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A11310 Summary:

A11310 Floor Votes:

A11310 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11310
 
                   IN ASSEMBLY
 
                                      May 28, 2010
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
          Silver, Benjamin, Bing, Camara, Clark,  Espaillat,  Galef,  Gottfried,
          Hikind,  Hoyt, Jeffries, Morelle, Powell) -- (at request of the Gover-
          nor) -- read once and referred to the Committee on Education
 
        AN ACT to amend the education law, in relation to charter schools
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section 2851 of the education law, as
     2  added by chapter 4 of the laws of 1998, is amended to read as follows:
     3    1. An application to establish a charter school may  be  submitted  by
     4  teachers,  parents,  school  administrators,  community residents or any
     5  combination thereof.  Such application may be filed in conjunction  with
     6  a  college,  university, museum, educational institution, not-for-profit
     7  corporation exempt from taxation under paragraph 3 of subsection (c)  of
     8  section  501  of  the  internal  revenue  code or for-profit business or
     9  corporate entity authorized to do business in New York  state.  Provided
    10  however, for-profit business or corporate entities shall not be eligible

    11  to  submit  an  application  to  establish  a charter school pursuant to
    12  subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this
    13  article,  or  operate  or  manage  a charter school for a charter issued
    14  pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
    15  of this article. For charter schools established in conjunction  with  a
    16  for-profit  business  or corporate entity, the charter shall specify the
    17  extent of the entity's participation in the management and operation  of
    18  the school.
    19    §  2.  Paragraph (c) of subdivision 2 of section 2851 of the education
    20  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    21  follows:
    22    (c)  The proposed governance structure of the school, including a list

    23  of members of the initial board of trustees, a description of the quali-
    24  fications, terms and method of appointment or election of trustees,  the
    25  organizational  structure  of the school, a procedure for conducting and
    26  publicizing monthly board of trustee meetings at  each  charter  school,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17477-11-0
        A. 11310                            2
 
     1  and  the  processes to be followed by the school to promote parental and
     2  staff involvement in school governance.
     3    §  3.  Paragraph (v) of subdivision 2 of section 2851 of the education
     4  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as

     5  follows:
     6    (v)  A  code  of  ethics for the charter school, setting forth for the
     7  guidance of its  trustees,  officers  and  employees  the  standards  of
     8  conduct  expected of them including standards with respect to disclosure
     9  of conflicts of interest regarding any matter brought before  the  board
    10  of trustees.
    11    §  4.  Paragraph (p) of subdivision 2 of section 2851 of the education
    12  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    13  follows:
    14    (p)  The  term  of  the  proposed charter, which shall not exceed five
    15  years; provided however, in the case  of  charters  issued  pursuant  to
    16  subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
    17  article the term of such proposed charter shall not exceed five years in

    18  which instruction is provided to pupils plus the period commencing  with
    19  the  effective  date  of  the charter and ending with the opening of the
    20  school for instruction.
    21    § 5. Subdivision 3 of section 2851 of the education law, as  added  by
    22  chapter  4 of the laws of 1998, paragraph (a) as amended by section 6 of
    23  part B of chapter 57 of the laws of 2008, is amended to read as follows:
    24    3. An applicant shall submit the application to a charter  entity  for
    25  approval. For purposes of this article, a charter entity shall be:
    26    (a) The board of education of a school district eligible for an appor-
    27  tionment of aid under subdivision four of section thirty-six hundred two
    28  of this chapter, provided that a board of education shall not approve an
    29  application  for  a  school to be operated outside the school district's

    30  geographic boundaries and further provided that in a city having a popu-
    31  lation of one million or more, the chancellor of any  such  city  school
    32  district shall be the charter entity established by this paragraph;
    33    (b) The board of trustees of the state university of New York; or
    34    (c) The board of regents.
    35    The  board  of  regents shall be the only entity authorized to issue a
    36  charter pursuant to this article. Notwithstanding any provision of  this
    37  subdivision  to  the  contrary,  an application for the conversion of an
    38  existing public school to a charter school shall be  submitted  to,  and
    39  may  only  be approved by, the charter entity set forth in paragraph (a)
    40  of this subdivision. [Any] Notwithstanding any law, rule  or  regulation
    41  to the contrary, any such application for conversion shall be consistent

    42  with  this  section  but shall not be subject to the process pursuant to
    43  subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this
    44  article, and the charter entity shall require that the parents or guard-
    45  ians  of a majority of the students then enrolled in the existing public
    46  school vote in favor of converting the school to a charter school.
    47    § 6. Subdivision 4 of section 2851 of the education law is amended  by
    48  adding a new paragraph (e) to read as follows:
    49    (e)  The means by which the charter school will meet or exceed enroll-
    50  ment and retention targets as prescribed by the board of regents or  the
    51  board of trustees of the state university of New York, as applicable, of
    52  students  with disabilities, English language learners, and students who

    53  are eligible applicants for the free and  reduced  price  lunch  program
    54  which  shall be considered by the charter entity prior to approving such
    55  charter school's application for renewal. When developing such  targets,
    56  the  board  of regents and the board of trustees of the state university
        A. 11310                            3
 
     1  of New York shall ensure (1) that such enrollment targets are comparable
     2  to the enrollment figures of such categories of students  attending  the
     3  public  schools within the school district, or in a city school district
     4  in  a  city  having a population of one million or more inhabitants, the
     5  community school district, in which the charter school is  located;  and

     6  (2)  that such retention targets are comparable to the rate of retention
     7  of such categories of students attending the public schools  within  the
     8  school  district,  or in a city school district in a city having a popu-
     9  lation  of  one  million  or  more  inhabitants,  the  community  school
    10  district, in which the proposed charter school would be located.
    11    § 7. Subdivision 1 of section 2852 of the education law, as amended by
    12  section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
    13  read as follows:
    14    1. A charter entity that receives an application  for  approval  of  a
    15  charter school shall act on each request received prior to July first of
    16  a  calendar  year  on or before January first of the succeeding calendar
    17  year, and a proposed charter between the applicant and the charter enti-

    18  ty resulting from such application shall be executed on or before Febru-
    19  ary first of such succeeding year.  Nothing in this subdivision shall be
    20  construed to prevent a charter entity from receiving or acting  upon  an
    21  application  at  any time.  This subdivision shall not apply to applica-
    22  tions that are submitted pursuant to subdivision nine-a of this section.
    23    § 8. Subdivision 5 of section 2852 of the education law, as  added  by
    24  chapter 4 of the laws of 1998, is amended to read as follows:
    25    5.  Upon approval of an application by a charter entity, the applicant
    26  and charter entity shall enter into a proposed  agreement  allowing  the
    27  applicants to organize and operate a charter school. Such written agree-
    28  ment,  known  as the charter, shall include (a) the information required
    29  by subdivision two of section twenty-eight  hundred  fifty-one  of  this

    30  article, as modified or supplemented during the approval process, (b) in
    31  the case of charters to be issued pursuant to subdivision nine-a of this
    32  section,  information  required by such subdivision, (c) any other terms
    33  or conditions required by applicable laws, rules  and  regulations,  and
    34  [(c)]  (d)  any  other  terms  or conditions, not inconsistent with law,
    35  agreed upon by the applicant and the charter entity.  In  addition,  the
    36  charter  shall  include  the  specific commitments of the charter entity
    37  relating to its obligations to oversee and supervise the charter school.
    38  Within five days after entering into a  proposed  charter,  the  charter
    39  entity  other  than  the  board  of regents shall submit to the board of
    40  regents a copy of the charter, the application and supporting documenta-

    41  tion for final approval and issuance by the board of regents in  accord-
    42  ance with subdivisions five-a and five-b of this section.
    43    §  9. Subdivision 5-a of section 2852 of the education law, as amended
    44  by section 2 of part D-2 of chapter 57 of the laws of 2007,  is  amended
    45  to read as follows:
    46    5-a. Upon receipt of a proposed charter submitted by a charter entity,
    47  the  board  of  regents shall review such proposed charter in accordance
    48  with the standards set forth in subdivision two of this section, and any
    49  other applicable specifications required by this article.  The board  of
    50  regents  shall  either  (a) approve and issue the charter as proposed by
    51  the charter entity or (b) return the proposed  charter  to  the  charter
    52  entity for reconsideration with the written comments and recommendations

    53  of  the  board  of regents. If the board of regents fails to act on such
    54  proposed charter within ninety days of its submission to  the  board  of
    55  regents  in  accordance with the previous sentence, the proposed charter
        A. 11310                            4
 
     1  shall be deemed to have been approved and issued by the board of regents
     2  at the expiration of such period.
     3    § 10. Intentionally omitted.
     4    §  11.  Subdivision 9 of section 2852 of the education law, as amended
     5  by section 2 of part D-2 of chapter 57 of the laws of 2007,  is  amended
     6  to read as follows:
     7    9.  The total number of charters issued pursuant to this article shall
     8  not exceed [two] four hundred sixty.  (a) One hundred of  such  charters
     9  shall be issued on the recommendation of the charter entity described in

    10  paragraph  (b)  of  subdivision  three  of  section twenty-eight hundred
    11  fifty-one of this article[, and]; (b) one hundred of such charters shall
    12  be issued on the recommendation of the other charter entities set  forth
    13  in  subdivision  three of section twenty-eight hundred fifty-one of this
    14  article[, provided that]; (c) up to fifty  of  the  additional  charters
    15  authorized to be issued by the chapter of the laws of two thousand seven
    16  which  amended this subdivision effective July first, two thousand seven
    17  shall be reserved for a city school district of a city  having  a  popu-
    18  lation  of one million or more; (d) one hundred thirty charters shall be
    19  issued by the board of regents pursuant  to  a  competitive  process  in
    20  accordance  with  subdivision  nine-a  of this section, provided that no

    21  more than fifty-seven of such charters shall be granted to a charter for
    22  a school to be located in a city having a population of one  million  or
    23  more;  (e)  one  hundred thirty charters shall be issued by the board of
    24  regents on the recommendation of the board  of  trustees  of  the  state
    25  university  of  New York pursuant to a competitive process in accordance
    26  with subdivision nine-a of this section,  provided  that  no  more  than
    27  fifty-seven  of such charters shall be granted to a charter for a school
    28  to be located in a city having a population of one million or more.  The
    29  failure of any body to issue the regulations authorized pursuant to this
    30  article shall not [effect] affect the authority of a charter  entity  to

    31  propose  a  charter  to  the  board  of regents or the board of regents'
    32  authority to grant such charter. A  conversion  of  an  existing  public
    33  school  to  a  charter  school  or the renewal or extension of a charter
    34  shall not be counted toward the numerical  limits  established  by  this
    35  subdivision.
    36    §  12.  Section  2852  of the education law is amended by adding a new
    37  subdivision 9-a to read as follows:
    38    9-a. (a) The board of regents is hereby  authorized  and  directed  to
    39  issue  two  hundred sixty charters pursuant to a competitive request for
    40  proposals process.
    41    (i) Commencing on August first, two thousand ten, the board of regents
    42  and the board of trustees of the state university of New York shall each
    43  issue a request for proposals in accordance with  this  subdivision  and

    44  this subparagraph:
    45    (1)  Each  request  for proposals to be issued by the board of regents
    46  and the board of trustees of the state university of New York on  August
    47  first, two thousand ten shall be for a maximum of thirty-two charters to
    48  be  issued for charter schools which would commence instructional opera-
    49  tion by the September of the next calendar year.
    50    (2) Each request for proposals to be issued by the  board  of  regents
    51  and the board of trustees of the state university of New York on January
    52  first,  two thousand eleven shall be for a maximum of thirty-three char-
    53  ters to be issued for charter schools which would commence instructional
    54  operation by the September of the next calendar year.

    55    (3) Each request for proposals to be issued by the  board  of  regents
    56  and the board of trustees of the state university of New York on January
        A. 11310                            5
 
     1  first, two thousand twelve shall be for a maximum of thirty-two charters
     2  to  be  issued  for  charter  schools which would commence instructional
     3  operation by the September of the next calendar year.
     4    (4)  Each  request  for proposals to be issued by the board of regents
     5  and the board of trustees of the state university of New York on Septem-
     6  ber first, two thousand thirteen shall be for a maximum of  thirty-three
     7  charters  to be issued for charter schools which would commence instruc-

     8  tional operation by the September of the next calendar year.
     9    (ii) Notwithstanding the provisions of clauses  one,  two,  three  and
    10  four of subparagraph (i) of this paragraph, if fewer charters are issued
    11  than  were requested in the request for proposals, the difference may be
    12  added to the number of charters requested in the request  for  proposals
    13  in the succeeding year.
    14    (iii) The board of regents shall make a determination to issue a char-
    15  ter  pursuant  to a request for proposals no later than December thirty-
    16  first of each year.
    17    (b) The board of regents and  the  board  of  trustees  of  the  state
    18  university  of New York shall each develop such request for proposals in

    19  a manner that facilitates a thoughtful review of charter school applica-
    20  tions, considers the demand for charter schools by  the  community,  and
    21  seeks  to  locate charter schools in a region or regions where there may
    22  be a lack of alternatives and access to charter  schools  would  provide
    23  new  alternatives  within  the  local public education system that would
    24  offer the greatest educational benefit to students.  Applications  shall
    25  be  evaluated  in  accordance with the criteria and objectives contained
    26  within a request for proposals.  The board of regents and the  board  of
    27  trustees  of  the  state  university  of New York shall not consider any
    28  applications which do not rigorously demonstrate that they have met  the
    29  following criteria:

    30     (i)  that the proposed charter school would meet or exceed enrollment
    31  and retention targets, as prescribed by the  board  of  regents  or  the
    32  board of trustees of the state university of New York, as applicable, of
    33  students  with disabilities, English language learners, and students who
    34  are eligible applicants for the free and reduced  price  lunch  program.
    35  When  developing  such  targets,  the  board of regents and the board of
    36  trustees of the state university of New York, shall ensure (1) that such
    37  enrollment targets are comparable to  the  enrollment  figures  of  such
    38  categories  of  students  attending the public schools within the school
    39  district, or in a city school district in a city having a population  of

    40  one million or more inhabitants, the community school district, in which
    41  the  proposed  charter  school  would  be  located;  and  (2)  that such
    42  retention targets are comparable to the rate of retention of such  cate-
    43  gories  of  students  attending  the  public  schools  within the school
    44  district, or in a city school district in a city having a population  of
    45  one million or more inhabitants, the community school district, in which
    46  the proposed charter school would be located; and
    47    (ii)  that  the applicant has conducted public outreach, in conformity
    48  with a thorough and meaningful public review process prescribed  by  the
    49  board  of  regents  and the board of trustees of the state university of

    50  New York, to solicit community  input  regarding  the  proposed  charter
    51  school  and  to  address  comments  received from the impacted community
    52  concerning the educational and programmatic needs of students.
    53    (c) The board of regents and  the  board  of  trustees  of  the  state
    54  university of New York shall grant priority based on a scoring rubric to
    55  those  applications  that  best  demonstrate  how  they will achieve the
    56  following objectives, and any additional objectives the board of regents
        A. 11310                            6
 
     1  and the board of trustees of the  state  university  of  New  York,  may
     2  prescribe:
     3    (i)  increasing student achievement and decreasing student achievement

     4  gaps in reading/language arts and mathematics;
     5    (ii) increasing high school graduation rates and focusing  on  serving
     6  specific  high school student populations including, but not limited to,
     7  students at risk of not obtaining a  high  school  diploma,  re-enrolled
     8  high  school  drop-outs,  and  students with academic skills below grade
     9  level;
    10    (iii) focusing on the academic achievement of middle  school  students
    11  and preparing them for a successful transition to high school;
    12    (iv)   utilizing   high-quality  assessments  designed  to  measure  a
    13  student's knowledge, understanding of, and ability  to  apply,  critical
    14  concepts through the use of a variety of item types and formats;

    15    (v)  increasing  the  acquisition, adoption, and use of local instruc-
    16  tional improvement systems that provide teachers, principals, and admin-
    17  istrators with the information and resources they  need  to  inform  and
    18  improve  their  instructional  practices,  decision-making,  and overall
    19  effectiveness;
    20    (vi) partnering with low performing public  schools  in  the  area  to
    21  share best educational practices and innovations;
    22    (vii) demonstrating the management and leadership techniques necessary
    23  to  overcome  initial  start-up problems to establish a thriving, finan-
    24  cially viable charter school;
    25    (viii) demonstrating the support of the school district in  which  the

    26  proposed  charter  school will be located and the intent to establish an
    27  ongoing relationship with such school district.
    28    (d) No later than November  first,  two  thousand  ten,  and  of  each
    29  succeeding  year,  after a thorough review of applications received, the
    30  board of trustees of the state university of New  York  shall  recommend
    31  for  approval to the board of regents the qualified applications that it
    32  has determined rigorously demonstrate the criteria and best satisfy  the
    33  objectives contained within a request for proposals, along with support-
    34  ing documentation outlining such determination.
    35    (e)  Upon  receipt of a proposed charter to be issued pursuant to this
    36  subdivision submitted by a charter entity, the board of regents  or  the

    37  board  of  trustees  of  the state university of New York, shall review,
    38  recommend and issue, as applicable, such charters in accordance with the
    39  standards established in this subdivision.
    40    (f) The board of regents shall be the only entity authorized to  issue
    41  a charter pursuant to this article.  The board of regents shall consider
    42  applications submitted directly to the board of regents and applications
    43  recommended  by  the  board  of  trustees of the state university of New
    44  York.
    45    (g) Each application submitted in response to a request for  proposals
    46  pursuant  to  this  subdivision shall also meet the application require-
    47  ments set out in this article and any other applicable laws,  rules  and
    48  regulations.

    49    (h) During the development of a request for proposals pursuant to this
    50  subdivision  the board of regents and the board of trustees of the state
    51  university of New York shall each afford the public  an  opportunity  to
    52  submit comments and shall review and consider the comments raised by all
    53  interested parties.
    54    §  13. Paragraph (a) of subdivision 1 of section 2853 of the education
    55  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    56  follows:
        A. 11310                            7
 
     1    (a)  Upon the approval of a charter by the board of regents, the board
     2  of regents shall incorporate the charter school as an  education  corpo-
     3  ration for a term not to exceed five years, provided however in the case

     4  of  charters  issued  pursuant  to subdivision nine-a of section twenty-
     5  eight  hundred  fifty-two  of  this  article  the board of regents shall
     6  incorporate the charter school as an education corporation  for  a  term
     7  not to exceed five years in which instruction is provided to pupils plus
     8  the  period commencing with the effective date of the charter and ending
     9  with the opening of the school for instruction.    Such  certificate  of
    10  incorporation  shall  not  modify  or  limit  any  terms  of the charter
    11  approved by the board of regents. Upon approval  of  an  application  to
    12  renew  a  charter,  the board of regents shall extend the certificate of
    13  incorporation for a term not to exceed five years. Upon  termination  or
    14  nonrenewal  of the charter of a charter school pursuant to section twen-

    15  ty-eight hundred fifty-five of this article, the certificate of incorpo-
    16  ration of the charter school shall be revoked by the  board  of  regents
    17  pursuant  to section two hundred nineteen of this chapter, provided that
    18  compliance with the notice and  hearing  requirements  of  such  section
    19  twenty-eight  hundred  fifty-five  of  this  article  shall be deemed to
    20  satisfy the notice and hearing requirements of such section two  hundred
    21  nineteen.  It shall be the duty of the trustees of the charter school to
    22  obtain federal tax-exempt  status  no  later  than  one  year  following
    23  approval  of  a  charter school by the board of regents. For purposes of
    24  this article, "certificate of incorporation" shall mean the  provisional
    25  charter  issued by the board of regents to form the charter school as an
    26  educational corporation pursuant to sections two hundred sixteen and two

    27  hundred seventeen of this chapter.
    28    § 14. Paragraph (b-1) of subdivision 1 of section 2853 of  the  educa-
    29  tion  law, as added by chapter 4 of the laws of 1998, is amended to read
    30  as follows:
    31    (b-1) An education corporation operating a charter school shall  [not]
    32  be authorized to operate more than one school or house any grade at more
    33  than  one  site,  provided  that  a charter must be issued for each such
    34  additional school or site in accordance with the  requirements  for  the
    35  issuance  of a charter pursuant to this article and that each such addi-
    36  tional school or site shall count as a charter issued pursuant to subdi-
    37  vision nine of section twenty eight hundred fifty-two of  this  article;
    38  and provided further that:

    39    (A) a charter school may operate in more than one building at a single
    40  site; and
    41    (B)  a  charter  school  which provides instruction to its students at
    42  different locations for a portion of their school day shall be deemed to
    43  be operating at a single site.
    44    § 15. Paragraph (a) of subdivision 3 of section 2853 of the  education
    45  law,  as  amended  by section 4 of part D-2 of chapter 57 of the laws of
    46  2007, is amended and five new paragraphs (a-1), (a-2), (a-3), (a-4)  and
    47  (a-5) are added to read as follows:
    48    (a)  A  charter  school  may  be located in part of an existing public
    49  school building, in space provided on a private work site, in  a  public
    50  building  or in any other suitable location. Provided, however, before a
    51  charter school may be located in  part  of  an  existing  public  school
    52  building,  the  charter  entity  shall  provide notice to the parents or

    53  guardians of the students then enrolled in the existing school  building
    54  and  shall hold a public hearing for purposes of discussing the location
    55  of the charter school. A charter school  may  own,  lease  or  rent  its
        A. 11310                            8
 
     1  space.  [For  purposes of local zoning, land use regulation and building
     2  code compliance, a charter school shall be deemed a nonpublic school.]
     3    (a-1)  (i)  For  charters  issued  pursuant  to  subdivision nine-a of
     4  section twenty-eight hundred fifty-two of this article located outside a
     5  city school district in a city having a population  of  one  million  or
     6  more  inhabitants, the department shall approve plans and specifications
     7  and issue certificates of occupancy for such charter schools. Such char-

     8  ter schools shall comply with all department health, sanitary, and safe-
     9  ty requirements applicable to facilities and shall be treated  the  same
    10  as  other  public  schools  for purposes of local zoning, land use regu-
    11  lation and building code compliance. Provided however, that the  depart-
    12  ment  shall be authorized to grant specific exemptions from the require-
    13  ments  of  this  paragraph  to  charter  schools  upon  a  showing  that
    14  compliance  with such requirements creates an undue economic hardship or
    15  that some other good cause exists that makes compliance with this  para-
    16  graph extremely impractical. A demonstrated effort to overcome the stat-
    17  ed obstacles must be provided.

    18    (ii)  In  a  city  school  district in a city with a population of one
    19  million or more, all charters authorized to be issued by the chapter  of
    20  the  laws  of  two  thousand ten which amended this subdivision shall be
    21  obligated to comply with the department's health,  safety  and  sanitary
    22  requirements  applicable to facilities to the same extent as non-charter
    23  public schools in such a city school district.
    24    (a-2) A charter school shall be deemed a nonpublic school for purposes
    25  of local zoning, land use regulation and building code compliance if  it
    26  has  been  granted  an exemption by the department pursuant to paragraph
    27  (a-1) of this subdivision or if its charter was not issued  pursuant  to

    28  subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
    29  article.
    30    (a-3)(1) Before a charter school may be located or  co-located  in  an
    31  existing  public  school  building  in  a city school district in a city
    32  having a population of one million or more inhabitants,  the  chancellor
    33  shall  identify which public school buildings may be subject to location
    34  or co-location, provide the rationale  as  to  why  such  public  school
    35  building  is  identified  for location or co-location and shall make all
    36  such information publicly available,  including  via  the  city  board's
    37  official  internet  website.   In addition, the chancellor shall provide
    38  widespread notice of such information including to the community  super-

    39  intendent,  community  district  education  council and the school-based
    40  management team.  After a public school building has been selected for a
    41  proposed location or co-location, the chancellor shall develop a  build-
    42  ing usage plan in accordance with this paragraph.
    43    (2)  The  building usage plan shall be developed by the chancellor for
    44  each school that has been definitively  identified  for  a  location  or
    45  co-location.    The  building  usage plan shall include, but need not be
    46  limited to, the following information:
    47    (A) the actual allocation and sharing of classroom and  administrative
    48  space between the charter and non-charter schools;
    49    (B)  a  proposal  for  the collaborative usage of shared resources and

    50  spaces between the charter school and the non-charter schools, including
    51  but not limited to, cafeterias, libraries, gymnasiums  and  recreational
    52  spaces,  including  playgrounds  which  assures equitable access to such
    53  facilities in a similar manner and at reasonable  times  to  non-charter
    54  school students as provided to charter school students;
    55    (C)  justification  of the feasibility of the proposed allocations and
    56  schedules set forth in clauses (A) and (B) of this subparagraph and  how
        A. 11310                            9
 
     1  such  proposed allocations and shared usage would result in an equitable
     2  and comparable use of such public school building;
     3    (D) building safety and security;

     4    (E) communication strategies to be used by the co-located schools; and
     5    (F)  collaborative decision-making strategies to be used by the co-lo-
     6  cated schools including the establishment of a  shared  space  committee
     7  pursuant to paragraph (a-four) of this subdivision.
     8    (3)  A  building  usage plan developed by the chancellor in accordance
     9  with this paragraph shall be  included  within  the  educational  impact
    10  statement  required  by  paragraph  (b)  of subdivision two-a of section
    11  twenty-five hundred ninety-h  of  this  title  and  be  subject  to  the
    12  requirements  of  subdivision two-a of such section prior to approval by
    13  the board of education pursuant to paragraph h  of  subdivision  one  of

    14  section twenty-five hundred ninety-g of this title.
    15    (4)  A  building  usage plan developed by the chancellor in accordance
    16  with this paragraph may be revised and such revision shall require board
    17  of education approval  consistent  with  the  requirements  pursuant  to
    18  subdivision seven of section twenty-five hundred ninety-g of this title.
    19    (5)  The  building  usage plan shall be made publicly available by the
    20  chancellor, including via the city board's  official  internet  website,
    21  and  a copy shall also be filed with the city board, the impacted commu-
    22  nity district education council, community boards, community superinten-
    23  dent, and school based management team.
    24    (a-4) In a city school district in a city having a population  of  one

    25  million  or  more  inhabitants, a shared space committee shall be estab-
    26  lished in each public school building  in  which  one  or  more  charter
    27  schools  are  located or co-located within a public school building with
    28  non-charter  public  schools.  The  shared  space  committee  shall   be
    29  comprised  of  the principal, a teacher, and a parent of each co-located
    30  school. Such committee shall conduct regular  meetings,  at  least  four
    31  times  per  school  year, to review implementation of the building usage
    32  plan developed pursuant to paragraph (a-three) of this subdivision.
    33    (a-5) Notwithstanding any provision to the contrary, in a city  school
    34  district  in  a city having a population of one million or more inhabit-

    35  ants, the determination to locate or co-locate a charter school within a
    36  public school building and the implementation of and compliance with the
    37  building usage plan developed pursuant to paragraph  (a-three)  of  this
    38  subdivision  that  has  been  approved by the board of education of such
    39  city school district pursuant to paragraph (h)  of  subdivision  one  of
    40  section  twenty-five hundred ninety-g of this title and after satisfying
    41  the requirements of subdivision two-a  of  section  twenty-five  hundred
    42  ninety-h  of  this title may be appealed to the commissioner pursuant to
    43  section three hundred ten  of  this  chapter.    Provided  further,  the
    44  revision  of  a  building  usage plan approved by the board of education

    45  consistent with  the  requirements  pursuant  to  subdivision  seven  of
    46  section  twenty-five hundred ninety-g of this title may also be appealed
    47  to the commissioner on the grounds that such revision fails to meet  the
    48  standards set forth in clause (B) of subparagraph two of paragraph (a-3)
    49  of  this subdivision.   Following a petition for such appeal pursuant to
    50  this paragraph, such  city  school  district  shall  have  ten  days  to
    51  respond.  The  petition must be dismissed, adjudicated or disposed of by
    52  the commissioner within ten days of  the  receipt  of  the  city  school
    53  district's response.
    54    § 16. Subdivision 3 of section 2853 of the education law is amended by
    55  adding a new paragraph (d) to read as follows:

        A. 11310                           10
 
     1    (d)  Notwithstanding  any  other  provision to the contrary, in a city
     2  school district in a city having a population of  one  million  or  more
     3  inhabitants, the chancellor must first authorize in writing any proposed
     4  capital  improvements  or  facility  upgrades in excess of five thousand
     5  dollars,  regardless  of  the source of funding, made to accommodate the
     6  co-location of a charter school within a public school  building.    For
     7  any  such  improvements or upgrades that have been approved by the chan-
     8  cellor, capital improvements or facility upgrades shall be  made  in  an
     9  amount equal to the expenditure of the charter school for each non-char-
    10  ter  public  school  within the public school building.  For any capital

    11  improvements or facility upgrades in excess  of  five  thousand  dollars
    12  that  have  been approved by the chancellor, regardless of the source of
    13  funding, made in a charter school that is already  co-located  within  a
    14  public  school  building,  matching  capital  improvements  or  facility
    15  upgrades shall be made in an amount equal  to  the  expenditure  of  the
    16  charter  school  for  each  non-charter  public school within the public
    17  school building within three months of such improvements or upgrades.
    18    § 17. Paragraph (c) of subdivision 1 of section 2854 of the  education
    19  law,  as  amended by chapter 267 of the laws of 2005, is amended to read
    20  as follows:
    21    (c) A charter school shall be subject to  the  financial  audits,  the

    22  audit  procedures,  and  the audit requirements set forth in the charter
    23  and shall be subject to audits of  the  comptroller  [as  set  forth  in
    24  section  thirty-three  of the general municipal law] of the state of New
    25  York at his or her discretion. Such procedures and  standards  shall  be
    26  consistent with generally accepted accounting and audit standards. Inde-
    27  pendent fiscal audits shall be required at least once annually.
    28    § 18. Subdivision 1 of section 2854 of the education law is amended by
    29  adding a new paragraph (f) to read as follows:
    30    (f)  A  charter  school shall be subject to the provisions of sections
    31  eight hundred, eight hundred  one,  eight  hundred  two,  eight  hundred
    32  three,  eight  hundred  four,  eight hundred four-a, eight hundred five,

    33  eight hundred five-a, eight hundred five-b and eight hundred six of  the
    34  general  municipal  law to the same extent such sections apply to school
    35  districts.
    36    § 19.  Paragraph (b) of subdivision 2 of section 2854 of the education
    37  law, as amended by section 5 of part D-2 of chapter 57 of  the  laws  of
    38  2007, is amended to read as follows:
    39    (b) Any child who is qualified under the laws of this state for admis-
    40  sion  to a public school is qualified for admission to a charter school.
    41  Applications for admission to a charter school shall be submitted  on  a
    42  uniform  application  form  created  by the department and shall be made
    43  available by a charter school in languages predominately spoken  in  the
    44  community  in  which  such  charter  school is located. The school shall

    45  enroll each eligible student who submits a  timely  application  by  the
    46  first  day of April each year, unless the number of applications exceeds
    47  the capacity of the grade level or building.  In  such  cases,  students
    48  shall  be  accepted from among applicants by a random selection process,
    49  provided, however, that an enrollment preference shall  be  provided  to
    50  pupils  returning  to the charter school in the second or any subsequent
    51  year of operation and pupils residing in the school  district  in  which
    52  the  charter  school is located, and siblings of pupils already enrolled
    53  in the charter school.  The commissioner shall establish regulations  to
    54  require  that  the  random  selection process conducted pursuant to this
    55  paragraph be performed in a transparent  and  equitable  manner  and  to

    56  require  that  the  time  and  place  of the random selection process be
        A. 11310                           11
 
     1  publicized in a manner consistent with the requirements of  section  one
     2  hundred  four  of the public officers law and be open to the public. For
     3  the purposes of this paragraph and paragraph (a)  of  this  subdivision,
     4  the  school  district in which the charter school is located shall mean,
     5  for the city school district of the city  of  New  York,  the  community
     6  district in which the charter school is located.
     7    §  20. Paragraph (a) of subdivision 2 of section 2854 of the education
     8  law, as amended by section 5 of part D-2 of chapter 57 of  the  laws  of
     9  2007, is amended to read as follows:
    10    (a)  A charter school shall be nonsectarian in its programs, admission

    11  policies, employment practices, and all other operations and  shall  not
    12  charge  tuition  or fees; provided that a charter school may require the
    13  payment of fees on the same basis and to the same extent as other public
    14  schools. A charter school shall not discriminate  against  any  student,
    15  employee or any other person on the basis of ethnicity, national origin,
    16  gender, or disability or any other ground that would be unlawful if done
    17  by  a school. Admission of students shall not be limited on the basis of
    18  intellectual ability, measures  of  achievement  or  aptitude,  athletic
    19  ability,  disability, race, creed, gender, national origin, religion, or
    20  ancestry; provided, however, that  nothing  in  this  article  shall  be
    21  construed to prevent the establishment of a single-sex charter school or
    22  a charter school designed to provide expanded learning opportunities for

    23  students  at-risk  of academic failure or students with disabilities and
    24  English language learners;  and  provided,  further,  that  the  charter
    25  school  shall  demonstrate  good  faith  efforts to attract and retain a
    26  comparable or greater enrollment  of  students  with  disabilities  [and
    27  limited],  English  [proficient] language learners, and students who are
    28  eligible applicants for the free and reduced price  lunch  program  when
    29  compared  to  the  enrollment  figures  for  such students in the school
    30  district in which the charter school is located.  A charter shall not be
    31  issued to any school that would be wholly or in part under  the  control
    32  or  direction  of  any religious denomination, or in which any denomina-
    33  tional tenet or doctrine would be taught.

    34    § 21. Subdivision 1 of section 2855 of the education law, as added  by
    35  chapter 4 of the laws of 1998, is amended to read as follows:
    36    1.  The charter entity, or the board of regents, may terminate a char-
    37  ter upon any of the following grounds:
    38    (a) When a charter school's outcome  on  student  assessment  measures
    39  adopted  by  the board of regents falls below the level that would allow
    40  the commissioner to revoke the registration of  another  public  school,
    41  and  student achievement on such measures has not shown improvement over
    42  the preceding three school years[:];
    43    (b) Serious violations of law;
    44    (c) Material and  substantial  violation  of  the  charter,  including
    45  fiscal mismanagement; [or]
    46    (d)  When  the public employment relations board makes a determination

    47  that the charter school demonstrates a practice and pattern of egregious
    48  and intentional violations of subdivision one  of  section  two  hundred
    49  nine-a of the civil service law involving interference with or discrimi-
    50  nation  against  employee  rights  under  article  fourteen of the civil
    51  service law[.]; or
    52    (e) Repeated failure to comply with the requirement to meet or  exceed
    53  enrollment  and retention targets of students with disabilities, English
    54  language learners, and students who are eligible applicants for the free
    55  and reduced price lunch program pursuant to targets established  by  the
    56  board of regents or the board of trustees of the state university of New
        A. 11310                           12
 

     1  York, as applicable.  Provided, however, if no grounds for terminating a
     2  charter  are established pursuant to this section other than pursuant to
     3  this paragraph, and the charter school demonstrates  that  it  has  made
     4  extensive  efforts  to  recruit  and  retain  such  students,  including
     5  outreach to parents and families in the surrounding communities,  widely
     6  publicizing  the  lottery  for  such school, and efforts to academically
     7  support such students in such charter school, then the charter entity or
     8  board of regents may retain such charter.
     9    § 22. Subdivision 2 of section 2857 of the education law,  as  amended
    10  by  section  7 of part D-2 of chapter 57 of the laws of 2007, is amended
    11  to read as follows:

    12    2. Each charter school shall submit to the charter entity and  to  the
    13  board  of regents an annual report. Such report shall be issued no later
    14  than the first day of August of each year for the preceding school  year
    15  and shall be made publicly available by such date and shall be posted on
    16  the  charter  school's website.  The annual report shall be in such form
    17  as shall be prescribed by the commissioner and shall  include  at  least
    18  the following components:
    19    (a)  a charter school report card, which shall include measures of the
    20  comparative academic and fiscal performance of the school, as prescribed
    21  by the commissioner in regulations adopted for such purpose. Such  meas-
    22  ures  shall  include,  but  not be limited to, graduation rates, dropout
    23  rates, performance of students  on  standardized  tests,  college  entry

    24  rates,  total  spending per pupil and administrative spending per pupil.
    25  Such measures shall be presented in a format that is  easily  comparable
    26  to  similar public schools. In addition, the charter school shall ensure
    27  that such information is easily accessible to  the  community  including
    28  making  it  publicly available by transmitting it to local newspapers of
    29  general circulation and making it available for distribution at board of
    30  trustee meetings.
    31    (b) discussion of the progress made towards achievement of  the  goals
    32  set forth in the charter.
    33    (c)  a  certified  financial  statement  setting forth, by appropriate
    34  categories, the revenues and expenditures for the preceding school year,
    35  including a copy of the most recent  independent  fiscal  audit  of  the

    36  school  and  any  audit conducted by the comptroller of the state of New
    37  York.
    38    § 23. Subdivision 2 of section 2857 of the education law,  as  amended
    39  by section twenty-two of this act, is amended to read as follows:
    40    2.  Each  charter school shall submit to the charter entity and to the
    41  board of regents an annual report. Such report shall be issued no  later
    42  than  the first day of August of each year for the preceding school year
    43  and shall be made publicly available by such date and shall be posted on
    44  the charter school's website.  The annual report shall be in  such  form
    45  as  shall  be  prescribed by the commissioner and shall include at least
    46  the following components:
    47    (a) a charter school report card, which shall include measures of  the
    48  comparative academic and fiscal performance of the school, as prescribed

    49  by  the commissioner in regulations adopted for such purpose. Such meas-
    50  ures shall include, but not be limited  to,  graduation  rates,  dropout
    51  rates,  performance  of  students  on  standardized tests, college entry
    52  rates, total spending per pupil and administrative spending  per  pupil.
    53  Such  measures  shall be presented in a format that is easily comparable
    54  to similar public schools. In addition, the charter school shall  ensure
    55  that  such  information  is easily accessible to the community including
    56  making it publicly available by transmitting it to local  newspapers  of
        A. 11310                           13
 
     1  general circulation and making it available for distribution at board of
     2  trustee meetings.
     3    (b)  discussion  of the progress made towards achievement of the goals
     4  set forth in the charter.

     5    (c) a certified financial  statement  setting  forth,  by  appropriate
     6  categories, the revenues and expenditures for the preceding school year,
     7  including  a  copy  of  the  most recent independent fiscal audit of the
     8  school and any audit conducted by the comptroller of the  state  of  New
     9  York.
    10    (d)  efforts  taken by the charter school in the existing school year,
    11  and a plan for efforts to be taken in the  succeeding  school  year,  to
    12  meet  or  exceed  enrollment  and  retention targets set by the board of
    13  regents or the board of trustees of the state university of New York, as
    14  applicable, of students with disabilities,  English  language  learners,
    15  and  students who are eligible applicants for the free and reduced price

    16  lunch program established pursuant to paragraph (e) of subdivision  four
    17  of section twenty-eight hundred fifty-one of this article.
    18    § 24. Subdivision 3 of section 2857 of the education law is amended by
    19  adding a new paragraph (a-1) to read as follows:
    20    (a-1) A list including the number of charter schools closed during the
    21  preceding  year, and a brief description of the reasons therefor includ-
    22  ing, but not limited to, non-renewal of the charter or revocation of the
    23  charter;
    24    § 25. Section 2857 of the education law is amended  by  adding  a  new
    25  subdivision 5 to read as follows:
    26    5.  The  board  of  regents  shall  on an annual basis review and make
    27  available to school districts best  educational  practices  employed  by
    28  charter schools.

    29    §  26. Paragraph (a) of subdivision 15 of section 2590-h of the educa-
    30  tion law, as amended by chapter 345 of the laws of 2009, is  amended  to
    31  read as follows:
    32    (a)  establishing a parents' association or a parent-teachers' associ-
    33  ation in each public school under  the  chancellor's  jurisdiction;  and
    34  ensuring  that the districts and charter schools located within the city
    35  district do the same; the chancellor shall ensure that meetings of  such
    36  parents' associations or parent-teachers' associations shall comply with
    37  section four hundred fourteen of this chapter;
    38    §  27. Severability clause. If any clause, sentence, paragraph, subdi-
    39  vision, section or part of this act shall be adjudged by  any  court  of
    40  competent  jurisdiction  to  be invalid, such judgment shall not affect,

    41  impair, or invalidate the remainder thereof, but shall  be  confined  in
    42  its  operation  to the clause, sentence, paragraph, subdivision, section
    43  or part thereof directly involved in the controversy in which such judg-
    44  ment shall have been rendered. It is hereby declared to be the intent of
    45  the legislature that this act would  have  been  enacted  even  if  such
    46  invalid provisions had not been included herein.
    47    §  28. This act shall take effect immediately; provided, however, that
    48  sections six, nineteen, twenty-one and twenty-three of  this  act  shall
    49  take  effect January 1, 2011; provided, further, however that the amend-
    50  ments to paragraph (a) of subdivision 15 of section 2590-h of the educa-
    51  tion law made by section twenty-six of this act  shall  not  affect  the
    52  expiration of such section and shall expire therewith.