NY State Senate Bill 2009-S1473

Senate Bill S1473

2009-2010 Legislative Session

Provides for submission of applications of charter schools to be made to the board of education of the local school district and to the chancellor, where appropriate

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Feb 02, 2009	referred to education

2009-S1473 (ACTIVE) - Details

See Assembly Version of this Bill:: A10211
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2851, 2852 & 2853, Ed L

2009-S1473 (ACTIVE) - Summary

Provides for submission of applications of charter schools to be made to the board of education of the local school district and to the chancellor, where appropriate.

2009-S1473 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1473

 TITLE OF BILL :

An act to amend the education law, in relation to approval of
applications of charter schools


 PURPOSE :

To require approval of a charter school by the district of location.

 SUMMARY OF PROVISIONS :

Section one amends §2851(2) of the Education Law to add a new
subdivision (y) requiring the school district where the charter school
is located be included in charter school applications.

Section two amends §2851(3) of the Education Law to specify that
applications to establish charter schools be submitted not only to the
chartering entity, but also to the Board of Education or in New York
City, to the Chancellor for approval. Amends §2851(4) of the Education
Law to clarify that charters issued prior to April 1, 2008 can be
renewed solely through the charter entity which originally approved
the charter.

Section three amends §2852(1) of the Education Law. Requires a school
board of the district of location or the Chancellor to approve a
charter application before a charter entity can act on it. Requires a
school district to act on a charter school application that is
received prior to July 1st on or before October 1st. Requires the
school board or the Chancellor to forward, within 7 days of approving
a charter application, the application to the appropriate charter
entity and a specified form stating that the school board or
Chancellor has acted to approve the charter application. Requires that
the denial of an application be put in writing and include the reasons
for denial. Also, states that the denial is final. Amends §2852(3) of
the Education Law to require that modifications or supplements to a
charter school application be approved by the school board of the
district of location or the Chancellor before a charter entity can act
on the charter school application. Amends §2852(7) of the Education
Law to require that a revision of a charter has to be approved by the
school board of the district of location or the Chancellor, in
addition to the charter entity and the board of regents.

Section four amends §2853(2) of the Education Law to give the school
board of the district of location and Chancellor oversight over
charter schools. Currently, only the Board of Regents and the charter
entity have oversight over charter schools.

 EXISTING LAW :

Under the current charter school construct, the board of education of
the school district where the charter school is located or the
Chancellor is given virtually no say in the establishment, the
renewal, or the continued oversight of the charter school.
Nevertheless, the school district is required to pay directly to the
charter school for each student enrolled in the charter school an
amount equal to 100% of the "expense per pupil".

 JUSTIFICATION :

The per capita costs associated with the education of a child in a
particular public school (exclusive of building aid) follows that
child to the charter school (also, by definition, a public school).
The "sending" public school must still contend with virtually all of
the same costs -- e.g., salaries of its employees, benefits (including
health and pension costs), bond indebtedness, etc. Rarely, if ever,
does the departure of one or several students afford any cost savings
to the "sending" school. Nonetheless, a distinction can be made
between independent and dependent school districts. The latter not
having an independently elected school board authorized to raise its
own revenues, and the former, the overwhelmingly prevalent means of
school district governance having that ability. Unlike independent
school districts, the local governing authority of a dependent school
district (the mayor and the city council) may choose to provide
revenue to support charter schools.

Competition should be welcomed in virtually all endeavors, including
education. Charter schools encourage innovative ideas that can
potentially improve the quality of education. Nevertheless, given the
fiscal implications of charter schools on the district of location,
the district must be given the authority to approve an initial
application and then; renew the charter. The district should also have
continued oversight of the charter school. Of the 42 states which have
charter schools, 18 require local school district approval.

School districts, like Albany and Buffalo, have seen a tremendous
growth in resident student enrollment in charter schools. The aim of
this bill is to provide much needed relief to districts that have seen
a significant drain in financial resources due to charter school
tuition payments.

 LEGISLATIVE HISTORY :

06/24/08 Committee to Rules

 FISCAL IMPLICATIONS :



 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1473 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1473

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to approval  of  applica-
  tions of charter schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section  2851  of  the  education  law  is
amended by adding a new paragraph (y) to read as follows:
  (Y)  THE  PUBLIC  SCHOOL  DISTRICT  WHERE  THE CHARTER SCHOOL IS TO BE
LOCATED.
  S 2. Subdivisions 3 and 4 of section 2851 of  the  education  law,  as
added  by  chapter 4 of the laws of 1998, paragraph (a) of subdivision 3
as amended by section 6 of part B of chapter 57 of the laws of 2008, are
amended to read as follows:
  3. An applicant shall submit the  application  to  [a]  THE  BOARD  OF
EDUCATION  OF  THE  SCHOOL DISTRICT AND IN A CITY HAVING A POPULATION OF
ONE MILLION OR MORE TO THE CHANCELLOR, WHERE THE CHARTER SCHOOL WILL  BE
LOCATED  AND THE charter entity for approval. For purposes of this arti-
cle, a charter entity shall be:
  (a) The board of education of a school district eligible for an appor-
tionment of aid under subdivision four of section thirty-six hundred two
of this chapter, provided that a board of education shall not approve an
application for a school to be operated outside  the  school  district's
geographic boundaries and further provided that in a city having a popu-
lation  of  one  million or more, the chancellor of any such city school
district shall be the charter entity established by this paragraph;
  (b) The board of trustees of the state university of New York; or
  (c) The board of regents.
  The board of regents shall be the only entity authorized  to  issue  a
charter  pursuant to this article. Notwithstanding any provision of this
subdivision to the contrary, an application for  the  conversion  of  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07267-01-9

S. 1473                             2

existing  public  school  to a charter school shall be submitted to, and
may only be approved by, the charter entity set forth in  paragraph  (a)
of  this  subdivision.  Any  such  application  for  conversion shall be
consistent  with this section, and the charter entity shall require that
the parents or guardians of a majority of the students then enrolled  in
the  existing  public school vote in favor of converting the school to a
charter school.
  4. Charters WHICH ARE ISSUED PRIOR TO APRIL FIRST, TWO THOUSAND EIGHT,
may be renewed, upon application, for a term of up to five years BY  THE
CHARTER  ENTITY  WHICH ORIGINALLY APPROVED THE CHARTER.  CHARTERS ISSUED
AFTER APRIL FIRST, TWO THOUSAND EIGHT MAY BE  RENEWED  UPON  APPLICATION
FOR A TERM OF UP TO FIVE YEARS in accordance with the provisions of this
article  for  the  issuance of such charters pursuant to section twenty-
eight hundred fifty-two of this article; provided, however, that [a] ALL
renewal [application] APPLICATIONS shall include:
  (a) A report of the progress of the charter school  in  achieving  the
educational objectives set forth in the charter.
  (b) A detailed financial statement that discloses the cost of adminis-
tration,  instruction  and  other  spending  categories  for the charter
school that will allow a comparison of such costs to other schools, both
public and private. Such statement shall be in a form prescribed by  the
board of regents.
  (c)  Copies  of  each  of  the  annual  reports  of the charter school
required by subdivision two of section twenty-eight hundred  fifty-seven
of  this  article,  including  the  charter  school report cards and the
certified financial statements.
  (d) Indications of parent and student satisfaction.
Such renewal application shall be submitted to  the  charter  entity  no
later  than six months prior to the expiration of the charter; provided,
however, that the charter entity may waive such deadline for good  cause
shown.
  S  3.  Subdivisions  1,  3 and 7 of section 2852 of the education law,
subdivisions 1 and 7 as amended by section 2 of part D2 of chapter 57 of
the laws of 2007 and subdivision 3 as added by chapter 4 of the laws  of
1998, are amended to read as follows:
  1.  A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION UNLESS THE SCHOOL
BOARD OF THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS TO  BE  LOCATED
HAS  VOTED  AND APPROVED THE CHARTER APPLICATION. IN A CITY OF MORE THAN
ONE MILLION INHABITANTS,  THE  CHANCELLOR  SHALL  ACT  AS  THE  APPROVAL
AUTHORITY  FOR  ANY  CHARTER APPLICATIONS TO BE LOCATED WITHIN SUCH CITY
BEFORE A CHARTER ENTITY  SHALL  ACT  ON  THE  APPLICATION.  EACH  SCHOOL
DISTRICT  THAT  RECEIVES AN APPLICATION FOR APPROVAL OF A CHARTER SCHOOL
SHALL ACT ON EACH REQUEST RECEIVED PRIOR TO JULY  FIRST  OF  A  CALENDAR
YEAR ON OR BEFORE OCTOBER FIRST OF THAT CALENDAR YEAR. WITHIN SEVEN DAYS
OF  APPROVING  A  CHARTER  APPLICATION,  THE SCHOOL BOARD, OR CHANCELLOR
WHERE APPROPRIATE, SHALL FORWARD  THE  APPLICATION  TO  THE  APPROPRIATE
CHARTER  ENTITY  ALONG  WITH  A FORM TO BE DEVELOPED BY THE COMMISSIONER
WHICH STATES THAT THE SCHOOL BOARD, OR THE CHANCELLOR WHERE APPROPRIATE,
HAS ACTED TO APPROVE THE CHARTER APPLICATION. THE DENIAL OF AN  APPLICA-
TION  FOR  A CHARTER SCHOOL BY A SCHOOL BOARD OR CHANCELLOR WHERE APPRO-
PRIATE SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR  THE  DENIAL.
NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, SUCH DENIAL IS
FINAL AND SHALL NOT BE REVIEWABLE IN ANY COURT OR BY ANY  ADMINISTRATIVE
BODY.  A charter entity that receives an application [for approval] of a
charter school WHICH HAS BEEN APPROVED BY A SCHOOL BOARD  OR  CHANCELLOR
shall  act  on each [request] CHARTER SCHOOL APPLICATION received FROM A

S. 1473                             3

SCHOOL BOARD OR CHANCELLOR prior to July first of a calendar year on  or
before  January  first  of  the succeeding calendar year, and a proposed
charter between the applicant and the charter entity resulting from such
application AND SCHOOL BOARD OR CHANCELLOR APPROVAL shall be executed on
or  before  February  first  of  such succeeding year.   Nothing in this
subdivision shall be construed to prevent a charter entity from  receiv-
ing  or acting upon an application at any time PROVIDED THAT SUCH APPLI-
CATION MUST HAVE THE APPROVAL OF THE SCHOOL BOARD, OR  CHANCELLOR  WHERE
APPROPRIATE, WHERE THE CHARTER SCHOOL IS TO BE LOCATED.
  3.  A  charter  entity  is  not  required to approve a charter and may
require an applicant to modify or supplement an application as a  condi-
tion  of  approval.    ANY  MODIFICATION  OR  SUPPLEMENT  SHALL FIRST BE
APPROVED BY THE SCHOOL BOARD, OR CHANCELLOR WHERE APPROPRIATE, BEFORE  A
CHARTER  ENTITY  MAY  ACT ON THE CHARTER SCHOOL APPLICATION. An existing
private school shall not be eligible to convert to a charter school.  In
determining  whether an application involves the conversion of an exist-
ing private school, the charter entity and the board  of  regents  shall
consider  such factors as: (a) whether the charter school would have the
same or substantially the same board of trustees and/or officers  as  an
existing private school; (b) whether a substantial proportion of employ-
ees  of  the  charter  school  would be drawn from such existing private
school; (c) whether a substantial portion of the assets and property  of
such existing private school would be transferred to the charter school;
(d) whether the charter school would be located at the same site as such
existing  private  school;  (e)  upon renewal only, whether such private
school closed within one year of establishment of  the  charter  school;
and  (f) upon renewal only, whether a substantial portion of the charter
school's students were drawn from such existing private school.
  7. (a) A revision of a charter shall be made only upon the approval of
the SCHOOL BOARD OF THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL  IS  TO
BE  LOCATED, OR THE CHANCELLOR WHERE APPROPRIATE, charter entity and the
board of regents in  accordance  with  the  provisions  of  subdivisions
five-a and five-b of this section.
  (b)  When a revision of a charter involves the relocation of a charter
school to a different school district, the proposed new school  district
shall  be  given  at  least forty-five days notice of the proposed relo-
cation. In addition, the applicant shall  provide  an  analysis  of  the
community  support for such relocation and of the projected programmatic
and fiscal impact of the charter  school  on  the  proposed  new  school
district of location and other public and nonpublic schools in the area.
  S  4.  Subdivision 2 of section 2853 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
  2. The board of regents, THE SCHOOL BOARD OF THE SCHOOL DISTRICT WHERE
THE CHARTER SCHOOL IS TO BE LOCATED, and charter  entity  shall  oversee
each  school  approved  by  such entity, and may visit, examine into and
inspect any charter school, including the records of such school,  under
its  oversight.  Oversight  by a charter entity and the board of regents
shall be sufficient to ensure that the charter school is  in  compliance
with all applicable laws, regulations and charter provisions.
  S 5. This act shall take effect immediately.

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