NY State Senate Bill 2015-S7703

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to education

co-Sponsors

2015-S7703 (ACTIVE) - Details

See Assembly Version of this Bill:: A10304
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2851, 2854, 2855 & 2857, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3791
2019-2020: A3289
2021-2022: A3598
2023-2024: A3904

2015-S7703 (ACTIVE) - Summary

Relates to the establishment, organization, and administration of charter schools.

2015-S7703 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7703

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To increase transparency and accountability of charter schools
operating in this State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one would require charter schools to discipline their students
consistent with the disciplinary procedures applicable to public
school students, and to include a code of conduct with their
application.

Section two would require any renewal application to include an audit
report on whether the charter school during the term of the charter
complied with all applicable laws, including the not-for-profit
corporation laws.

Section three provides that a charter cannot be renewed for any
charter school that, during the term of the charter, failed to (1)
meet the goals set forth in the application, (2) improve student

achievement, or (3) meet the statutory objectives of a charter school.

Section four would require any student withdrawal to be accompanied by
a written certification that the student withdrew voluntarily without
undue influence by school officials.

Section five sets forth the procedures for suspending a student
enrolled in a charter school. Such procedures are consistent with
those applicable to the suspension of public school students.

Section six would authorize the State Comptroller to audit student
attendance and to recover any payments made to a charter school on
behalf of students who have been dismissed or withdrew from the school
during the school year.

Section seven would authorize the charter entity to revoke the charter
of any school that equals or falls below the level that would allow
the commissioner to revoke the registration of a public school, or
that fails to comply with special education, ELL or free and reduced
price lunch program student targets.

Section eight would add measures to be included in the school report
card of a charter school, including:

*number of openings for new students prior to beginning of the new
school year, by grade;
*number of students who withdrew, dropped out or were dismissed and
the reasons therefor;
*number of teachers and administrators employed at the beginning of
the school year, and their salaries, other compensation or bonuses;
*number of teachers and administrators who left during or at the end
of the school year, and the reasons therefor.

Section eight would also require the commissioner to issue a report by
December 31, 2016 and every two years thereafter, which shall include
withdrawal and dismissal rates of students enrolled in charter
schools; the number of special education, ELL and free and reduced
lunch students enrolled at each school; and the total amount of spent
on administration by each charter school, as compared with public
schools.
Section nine sets forth the severability clause.

Section ten provides that the Act shall take effect immediately.

 JUSTIFICATION :

The original concept of charter schools is that when they are
authorized, they would be given increased autonomy in return for
greater accountability for improving and advancing student
achievement. When the New York State charter school laws were first
enacted in 1998, its statutory purpose was, among other goals, to
improve student learning and achievement, and to increase learning
opportunities for all students, with special emphasis on expanded
learning experiences for students who are at-risk of academic failure.

Almost twenty years later, there remains an on-going debate whether
charter schools in this State are in fact achieving their statutory
goals; in particular, educating and retaining ELL students, students
with disabilities, and students from under-served families, the very
students that charter schools were created to serve. There is also a
growing concern that charter schools routinely suspend or expel low
performing students, or pressure them to withdraw from the school.

Despite repeated inquiry and requests, charter schools have not been
forthcoming in providing the necessary data to determine the accuracy
of these criticisms. Any form of accountability relies on transparency
and the communication of accurate, relevant information.

This bill would, among other things:

1. increase the reporting requirements of charter schools and the
commissioner of Education;

2. require charter schools to adhere to the same disciplinary rules
and procedures as those imposed on public schools; and

3. clarify that charter schools that do not meet their statutory and
contractual goals should not have their charters renewed.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
Immediately

2015-S7703 (ACTIVE) - Bill Text download pdf

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

                                  7703

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced by Sens. MONTGOMERY, PERKINS -- read twice and ordered print-
  ed, and when printed to be committed 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:

  Section 1. Paragraph (h) of subdivision  2  of  section  2851  of  the
education  law, as added by chapter 4 of the laws of 1998, is amended to
read as follows:
  (h) The rules and procedures by which  students  may  be  disciplined,
including  but  not  limited to expulsion or suspension from the school,
which shall be consistent with the requirements of [due process] SECTION
THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER and with  federal  laws  and
regulations  governing  the placement of students with disabilities, AND
PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-FOUR
OF  THIS  ARTICLE.  THE APPLICATION SHALL ALSO INCLUDE A CODE OF CONDUCT
CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
  S 2. Subdivision 4 of section 2851 of the education law is amended  by
adding a new paragraph (f) to read as follows:
  (F) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWEN-
TY-EIGHT  HUNDRED  FIFTY-THREE  OF  THIS  ARTICLE, AN AUDIT REPORT BY AN
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR INDEPENDENT PUBLIC ACCOUNTANT
ON THE OPERATIONS OF THE CHARTER SCHOOL, INCLUDING COMPLIANCE  WITH  THE
APPLICABLE PROVISIONS OF THIS CHAPTER AND THE NOT-FOR-PROFIT CORPORATION
LAW,  AND  WITH  ALL  OTHER  APPLICABLE  LAWS,  REGULATIONS  AND CHARTER
PROVISIONS.
  S 3. Section 2851 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
NO CHARTER SHALL BE RENEWED IF THE CHARTER SCHOOL HAS FAILED TO:
  (A)  MEET  THE  STUDENT  ACHIEVEMENT  GOALS FOR THE SCHOOL EDUCATIONAL
PROGRAM, AS REQUIRED IN THE APPLICATION;
  (B) IMPROVE STUDENT LEARNING AND ACHIEVEMENT; OR
  (C) MATERIALLY FURTHER THE PURPOSES SET FORTH IN  SUBDIVISION  TWO  OF
SECTION TWENTY-EIGHT HUNDRED FIFTY OF THIS ARTICLE.

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

                                                           LBD14699-03-6

S. 7703                             2

  S  4.  Paragraph (d) of subdivision 2 of section 2854 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (d)  A student may withdraw from a charter school at any time PURSUANT
TO A WRITTEN FORM CREATED BY THE DEPARTMENT IN WHICH THE PARENT OR LEGAL
GUARDIAN OF THE STUDENT CERTIFIES THAT THE PARENT OR LEGAL  GUARDIAN  IS
WILLINGLY  AND KNOWINGLY WITHDRAWING THE STUDENT FROM THE CHARTER SCHOOL
WITHOUT ANY UNDUE PRESSURE OR INFLUENCE BY ANY OWNER OR EMPLOYEE OF  THE
CHARTER  SCHOOL,  and  enroll  in  a public school. A charter school may
refuse admission to any student who has been expelled or suspended  from
a  public  school  until  the period of suspension or expulsion from the
public school has expired, consistent with the requirements of due proc-
ess.
  S 5. Section 2854 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  SUSPENSION  OF  A  STUDENT.  (A) A CHARTER SCHOOL SHALL SUSPEND AN
ENROLLED STUDENT PURSUANT TO SUBDIVISIONS TWO-A  AND  THREE  OF  SECTION
THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AND ONLY IN ACCORDANCE WITH
THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
  (B)  THE  PRINCIPAL  OF  THE  CHARTER SCHOOL WHERE THE STUDENT ATTENDS
SHALL HAVE THE POWER TO SUSPEND THE STUDENT FOR A PERIOD NOT  TO  EXCEED
FIVE  SCHOOL  DAYS  PURSUANT  TO THE DUE PROCESS PROCEDURES SET FORTH IN
PARAGRAPH B OF SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED  FOURTEEN
OF THIS CHAPTER.  THE STUDENT OR THE PERSON IN PARENTAL RELATION TO SUCH
STUDENT  MAY  APPEAL THE FINAL DECISION OF THE PRINCIPAL TO THE BOARD OF
TRUSTEES OF THE CHARTER SCHOOL.
  (C)(I) NO STUDENT ENROLLED IN A CHARTER SCHOOL MAY BE SUSPENDED FOR  A
PERIOD  IN EXCESS OF FIVE SCHOOL DAYS UNLESS SUCH STUDENT AND THE PERSON
IN PARENTAL RELATION TO SUCH STUDENT SHALL HAVE HAD AN OPPORTUNITY FOR A
HEARING, UPON REASONABLE NOTICE, AT WHICH SUCH STUDENT  SHALL  HAVE  THE
RIGHT OF REPRESENTATION BY COUNSEL, WITH THE RIGHT TO QUESTION WITNESSES
AGAINST  SUCH STUDENT AND TO PRESENT WITNESSES AND OTHER EVIDENCE ON HIS
OR HER BEHALF.
  (II) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH THIS  PARA-
GRAPH,  THE  CHARTER  SCHOOL  SHALL, WITHIN FIVE DAYS OF THE SUSPENSION,
INFORM THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR, IN THE CITY  SCHOOL
DISTRICT  OF THE CITY OF NEW YORK, OF A COMMUNITY SCHOOL DISTRICT, WHERE
THE CHARTER SCHOOL IS LOCATED SHALL, UPON BEING NOTIFIED OF THE  SUSPEN-
SION, WHO SHALL FORTHWITH DESIGNATE A HEARING OFFICER TO HEAR AND DETER-
MINE THE PROCEEDING. THE HEARING OFFICER SHALL BE AUTHORIZED TO ADMINIS-
TER  OATHS  AND  TO  ISSUE  SUBPOENAS IN CONJUNCTION WITH THE PROCEEDING
BEFORE HIM OR HER. A RECORD OF THE HEARING SHALL BE MAINTAINED,  BUT  NO
STENOGRAPHIC  TRANSCRIPT SHALL BE REQUIRED AND A TAPE RECORDING SHALL BE
DEEMED A SATISFACTORY RECORD. THE HEARING OFFICER SHALL MAKE FINDINGS OF
FACT AND A RECOMMENDATION ON THE APPROPRIATE MEASURE  OF  DISCIPLINE  TO
THE  CHIEF  EXECUTIVE OFFICER OF THE CHARTER SCHOOL. THE CHIEF EXECUTIVE
OFFICER MAY REJECT, CONFIRM OR MODIFY THE  CONCLUSIONS  OF  THE  HEARING
OFFICER. A PARENT MAY APPEAL THE DECISION OF THE CHIEF EXECUTIVE OFFICER
TO THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL.
  (D)  A  STUDENT  WITH  A DISABILITY AS SUCH TERM IS DEFINED IN SECTION
FORTY-FOUR HUNDRED ONE OF THIS CHAPTER OR A STUDENT PRESUMED TO  HAVE  A
DISABILITY FOR DISCIPLINE PURPOSES, MAY BE SUSPENDED OR REMOVED FROM HIS
OR  HER CURRENT EDUCATIONAL PLACEMENT FOR VIOLATION OF SCHOOL RULES ONLY
IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN PARAGRAPH G OF SUBDIVI-
SION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAPTER,  THE
REGULATIONS   OF  THE  COMMISSIONER  IMPLEMENTING  SUCH  PARAGRAPH,  AND

S. 7703                             3

SUBSECTION (K) OF SECTION 1415 OF TITLE 20 OF THE UNITED STATES CODE AND
THE FEDERAL REGULATIONS IMPLEMENTING SUCH STATUTE, AS SUCH  FEDERAL  LAW
AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
  (E) ANY TEACHER SHALL HAVE THE POWER AND AUTHORITY TO REMOVE A DISRUP-
TIVE STUDENT PURSUANT TO THE PROCEDURES SET FORTH IN SUBDIVISION THREE-A
OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  (F)  PROCEDURE  AFTER  SUSPENSION.  WHERE A STUDENT HAS BEEN SUSPENDED
PURSUANT TO THIS SUBDIVISION AND SUCH STUDENT IS OF  COMPULSORY  ATTEND-
ANCE  AGE, IMMEDIATE STEPS SHALL BE TAKEN FOR HIS OR HER ATTENDANCE UPON
INSTRUCTION AT HOME OR ELSEWHERE.
  S 6. Paragraph (c) of subdivision 1 of section 2854 of  the  education
law,  as  amended by section 10-b of part A of chapter 56 of the laws of
2014, is amended to read as follows:
  (c) A charter school shall be subject to  the  financial  audits,  the
audit  procedures,  and the audit requirements set forth in the charter,
and shall be subject to audits of the comptroller  of  the  city  school
district of the city of New York for charter schools located in New York
city,  and to the audits of the comptroller of the state of New York for
charter schools located in  the  rest  of  the  state,  at  his  or  her
discretion, with respect to the school's financial operations.  ANY SUCH
AUDITS  SHALL  INCLUDE  AN  AUDIT  TO  DETERMINE  WHETHER  THE FINANCING
RECEIVED BY THE CHARTER SCHOOL PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED
FIFTY-SIX  OF  THIS  ARTICLE  IS CONSISTENT WITH THE NUMBER OF QUALIFIED
STUDENTS WHO ARE ELIGIBLE TO ENROLL, AND ARE ACTUALLY ENROLLED  IN  SUCH
CHARTER  SCHOOL, INCLUDING WHETHER SUCH ENROLLED STUDENTS MEET THE RESI-
DENCY REQUIREMENTS FOR ENROLLMENT.  IN THE EVENT OF AN OVERPAYMENT,  THE
OFFICE  OF  THE  STATE  COMPTROLLER  SHALL  BE AUTHORIZED TO RECOVER THE
EXCESS IN PAYMENT BY DEDUCTING FROM ANY STATE FUNDS WHICH BECOME DUE  TO
SUCH CHARTER SCHOOL OR REFER THE MATTER TO THE STATE ATTORNEY GENERAL TO
INITIATE  A CIVIL ACTION AGAINST THE CHARTER SCHOOL TO RECOVER THE OVER-
PAYMENT. Such procedures and standards shall be consistent with general-
ly accepted accounting and audit standards.  Independent  fiscal  audits
shall be required at least once annually.
  S 7. The opening paragraph and paragraphs (a) and (e) of subdivision 1
of  section  2855  of the education law, the opening paragraph and para-
graph (a) as amended and paragraph (e) as added by chapter  101  of  the
laws of 2010, are amended to read as follows:
  The  charter  entity, or the board of regents, [may] SHALL terminate a
charter upon any of the following grounds:
  (a) When a charter school's outcome  on  student  assessment  measures
adopted  by  the  board  of regents EQUALS OR falls below the level that
would allow the commissioner  to  revoke  the  registration  of  another
public  school,  and  student achievement on such measures has not shown
improvement over the preceding three school years;
  (e) [Repeated failure] FAILURE to comply with the requirement to  meet
or  exceed  enrollment  and retention targets of students with disabili-
ties, English language learners, and students who  are  eligible  appli-
cants  for  the free and reduced price lunch program pursuant to targets
established by the board of regents or the  board  of  trustees  of  the
state  university  of New York[, as applicable] PURSUANT TO SUBPARAGRAPH
(I) OF PARAGRAPH (B)  OF  SUBDIVISION  NINE-A  OF  SECTION  TWENTY-EIGHT
HUNDRED FIFTY-TWO OF THIS ARTICLE.  Provided, however, if no grounds for
terminating  a  charter  are  established pursuant to this section other
than pursuant to this paragraph, and  the  charter  school  demonstrates
that  it has made extensive efforts to recruit and retain such students,
including outreach to parents and families in the  surrounding  communi-

S. 7703                             4

ties,  widely  publicizing  the  lottery for such school, and efforts to
academically support such students in  such  charter  school,  then  the
charter entity or board of regents may retain such charter.
  S  8.  Paragraph  (a)  of  subdivision  2, and subdivisions 4 and 5 of
section 2857 of the education law, paragraph (a)  of  subdivision  2  as
amended  and  subdivision 5 as added by chapter 101 of the laws of 2010,
subdivision 4 as added by chapter 4 of the laws of 1998, are amended  to
read as follows:
  (a)  a charter school report card, which shall include measures of the
comparative academic and fiscal performance of the school, as prescribed
by the commissioner in regulations adopted for such purpose. Such  meas-
ures  shall include, but not be limited to, THE TOTAL NUMBER OF OPENINGS
FOR NEW STUDENTS AT THE BEGINNING OF THE  SCHOOL  YEAR,  BY  GRADE;  THE
TOTAL  NUMBER  OF  APPLICANTS FOR EACH SUCH OPENING; THE TOTAL NUMBER OF
STUDENTS ACCEPTED FOR THE SCHOOL YEAR; THE NUMBER OF  STUDENTS  ACCEPTED
FOR  ENROLLMENT  WHO ARE ENGLISH LANGUAGE LEARNERS, ARE ELIGIBLE FOR THE
FREE OR REDUCED PRICE LUNCH PROGRAM OR ARE STUDENTS  WITH  DISABILITIES;
THE  NUMBER  OF  STUDENTS  WHO  WERE DISMISSED, EXPELLED, DROPPED OUT OR
WITHDREW DURING THE SCHOOL YEAR, INCLUDING THE REASONS FOR THE DISMISSAL
OR  WITHDRAWAL;  graduation  rates[,  dropout  rates,];  performance  of
students  on  standardized  tests[,];  college entry rates[,]; THE TOTAL
NUMBER OF TEACHERS AND ADMINISTRATORS EMPLOYED  AT  THE  SCHOOL  AT  THE
BEGINNING  OF THE SCHOOL YEAR AND THE NUMBER OF TEACHERS AND ADMINISTRA-
TORS WHO WERE TERMINATED, DISMISSED OR  RESIGNED  DURING  THE  REPORTING
PERIOD, AND THE REASONS THEREFOR; THE ANNUAL SALARY PAID TO EACH TEACHER
AND ADMINISTRATOR OF THE SCHOOL; AND total spending per pupil and admin-
istrative  spending  per  pupil.   Such measures shall be presented in a
format that is easily comparable to similar public schools. In addition,
the charter school AND THE COMMISSIONER shall ensure that such  informa-
tion  is easily accessible to the community including making it publicly
available by transmitting it to local newspapers of general circulation,
POSTING IT ON THE DEPARTMENT'S  WEBSITE  and  making  it  available  for
distribution at board of trustee meetings.
  4.  The board of regents shall review the educational effectiveness of
the charter school approach authorized by this article and the effect of
charter schools on the public and nonpublic school  systems.  Not  later
than  December thirty-first, two thousand [three] SIXTEEN, AND EVERY TWO
YEARS THEREAFTER, the [board of regents] COMMISSIONER  shall  report  to
the  governor, the temporary president of the senate, the speaker of the
assembly and the  board  of  regents  with  recommendations  to  modify,
expand,  or terminate that approach. Such report shall include, for each
charter school, a copy of the school's mission statement[,];  attendance
statistics;  DISMISSAL, EXPULSION and dropout rates[,]; student perform-
ance on  standardized  assessment  tests[,];  projections  of  financial
stability[,]; THE NUMBER OF STUDENTS WITH DISABILITIES, ENGLISH LANGUAGE
LEARNERS  AND  STUDENTS  WHO ARE ELIGIBLE FOR THE FREE AND REDUCED PRICE
LUNCH PROGRAM; THE TOTAL AMOUNT SPENT FOR ADMINISTRATIVE EXPENSES;  and,
wherever practicable, comparisons to other public schools LOCATED IN THE
SAME  SCHOOL  DISTRICT  OR, IN THE CITY SCHOOL DISTRICT OF NEW YORK, THE
SAME COMMUNITY SCHOOL DISTRICT.
  5. The [board of regents] COMMISSIONER shall on an annual basis review
and make  available  to  school  districts  best  educational  practices
employed  by charter schools.  IF THE COMMISSIONER FAILS TO IDENTIFY ANY
BEST PRACTICES EMPLOYED  BY  CHARTER  SCHOOLS,  THE  COMMISSIONER  SHALL
REPORT  SUCH  ABSENCE  OR  LACK OF BEST PRACTICES IN THE REPORT REQUIRED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.

S. 7703                             5

  S 9. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S 10. This act shall take effect immediately.

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Senate Bill S7703

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2015-S7703 (ACTIVE) - Details

2015-S7703 (ACTIVE) - Summary

2015-S7703 (ACTIVE) - Sponsor Memo

2015-S7703 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7703

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Bill Perkins

2015-S7703 (ACTIVE) - Details

2015-S7703 (ACTIVE) - Summary

2015-S7703 (ACTIVE) - Sponsor Memo

2015-S7703 (ACTIVE) - Bill Text download pdf

Comments