S T A T E   O F   N E W   Y O R K
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                                  10304

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by  M.  of A. BRENNAN, ABINANTI, BRINDISI, DINOWITZ, DUPREY,
  GALEF, GOTTFRIED, MILLER, MURRAY, SIMON -- Multi-Sponsored by -- M. of
  A. RAIA, RAMOS, SCHIMEL, THIELE --  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:

  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

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

                                                           LBD14699-03-6

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  (C) MATERIALLY FURTHER THE PURPOSES SET FORTH IN  SUBDIVISION  TWO  OF
SECTION TWENTY-EIGHT HUNDRED FIFTY OF THIS ARTICLE.
  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-

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SION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAPTER,  THE
REGULATIONS   OF  THE  COMMISSIONER  IMPLEMENTING  SUCH  PARAGRAPH,  AND
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

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that it has made extensive efforts to recruit and retain such  students,
including  outreach  to parents and families in the surrounding communi-
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

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REPORT SUCH ABSENCE OR LACK OF BEST PRACTICES  IN  THE  REPORT  REQUIRED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  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.