NY State Senate Bill 2017-S6567

Senate Bill S6567

2017-2018 Legislative Session

Relates to the surrender, revocation or termination of a charter and requirements for teaching staff of charter schools

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education returned to senate died in assembly
Jun 13, 2017	referred to education delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1506
Jun 04, 2017	referred to rules

Votes

- Jun 13, 2017 - Floor Vote
  S6567
  
  37
  
  Aye
  
  25
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (37)
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (25)
      
      Addabbo Jr.
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      Latimer
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      absent (1)
      
      Diaz
  Jun 5, 2017 - Rules Committee Vote
  S6567
  
  14
  
  Aye
  
  8
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (14)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Valesky
      
      nay (8)
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Squadron
      
      Stewart-Cousins
      
      aye wr (2)
      
      Carlucci
      
      Savino
      
      excused (1)
      
      Parker

co-Sponsors

2017-S6567 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2852, 2854 & 2851, Ed L; amd §17, Chap 345 of 2009; amd §34, Chap 91 of 2002

2017-S6567 (ACTIVE) - Summary

Relates to the surrender, revocation or termination of a charter and requirements for teaching staff of charter schools.

2017-S6567 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6567

 TITLE OF BILL :  An act to amend the education law, in relation to
the surrender, revocation or termination of a charter and requirements
for teaching staff of charter schools; to amend chapter 345 of the
laws of 2009 amending the education law and other laws relating to the
reorganization of the New York city board of education, chancellor,
community councils and community superintendents, in relation to
extending the expiration and repeal date of certain provisions
thereof; and to amend chapter 91 of the laws of 2002, amending the
education law and other laws relating to reorganization of the New
York city school construction authority, board of education and
community boards, in relation to extending the expiration and repeal
date of certain provisions thereof

 PURPOSE :

This bill establishes a one-year extension of mayoral control of New
York City schools, and creates additional procedures to ensure charter
schools have flexibility in staffing schools with qualified teachers
and operating within the statutory cap on the number of charter
schools authorized in New York State.

 SUMMARY OF PROVISIONS :

Section 1 allows up to 40% of the remaining amount of charter schools

under the statewide cap to be opened in New York City, and returns
charters that were previously granted but not currently being used to
the pool of available charters.

Section 2 allows charter schools with teacher training programs to
employ teachers for a period of three years, after which time they
must obtain certification to continue employment.

Section 3 provides a one year extension for the ability for a charter
school to switch the authorizing entity for that school.

Section 4 relates to mayoral control of the New York City school
system and provides a one year extender to June 30, 2018.

Section 5 relates to the New York City school system's board of
education and community board governance system in Education Law
Article 52-A and provides a one year extender to June 30, 2018.

Section 6 contains the effective date.

 JUSTIFICATION :

The current system of mayoral control in New York City is set to
expire June 30, 2017. Extending mayoral control for one year will
ensure continuity of the existing structure, but also allow the
Legislature to re-examine the issue of extending mayoral control after
continued progress and transparency in management has been
demonstrated.

Charter schools help to provide quality access to education, not only
in New York City, but in areas across the State. Adding flexibility in
how many charters can operate under the statutory cap on the number of
charters will increase access to charter schools, which are held
accountable by the charter renewal process, and will allow students
the opportunity to attend some of the most successful and highest
achieving schools in the State.

Allowing charter schools with teacher training programs to employ
teachers for a period of three years, after which time those teachers
must obtain certification to continue employment, creates a training
ground for a larger pool of teachers who have substantive experience
in charter school classrooms. Such teachers will ensure students have
opportunities to thrive by being educated by instructors who have
honed their craft with practical teaching experiences.

By allowing charters in New York City to use up to 40% of the
remaining schools under the statutory cap on the number of charter
schools, students can have an opportunity to attend a school of their
choice, and not be limited in their options by waiting lists at either
traditional public schools or charter schools.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S6567 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6567
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to the surrender, revoca-
   tion or termination of a charter and requirements for  teaching  staff
   of  charter schools; to amend chapter 345 of the laws of 2009 amending
   the education law and other laws relating to the reorganization of the
   New York city board of education, chancellor, community  councils  and
   community superintendents, in relation to extending the expiration and
   repeal  date of certain provisions thereof; and to amend chapter 91 of
   the laws of 2002, amending the education law and other  laws  relating
   to  reorganization of the New York city school construction authority,
   board of education and community boards, in relation to extending  the
   expiration and repeal date of certain provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 9 of section 2852 of  the  education  law,  as
 amended by section 2 of subpart A of part B of chapter 20 of the laws of
 2015, is amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of this section[. Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more]; PROVIDED THAT A CITY OF ONE MILLION OR MORE SHALL  RECEIVE  NO
 MORE  THAN  FORTY  PERCENT  OF  THE REMAINING CHARTERS AVAILABLE IN EACH
 YEAR. The failure of any body to issue the regulations authorized pursu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13013-05-7

 S. 6567                             2
 
 ant to this article shall not affect the authority of a  charter  entity
 to  propose  a  charter to the board of regents or the board of regents'
 authority to grant such charter. A  conversion  of  an  existing  public
 school  to  a  charter  school, or the renewal or extension of a charter
 approved by any charter entity, shall not be counted toward  the  numer-
 ical limits established by this subdivision.
   (A-1)  A CHARTER SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
 TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY  ACTION  OF
 ITS  CHARTER  ENTITY,  SHALL  NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
 ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL  BE  RETURNED  TO  THE
 POOL  IT  WAS ORIGINALLY ISSUED FROM AND MAY BE REISSUED BY THE BOARD OF
 REGENTS EITHER UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS  OR  ON
 THE  RECOMMENDATION  OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF
 NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE  WITH  SUBDIVI-
 SION NINE-A OF THIS SECTION.
   (b)  A charter that has been surrendered, revoked or terminated [on or
 before July first, two thousand fifteen], including a charter  that  has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant  to paragraph (a) of this subdivision by the board of regents either
 upon application directly to the board of regents or on the  recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant  to  a  competitive process in accordance with subdivision nine-a of
 this section. Provided that such reissuance shall not be counted  toward
 the  statewide  numerical  limit  established  by this subdivision[, and
 provided further that no more than twenty-two charters may  be  reissued
 pursuant to this paragraph].
   (c)  For  purposes  of determining the total number of charters issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter  authorized  to  be issued by chapter fifty-seven of the laws of
 two thousand seven effective July first, two thousand  seven,  and  that
 remains  unissued  as of July first, two thousand fifteen, may be issued
 pursuant to the provisions of law applicable to a charter authorized  to
 be  issued  by such chapter in effect as of June fifteenth, two thousand
 fifteen[; provided however that  nothing  in  this  paragraph  shall  be
 construed  to increase the numerical limit applicable to a city having a
 population of one million or more as provided in paragraph (a)  of  this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   § 2. Paragraph (a-1) of subdivision 3 of section 2854 of the education
 law, as amended by section 1 of subpart A of part B of chapter 20 of the
 laws of 2015, is amended to read as follows:
   (a-1)  The  board  of  trustees  of  a charter school shall employ and
 contract  with  necessary  teachers,  administrators  and  other  school
 personnel.  Such  teachers  shall  be  certified  in accordance with the
 requirements applicable to other public schools; provided, however, that
 TEACHERS EMPLOYED BY A HIGH PERFORMING  PUBLIC  CHARTER  SCHOOL  WITH  A
 RIGOROUS  TEACHER  TRAINING  PROGRAM  WILL  HAVE THREE SCHOOL YEARS FROM
 THEIR EMPLOYMENT START  DATE  BEFORE  THEY  MUST  SATISFY  CERTIFICATION
 REQUIREMENTS;  PROVIDED  FURTHER  THAT  a  charter  school may employ as
 teachers (i) uncertified teachers with at least three years of elementa-
 ry, middle or secondary classroom teaching experience; (ii)  tenured  or
 tenure track college faculty; (iii) individuals with two years of satis-
 factory experience through the Teach for America program; and (iv) indi-
 viduals   who  possess  exceptional  business,  professional,  artistic,

 S. 6567                             3
 
 athletic, or military experience, provided, however, that such  teachers
 described  in clauses (i), (ii), (iii), and (iv) of this paragraph shall
 not in total comprise more than the sum of: (A) thirty per centum of the
 teaching  staff  of  a  charter  school,  or five teachers, whichever is
 [less] GREATER; plus (B) five teachers of mathematics, science, computer
 science, technology, or career and technical education;  plus  (C)  five
 additional  teachers.  A  teacher certified or otherwise approved by the
 commissioner shall not be included in the numerical  limits  established
 by the preceding sentence.
   §  3.  Subdivision 5 of section 2851 of the education law, as added by
 section 2 of part P of chapter 73 of the laws of  2016,  is  amended  to
 read as follows:
   5.  Notwithstanding  any  provision  of law, rule or regulation to the
 contrary for a period of [one year] TWO YEARS from the effective date of
 this subdivision, a charter school approved by a charter  entity  listed
 in  subdivision  three of this section may apply at any time during this
 period to another charter entity, defined in paragraph (a), (b)  or  (c)
 of subdivision three of this section to request such other charter enti-
 ty  to  oversee  and  supervise  such  charter school. All standards and
 requirements established in the original charter agreement shall  remain
 in  effect  until the scheduled expiration of such charter agreement and
 provided however that all obligations of the previous charter entity  to
 oversee and supervise a charter school shall terminate upon the transfer
 of  authorization  of  such  charter  school to a new charter entity, as
 defined in subdivision five of section twenty-eight hundred fifty-two of
 this article, and the previous charter entity shall provide in a  timely
 fashion  information  relevant to the charter as requested by such other
 charter entity. A charter school that seeks to change its charter entity
 must have met all other requirements of this article and  cannot  be  in
 violation  of  any  legal requirement, in probationary status, or slated
 for closure.
   § 4. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
 amending the education law and other laws relating to the reorganization
 of  the New York city board of education, chancellor, community councils
 and community superintendents, as amended by section  2  of  part  O  of
 chapter 73 of the laws of 2016, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
 and be deemed repealed June 30, [2017] 2018.
   § 5. Section 34 of chapter 91 of the laws of 2002, amending the educa-
 tion  law and other laws relating to reorganization of the New York city
 school construction authority, board of education and community  boards,
 as  amended by section 1 of part O of chapter 73 of the laws of 2016, is
 amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one through twenty, twenty-four, and twenty-six through thirty  of  this
 act  shall  expire and be deemed repealed June 30, [2017] 2018 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2017] 2018 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 2 of section

 S. 6567                             4
 
 2590-b of the education law as repealed by section seven  of  this  act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
 section  thirty  of  this  act  shall  be  revived  and  be read as such
 provisions existed in law on the date immediately preceding  the  effec-
 tive  date of this act; provided, however, that sections seven and eight
 of this act shall take effect on November  30,  2003;  provided  further
 that  the  amendments to subdivision 25 of section 2554 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   § 6. This act shall take effect immediately.

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Senate Bill S6567

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Sponsored By

John J. Flanagan