S T A T E O F N E W Y O R K
________________________________________________________________________
3289--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
Introduced by M. of A. BICHOTTE, ABINANTI, COOK, DINOWITZ, GALEF, GOTT-
FRIED, M. G. MILLER, SIMON, JAFFEE, OTIS, McDONOUGH, HYNDMAN, LIFTON
-- Multi-Sponsored by -- M. of A. GLICK, RAIA, RAMOS, THIELE -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to the enrollment of
students at charter schools, the suspension of students at charter
schools and the administration of charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (h) and (j) of subdivision 2 of section 2851 of
the education law, as added by chapter 4 of the laws of 1998, are
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 TITLE.
(j) (I) Information regarding the facilities to be used by the school,
including the location of the school, if known, and the means by which
pupils will be transported to and from the school. If the facilities to
be used by the proposed school are not known at the time the application
is submitted, the applicant shall notify the charter entity and, if
applicable, the board of regents within ten business days of acquiring
facilities for such school; provided, however, that the charter school
must obtain a certificate of occupancy for such facilities prior to the
date on which instruction is to commence at the school.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07370-05-9
A. 3289--A 2
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, AN APPLICANT TO ESTABLISH A CHARTER SCHOOL TO BE LOCATED IN NEW
YORK CITY SHALL INCLUDE THE SPECIFIC COMMUNITY SCHOOL DISTRICT SUCH
PROPOSED CHARTER SCHOOL WILL BE LOCATED WITHIN AND WHETHER SUCH APPLI-
CANT WILL REQUEST CO-LOCATION OR PRIVATE SPACE FOR THE FACILITIES TO BE
USED BY THE SCHOOL. IF THE APPLICATION IS APPROVED, SUCH CHARTER SCHOOL
SHALL NOT BE LOCATED WITHIN ANY COMMUNITY SCHOOL DISTRICT OTHER THAN
SUCH DISTRICT PROVIDED ON SUCH APPLICATION.
§ 2. Paragraph (c) of subdivision 4 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended and a new
paragraph (f) is added to read as follows:
(c) Copies of each of the annual reports of the charter school
required by [subdivision] SUBDIVISIONS two AND SIX of section twenty-
eight hundred fifty-seven of this article, including the charter school
report cards and the certified financial statements.
(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.
§ 3. Section 2851 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. 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;
(C) MATERIALLY FURTHER THE PURPOSES SET FORTH IN SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED FIFTY OF THIS ARTICLE; OR
(D) MAINTAIN ENROLLMENT, SUSPENSION AND ATTRITION RATES OF EITHER ALL
STUDENTS OR SPECIFICALLY STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, ARE
ELIGIBLE FOR THE FREE OR REDUCED PRICE LUNCH PROGRAM OR ARE STUDENTS
WITH DISABILITIES, AS REPORTED PURSUANT TO SUBDIVISION SIX OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, WHICH ARE WITHIN FIVE
PERCENT OF SUCH RATES FOR THE SCHOOL DISTRICT IN WHICH SUCH CHARTER
SCHOOL IS LOCATED. FOR THE PURPOSES OF A CHARTER SCHOOL LOCATED WITHIN A
CITY WITH A POPULATION OF ONE MILLION OR MORE THE SCHOOL DISTRICT USED
FOR COMPARISON SHALL BE THE COMMUNITY SCHOOL DISTRICT IN WHICH SUCH
CHARTER SCHOOL IS LOCATED; OR
(E) PASS AN AUDIT, CARRIED OUT PURSUANT TO SUBDIVISION SIX OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, WHICH FINDS SUCH CHAR-
TER SCHOOL HAS BEEN ENCOURAGING STUDENTS TO LEAVE OR PUSHING STUDENTS
OUT OF THE SCHOOL FOR ILLEGITIMATE REASONS; OR
(F) TO FOLLOW THE PROVISIONS OF ARTICLES SIX AND SEVEN OF THE PUBLIC
OFFICERS LAW.
§ 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
A. 3289--A 3
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.
§ 5. Section 2854 of the education law is amended by adding three new
subdivisions 4, 5 and 6 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
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) WHERE A STUDENT HAS BEEN SUSPENDED PURSUANT TO THIS SUBDIVISION
AND SUCH STUDENT IS OF COMPULSORY ATTENDANCE AGE, IMMEDIATE STEPS SHALL
BE TAKEN FOR HIS OR HER ATTENDANCE UPON INSTRUCTION AT HOME OR ELSE-
A. 3289--A 4
WHERE. A CHARTER SCHOOL SHALL PROVIDE FULL-TIME ALTERNATIVE INSTRUCTION
FOR THE TIME PERIOD THAT THE STUDENT IS SUSPENDED. THE STUDENT AND THE
PARENTS OR GUARDIANS OF SUCH STUDENT SHALL BE PROVIDED NOTICE OF THE
TIME AND LOCATION OF THE ALTERNATIVE INSTRUCTION.
5. POSTING OF CHARTER AND POLICIES. (A) A CHARTER SCHOOL SHALL POST
ITS CHARTER, INCLUDING ITS DISCIPLINARY POLICIES, CONSPICUOUSLY ON ITS
WEBSITE, AND MAKE SUCH CHARTER AND POLICIES AVAILABLE TO THE PARENTS OR
GUARDIANS OF THE STUDENTS UPON REQUEST FREE OF CHARGE WITHIN FIVE DAYS
OF SUCH REQUEST.
(B) A CHARTER SCHOOL SHALL DEVELOP AND POST CONSPICUOUSLY ON ITS
WEBSITE A CLEAR AND SIMPLE PROCESS FOR PARENTS OR GUARDIANS OF STUDENTS
TO FILE COMPLAINTS AND APPEALS. SUCH PROCESS POSTED SHALL INCLUDE AT A
MINIMUM, CONTACT INFORMATION, INCLUDING BUT NOT LIMITED TO AN E-MAIL
ADDRESS, A DESCRIPTION OF HOW TO FILE A COMPLAINT AND/OR APPEAL A
SUSPENSION, AND A SCHEDULE OF DEADLINES FOR RESPONSES BY SUCH CHARTER
SCHOOL TO COMPLAINTS AND APPEALS.
6. PARENT OR GUARDIAN REPRESENTATION. WITHIN THREE YEARS FROM THE
EFFECTIVE DATE OF THIS SUBDIVISION, HALF OF THE MEMBERSHIP OF THE BOARD
OF A CHARTER SCHOOL SHALL BE COMPOSED OF PARENTS OR GUARDIANS OF
STUDENTS ENROLLED AT SUCH CHARTER SCHOOL. SUCH PARENT OR GUARDIAN BOARD
POSITIONS SHALL BE ELECTED DIRECTLY BY THE PARENTS AND GUARDIANS OF
STUDENTS ENROLLED AT SUCH CHARTER SCHOOL. THE COMMISSIONER SHALL PROMUL-
GATE RULES AND REGULATIONS REGARDING THE TIMING AND CONDUCTING OF SUCH
ELECTIONS.
§ 6. Paragraphs (c), (d) and (e) of subdivision 1 of section 2854 of
the education law, paragraph (c) as amended by section 10-b of part A of
chapter 56 of the laws of 2014, and paragraphs (d) and (e) as added by
chapter 4 of the laws of 1998, are 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.
(d) A charter school shall design its educational programs to meet or
exceed the student performance standards adopted by the board of regents
and the student performance standards contained in the charter. Students
attending charter school shall be required to take regents examinations
to the same extent such examinations are required of other public school
students. A CHARTER SCHOOL SHALL UTILIZE THE SAME METHODS AS USED BY
THE SCHOOL DISTRICT SUCH CHARTER SCHOOL IS LOCATED IN TO ENSURE BLIND
SCORING OF THE MANDATED STATE EXAMS, INCLUDING IN NEW YORK CITY, COOPER-
A. 3289--A 5
ATIVE GRADING SITES, AND SHALL ALSO BE SUBJECT TO ANY OTHER METHODS THE
STATE OR DISTRICT MAY USE TO ENSURE INTEGRITY OF RESULTS, INCLUDING, BUT
NOT LIMITED TO, INDEPENDENT MONITORS AND ERASURE ANALYSIS. A charter
school offering instruction in the high school grades may grant regents
diplomas and local diplomas to the same extent as other public schools,
and such other certificates and honors as are specifically authorized by
their charter, and in testimony thereof give suitable certificates,
honors and diplomas under its seal; and every certificate and diploma so
granted shall entitle the conferee to all privileges and immunities
which by usage or statute are allowed for similar diplomas of corre-
sponding grade granted by any other public school. A CHARTER SCHOOL
SHALL BE SUBJECT TO PERFORMANCE 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 PERFORMANCE.
(e) (I) A charter school shall be subject to the provisions of arti-
cles six and seven of the public officers law.
(II) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE BOARD MEETINGS
OF A CHARTER SCHOOL, ITS NETWORKS AND CHARTER MANAGEMENT ORGANIZATION
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFI-
CERS LAW, AND SHALL PUBLICLY POST IN A PROMINENT PLACE ON ITS WEBSITE
THE TIME AND LOCATION OF MEETINGS AT LEAST SEVENTY-TWO HOURS IN ADVANCE.
A CHARTER SCHOOL SHALL ALSO RETAIN A MAILING LIST OF PERSONS WHO REQUEST
NOTIFICATION OF ITS MEETINGS AND SEND SUCH INFORMATION TO THE PERSONS ON
SUCH LIST AT LEAST SEVENTY-TWO HOURS IN ADVANCE OF ANY MEETING.
(III) A CHARTER SCHOOL AND ITS BOARD SHALL KEEP A PUBLIC ARCHIVE OF
ALL SUCH ANNOUNCEMENTS REQUIRED UNDER SUBPARAGRAPH (II) OF THIS PARA-
GRAPH. BOARD MEETING MINUTES SHALL BE POSTED ONLINE AND BE AVAILABLE IN
PRINT UPON REQUEST.
(IV) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY CONTRACT
BETWEEN A CHARTER SCHOOL AND A CHARTER MANAGEMENT ORGANIZATION SHALL BE
SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(V) NO CHARTER SCHOOL SHALL INCLUDE A NON-DISCLOSURE AGREEMENT AS PART
OF A CONTRACT WITH ANY EMPLOYEE EXCEPT IN REGARDS TO SPECIFIC CURRICULAR
PROPRIETARY INFORMATION.
§ 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 and three new paragraphs (f), (g) and (h) are
added 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
A. 3289--A 6
(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-
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[.]; OR
(F) FAILURE TO MAINTAIN ENROLLMENT, SUSPENSION AND ATTRITION RATES OF
EITHER ALL STUDENTS OR SPECIFICALLY STUDENTS WHO ARE ENGLISH LANGUAGE
LEARNERS, ARE ELIGIBLE FOR THE FREE OR REDUCED PRICE LUNCH PROGRAM OR
ARE STUDENTS WITH DISABILITIES, AS REPORTED PURSUANT TO SUBDIVISION SIX
OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, WHICH ARE
WITHIN FIVE PERCENT OF SUCH RATES FOR THE SCHOOL DISTRICT IN WHICH SUCH
CHARTER SCHOOL IS LOCATED. FOR THE PURPOSES OF A CHARTER SCHOOL LOCATED
WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE THE SCHOOL
DISTRICT USED FOR COMPARISON SHALL BE THE COMMUNITY SCHOOL DISTRICT IN
WHICH SUCH CHARTER SCHOOL IS LOCATED; OR
(G) WHEN AN AUDIT, CARRIED OUT PURSUANT TO SUBDIVISION SIX OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE, FINDS SUCH CHARTER
SCHOOL HAS BEEN ENCOURAGING STUDENTS TO LEAVE OR PUSHING STUDENTS OUT OF
THE SCHOOL FOR ILLEGITIMATE REASONS; OR
(H) REPEATED FAILURE TO FOLLOW THE PROVISIONS OF ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
§ 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 and
two new subdivisions 6 and 7 are added 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, AND INCLUDING THE NUMBER OF SUCH STUDENTS WHO WERE
SUSPENDED, DISMISSED, EXPELLED, DROPPED OUT OR WITHDREW OR ARE ENGLISH
LANGUAGE LEARNERS, ARE ELIGIBLE FOR THE FREE OR REDUCED PRICE LUNCH
PROGRAM OR ARE STUDENTS WITH DISABILITIES; 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 TEACH-
ERS AND ADMINISTRATORS 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 administrative 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 information is easily accessible to the community
including making it publicly available by transmitting it to local news-
A. 3289--A 7
papers 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] TWENTY, 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.
6. (A) EACH CHARTER SCHOOL SHALL SUBMIT TO THE DEPARTMENT AN ANNUAL
REPORT ON OR BEFORE THE FIRST DAY OF AUGUST EACH YEAR FOR THE PRECEDING
SCHOOL YEAR. SUCH REPORT SHALL BE IN SUCH FORM AS SHALL BE PRESCRIBED BY
THE COMMISSIONER AND SHALL AT A MINIMUM INCLUDE:
(I) ENROLLMENT, SUSPENSION AND ATTRITION RATES OF ALL STUDENTS,
INCLUDING THE REASONS FOR THE SUSPENSION, DISMISSAL OR WITHDRAWAL.
(II) ENROLLMENT, SUSPENSION AND ATTRITION RATES OF STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS, ARE ELIGIBLE FOR THE FREE OR REDUCED PRICE
LUNCH PROGRAM OR ARE STUDENTS WITH DISABILITIES, INCLUDING THE REASONS
FOR THE SUSPENSION, DISMISSAL OR WITHDRAWAL.
(B) REPORTING OF SUSPENSION RATES AS REQUIRED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL SPECIFY THE NUMBER OF OUT-OF-SCHOOL
SUSPENSIONS AND IN-SCHOOL SUSPENSIONS, AND SHALL INCLUDE BOTH THE TOTAL
NUMBER OF SUSPENSIONS AND THE NUMBER OF INDIVIDUAL STUDENTS WHO RECEIVE
SUSPENSIONS.
(C) NOT LATER THAN DECEMBER THIRTY-FIRST, ANNUALLY, THE COMMISSIONER
SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY AND THE BOARD OF REGENTS CONTAINING
THE INFORMATION RECEIVED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
AND SUCH REPORT SHALL INCLUDE A COMPARISON OF THE RATES REPORTED BY A
CHARTER SCHOOL TO SUCH RATES OF THE SCHOOL DISTRICT IN WHICH SUCH CHAR-
TER SCHOOL IS LOCATED.
(D) NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND
EVERY TWO YEARS THEREAFTER, THE COMPTROLLER SHALL AUDIT THE INFORMATION
REPORTED BY EACH CHARTER SCHOOL PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, PROVIDED, HOWEVER, THAT FOR A CHARTER SCHOOL LOCATED IN NEW YORK
CITY, SUCH AUDIT SHALL BE CARRIED OUT BY THE NEW YORK CITY COMPTROLLER.
A COMPONENT OF SUCH AUDIT SHALL INCLUDE SELECTING A SAMPLE OF STUDENTS
WHO WERE DISMISSED OR WITHDREW FROM SUCH CHARTER SCHOOL AND ASSESS THE
ACCURACY OF THE REPORTED REASONS FOR SUCH DISMISSAL OR WITHDRAWAL.
A. 3289--A 8
7. THE DEPARTMENT SHALL APPOINT AN OMBUDSPERSON WHOSE RESPONSIBILITIES
SHALL BE TO SUPPORT AND ADVISE PARENTS AND GUARDIANS OF CHARTER SCHOOL
STUDENTS WHO HAVE SPECIFIC ISSUES AND COMPLAINTS, AND TO INVESTIGATE AND
RESOLVE SUCH COMPLAINTS. SUCH OMBUDSPERSON SHALL REGULARLY REPORT TO
THE BOARD OF REGENTS THE NUMBER OF COMPLAINTS RECEIVED, THE TYPES OF
COMPLAINTS, AND IF AND HOW SUCH COMPLAINTS WERE RESOLVED.
§ 9. Paragraphs (c) and (d) of subdivision 2 of section 2852 of the
education law, paragraph (c) as amended and paragraph (d) as added by
section 2 of part D-2 of chapter 57 of the laws of 2007, are amended and
a new paragraph (e) is added to read as follows:
(c) granting the application is likely to improve student learning and
achievement and materially further the purposes set out in subdivision
two of section twenty-eight hundred fifty of this article; [and]
(d) in a school district where the total enrollment of resident
students attending charter schools in the base year is greater than five
percent of the total public school enrollment of the school district in
the base year (i) granting the application would have a significant
educational benefit to the students expected to attend the proposed
charter school or (ii) the school district in which the charter school
will be located consents to such application[.]; AND
(E) THE CHARTER SCHOOL DESCRIBED IN THE APPLICATION HAS RECEIVED THE
APPROVAL OF THE LOCAL BOARD OF EDUCATION WHERE SUCH PROPOSED CHARTER
SCHOOL SHALL BE LOCATED PRIOR TO SUBMITTING SUCH APPLICATION, PROVIDED,
HOWEVER, THAT IN THE CASE OF A PROPOSED CHARTER SCHOOL TO BE LOCATED IN
NEW YORK CITY, SUCH APPROVAL SHALL BE FROM THE COMMUNITY EDUCATION COUN-
CIL OF THE DISTRICT IN WHICH SUCH PROPOSED SCHOOL SHALL BE LOCATED.
§ 10. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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.
§ 11. This act shall take effect immediately.