S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3621
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to charter entities;  and
   to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 2851  of  the  education  law,  as
 amended  by  chapter  101  of  the  laws  of 2010, is amended to read as
 follows:
   3. An applicant shall submit the application to a charter  entity  for
 approval. For purposes of this article, 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; OR
   (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
 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. Notwithstanding any law, rule or regulation to  the
 contrary,  any  such application for conversion shall be consistent with
 this section but shall not be subject to the process pursuant to  subdi-
 vision nine-a of section twenty-eight hundred fifty-two of this article,
 and  the charter entity shall require that the parents or guardians of a

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02296-01-1
              

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 majority of the students then enrolled in  the  existing  public  school
 vote in favor of converting the school to a charter school.
   § 1-a. Subdivision 5 of section 2851 of the education law is REPEALED.
   §  2.  Paragraph (e) of subdivision 4 of section 2851 of the education
 law, as added by chapter 101 of the laws of 2010, is amended to read  as
 follows:
   (e)  The means by which the charter school will meet or exceed enroll-
 ment and retention targets as prescribed by the board of regents [or the
 board of trustees of the state university of New York,  as  applicable,]
 of  students  with disabilities, English language learners, and students
 who are eligible applicants for the free and reduced price lunch program
 which shall be considered by the charter entity prior to approving  such
 charter  school's application for renewal. When developing such targets,
 the board of regents [and the board of trustees of the state  university
 of  New York] shall ensure (1) that such enrollment targets are compara-
 ble to the enrollment figures of such categories of  students  attending
 the  public  schools  within  the  school  district, or in a city school
 district in a city having a population of one million or  more  inhabit-
 ants,  the  community  school  district,  in which the charter school is
 located; and (2) that such retention targets are comparable to the  rate
 of retention of such categories of students attending the public schools
 within  the  school  district,  or  in  a city school district in a city
 having a population of one million or more  inhabitants,  the  community
 school district, in which the proposed charter school would be located.
   § 3. Subdivision 5-b of section 2852 of the education law, as added by
 chapter 4 of the laws of 1998, is amended to read as follows:
   5-b. If the board of regents returns a proposed charter to the charter
 entity pursuant to the provisions of subdivision five-a of this section,
 such  charter  entity shall reconsider the proposed charter, taking into
 consideration the comments and recommendation of the board  of  regents.
 Thereafter,  the  charter  entity shall resubmit the proposed charter to
 the board of regents with modifications,  provided  that  the  applicant
 consents in writing to such modifications, resubmit the proposed charter
 to  the  board of regents without modifications, or abandon the proposed
 charter. The  board  of  regents  shall  review  each  such  resubmitted
 proposed charter in accordance with the provisions of subdivision five-a
 of  this  section[;  provided, however, that it shall be the duty of the
 board of regents to approve and issue a proposed charter resubmitted  by
 the  charter  entity  described in paragraph (b) of subdivision three of
 section twenty-eight hundred fifty-one of  this  article  within  thirty
 days of the resubmission of such proposed charter or such proposed char-
 ter  shall be deemed approved and issued at the expiration of such peri-
 od].
   § 4. 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

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 or more. The failure of any body to  issue  the  regulations  authorized
 pursuant  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
 numerical limits established by this subdivision.
   (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]
 pursuant 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 reis-
 sued 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]  A  chapter [in effect as of June fifteenth, two
 thousand fifteen] OF THE LAWS OF TWO THOUSAND  TWENTY-ONE  THAT  AMENDED
 THIS  SECTION;  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.
   § 5. Subdivision 9-a 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-a. (a) The board of regents is hereby  authorized  and  directed  to
 issue  four  hundred sixty charters statewide upon [either] applications
 submitted directly to the board of regents [or upon  the  recommendation
 of  the  board of trustees of the state university of New York] pursuant
 to a competitive request for proposals process.
   The board of regents shall make a determination  to  issue  a  charter
 pursuant  to a request for proposals no later than December thirty-first
 of each year.
   (b) The board of regents [and the  board  of  trustees  of  the  state
 university  of New York] shall [each] develop such request for proposals
 in a manner that facilitates  a  thoughtful  review  of  charter  school
 applications, considers the demand for charter schools by the community,
 and  seeks  to locate charter schools in a region or regions where there
 may be a lack of  alternatives  and  access  to  charter  schools  would
 provide  new  alternatives within the local public education system that
 would offer the greatest educational benefit to  students.  Applications
 shall  be  evaluated  in  accordance  with  the  criteria and objectives
 contained within a request for proposals. The board of regents [and  the
 board of trustees of the state university of New York] shall not consid-

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 er  any  applications which do not rigorously demonstrate that they have
 met the following criteria:
   (i)  that  the proposed charter school would meet or exceed enrollment
 and retention targets, as prescribed by the board  of  regents  [or  the
 board  of  trustees of the state university of New York, as applicable,]
 of students with disabilities, English language learners,  and  students
 who  are  eligible  applicants  for  the  free  and  reduced price lunch
 program. When developing such targets, the board  of  regents  [and  the
 board of trustees of the state university of New York,] shall ensure (1)
 that such enrollment targets are comparable to the enrollment figures of
 such  categories  of  students  attending  the public schools within the
 school district, or in a city school district in a city having  a  popu-
 lation  of  one  million  or  more  inhabitants,  the  community  school
 district, in which the proposed charter school would be located; and (2)
 that such retention targets are comparable to the rate of  retention  of
 such  categories  of  students  attending  the public schools within the
 school district, or in a city school district in a city having  a  popu-
 lation  of  one  million  or  more  inhabitants,  the  community  school
 district, in which the proposed charter school would be located; and
   (ii) that the applicant has conducted public outreach,  in  conformity
 with  a  thorough and meaningful public review process prescribed by the
 board of regents [and the board of trustees of the state  university  of
 New  York,]  to  solicit  community input regarding the proposed charter
 school and to address comments  received  from  the  impacted  community
 concerning the educational and programmatic needs of students.
   (c)  The  board  of  regents  [and  the board of trustees of the state
 university of New York] shall grant priority based on a  scoring  rubric
 to  those  applications  that best demonstrate how they will achieve the
 following objectives, and any additional objectives the board of regents
 [and the board of trustees of the state university  of  New  York,]  may
 prescribe:
   (i)  increasing student achievement and decreasing student achievement
 gaps in reading/language arts and mathematics;
   (ii) increasing high school graduation rates and focusing  on  serving
 specific  high school student populations including, but not limited to,
 students at risk of not obtaining a  high  school  diploma,  re-enrolled
 high  school  drop-outs,  and  students with academic skills below grade
 level;
   (iii) focusing on the academic achievement of middle  school  students
 and preparing them for a successful transition to high school;
   (iv)   utilizing   high-quality  assessments  designed  to  measure  a
 student's knowledge, understanding of, and ability  to  apply,  critical
 concepts through the use of a variety of item types and formats;
   (v)  increasing  the  acquisition, adoption, and use of local instruc-
 tional improvement systems that provide teachers, principals, and admin-
 istrators with the information and resources they  need  to  inform  and
 improve  their  instructional  practices,  decision-making,  and overall
 effectiveness;
   (vi) partnering with low performing public  schools  in  the  area  to
 share best educational practices and innovations;
   (vii) demonstrating the management and leadership techniques necessary
 to  overcome  initial  start-up problems to establish a thriving, finan-
 cially viable charter school;
   (viii) demonstrating the support of the school district in  which  the
 proposed  charter  school will be located and the intent to establish an
 ongoing relationship with such school district.

 A. 3621                             5
 
   (d) [No later than November first,  two  thousand  ten,  and  of  each
 succeeding  year,  after a thorough review of applications received, the
 board of trustees of the state university of New  York  shall  recommend
 for  approval to the board of regents the qualified applications that it
 has  determined rigorously demonstrate the criteria and best satisfy the
 objectives contained within a request for proposals, along with support-
 ing documentation outlining such determination.
   (e)] Upon receipt of a proposed charter to be issued pursuant to  this
 subdivision  submitted by a charter entity, the board of regents [or the
 board of trustees of the state university of New  York,]  shall  review,
 recommend and issue, as applicable, such charters in accordance with the
 standards established in this subdivision.
   [(f)]  (E) The board of regents shall be the only entity authorized to
 issue a charter pursuant to this article. The  board  of  regents  shall
 consider  applications  submitted  directly to the board of regents [and
 applications recommended by the board of trustees of the state universi-
 ty of New York]. Provided, however, that all such  recommended  applica-
 tions  shall be deemed approved and issued pursuant to the provisions of
 subdivisions five, five-a and five-b of this section.
   [(g)] (F) Each application submitted in  response  to  a  request  for
 proposals  pursuant  to this subdivision shall also meet the application
 requirements set out in this article  and  any  other  applicable  laws,
 rules and regulations.
   [(h)]  (G)  During the development of a request for proposals pursuant
 to this subdivision the board of regents [and the board of  trustees  of
 the  state  university  of  New  York] shall [each] afford the public an
 opportunity to  submit  comments  and  shall  review  and  consider  the
 comments raised by all interested parties.
   §  6. Subdivision 10 of section 2852 of the education law, as added by
 section 3 of part D-2 of chapter 57 of the laws of 2007, is  amended  to
 read as follows:
   10. Except in the case of a charter school formed by a school district
 as  a  charter  entity pursuant to paragraph (a) of subdivision three of
 section twenty-eight hundred fifty-one of this article, a charter school
 formed by approval of the regents [or by operation of law] on  or  after
 March  fifteenth in any school year shall not commence instruction until
 July of the second school year next following.
   § 7. Subdivision 2-a of section 2853 of the education law, as added by
 chapter 4 of the laws of 1998, is amended to read as follows:
   2-a. For schools approved by an entity described in paragraph (b)  [or
 (c)]  of  subdivision three of section twenty-eight hundred fifty-one of
 this article, the school district in which the charter school is located
 shall have the right to visit, examine into,  and  inspect  the  charter
 school for the purpose of ensuring that the school is in compliance with
 all applicable laws, regulations and charter provisions. Any evidence of
 non-compliance  may be forwarded by such school district to the board of
 regents [and the charter entity] for action pursuant to section  twenty-
 eight hundred fifty-five of this article.
   §  8.  Paragraph (e) of subdivision 1 of section 2855 of the education
 law, as added by chapter 101 of the laws of 2010, is amended to read  as
 follows:
   (e)  Repeated failure to comply with the requirement to meet or exceed
 enrollment and retention targets of students with disabilities,  English
 language learners, and students who are eligible applicants 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

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 New York, as applicable]. Provided, however, if no grounds for terminat-
 ing a charter are established pursuant to this section other than pursu-
 ant  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 communities,  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.
   § 9. Paragraph (d) of subdivision 2 of section 2857 of  the  education
 law,  as added by chapter 101 of the laws of 2010, is amended to read as
 follows:
   (d) efforts taken by the charter school in the existing  school  year,
 and  a  plan  for  efforts to be taken in the succeeding school year, to
 meet or exceed enrollment and retention targets  set  by  the  board  of
 regents  [or  the board of trustees of the state university of New York,
 as applicable,] of students with disabilities,  English  language  lear-
 ners,  and students who are eligible applicants for the free and reduced
 price lunch program established pursuant to paragraph (e) of subdivision
 four of section twenty-eight hundred fifty-one of this article.
   § 10. Subdivision 2-a of section 355 of the education law is REPEALED.
   § 11. Nothing in this act shall revoke or terminate any charters  that
 have been authorized by the board of trustees of the state university of
 New  York prior to the effective date of this act unless cause for revo-
 cation or termination is warranted  pursuant  to  section  2855  of  the
 education  law  and  provided further, that all applications for charter
 renewals after the effective date of this act shall be approved  by  the
 board of regents.
   §  12. All obligations to oversee and supervise charters authorized by
 the trustees of the state university of New York prior to the  effective
 date  of  this  act  shall be transferred to the board of regents on the
 effective date of this act.
   § 13. This act shall take effect immediately.