S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3904
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. BICHOTTE HERMELYN, COOK, DINOWITZ, SIMON, OTIS,
   McDONOUGH, HYNDMAN, STECK, LAVINE -- Multi-Sponsored by --  M.  of  A.
   GLICK,  RAMOS,  THIELE  --  read once and referred to the Committee on
   Education
 
 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.
   (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, AN APPLICANT TO ESTABLISH A CHARTER SCHOOL TO BE LOCATED  IN  NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02364-01-3
              

 A. 3904                             2
 
 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;
   (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;
   (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
 refuse  admission to any student who has been expelled or suspended from
 a public school until the period of suspension  or  expulsion  from  the
 A. 3904                             3
 
 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-
 WHERE.  A CHARTER SCHOOL SHALL PROVIDE FULL-TIME ALTERNATIVE INSTRUCTION
 FOR  THE  TIME PERIOD THAT THE STUDENT IS SUSPENDED. THE STUDENT AND THE
 A. 3904                             4

 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-
 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
 A. 3904                             5
 
 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 REGARD TO SPECIFIC  CURRICULAR
 PROPRIETARY INFORMATION.
   § 7. The opening paragraph and paragraphs (a), (d) and (e) of subdivi-
 sion  1  of section 2855 of the education law, the opening paragraph and
 paragraphs (a) and (d) 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;
   (d)  When  the public employment relations board makes a determination
 that the charter school demonstrates a practice and pattern of egregious
 and intentional violations of subdivision one  of  section  two  hundred
 nine-a of the civil service law involving interference with or discrimi-
 nation  against  employee  rights  under  article  fourteen of the civil
 service law; [or]
   (e) [Repeated failure] FAILURE to comply with the requirement to  meet
 or  exceed  enrollment  and retention targets of students with disabili-
 A. 3904                             6
 
 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-
 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[.];
   (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;
   (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
 A. 3904                             7
 
 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-
 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-FOUR, 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-FOUR,
 AND EVERY TWO YEARS THEREAFTER, THE COMPTROLLER SHALL AUDIT THE INFORMA-
 TION REPORTED BY EACH CHARTER SCHOOL PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION, PROVIDED, HOWEVER, THAT FOR A CHARTER SCHOOL LOCATED IN NEW
 YORK  CITY,  SUCH  AUDIT SHALL BE CARRIED OUT BY THE NEW YORK CITY COMP-
 A. 3904                             8
 
 TROLLER.  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  WITH-
 DRAWAL.
   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.