S T A T E O F N E W Y O R K
________________________________________________________________________
4355
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to residency requirements
for charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 2854 of the
education law, as amended by section 3 of subpart A of part B of chapter
20 of the laws of 2015, is amended to read as follows:
(b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter school,
PROVIDED THAT SUCH CHILD LIVES IN THE LOCAL SCHOOL DISTRICT IN WHICH THE
CHARTER SCHOOL IS LOCATED. Applications for admission to a charter
school shall be submitted on a uniform application form created by the
department and shall be made available by a charter school in languages
predominately spoken in the community in which such charter school is
located. The school shall enroll each eligible student who submits a
timely application by the first day of April each year, unless the
number of applications exceeds the capacity of the grade level or build-
ing. In such cases, students shall be accepted from among applicants by
a random selection process, provided, however, that an enrollment pref-
erence shall be provided to pupils returning to the charter school in
the second or any subsequent year of operation and pupils residing in
the school district in which the charter school is located, and siblings
of pupils already enrolled in the charter school. Preference may also be
provided to children of employees of the charter school or charter
management organization, provided that such children of employees may
constitute no more than fifteen percent of the charter school's total
enrollment. The commissioner shall establish regulations to require that
the random selection process conducted pursuant to this paragraph be
performed in a transparent and equitable manner and to require that the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05513-01-3
A. 4355 2
time and place of the random selection process be publicized in a manner
consistent with the requirements of section one hundred four of the
public officers law and be open to the public. For the purposes of this
paragraph and paragraph (a) of this subdivision, the school district in
which the charter school is located shall mean, for the city school
district of the city of New York, the community district in which the
charter school is located.
§ 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.