Bill Text: NY A03791 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the establishment, organization, and administration of charter schools.
Spectrum: Moderate Partisan Bill (Democrat 17-3)
Status: (Introduced - Dead) 2018-01-03 - referred to education [A03791 Detail]
Download: New_York-2017-A03791-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3791 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. BICHOTTE, ABINANTI, BRINDISI, COOK, DINOWITZ, GALEF, GOTTFRIED, M. G. MILLER, MURRAY, SIMON, JAFFEE, OTIS, McDO- NOUGH, HYNDMAN, LIFTON -- Multi-Sponsored by -- M. of A. GLICK, RAIA, RAMOS, THIELE, TITONE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to charter schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (h) of subdivision 2 of section 2851 of the 2 education law, as added by chapter 4 of the laws of 1998, is amended to 3 read as follows: 4 (h) The rules and procedures by which students may be disciplined, 5 including but not limited to expulsion or suspension from the school, 6 which shall be consistent with the requirements of [due process] section 7 thirty-two hundred fourteen of this chapter and with federal laws and 8 regulations governing the placement of students with disabilities, and 9 pursuant to subdivision four of section twenty-eight hundred fifty-four 10 of this article. The application shall also include a code of conduct 11 consistent with section twenty-eight hundred one of this chapter. 12 § 2. Subdivision 4 of section 2851 of the education law is amended by 13 adding a new paragraph (f) to read as follows: 14 (f) Notwithstanding the provisions of subdivision two of section twen- 15 ty-eight hundred fifty-three of this article, an audit report by an 16 independent certified public accountant or independent public accountant 17 on the operations of the charter school, including compliance with the 18 applicable provisions of this chapter and the not-for-profit corporation 19 law, and with all other applicable laws, regulations and charter 20 provisions. 21 § 3. Section 2851 of the education law is amended by adding a new 22 subdivision 6 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01299-01-7A. 3791 2 1 6. Notwithstanding the provisions of subdivision four of this section, 2 no charter shall be renewed if the charter school has failed to: 3 (a) meet the student achievement goals for the school educational 4 program, as required in the application; 5 (b) improve student learning and achievement; or 6 (c) materially further the purposes set forth in subdivision two of 7 section twenty-eight hundred fifty of this article. 8 § 4. Paragraph (d) of subdivision 2 of section 2854 of the education 9 law, as added by chapter 4 of the laws of 1998, is amended to read as 10 follows: 11 (d) A student may withdraw from a charter school at any time pursuant 12 to a written form created by the department in which the parent or legal 13 guardian of the student certifies that the parent or legal guardian is 14 willingly and knowingly withdrawing the student from the charter school 15 without any undue pressure or influence by any owner or employee of the 16 charter school, and enroll in a public school. A charter school may 17 refuse admission to any student who has been expelled or suspended from 18 a public school until the period of suspension or expulsion from the 19 public school has expired, consistent with the requirements of due proc- 20 ess. 21 § 5. Section 2854 of the education law is amended by adding a new 22 subdivision 4 to read as follows: 23 4. Suspension of a student. (a) A charter school shall suspend an 24 enrolled student pursuant to subdivisions two-a and three of section 25 thirty-two hundred fourteen of this chapter, and only in accordance with 26 the procedures set forth in this subdivision. 27 (b) The principal of the charter school where the student attends 28 shall have the power to suspend the student for a period not to exceed 29 five school days pursuant to the due process procedures set forth in 30 paragraph b of subdivision three of section thirty-two hundred fourteen 31 of this chapter. The student or the person in parental relation to such 32 student may appeal the final decision of the principal to the board of 33 trustees of the charter school. 34 (c)(i) No student enrolled in a charter school may be suspended for a 35 period in excess of five school days unless such student and the person 36 in parental relation to such student shall have had an opportunity for a 37 hearing, upon reasonable notice, at which such student shall have the 38 right of representation by counsel, with the right to question witnesses 39 against such student and to present witnesses and other evidence on his 40 or her behalf. 41 (ii) Where a student has been suspended in accordance with this para- 42 graph, the charter school shall, within five days of the suspension, 43 inform the superintendent of the school district or, in the city school 44 district of the city of New York, of a community school district, where 45 the charter school is located shall, upon being notified of the suspen- 46 sion, who shall forthwith designate a hearing officer to hear and deter- 47 mine the proceeding. The hearing officer shall be authorized to adminis- 48 ter oaths and to issue subpoenas in conjunction with the proceeding 49 before him or her. A record of the hearing shall be maintained, but no 50 stenographic transcript shall be required and a tape recording shall be 51 deemed a satisfactory record. The hearing officer shall make findings of 52 fact and a recommendation on the appropriate measure of discipline to 53 the chief executive officer of the charter school. The chief executive 54 officer may reject, confirm or modify the conclusions of the hearing 55 officer. A parent may appeal the decision of the chief executive officer 56 to the board of trustees of the charter school.A. 3791 3 1 (d) A student with a disability as such term is defined in section 2 forty-four hundred one of this chapter or a student presumed to have a 3 disability for discipline purposes, may be suspended or removed from his 4 or her current educational placement for violation of school rules only 5 in accordance with the procedures established in paragraph g of subdivi- 6 sion three of section thirty-two hundred fourteen of this chapter, the 7 regulations of the commissioner implementing such paragraph, and 8 subsection (k) of section 1415 of title 20 of the United States code and 9 the federal regulations implementing such statute, as such federal law 10 and regulations are from time to time amended. 11 (e) Any teacher shall have the power and authority to remove a disrup- 12 tive student pursuant to the procedures set forth in subdivision three-a 13 of section thirty-two hundred fourteen of this chapter. 14 (f) Procedure after suspension. Where a student has been suspended 15 pursuant to this subdivision and such student is of compulsory attend- 16 ance age, immediate steps shall be taken for his or her attendance upon 17 instruction at home or elsewhere. 18 § 6. Paragraph (c) of subdivision 1 of section 2854 of the education 19 law, as amended by section 10-b of part A of chapter 56 of the laws of 20 2014, is amended to read as follows: 21 (c) A charter school shall be subject to the financial audits, the 22 audit procedures, and the audit requirements set forth in the charter, 23 and shall be subject to audits of the comptroller of the city school 24 district of the city of New York for charter schools located in New York 25 city, and to the audits of the comptroller of the state of New York for 26 charter schools located in the rest of the state, at his or her 27 discretion, with respect to the school's financial operations. Any such 28 audits shall include an audit to determine whether the financing 29 received by the charter school pursuant to section twenty-eight hundred 30 fifty-six of this article is consistent with the number of qualified 31 students who are eligible to enroll, and are actually enrolled in such 32 charter school, including whether such enrolled students meet the resi- 33 dency requirements for enrollment. In the event of an overpayment, the 34 office of the state comptroller shall be authorized to recover the 35 excess in payment by deducting from any state funds which become due to 36 such charter school or refer the matter to the state attorney general to 37 initiate a civil action against the charter school to recover the over- 38 payment. Such procedures and standards shall be consistent with general- 39 ly accepted accounting and audit standards. Independent fiscal audits 40 shall be required at least once annually. 41 § 7. The opening paragraph and paragraphs (a) and (e) of subdivision 1 42 of section 2855 of the education law, the opening paragraph and para- 43 graph (a) as amended and paragraph (e) as added by chapter 101 of the 44 laws of 2010, are amended to read as follows: 45 The charter entity, or the board of regents, [may] shall terminate a 46 charter upon any of the following grounds: 47 (a) When a charter school's outcome on student assessment measures 48 adopted by the board of regents equals or falls below the level that 49 would allow the commissioner to revoke the registration of another 50 public school, and student achievement on such measures has not shown 51 improvement over the preceding three school years; 52 (e) [Repeated failure] Failure to comply with the requirement to meet 53 or exceed enrollment and retention targets of students with disabili- 54 ties, English language learners, and students who are eligible appli- 55 cants for the free and reduced price lunch program pursuant to targets 56 established by the board of regents or the board of trustees of theA. 3791 4 1 state university of New York[, as applicable] pursuant to subparagraph 2 (i) of paragraph (b) of subdivision nine-a of section twenty-eight 3 hundred fifty-two of this article. Provided, however, if no grounds for 4 terminating a charter are established pursuant to this section other 5 than pursuant to this paragraph, and the charter school demonstrates 6 that it has made extensive efforts to recruit and retain such students, 7 including outreach to parents and families in the surrounding communi- 8 ties, widely publicizing the lottery for such school, and efforts to 9 academically support such students in such charter school, then the 10 charter entity or board of regents may retain such charter. 11 § 8. Paragraph (a) of subdivision 2, and subdivisions 4 and 5 of 12 section 2857 of the education law, paragraph (a) of subdivision 2 as 13 amended and subdivision 5 as added by chapter 101 of the laws of 2010, 14 subdivision 4 as added by chapter 4 of the laws of 1998, are amended to 15 read as follows: 16 (a) a charter school report card, which shall include measures of the 17 comparative academic and fiscal performance of the school, as prescribed 18 by the commissioner in regulations adopted for such purpose. Such meas- 19 ures shall include, but not be limited to, the total number of openings 20 for new students at the beginning of the school year, by grade; the 21 total number of applicants for each such opening; the total number of 22 students accepted for the school year; the number of students accepted 23 for enrollment who are English language learners, are eligible for the 24 free or reduced price lunch program or are students with disabilities; 25 the number of students who were dismissed, expelled, dropped out or 26 withdrew during the school year, including the reasons for the dismissal 27 or withdrawal; graduation rates[, dropout rates,]; performance of 28 students on standardized tests[,]; college entry rates[,]; the total 29 number of teachers and administrators employed at the school at the 30 beginning of the school year and the number of teachers and administra- 31 tors who were terminated, dismissed or resigned during the reporting 32 period, and the reasons therefor; the annual salary paid to each teacher 33 and administrator of the school; and total spending per pupil and admin- 34 istrative spending per pupil. Such measures shall be presented in a 35 format that is easily comparable to similar public schools. In addition, 36 the charter school and the commissioner shall ensure that such informa- 37 tion is easily accessible to the community including making it publicly 38 available by transmitting it to local newspapers of general circulation, 39 posting it on the department's website and making it available for 40 distribution at board of trustee meetings. 41 4. The board of regents shall review the educational effectiveness of 42 the charter school approach authorized by this article and the effect of 43 charter schools on the public and nonpublic school systems. Not later 44 than December thirty-first, two thousand [three] eighteen, and every two 45 years thereafter, the [board of regents] commissioner shall report to 46 the governor, the temporary president of the senate, the speaker of the 47 assembly and the board of regents with recommendations to modify, 48 expand, or terminate that approach. Such report shall include, for each 49 charter school, a copy of the school's mission statement[,]; attendance 50 statistics; dismissal, expulsion and dropout rates[,]; student perform- 51 ance on standardized assessment tests[,]; projections of financial 52 stability[,]; the number of students with disabilities, English language 53 learners and students who are eligible for the free and reduced price 54 lunch program; the total amount spent for administrative expenses; and, 55 wherever practicable, comparisons to other public schools located in theA. 3791 5 1 same school district or, in the city school district of New York, the 2 same community school district. 3 5. The [board of regents] commissioner shall on an annual basis review 4 and make available to school districts best educational practices 5 employed by charter schools. If the commissioner fails to identify any 6 best practices employed by charter schools, the commissioner shall 7 report such absence or lack of best practices in the report required 8 pursuant to subdivision four of this section. 9 § 9. Severability clause. If any clause, sentence, paragraph, subdivi- 10 sion, section or part of this act shall be adjudged by any court of 11 competent jurisdiction to be invalid, such judgment shall not affect, 12 impair, or invalidate the remainder thereof, but shall be confined in 13 its operation to the clause, sentence, paragraph, subdivision, section 14 or part thereof directly involved in the controversy in which such judg- 15 ment shall have been rendered. It is hereby declared to be the intent of 16 the legislature that this act would have been enacted even if such 17 invalid provisions had not been included herein. 18 § 10. This act shall take effect immediately.
