Bill Text: NY S06567 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the surrender, revocation or termination of a charter and requirements for teaching staff of charter schools.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO EDUCATION [S06567 Detail]
Download: New_York-2017-S06567-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6567 2017-2018 Regular Sessions IN SENATE June 4, 2017 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to the surrender, revoca- tion or termination of a charter and requirements for teaching staff of charter schools; to amend chapter 345 of the laws of 2009 amending the education law and other laws relating to the reorganization of the New York city board of education, chancellor, community councils and community superintendents, in relation to extending the expiration and repeal date of certain provisions thereof; and to amend chapter 91 of the laws of 2002, amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to extending the expiration and repeal date of certain provisions thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 9 of section 2852 of the education law, as 2 amended by section 2 of subpart A of part B of chapter 20 of the laws of 3 2015, is amended to read as follows: 4 9. The total number of charters issued pursuant to this article state- 5 wide shall not exceed four hundred sixty. (a) All charters issued on or 6 after July first, two thousand fifteen and counted toward the numerical 7 limits established by this subdivision shall be issued by the board of 8 regents upon application directly to the board of regents or on the 9 recommendation of the board of trustees of the state university of New 10 York pursuant to a competitive process in accordance with subdivision 11 nine-a of this section[. Fifty of such charters issued on or after July12first, two thousand fifteen, and no more, shall be granted to a charter13for a school to be located in a city having a population of one million14or more]; provided that a city of one million or more shall receive no 15 more than forty percent of the remaining charters available in each 16 year. The failure of any body to issue the regulations authorized pursu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13013-05-7S. 6567 2 1 ant to this article shall not affect the authority of a charter entity 2 to propose a charter to the board of regents or the board of regents' 3 authority to grant such charter. A conversion of an existing public 4 school to a charter school, or the renewal or extension of a charter 5 approved by any charter entity, shall not be counted toward the numer- 6 ical limits established by this subdivision. 7 (a-1) A charter school whose charter has been surrendered, revoked or 8 terminated, including a charter that has not been renewed by action of 9 its charter entity, shall not be counted toward the numerical limits 10 established by this subdivision and instead shall be returned to the 11 pool it was originally issued from and may be reissued by the board of 12 regents either upon application directly to the board of regents or on 13 the recommendation of the board of trustees of the state university of 14 New York pursuant to a competitive process in accordance with subdivi- 15 sion nine-a of this section. 16 (b) A charter that has been surrendered, revoked or terminated [on or17before July first, two thousand fifteen], including a charter that has 18 not been renewed by action of its charter entity, may be reissued pursu- 19 ant to paragraph (a) of this subdivision by the board of regents either 20 upon application directly to the board of regents or on the recommenda- 21 tion of the board of trustees of the state university of New York pursu- 22 ant to a competitive process in accordance with subdivision nine-a of 23 this section. Provided that such reissuance shall not be counted toward 24 the statewide numerical limit established by this subdivision[, and25provided further that no more than twenty-two charters may be reissued26pursuant to this paragraph]. 27 (c) For purposes of determining the total number of charters issued 28 within the numerical limits established by this subdivision, the 29 approval date of the charter entity shall be the determining factor. 30 (d) Notwithstanding any provision of this article to the contrary, any 31 charter authorized to be issued by chapter fifty-seven of the laws of 32 two thousand seven effective July first, two thousand seven, and that 33 remains unissued as of July first, two thousand fifteen, may be issued 34 pursuant to the provisions of law applicable to a charter authorized to 35 be issued by such chapter in effect as of June fifteenth, two thousand 36 fifteen[; provided however that nothing in this paragraph shall be37construed to increase the numerical limit applicable to a city having a38population of one million or more as provided in paragraph (a) of this39subdivision, as amended by a chapter of the laws of two thousand fifteen40which added this paragraph]. 41 § 2. Paragraph (a-1) of subdivision 3 of section 2854 of the education 42 law, as amended by section 1 of subpart A of part B of chapter 20 of the 43 laws of 2015, is amended to read as follows: 44 (a-1) The board of trustees of a charter school shall employ and 45 contract with necessary teachers, administrators and other school 46 personnel. Such teachers shall be certified in accordance with the 47 requirements applicable to other public schools; provided, however, that 48 teachers employed by a high performing public charter school with a 49 rigorous teacher training program will have three school years from 50 their employment start date before they must satisfy certification 51 requirements; provided further that a charter school may employ as 52 teachers (i) uncertified teachers with at least three years of elementa- 53 ry, middle or secondary classroom teaching experience; (ii) tenured or 54 tenure track college faculty; (iii) individuals with two years of satis- 55 factory experience through the Teach for America program; and (iv) indi- 56 viduals who possess exceptional business, professional, artistic,S. 6567 3 1 athletic, or military experience, provided, however, that such teachers 2 described in clauses (i), (ii), (iii), and (iv) of this paragraph shall 3 not in total comprise more than the sum of: (A) thirty per centum of the 4 teaching staff of a charter school, or five teachers, whichever is 5 [less] greater; plus (B) five teachers of mathematics, science, computer 6 science, technology, or career and technical education; plus (C) five 7 additional teachers. A teacher certified or otherwise approved by the 8 commissioner shall not be included in the numerical limits established 9 by the preceding sentence. 10 § 3. Subdivision 5 of section 2851 of the education law, as added by 11 section 2 of part P of chapter 73 of the laws of 2016, is amended to 12 read as follows: 13 5. Notwithstanding any provision of law, rule or regulation to the 14 contrary for a period of [one year] two years from the effective date of 15 this subdivision, a charter school approved by a charter entity listed 16 in subdivision three of this section may apply at any time during this 17 period to another charter entity, defined in paragraph (a), (b) or (c) 18 of subdivision three of this section to request such other charter enti- 19 ty to oversee and supervise such charter school. All standards and 20 requirements established in the original charter agreement shall remain 21 in effect until the scheduled expiration of such charter agreement and 22 provided however that all obligations of the previous charter entity to 23 oversee and supervise a charter school shall terminate upon the transfer 24 of authorization of such charter school to a new charter entity, as 25 defined in subdivision five of section twenty-eight hundred fifty-two of 26 this article, and the previous charter entity shall provide in a timely 27 fashion information relevant to the charter as requested by such other 28 charter entity. A charter school that seeks to change its charter entity 29 must have met all other requirements of this article and cannot be in 30 violation of any legal requirement, in probationary status, or slated 31 for closure. 32 § 4. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 33 amending the education law and other laws relating to the reorganization 34 of the New York city board of education, chancellor, community councils 35 and community superintendents, as amended by section 2 of part O of 36 chapter 73 of the laws of 2016, is amended to read as follows: 37 12. any provision in sections one, two, three, four, five, six, seven, 38 eight, nine, ten and eleven of this act not otherwise set to expire 39 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 40 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 41 and be deemed repealed June 30, [2017] 2018. 42 § 5. Section 34 of chapter 91 of the laws of 2002, amending the educa- 43 tion law and other laws relating to reorganization of the New York city 44 school construction authority, board of education and community boards, 45 as amended by section 1 of part O of chapter 73 of the laws of 2016, is 46 amended to read as follows: 47 § 34. This act shall take effect July 1, 2002; provided, that sections 48 one through twenty, twenty-four, and twenty-six through thirty of this 49 act shall expire and be deemed repealed June 30, [2017] 2018 provided, 50 further, that notwithstanding any provision of article 5 of the general 51 construction law, on June 30, [2017] 2018 the provisions of subdivisions 52 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs 53 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 54 2554 of the education law as repealed by section three of this act, 55 subdivision 1 of section 2590-b of the education law as repealed by 56 section six of this act, paragraph (a) of subdivision 2 of sectionS. 6567 4 1 2590-b of the education law as repealed by section seven of this act, 2 section 2590-c of the education law as repealed by section eight of this 3 act, paragraph c of subdivision 2 of section 2590-d of the education law 4 as repealed by section twenty-six of this act, subdivision 1 of section 5 2590-e of the education law as repealed by section twenty-seven of this 6 act, subdivision 28 of section 2590-h of the education law as repealed 7 by section twenty-eight of this act, subdivision 30 of section 2590-h of 8 the education law as repealed by section twenty-nine of this act, subdi- 9 vision 30-a of section 2590-h of the education law as repealed by 10 section thirty of this act shall be revived and be read as such 11 provisions existed in law on the date immediately preceding the effec- 12 tive date of this act; provided, however, that sections seven and eight 13 of this act shall take effect on November 30, 2003; provided further 14 that the amendments to subdivision 25 of section 2554 of the education 15 law made by section two of this act shall be subject to the expiration 16 and reversion of such subdivision pursuant to section 12 of chapter 147 17 of the laws of 2001, as amended, when upon such date the provisions of 18 section four of this act shall take effect. 19 § 6. This act shall take effect immediately.
