brooks affirm exh 1 - assembly bill 11310

8/6/2019 Brooks Affirm Exh 1 - Assembly Bill 11310

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FILED: NEW YORK COUNTY CLERK OS/26/2011]YSCEF DOC. NO. 57-1

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STATE OF NEW YORK .

11310IN ASSE:MBLY

May 28, 2010

IntroducedSilver,Hikind,nor)

by COMMITTEE. ON RULES (at request of M. of A. Nolan,Benjamin, Bing, Camara, Clark, Espaillat, Galef, Gottfried,Hoyt, Jeffries, Morelle, Powell) -- (at request of the Gover-read once and referred to the Committee on EducationAN ACT to amend the education law; in relation to charter schoois

The People c:>fthe.State qf New York, represented in Sena.teand Assem-bly, do enact as follows:

1 Section 1. Subdivision 1 of section 2851 of the education law, as2 added by chapter 4 of the laws of 1998, is amended to read.as follows:3 1. An application to establish a charter school may be submitted by4 teachers, parents, school administrators, community residents or any5 combination thereof. Such application may be filed in conjunction with6 a college, university, museum, educational institution, not-for-profit7 corporation exempt from taxation under paragraph 3 of subsection. (c) of8 section 501 of the internal revenue code or {or-profit busin~ss or9 corporate entity.authorized to do businessin New York state. Provided10 howeyer, for-profit business or comorate entities shal!_not 1;;>eligible11 to submit an application to establish a charter school pursuant to12 subdivision nine-a of section twenty-eight hundred fifty-two of this13 article, or operate or manage a charter school for.a charter issued14 pursuantto subdivision nine-a of section twenty-eight hundred fifty-two15 of this_article~ For charter schools established in conjunction with a16 for-profit business or corporate entity, the charter shall specify the17 extent of the entity Is participation in the management and operation of18 the school.19 2. Paragraph (c) of subdivision 2 of section 2851 of the education20 law, as added by chapter4 of the laws of 1998, is amended to read as21 follows: .22 (c) The proposed governance structure of the school, including a list23 of members of the initial board of trustees, a description of the quali-24 fications, terms and method of appointment or election of trustees, the25 organizational .structure of the school, 5L.Q..roc_!dureor conducting and26 publicizing monthly board of trustee meetings at each charter school,

EXPLANATION--~atter in ~.talig_~(underscored) is new; matter in brackets[-] is old law to be omitted. LBD17477-11-0

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A. 11310 21 and the processes to be followed by the school to promote parental and2' staff irivolvement in school governance.3 3. Paragraph (v) of subdivision 2 of section 2851 of the education4 law, as added by chapter 4 of the laws of 1998, is amended to read as5 follows:6 (v ) A code of ethics for the charter school, setting forth for'the7 guidance of its trustees,' officers and employees the' standards of8 conduct expected of them including standards with' respect to disclosure9 of conflicts of interest regarding any matter brought before the. board

10 of trustees.11 4. Paragraph (p) of subdivision 2 of 'section 2851 of the education12 law, as added by chapter 4 of the laws of 1998, is amended to read as13 fo.ilows:14 (p) The term of the prQPosed charter, which shall not exceed five15 years; provided however, i~ the case of charte:cs issued pursuant to16 .subdivision nine-a of section twenty-eight hundred fifty-two of this'17 articl,ethe term of such proposeq char~er'shE-ll not exceed five years in18 which instruction is provided to pupils plus the period commencing with19 the effective date of the charter and ending with the openi~g of the20 S9hool for instruction,.21 5. Subdivision 3 of section 2851 of the education law.,as added by22 chapter 4 of the laws of 1998, paragraph (a) as' a~endedby section 6 of23 part B of chapter 57 of the laws of 2008,' is amended to read as follows:24 3'.An applicant shall submit the application to a charter entity for25 approval. For purposes of this article, a charter entity shall be:26 (a) The board of 'education of a school district eligible for an appor-27 tion~ent of aid under sUbdivision four of section thirty-six hundred two28 of this chapter, provided that a board of education shall not approve an29 application for a school to be operated outside the school district's30 geographic boundaries and further provided that in a city having a popu-31 lation of one,million or more, the chancellor of any such city school32 district shall be the charter entity established by this paragraph;33 (b) The b.oard of 'trustees of the state university of New York; or34 (c) The board of regents.35 The board of ~egents shall be the only entity authorized to issue a36 charter pursuant to this article. Notwithstanding any provision of this37 subdivision to the contrary, an application for the conversion of an38 existing public school to a charter school shall be submitted to, and39 may only be approved by, the charter entity set forth in paragraph (a)40 of this subdivision. (iIsny) Notwi~sta!!__din_9'._UlYl~w, rule or r'egulation41 to the.contrary, any such application for conversion shall be consistent42 with this section but shall not be subj_,!Q.t._o t.h~2.Ql__~_urf!.uantto43 subdivision ,nine-a of section twenty-eight hundred fifty-two of this44 article, and'the charter entity shall require that the parents or guard-45 ians of a majority of the stUdents then enrolled in the existing public46 school vote in favor of converting the school to a charter school.47 6. Subdivision 4 of section 2851 of the education law is'amended by48 adding a new paragraph (e) to read as follows:49 (e) The means by which the charter school will meet or exceed enroll-50 ment_and r_~tention targets as prescri:qed by.,the board of ;-egentsor the51 board of trustees of the state university of'New York, as applicable, of52 studentswithdisabilities.T English language learners, and students who53 are eligible applicants for the free and reduced price lunch program54 which shall be considered by the charter entity prior to approving such55 9ha~ter.~hQQL~_~icatt2!L:;Q~ renewal.__Wher>,._9.ev.elop.:llmuch target~h56 the board' of regents and the board of trustees of the state university

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A. 11310 31 of New York shall ensure (l) that such enrollment targets are comparable2 to the.enrollmen1:;,.iqures 0% such categories_ of students "attending the3 public sc~ools within the school district, or in a city school district4 in a city having a population of one million or more i~habitants, the5 community school district, in which the charter school is located; and'6 (2) that such retention targets are comparable'tothe rate of retention7, of such c~j:.egoriesof student~ ..tteFding the public schools w~_!;hin the8 school district, . or in a city'school dis,trict in a city having a popu-9 lation of one million or more inhabitants, the community school10 district, in which the proposed charter school would be located.11 7. Subdivision 1 of section 2852 of the education law, as amended by12 section 2 of part D-2 of chapter 57 of the laws of2007, is amenqed to13 read as follows:14 1. 'A charter entity that receives an application for approval. of a15 charter school shall act on each request received prior to July first of16, a calendar' year on or before January first of the succeeding calendar17 year, and a proposed charter between the applicant and ,the,charter enti-18 ty resulting trom such application shall be executed on or'before Febru-19 aryfirst of such succeeding year. Nothing in this subdivision shall be20 construed to prevent a'charter entity from receiving or .acting upon an21 application at any time. This subdivision shall not apply to applica-22 tions that are submitted pursuant to subdivision nine-a of this section.23 8. Subdivision 5 of section 2852 of the education law, as added by2,4 chapter 4 of the laws of 1998, is amended to read as follows:25 5. Upon approval of 'an application by a charter entity,'the applicant26 and charter entity shall enter into a proposed agreement allowing the27 applicants to organize and operate a charter school. Such written agree-28 ment, known as the charter, shall include (a) the Lnfoz-matrLonrequired29 by subdivision two of section twenty-eight hundred fifty-one of this30 article, as modified or supplemented during the approval process, (b) in31 the case of charters to be issued pursuant to subdivision nine-a of this32 section,' information required by. such lubdivis.ion,...l.g}_ny other terms33 or conditions required by applicable laws, rules and regulations, and34 ( - t o r ] (d) any' other terms or conditions, not inconsistent with law,35 agreed upon by the applicant and the charter entity. In' addition, the36 charter shall 'include the specific commitments of the charter entity37 relating to its obligations t.ooversee and supervise the charter school.38 Within five days 'after entering into a proposed charter, the charter39 entity other than the board of regents shall submit to the board of40 regents a copy of the charter, the application and supporting documenta-41 tion for final approval and issuance by the board of regents inaccord-42 ance with subdivisions five-a and five-b of this section. '43 9. Subdivision 5-a of section 2852 of the education law, as amended44 by section 2 of part D-2 of chapter 57 of the laws of 2007, is amended45 to read as follows:46 5-a. Upon receipt of a proposed charter submitted by a charter entity,47 the board of regents shall review such proposed charter inaccorct'ance48 with the standards set forth in subdivision two of this section, and any49 other applicable specifications required by this article. The board of50 regents shall either (al approve and issue the charter as proposed by51 the charter entity or (b) return the proposed charter to the charter,52 entity for reconsideration with the written comments and recommendations53 of the board of regents. If ,the board of regents fails to act on such54 proposed charter within ninety days of its submission to the board of55 regents in accordance with the previous sentence, the proposed charter

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A. 11310 4I1 shall be deemed to have been aPIDroved and issued by the board of regents2 at the expiration of such perioili.3 10. Intentionally omitted. ,4 11. Subdivision 9 of section 2852 of the education law, as amended

5 by section 2 of part D-2 of cha~ter 57 of the laws of 2007, is amended6 to read as follows:. .7 9. The total number of charters issued pursuant to this article shallff not exceed [two] fqur hundred sixty. (a) One hundred of such charters9 ~hall be issued on the recommendation of the charter entity described in10 paragraph (b) of subdivision three of section twenty-eight hundred11 fifty-one of this article[-;-ane]_L.__(Q}_ne hundred of such charters shall12 be issued on the recommendation.of the other charter entities set forth13 in subdivision three of section twenty-eight hundred fifty-one of this14 article [, p:r:o~icted,ta!:]; (c) up to fifty of the additi.onal charters15 authorized to be issu~d by the'chapter of the laws of two thousand seven16 .which amended this subdivision :effective July first, two thousand seven17 sh~ll be reserved for a city scbool district of a city having a pOPQ-18 lation of one million or more; ,(d).one hundred thirty charters shall be19 issued by the board of regents pursuant to a ' cc;>mpetitive process in20 accordance with su.bdiviston Qine-a of this section, providep that no21 more than fifty-seven of such charters shall be granted to a charter for22 a school to be located in ~ cit~ having a popUlation of one million_9~23 more; (e) one hundred thirty:charters shall be issued by the board of24 regents on the recommendation of the board of trustees of the state25 univ~~sity of New York pursuant ~9 a cQ~~tit~ve process in accordance26 with subdivision nine-a of this ;section, provided that no more than2 7 fifty7seven _9f such _chartersshall be granted to a charter for ~ school28 to be located in a city having ~ population of one millon or more. The29 'failure of any body to issue the regulations' aut.hordzed pursuant to this'30 article shall not [effeeL] aff~~ the authority of a charter entity to31 propose a charter :to the board of regents or the board of regents'32 authority to .grantsuch chazter .'A conversion of an- existing public33 school to a. charter school or the renewal or extension of a charter34 shall not be counted toward the :numericai limits established' by this35 subdivision.36 12. Section 2852 of the :education law is amended QY adding a new37 subdivision 9-a to.read as fOllcjws:38 9-a. (a) The board of regents ;is hereby authorized and directed' to39 issue two hundred sixty chart~rs pursuant to a competitive request for40 proposals process. ,41 (i) Commencing on August f~rs~, ~wo thousand ten, the board of regents42 and thj_J)oard_,ofrul?_teesof theistate ~...!l_iver~_tyf ~ew York sh?ll e~ch43 issue a request for proposals iq accordance with this subdivision and44 this subparagraph: .45J.1L_ Each_~~~_!; __i_or__propo~als _ . t , Q _ _be issued f?~e board o_t"___;:~9.ents46 and the bo~rd of trustees of the state university of New York_on August47 first, two thousand ten shall b~ for a maximum of thirty-two charters to48 be issued for charter schools ~i.ch would commence instructional opera-49 tion by the September of the ne~t calendar year.50 (2).Each re~_for propo~~j;o be_ issued by the boarL.Q.fc_ regents51 and the board. of trustees of th~ state university of New York on January52 first, two thousand eleven shal~ be for a maximum of thirty-three char-53 ters to be issued for charter s~ools which would commence instructional54 operation by the September of th~ ~ext calendar year.55 _Q~9_!? request_f.or propos~J,sitCl_1?~_:i_I~g;uedy the board of_regents56 and the board of trustees of the stateuniversi.ty of New York on January

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A, . 11310 5first, two thousand twelve shall be for a maximum of thirty-two chartersto be issued for charter schoolf!2!..1}j.ch__ould commence instruction_,,!!,operation by the September of the next calendar year. .(4) Each request for proposals to be issued by the board. of regentsand the board of trustees of the state university of New York on Septem-ber first, two thousand thirteen shall be for a maximum of thirty-threecharters to be issued for charter schools which would commence instruc-tional operation by the September of the next calendar year ..(ii) Notwithstanding the provisions of clauses one, two, three andfour of subparagraph (i) of this paragraph, if fewer charters are issuedthan were requested in the request for.proposals, the difference may beadded to the nUJ!lberof charters ~equesteQ,_in~he ;:~~9r proPQsalsin the succeeding year.(iii) The board of regentsshall make a dete~inatiqn to issue a char-ter pursuant to a request for proposals no later than December thirty-first of each year.(b).The bc;>ardof regents and the poard of trustees of the stateuniversity of New York shall each develop s~ch request for proposals ina manner that.facilitates a thoughtful review of charter school .applica-t;ions, considers the demand for charter schools by the commUni ty,. andseeks to locate charter schools in a region or regions where there mavbe a lack of alternatives and acce~s to charter schools would provig~new alternatives within the local public education. system that would.offer the greatelEJteducational benefit to students. 1I.ppl:i.cationshallbe eval~ated _in accor~ge with the criteria and obiectiv~s containe4within a request for proposals. The board of regents and the board oftrustees of the state llniversity 9f New York shall not consider


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A. 11310 6

1 and the board of trustees of the state university of New York, ~2 prescripe:3 (i) increasing student achievement and decreasing st~~ent achievement4 gaps in reading/language arts and mathematics;5 (ii) increasing high schoql graduation rates and focusing on ~erving6 specific high school student populations including, but not.limited to,7 ~dents at risk of not obt_aini~_hig~cpooJ,____s!;i._ploma_,._re-enrolled8 high school drop-outs, and students with academic skills below grade9 level;10 (iii) focusing o~ the academic achievement of middle school students11 and preparing them for a successful transition to high school;12 (iv} utilizing high-quality assessm~nts designed to measure.~13 student's knowledge, understanding of, and ability to apply, e


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A. 11310 71 (a) Upon the approval of a charter by the board of regents, the board2 of regents shall incorporate the char~er scho6l as an education corpo-3 ration fora term not to exceed five years, provided hpwever in the case4 of charters issu~d pursuant to subdivision nin~-a of section twenty-5 eight hundred fifty-two of this article the board ofregents shall6 incorporate the charter school as an ~ducation corporation for a term7 not to exceed fiv~ars in which instruction~rovided~~upils plu~8 the .period commencipg with the effective dat~ of the charter and ending9. with the opening of the school for instruction. Such certificate of10 incorporation shall not modify or limit any terms of the charter11 approved by the board of regents. Upon approval of an application to12 renew a charter, the board of regents shall extend the certificate of13 incorporation for a term not to exceed five years. Upon termination or14 nonrenewal of the charter ofa charter school pursuant to section twen-15 ty-eight hundred fifty~five of this article, the certificate of incorpo-16 ration of the charter school shall be revoked by the-board of regents17 pursuant to section two hundred nineteen of this chapter, provided that18 compliance with the notice and hearing requirements of. such section19 twenty-eight hundred fifty-five of this article shall be deemed to20 satisfy the notice and hearing requirements of such section two hundred21 nineteen. It shall be the duty of the trustees of the charter school to22 .obtain. federal tax~exempt status no later than one year following23 approval of a .charter school by the board of regents. For purposes of24 this article, "certifi,cate of incorporatiqn" shall mean the provisional25 charter issued by the board of regents to form the charter school as an26 educational corporation pursuant to sections two hundred sixteen and two27 hundred seventeen of this chapter.28 , 14..Paragraph (b-l) of subdivision 1 of section 2853 of the educa-29 tion law, as added ~y chapter 4 of the laws of 1~98, is amended to read30 as follows:31 (b-1) An education corporation operating a charter school shall [no"C)32 be authorized to operate more than one school or house any grade at more33 than one site, provided that a charter must be issued for each such34 additional school or site in accordance with the r~quirements. for the35 issq!!..nc~_f a charter pu~suant to th.isarticle and that !!_E.chuch_addi~36 tionalschool or site shall count asa charter issued pursuant to subdi-37 vision nine of sec"j:;ion.wenty9ight_.h_undredfifty-two of_t;his article L38 and provided further that:39 (A) a charter school may operate in more than one building at a single40 site; and41 (B) a charter school which provides instruction to its students at42 different locations for a"portion of their school day shall be deemed to43 b~ operating at a single site.44 15. Paragraph (a) of subdivision 3 of section 2853 of the education45 law, as amended by section 4 of part 0-2 of chapter 57 of the laws of46 2007, is amended and five new paragraphs (a~l), (a-2), (a-3), (a-4) and47 (a-5) are added to read as follows:48 .(a) A charter school may be located in part of an existing public49 school building, in space provided on a private work site, in a public50 building or in any other suitable location. Provided, however, before a51 charter school may be located ~n part of an existing public school52 building, the charter entity shall provide notice to the parents or53 guardians of the students then enrolled in the existing school building54 and shall hold a public hearing for purposes of discussing the location55 of the charter SChool. A charter school may own, lease or rent its

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A. 11310 81 space~ [FOL pttLpOiSeiSof local zoning, l:!!ud use Lagttl:!!tion :!!ndbuilding'2 coda compliance, a chaLeer school iSh:!!););be deemed :!!nonpttblic school. 13 (a-l) (i) For charters issued pursuant to subdivision nine-a of4 sec:tion t,wenty-eight hundred fifty-two of this article +ocated outside a5 city school distric:t in a city having a population o~ one million or6 more inhabitants, the department shal.l approve plans and specifications7 and i_~c:ertif~cates of occ~pan~.or such charter schoo+~uch char-8 t,erschools shal.lcomply w~th all department health, sanitary, and safe-9 ty requirements applicable to facil.ities and shall be treated the same10 ~s other p\lblic .s'choos for purposes of l.ocalzoning.,land use regu-11 lation and building code compliance. Provided however, that the depart-12 ment shall.be authorized t~ grant,~Qific~xemptions from the reguire-

13 ments of this paragraph to charter school.$ upon a showing ~at14 compliance with such requirements creates an undue economic hardship or15 that some other good cause exists that makes compliance withthis para-16 graph extremel.y impractical.. A demonstrated effort to overcome the stat-17 ed obstacles must be p~ovided.18 . (ii) In. a city school district. in a city with a p~pulation of one19 million or more, all charters authorized to be issued by the chapter of20 the laws o~ two .thousand ten which aJIlendedt,hissubdivision shal.l.be21 obl.iqated to compl.v with the department's heal.th, safetv and sanitarv22 ~irements applicabl.e to facilities to the same extent as non-charter23 public school.s in such a city school district.24 (a-2) A charter school.shall be deemed a nonpublic school for purposes25 9f local. zoning, land use re~+~tion ~d building code compliance if it26 has been gr'anted an exempti


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A. 11310 9such proposed allocations and shared usaqe would result in an equitableand comparable use of such public_sch~o~_.~1J.:!-ldi...ruI1.(D) building safety andsec~rity;

(E) communication stJ;at;egiesto be used by the co.-located schocLe r and(F) collabora.tive decision-making strategies to be used by t;.heco-lo-cated schools 'including the establishment of a shared space committeepursuant to paragraph (a-four)_of_.thi_ssubdi,_vision. ,(3) A building usage plan developed by the chancellor in accordancewith this'paragraph shall be included within the educational impactstat~ent required by paragraph (b) of subdivisi.on two-a of sectiontwenty-five hundred ninety-h of this title and be' subject to the!,~~emen~lL_9~jlbdiY.:hsi_Q_I! tW0-:EL_ofsuch section priqr to approval !2 vthe board of education pursuant to pa.ragraph h of subdLvision one ofsection twenty-five hun9red ninety~g of this title,(4) A buil.ding .usage plan developed by the chancellor in accordancewith this paragraph may be revised and such revision shall require boardof education ~pproval consistent 'w~th the requirements pursuant tos.ubdivision seven of section twenty-five hundred ninety-g of this title.(5) The building ,usage plan shall be made publicly available by thechancel.lor, inc.l.udiIlgia the city boaz-d's official_ internet website,and' a copy shall also be filed with the city board, the impacted commu-nity district education council; cOinmunity boards, community superinten-dent, and school based management team.(a-4) In a city school dLstrict in a.city having a population of onemillion or more inhabitants.,a shared pace committee .s.hallbe estab-lished'in each public school building in which one or more charterSChools are located or co~located within a pUblic school building withnon-charter public schools. The shared space committee' shall becomprised of the principal, a teacher, and a parent of ea~h co-locatedschool: Such co~ittee shall cond~ct regular meetings, at least fourtimes per school year, to review implementation of the building usag~plan developed p'ursuant tq~;:~graph (a-three) of this ~ivision ..(a-5) Notwithstandirig any provision to the contrary, in a city. school

district in a city having a population of one million or more inhabit-ant~e determination to locate o~co~locate a.charter sqhool within apublic school building and the implementation of and compliance with thebuilding usage plan developed pursuant~aragraph (a-three) of thissubdiviSion that :has been approved by the board of education of suohcity school.district pursuant to paragraph (h) of .subdivision one ofsection twenty-five hundred ninetY::.9.._ofhis .titl!and after .satisfyinqthe requirem.entsof subdivision tw.o-a. of section twenty-five hundredninetY=.h._~_~his title ma~_...9PP.ealed to the commissioner purstlant tosection three hundred ten of this chapter. Provided further, the.revision of a building usage plan approved by the board of educationconsi~tent ,.~.i-th_.___!;h_EL.'_gui_remeIlt:L.ursuant to subdivision eveI]._9 _ Ksection twenty-five hundred ninety-g of this title may also be appealedto the commissioner on the grounds that such revision fails to meet thestandards set forth in clause (B) of subparagraph two of paragraph (a-3)of this subdivision. Following a petition for such appeal pursuant tothis J?-aragraP.h.t._such_ citY....._...schoo),,_,disj:..ricthall ha~e ten days torespond. The petition must be dismissed, adjudicated or disposed of bythe commissioner within ten days of the receipt of the city schooldistrict's response.16 .. Subdivision 3 of section 2853 of the education law is amended by

adding a new paragraph (d) to read as follows:

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A. 11310 101 (d) Notwithstanding any other' provision to the contrary, in a city2 school district in a city ha~ing a POEul~tiQP of one million or more3 inhabitants, the changellor must first authorize in writing any proposed4 capital improveiments or facility upgrades in'exc!ss of five thousand5 doliars, regard,less of the source of funding, made to accoJl!Ill.odatehe6 co~location of a charter school within a public school building. For7 anv such improvement;s or ...!l~ades_that hav~!?.een appx-ovedb_y_the chan-8 cellor, capital improvements or facility upgrades shall be mad~ in an9 amount equal to the expenditure of the charter school for each non-char-

lO ~er public' school within the public school building. For any capital11 improvements'or facility upgrades in excess .of five thousand dollars12 ~l].A_t._llave 1:2eenapproved by the chanqellor ,_~ardless of the source of13 funding, made in a charter school that is already co-located within a14 public school. building, matohing capital. improvements or facility15 upgrades shall.be made in an amount equal to the expend,iture of the16 charter school foreaoh non-charter public school within the public17 school building witl].inthree months of such impx-ovements or upgrades.18 17. Paragraph (c) of subdivision 1 of section 2854 of the education19 law, as amended by chapter 267 of the laws of 2005, is amended to read20 as follows:21 (c) A charter school shall be subjec~ to the financial audits~ the22 audit procedures, and the audit requirements set forth in the charter23 and shall be subj ect to audits of the comptroller [as set fOJ:lit in24 seotion lidJ::: y lilJ:eeof the genexal mcmicipal law] of the stat,eof New25 York at his.or her discx-etion. Such procedures and standards shall be26 consistent wi~h generally accepted. accounting and audit standards. Inde-27 pendent fiscal audits shall be required at least once annually.28 18. Subdivision 1 of section 2854 of the education law is amended by29 adding a new paragraph (f) to read as follows:30 Jfl__A chartex- school shal.lbe sub~ct tQ_~he provisioqs of sections31 eight hundx-ed, eight hundred one, eight hundred .two, 'eight 'hundred32 three, eight hundred_Jou.:L_eight hundred .fou;!;::=5L_ight hundred five,33 eight hundred five-a, eight hundred five-b and eight hun~ed six of the34 general. municipal. .law to the same extent such sections apply to school35 districts:36 19. Paragraph (b) of subdivision 2 of section 2854 of the education37 law, as amended by sectionS of part. 0-2 of chapter 57 of the laws of38 2007, is amended to read as follows:39 (b) Any child who is qualified under the laws of this state for admis-40 sion to a public school is qualified for admission to a charter school.41 ~pp1ications for admission to a charter scho01 sha1l be submitted on a42 Y..I:liforIl:1___:~1icationorm. cre'?ted._.'p_y__the_~epartmentnd sh~l1 be made43 availab1e by a charter schoo1 in languages predominately spoken in the44 community in which such charter scho01 is located. The school shall45 enroll each eligible. student who submits a timely application by the46 first day of April each year, unless the number of applications exceeds47 the capacity of the grade level. or building. In such cases, students48' shall be accepted from among applicants by a random selection process,49 provided, however, that an enrollment preference shall be provided to50 pupils returning to the charter school in the second or any subsequent51 year of operation and pupils residing in the school district in which52 the charter school is located, and siblings of pupils already enrolled53 in the charter school. The commissioner shall establish regulations. to54 require that the random selection process conducted pursuant to this55 par.agraph be performe~ in _~.!:ran~parE!nt.~nd ._.i table manner ~nd to56 require that the time and. place of thex-andom selection process be

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A. 11310 111 publicized in a manner consistent with the requirements of section one2 hundred __four of the public ot"fic~rslaw.and J:;)en to the public. For3 the purposes of this paragraph and paragraph (a) of this subdivision,4 the school district in which the charter school is located shall mean,5 for the city school district of the city of New York, the community6 district in which the charter school is located.7 . 20~ Paragraph (a) of subdivision 2 of section 2854 of the education8 law, 'as amended by section 5 of part D-2 of'chapter 57 of the laws of9 .2007, is amended to read as follows:10 (a) A charter school shall be nonsectarian in its programs, admissiQn

11 policies, employment practices, and all other operations and shall not12 charge tuition or fees; provided that a charter school may require the13 payment of fees on the same basis and to the same extent as other public14 schools. A charter school shall not discriminate against any student,15 employee or any other person on the basis of ethnicity, national origin,16 gender, or disability or any other ground that would be unlawful if'done17 by a school. Admission of students shall'not be limlted on the basis of18 'intellectual ability, measures of achievement or ,aptitude, athletic19 ability, disability, race, creed, gender, national origin, religion, or20 ancestry; provided, however, that nothing in this article shall be21 construed to prevent the establishment of a single"'-sexcharter school or22 a charter school designed to provide expanded learning opportunities for23 students at-risk of academic failure or students .with disab:ilities and24 English language learners; and provided, further, that the charter25 school shall demonstrate good faith efforts 1;0 attract and retain a26 comparable or greater enrollment. of students with disabilities [and27 1imited]~ English [p~oiciel1L]language learne~nd students who are28 eligibleapplican1:;s for the free and reduced price lunch program when29 compared to the enrollment figures for such students in the school30', d.Lstr Lct; in which the charter schooj, 'is located. A charter shall not be31 issued to any school that would be wholly or in part under the control32 or direction o'f any religious dimomination, or in which any denomina-33 tional tenet Or doctrine would be taught.34 . 21. Subdivision 1 of section 2855 of the education law,.as added by35 chapter 4 of the laws of 1998, is amended to read as foL'Lower,36 1. The charter entity, or the board of regents, may terminate a char-37 ter upon any of the following grounds:38 (ar When a charter achooI.'s outcome on student assessment measures39 adopted by the board of regents falls below the level that would allow40 the commissioner to revoke the registration of another public school,41 and student achievement on such measures has not shown improvement over42 the preceding three school years I+;43 (b) Serious violations of law;44 (c) Material arid' substantial violation of the charter, including45 fiscal mismanagement; [or]46 (d) When the.public employment relations board makes a determination47 that the charter school demonstrates a practice and pattern of egregious48 and intentionalviolations of subdivision one of section two hundred49 nine-a of the civil service law involving interference with or discrimi-50 nation against employee rights under article fourteen of the civil51 service law[-;-];or52 (e) Repeated failure to comply with the requirement to meet or exc'eed53 enrollment and retention targets of students with disabilities, English54 language learners, and stUdents who are eligible applicants for the free55 and__eQ..pc~c;!.~iceunch program~~suant tQ__j;_arge1::._sl?tablished .by the56 board of regents or the board 'of trustees of the state university of New

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A. 11310 121 York, as app~icab~e. Provided, however, if no grounds for terminating a2 charter are estab~ished pursuant to_this section other than pursuant to3 this paragraph, and the charter school demonstrates t.hat it has made4 extensive efforts to recruit and retain suqh students, inc~uding5 outreach to parents and fami~ies in the surrounding communi ties, widely

6 J2ub~icizing the lottery for such school, and efforts to academically7 ~pport sucll~student~ in such charter' school; then _the 9harter enti~_;:8 board of regents may retain such charter.9 . 22. Subdivision 2 of section 2857 of the education law, as amended10 by section 7 of part D-2 of chapter 57 of the laws of 2007, is amended11 to read as follows:12 2. Each charter school shall submit to the charter entity and to the13 board of regents an annual report. Such report shall be issued no later

14 than the first day of August of each year for the preceding school year.15 and shall be.made publicly available by such date and sh~ll be posted on16 .the charter school's website. The annual report shall be in such form17 as shall be prescribed by the commissioner and shall include at least18 the following components:i 9 (a)a charter school report card, which shall include measures of the20 comparative academic and fiscal performance of the school, as prescribed21 by the commissioner in regulations adopted for such purpose. Such meas-22 ures shall include, but not be limited to, graduation rates, dropout23 rates, performance of studerrts on standardized tests, college entry24 rates, total spending per pupil and administrative spending per pupil.25 Such measures shall be presented in a format that is easily comparable26 to similar public schools. In addition, the charter school shall ensure27' that such information is easily accessible to the community i-ncl~di~g28 making it pub~icly available by transmitting it to local new$papers of29 general circulation 'and making it available for distribution at board of30 truste~_JM!_Ij;ings.31 (b) 'discussion of the progress made towards achievement of the goals32 set forth in the charter.33 (c) a certified financial statement setting forth, by appropriate34 categories, the revenues and expenditures for thepreceding school year,35 including a copy of the most recent independent fiscal audit of the36 school and any audit conducted by the comptroller of the state of New37 Yor~.38 23. Subdivision 2 of sectiori 2857 of :theeducation law, .as .amended39 by section twenty-two of this act, is amended to read as follows:40 2. Each charter school shall submit to the charter entity and to the41 board of regents an annual report. Such report shall be issued no later42 than' the first day of August of each year for the preceding school year43 and shall be made publicly available by such date and shall be posted on44 the charter s.chool's website. The annual repo.rt shall be in such form45 as shall be prescribed by the commissioner and shall include at.least46 the following components:47 (a) a charter school report card, which shall include measures of the48 comparative academic and fiscal performance of the school, as prescribed49 by the commissioner in regulations adopt.ad for such purpose. Such meas-50 ures shall include, but not be limited to, graduation rates, dropout51 rates, performance of students on .standardized tests, college entry52 rates, total spending per pupil and administrative spending per pupil.53 Such measures shall be presented in a format that is easily comparable54 to similar public schools. In addition, the charter school shall ensure55 that such information is easily accessible to the community including56 making. it publicly available by transmi tting it to local newspapers of

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general circulation and making it available for distribution at board oftrustee meetings.(b) discussion of the progress made towards achievement of the goalsset forth in the charter.(c) a certified financial statement setting forth, by appropriatecategories,the revenues and expenditures for the preceding'school year,including a copy of the most recent independent fiscal audit of theschool and any audit conducted by the comptroller of the state of NewYork.(d) efforts taken by the charter school in the existing scl;1.001ear,and a plan for efforts to be takerr in the succeedinq school year, tomee___~E!.xce~enr01lment_. and retention tarqets set by the board ofregents or the board of trustees of the state university of New York, asapplicable, of students with disabilities, English language learner.s,and students who are eligible applicants for the free and reduced pricelunch program established pursuant to paragraph (e) of subdivision fourof section twenty-e~ht hundred f;!,_~-one of this article. 24. Subdivision 3 of.section 2857 of the education law is .amended by

adding a new paragraph (a-I) to read as follows: .. (a-1) A list including the number of charter schools closed during thepreceding year, and a brief description of the reasons therefor includ-ing, but not limited to, no~-renewa~ of the charter or revocation of thecharte~; 25. Section 2857 of the education law is amended by adding a new'subdivision 5 to read as follows:5. The board of regents shall on an annual basis review and makeavailable to school districts best_ education~l practices employed bycharter schools. 26 ..Paragraph (al of subdivision 15 of sect.l,on2590-h of theeduca-tion law, as amended by chapter 345 of the laws of 2009, is amended toread as follows:(al establishing a parents' a~sociation or a parent-teachers' associ-ation in each public school under the chancellor's jurisdiction; and

ensuring that the districts and oharter sohools located withi~ the cityQ~strict do the same; the chancellor shall ensure that meetings of such.parents' associations or parent-teachers.' associations shall comply withsection four hundredfourteen of this chapter; 27. Severability clause. If any clause, sentence, paragraph, subdi-vision, section or part of this act shall be adjudged by any court ofcompetent jurisdiction to be invalid, such judgment shall not affect,

impair, or invalidate the remainder thereof, but shall be confined inits operation to the clause, sentence, paragraph, subdivision, sectionor part thereof directly involved in the controversy in which 'such judg-ment shall have been rendered. It is hereby declared to be the intent ofthe legislature that this act would have been enacted even if suchinvalid provisions had not been included herein. 28. This act shall take effectinimediately; provided, nowever . thatsections six, nineteen, twenty-one and twenty-three of this act shalltake effect January 1, 2011; provided, further, however that the amend-ments to paragraph (al of subdivision 15 of section 2590-h of the educa-.tion law made by section twenty-six of this act shall not affect theexpiration of such section and shall expire therewith.

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brooks affirm exh 1 - assembly bill 11310

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