Relates to the powers and duties of BOCES, the operation and management of and enrollment at charter schools, and increasing the cap on the total number of charter schools in the state to four hundred sixty

Summary of provisions

Section 1: Authorizes boards of cooperative educational services (BOCES) to provide services to charter schools on a non-aidable basis.

Section 2: Requires charter school applicants to specify a procedure for publicizing and conducting board meetings at the charter school.

Section 3: Establishes that the duration of a charter shall be 5 instructional years, in addition to the time between the approval of the charter and the opening of the school for instruction.

Section 4: Requires the code of ethics articulated in the charter school application to include standards regarding conflicts of interest, in accordance with the requirements for traditional public school boards under sections 801-806 of the General Municipal Law.

Section 5: Requires charter schools applying for renewal to demonstrate the steps they have taken to recruit and retain students at risk of educational failure and requires that the information be included in renewal deliberations.

Section 6: Raises the cap on the number of charter schools from 200 to 460 to be shared between SUNY, the Board of Regents and local school districts; and establishes that revoked charters will no longer count against the cap.

Section 7: Establishes that the duration of a charter shall be five instructional years, in addition to the time between the approval of the charter and the opening of the school for instruction.

Section 8: Permits authorizing entities to grant approval for the board of a single charter school to offer a single grade at multiple sites; authorizes charter schools to offer special education services at an alternative site, that would not count against the cap.

Section 9: Authorizes charter school schools to contract with one another to provide special education services; authorizes charter schools to offer special education services at an alternative site that would not count against the cap.

Section 10: Authorizes charter school schools to contract with one another to provide special education services; authorizes charter schools to offer special education services at an alternative site, that would not count against the cap.

Section 11: Applies the same conflict of interest provisions and code of ethics to charter board members, officers, and charter school employees as apply to officers, board members and employees of public school districts.

Section 12: Directs the commissioner of education to create a common student application for all charter schools and that such applications be made available in languages predominant in the local community. Directs the Commissioner to promulgate regulations to ensure that all admission lotteries are conducted in a transparent and equitable manner. Requires that such lotteries be held in a manner consistent with public officers law. Clarifies that a charter school may focus its services on students in need of special assistance, including English language learners and students with disabilities. Allows for admission to oversubscribed charter schools without an open lottery for students with disabilities and students who are English language learners. Designates the district of location for charter high schools in the city of New York as the city district, not the community school district. Authorizes kindergarten through eight grade schools in the city of New York to use the enrollment process for zoned schools, at the discretion of the school. Requires that charter schools which are found to be serving less than 50% of the population of students with disabilities and English language learners represented in the school district of location to automatically admit students in these subgroups outside the lottery until all applicants are admitted or they population reaches 75%.

Section 13: Requires charter-schools to make their annual reports more widely available to the public through posting on the school's website, distribution to the local newspapers and availability at charter school board meetings. Requires the inclusion of any audits by the

State Comptroller in annual reports. Requires charter school annual reports to include information regarding the charter school's efforts to recruit and retain high-need students during the previous school year and their plans to attract, recruit and retain such students in the coming year.

Section 14: Requires the annual Education Department charter school report to include the number of charter schools that were closed in the prior year and the reason for their closing.

Section 15: Requires the Board of Regents to conduct an annual review of charter school best practices and make such information available to public school districts.

Section 16: Authorizes Boards of Education to contract with educational management organizations to assist in the turn-around of persistently low-achieving schools. Requires the Department to establish a list of qualified management organizations for districts to partner with.

Section 17: Establishes the severability clause.

Section 18: Establishes the effective date.

Existing law

Under current law:

* BOCES are not authorized to contract with charter schools.

* The duration of a charter agreement is five years from the date of approval or renewal.

* There is no requirement that charter school board, meetings be held at the site of the charter school.

* There are no statutory conflict of interest or financial disclosure requirements for charter board members, staff, officers or employees, only those laid out in the charter agreement.

* There is no specific statutory consideration of the efforts to educate students with disabilities and English language learners in the charter renewal process.

* The number of startup charter schools in New York State is limited to 200.

* The SUNY Board of Trustees is authorized to approve 100 charters while the Regents and local districts are authorized to authorize an additional 100 in total.

* Once a charter is issued, it continues to count against the cap of 200 even if revoked.

* A single charter school board is prohibited from offering a single grade at more than one site.

* Charter schools cannot collaboratively offer special education services, nor can they designate sites in non special education schools as special education sites.

* Each charter school is authorized to establish their own application and oversee their own lottery process.

* There are no specific requirements regarding the publishing and distribution of charter school annual reports.

* Charter schools are required to make a "good faith" effort to recruit high need students, including students with disabilities and English language learners.

* Boards of education are not authorized to contract with educational management organizations.

Justification

To date, charter schools in New York have largely succeeded in providing access to high-quality, public education, primarily serving low income students in urban areas. New York has a strong reputation for high standards of accountability and rigorous authorization. This legislation would build on that reputation by increasing charter school oversight and accountability. This increased oversight would extend to not only financial oversight, but also operational and management oversight, which would allow the best practices of charters schools to be shared and replicated, and any inappropriate practices to be identified and eliminated.

This legislation would also enhance the public's confidence in charter schools by allowing for audits by the state comptroller, requiring charter board members to meet the same conflict of interest and ethical obligations as traditional school board members, and establishing uniformity and oversight in the lottery and application process.

For educational opportunities to continue to improve for all students in New York, it is important that we not only continue to make school choice opportunities available to students, but also that we allow school districts the opportunity to access all possible resources to assist them in their endeavors. Enactment of this legislation would not only increase educational opportunities for children, but would

also enhance the competitiveness of New York State in Phase II of the federal Race to the Top competition and allow low achieving school districts to access hundreds of millions of dollars in federal Title I school improvement grant funding to aid in their turnaround plans.

Legislative history

This is a new bill.

Fiscal implications

The State Education Department would incur some administrative costs related to the establishment of new regulations and oversight responsibilities.

Local fiscal implications

Local school districts will incur the expense of charter school tuition for students that attend a charter school.

Effective date

This act shall take effect immediately; provided however that sections three, seven and eight shall take effect July 1, 2010 and sections five, twelve, thirteen, fourteen and fifteen, shall take effect January 1, 2011.