Enacts the "education reform act of 2010"

Summary of specific provisions

Part A - Charter schools

Section 1 - Amends paragraph h of subdivision 4 of section 1950 of the education law to allow BOCES to enter into contracts to provide services to charter schools

Sections 2 & 4 - Amends paragraph (p) of subdivision 2 of section 2851 and paragraph (a) of subdivision 1 of section 2853 of the education law, the latter added by chapter 4 of the laws of 1998, to clarify that char- ter terms comprise 5 instructional, not calendar, years

Section 3 - Amends subdivision 9 of section 2852 of the education law, as amended by section 2 of part D-2 of chapter 57 of the laws of 2007 to provide that there shall be no limit on the number of charter schools

Section 5 - Amends paragraph (b-1) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, to allow individual charters to operate at multiple locations

Section 6 - Amends paragraph (c) of subdivision 2 of section 2854 of the education law, as added by chapter 4 of the laws of 1998, to allow char- ters to offer pre-kindergarten programs

Section 7 - Adds a new paragraph (d) to subdivision 1 of section 2856 of the education law allowing charter schools to qualify for facilities aid from the state.

Section 8 - Amends subdivision 1 of section 2856 of the education law, as separately amended by chapter 4 of the laws of 1998 and section 12 of Part A of chapter 57 of the laws of 2009 to provide the formula for such facilities aid.

Section 9 - This act shall take effect July 1, 2010; provided that the amendments to subdivision 1 of section 2856 of the education law made by section 7 of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision d of section 27 of the laws of 2007, as amended, when upon such date the provisions of section eight of this act shall take effect.

Part B - Math & Science standards

Section 1 - Amends section 211 of the education law, as added by section 1 of part A of chapter 57 of the laws of 2007, to provide that the ongo- ing Regents review of state learning standards approved in 2007 commences with its two-year review of the math and science curriculum by the start of the 2010-2011 school year. Also requires Regents to ensure NY standards are nationally and globally competitive.

Section 2 - Requires a report by the commissioner of education to the governor and the legislature detailing the results of such review by 7/1/2012

Section 3 - This act shall take effect immediately.

Part C - School District accountability and reporting requirements

Section 1 - Amends subdivisions 6 and 7 of section 1608 of the education law, subdivision 6 as amended by section 5 of part A of chapter 436 of the laws of 1997, subdivision 7 as amended by section 4 of part H of chapter 83. of the laws of 2002 and paragraph a of subdivision 7 as amended by chapter 238 of the laws of 2007 to require existing school district report card and property tax report card to be posted on the internet, in addition to required mailings to residents.

Section 2 - Amends subdivisions 6 and 7 of section 1716 of the education law, subdivision 6 as amended by section 7 of part A of chapter 436 of the laws of 1997, subdivision 7 as amended by section 5 of part H of chapter 83 of the laws of 2002 and paragraph a of subdivision 7 as amended by chapter 238 of the laws of 2007 to require existing school district report card and property tax report card to be posted on the internet, in addition to required mailings to residents.

Section 3 - Amends subdivision 7 of section 2601-a of the education law, as added by chapter 474 of the laws of 1996 to require existing school district report cards to be posted on the internet, in addition to required mailings to residents. Also adds a new subdivision 8 requiring small city schools to furnish annual property tax report cards, and making those report cards available on the internet.

Section 4 - Amends paragraph kk of subdivision 4 of section 1950 of the education law, as added by section 13 of part A of chapter 436 of the laws of 1997 to require annual BOCES report cards to be posted on the internet, in addition to its other required distribution methods.

Section 5 - Amends subdivision 39 of section 305 of the education law, as amended by section 3 of part A of chapter 57 of the laws of 2008 to require school assessments to be accessible to the public within 30 days of their receipt by the district.

Section 5 - Also adds a new subdivision 42 to section 305 of the educa- tion law requiring the commissioner to create a letter grading system for school districts to make the current accountability standards more understandable to the public, and requires that letter grade to include student performance growth as a factor.

Section 6 - This act shall take effect on July 1, 2010

Part D - Teacher certification and Tenure

Section 1 - Amends paragraph a of subdivision 2 of section 3012-b of the education law, as amended by section 1 of part C of chapter 57 of the laws of 2008 to allow tenure decisions to include consideration of student performance data.

Sections 2 & 3 - Amend subdivision 2 of section 3001 of the education law, as amended by chapter 658 of the laws of 2002 and chapter 538 of the laws of 1973 respectively, to allow outside education-oriented organizations which are approved by the department to recommend candi- dates for teacher and principal certification.

Section 4 - Amends subdivision 6 of section 3004 of the education law, as added by section 5 of part A of chapter 57 of the laws of 2007 to provide that the regents and the commissioner shall expand the avail- ability of alternative teacher and principal training programs by the end of the two thousand ten-two thousand eleven school year.

Section 5 - Amends paragraph (b) of subdivision 2 of section 3020-a of the education law, as separately amended by chapters 296 and 325 of the laws of 2008 to limits period of suspension for teachers and administra- tors with pay to 120 days and eliminates it immediately if the employee is convicted of certain felonies.

Section 6 - Amends subdivisions 3, 4 & 5 of section 3020-a of the educa- tion law, as amended by chapter 691 of the laws of 1994, and adds a new

subdivision 6 streamlining the hearing process for school district employees to provide:

*automatic appointment of hearing officers by the commissioner of educa- tion;

*specialized training for hearing officers;

*elimination of the existing right to a 3 person panel in pedagogical incompetence cases;

*employees cooperation in the investigatory process and reciprocal discovery during the 3020-a disciplinary process;

*an official record of the hearing that includes all substantive motions and rulings;

*appeals of hearing officer's decisions to be heard by a Tenured Teach- ers and Administrators Disciplinary Review Panel

* With all decisions to be published and to set binding precedent for future cases

*immediate termination of tenured teachers and administrators who have been convicted of felonies that affect the operation of a school district or upon the revocation of their certification of license.

*districts option to terminate tenured teachers and administrators who fail to receive their certification or license.

Section 7 - Adds a new subdivision 43 to section 305 of the education law establishing a Tenured Teachers and Administrators Disciplinary Review Panel.

Section 8 - This act shall take effect immediately and shall apply to disciplinary proceedings commenced on or after such effective date; provided that the amendments to section 3012-b of the education law, made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to subdivision 2 of section 3001 of the education law made by section 2 of this act shall be subject to the expiration and reversion of such section pursuant to section 2 of chapter 658 of the laws of 2002, as amended, when upon such date the provisions of section three from this act shall take effect.

Justification

New York State faces unprecedented educational and fiscal challenges that require unprecedented reform measures contained in this bill.

Adoption of these measures to ensure more rigorous accountability, strengthen teacher quality, provide school financial incentives, and expand charter schools will improve the quality of public education in

New York by raising student academic achievement. Adoption of these measures also will improve New York's competitive standing to secure additional federal funding, which could amount to hundreds of millions of dollars from the U.S. Department of Education's $4.35 billion Race to the Top program - a key component of President Barack Obama's education agenda to encourage states to improve their education systems for students to compete worldwide in the 21st Century.

Prior legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately provided, howev- er, that the applicable dates of Parts A through D of this act shall be as specifically set forth in the last section of such Parts.