Relates to the establishment, organization, and administration of charter schools

Summary of specific provisions

This legislation provides for the estab- lishment of a new process to issue charters. The board of regents, in conjunction with the board of trustees of the state university of New York (SUNY Trustees), is authorized to develop a request for proposals process for 200 new charters that provides for thoughtful review of charter applications and ensures that growth in charter schools is targeted, planned, and geared toward high-performance standards.

To provide for a thoughtful review of charter school applications, the board of regents will develop the request for proposals process in conjunction with the SUNY Trustees in a manner that considers regional educational needs. Charter school applications will have to meet enroll- ment and retention targets of high-need students, undergo a rigorous public review process, and effectively demonstrate that any proposed location or co-location of a charter school in an existing public school building is acceptable to the parents of the enrolled students in that building.

Applicants will be able to submit applications to either the board of regents or the SUNY Trustees. In order to ensure that high quality stan- dards are met, the board of regents and the SUNY Trustees will jointly develop a scoring rubric to grant priority to applications that best demonstrate several objectives, including increasing student achievement and decreasing student achievement gaps, increasing high school gradu- ation rates and focusing on serving specific high school student popu- lations, focusing on the academic achievement of middle school students, utilizing high quality assessments, using local instructional systems, partnering with low performing public schools to share best educational practices, and demonstrating the management and leadership techniques to operate a thriving, financially viable charter school. The SUNY Trustees will evaluate applications that are submitted to them and recommend qualified applications to the board of regents to be considered for approval. The board of regents will have to issue charters to sixty-five applications that the SUNY Trustees highly recommend. The board of regents will have the sole authority and discretion in issuing charters to those applications that they determine to be qualified.

The first request for proposals pursuant to this process will be issued by July 1, 2010 and the board of regents must make determinations on

proposals received by December 31, 2010. To ensure a predictable char- tering process, the board of regents, in conjunction with the SUNY Trus- tees, will issue a new request for proposals on January 1, 2011, and of each succeeding year, and the board of regents will make determinations on proposals received by December 31 of each year.

In addition to establishing a new standardized charter issuance process, certain changes to the management and operation of charter schools will apply to charters issued pursuant to the request for proposals process, such as prohibiting for-profit corporations or entities from applying for, managing or operating any new charter schools, requiring that the proposed application identify a facility before a charter may be issued, and requiring State Education Department (SED) approval of plans and specifications and compliance with SED facility health, sanitary, and safety requirements. In addition, the term of charters issued will be comprised of up to five instructional years.

To standardize the oversight of charter schools in the state, the board of regents will become the sole chartering entity on January 1, 2011. The conversion of an existing public school to a charter school will still have to be approved by the board of education of the school district where the charter school would be located.

Several new measures are enacted to ensure greater accountability and transparency. Charter schools will be subject to audits of the state comptroller, and any comptroller audits must be included in the charter school's annual report. In addition, the charter school annual report, which currently includes academic data, financial statements, and the charter school report card must be made more widely and publicly avail- able. A new component is added to the annual report, requiring informa- tion on the charter school's efforts taken during the current year, and a plan for subsequent years, to attract and retain high-need students. The board of regent's annual report is also expanded to require a list of charter schools that closed in the previous year and the reasons for the closure. The board of regents is also required to annually review and make available to school districts the best practices employed by charter schools.

Charter schools will be subject to the provisions of the general munici- pal law regarding code of ethics, including disclosure of interest, to the same extent as all public school districts. In addition, a charter school's board of trustees must establish a process for monthly board meetings held at 'the charter school.

New increased oversight measures are enacted to require that a charter must be revised before a charter school may relocate to an existing public school building, and the charter school must demonstrate that the relocation is acceptable to the parents or guardians of the students enrolled in that building. Furthermore, during the renewal process, the charter entity must consider a demonstration of the efforts taken by the charter school to attract and retain high-need students.

In addition, changes are made to the charter school law to provide that applicants may propose to establish schools to specifically serve students who are in need of special assistance and support, such as students with disabilities and English language learners.

In order to provide for transparency and accountability in the admis- sions process, SED is required to develop a uniform application form for students applying to charter schools that will have to be made available by the charter school in the languages predominantly spoken in the community where the charter school is located. In addition, the commis- sioner of education is required to issue regulations to ensure that the enrollment lottery is conducted in an equitable manner and that the time and location of the lottery is publicized in a manner that is consistent with the open meetings law.

In addition, boards of education are authorized to issue request for proposals to contract with SED-approved educational management organiza- tions in order to turn around the lowest-achieving schools. This provides school districts with another option to implement successful transformation efforts pursuant to the federal Race to the Top grant.

Justification

In 1998, the Legislature approved a comprehensive charter school law, and several modifications were made to the law in 2007. In reviewing the impacts of this legislation, there have been instances of successes, but areas of concern have also been raised. This legislation seeks to provide for a new charter issuance process, and address issues of concern regarding the operation and management of charter schools, as well as enacting several new enhanced transparency and accountability measures.

Prior legislative history

New legislation.

Fiscal implications

This bill would make New York more competitive for additional federal funding available in the Race to the Top grant pursu- ant to the American Recovery and Reinvestment Act of 2009.

Effective date

Immediately, provided that sections 6, 6-a, 8, 9, 11, 13, 14, 15, 17, 19, 21, ,22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 35, and 38 shall take effect on January 1, 2011.