Provides for submission of applications of charter schools to be made to the board of education of the local school district and to the chancellor, where appropriate

Section two amends §2851(3) of the Education Law to specify that applications to establish charter schools be submitted not only to the chartering entity, but also to the Board of Education or in New York City, to the Chancellor for approval. Amends §2851(4) of the Education Law to clarify that charters issued prior to April 1, 2008 can be renewed solely through the charter entity which originally approved the charter.

Section three amends §2852(1) of the Education Law. Requires a school board of the district of location or the Chancellor to approve a charter application before a charter entity can act on it. Requires a school district to act on a charter school application that is received prior to July 1st on or before October 1st. Requires the school board or the Chancellor to forward, within 7 days of approving a charter application, the application to the appropriate charter entity and a specified form stating that the school board or Chancellor has acted to approve the charter application. Requires that the denial of an application be put in writing and include the reasons for denial. Also, states that the denial is final. Amends §2852(3) of the Education Law to require that modifications or supplements to a charter school application be approved by the school board of the district of location or the Chancellor before a charter entity can act on the charter school application. Amends §2852(7) of the Education Law to require that a revision of a charter has to be approved by the school board of the district of location or the Chancellor, in addition to the charter entity and the board of regents.

Section four amends §2853(2) of the Education Law to give the school board of the district of location and Chancellor oversight over charter schools. Currently, only the Board of Regents and the charter entity have oversight over charter schools.

Existing law

Under the current charter school construct, the board of education of the school district where the charter school is located or the Chancellor is given virtually no say in the establishment, the renewal, or the continued oversight of the charter school. Nevertheless, the school district is required to pay directly to the charter school for each student enrolled in the charter school an amount equal to 100% of the "expense per pupil".

Justification

The per capita costs associated with the education of a child in a particular public school (exclusive of building aid) follows that child to the charter school (also, by definition, a public school). The "sending" public school must still contend with virtually all of the same costs -- e.g., salaries of its employees, benefits (including health and pension costs), bond indebtedness, etc. Rarely, if ever, does the departure of one or several students afford any cost savings to the "sending" school. Nonetheless, a distinction can be made between independent and dependent school districts. The latter not having an independently elected school board authorized to raise its own revenues, and the former, the overwhelmingly prevalent means of school district governance having that ability. Unlike independent school districts, the local governing authority of a dependent school district (the mayor and the city council) may choose to provide revenue to support charter schools.

Competition should be welcomed in virtually all endeavors, including education. Charter schools encourage innovative ideas that can potentially improve the quality of education. Nevertheless, given the fiscal implications of charter schools on the district of location, the district must be given the authority to approve an initial application and then; renew the charter. The district should also have continued oversight of the charter school. Of the 42 states which have charter schools, 18 require local school district approval.

School districts, like Albany and Buffalo, have seen a tremendous growth in resident student enrollment in charter schools. The aim of this bill is to provide much needed relief to districts that have seen a significant drain in financial resources due to charter school tuition payments.

Legislative history

06/24/08 Committee to Rules

Fiscal implications

EFFECTIVE DATE : This act shall take effect immediately.