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

Section 2: Requires the code of ethics articulated in the charter school application to include standards regarding conflicts of interest

Section 3: Requires charter school applicants to demonstrate the efforts that will be taken to attract and retain high-need students.

Section 4: Allows the State Comptroller to audit charter schools at his or her discretion.

Section 5: 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 6: Directs the Commissioner of Education to create a uniform student application for all charter schools and that 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.

Section 7: Certifies that a charter school may focus its services on students in need of assistance, including English language learners and students with disabilities.

Section 8: Requires charter schools to make the annual reports more widely available to the public through posting on the schools website, distribution to the local newspapers and availability at charter school board meetings. Also requires inclusion of any audits conducted by the State Comptroller in their annual report.

Section 9: Requires charter school annual reports to include information regarding the charter school's efforts to recruit and retain high-need students in the existing school year and their plans to attract, recruit and retain such students in the coming school year.

Section 10: Requires the Board of Regents annual report on charter schools include the number of charter schools that were closed in the prior year and the reason for closing.

Section 11: 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 12: Severability clause.

Section 13: Effective date.

Justification

This legislation strengthens the accountability and transparency of public funded, but independently operated charter schools.

The public's confidence in charter schools will be allowing the state comptroller to conduct audits of charter school finances and requiring charter school trustees and employees to be held to the same conflict of interest and ethical obligations as elected school board members.

Requiring a common application for all charter schools will simplify the process for parents seeking to enroll their child in a charter school and lessen the potential for any "cherry picking" of students.

Through prohibited by law from discriminating in admissions, evidence has shown that special needs students such as students with disabilities and English language learners are under-represented in some charter schools. A recent investigation conducted by the State University of New York's Charter School Institute found evidence that an administrator at one charter school had been denying admission or wait-listing students with disabilities. The parents of students who did not perform well on certain tests were counseled that the school was "not a good fit" or would have their applications denied. This legislation will permit greater public scrutiny of the enrollment practices and procedures of charter schools to ensure all students have equal access.

Under this legislation, charter schools will also be required to make their annual reports more widely available to the public including the posting of audits.

Because charter schools are supposed to serve as laboratories of innovation, this bill would also require the Board of Regents to identify best practices and make such information available to school districts.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This legislation takes effect immediately.