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

Summary of provisions

This legislation provides for the establishment of a new process to issue charters. The board of regents and the board of trustees of the state university of New York (SUNY Trustees) are each authorized to develop a request for proposals process for 260 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. One hundred thirty of the new charters would be issued on the recommendation of the SUNY Trustees, of which no more than 57 may be for charter schools located in New York City. Of the additional 130 charters issued by the board of regents, no more than 57 may be for charter schools to be located in New York City. The first request for proposals pursuant to this process will be issued by August 1, 2010 for a maximum of 32 charters for each the board of regents and the SUNY trustees. The board of regents and the SUNY trustees must issue a new request for proposals on January 1, 2011, for 33 charters each, on January 1, 2012 for 32 charters each, and on January 1, 2013 for 33 charters each.

Charter schools will have to meet enrollment and retention targets of students with disabilities, English language learners (ELLs), and students eligible for the free and reduced price lunch program (FRPLs) and undergo a rigorous public review process. A repeated failure to meet enrollment and retention targets could be grounds for revocation of a charter.

The board of regents and the SUNY Trustees must 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 graduation rates and focusing on serving specific high school student populations, 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, demonstrating the management and leadership techniques to operate a thriving, financially viable charter school, and demonstrating the support of the school district in which the proposed charter school will be located.

New procedures are enacted for co-locations of charter schools in public school buildings in New York City. The chancellor would be

required to develop a building usage plan for each co-located charter school, which would include information such as the actual allocation and sharing of classroom and administrative space, a proposal for the collaborative usage of shared resources, building safety, and communication and collaborative decision-making strategies. An expedited appeal may be made regarding the determination to locate or co-locate a charter school in a public school building and the implementation of and compliance with the building usage plan. In addition, capital improvements or facility upgrades in excess of $5,000 made to a co-located charter school will require a matching capital improvement in the co-located non-charter public schools.

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 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.

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 available. A new component is added to the annual report, requiring information on the charter school's efforts taken during the current year, and a plan for subsequent years, to meet or exceed enrollment and retention targets of students with disabilities, ELLs, and FRPLs. 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 municipal 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.

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.

SED is required to develop a uniform application form for students applying to charter schools that will have to be made available by the charier school in the languages predominantly spoken in the community where the charter school is located. In addition, the commissioner 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.

Existing law

Under Article 56 of the Education Law, rules governing charter schools are specified, including the total number of charters being issued, the process by which they are issued, the duration of such charters and various other requirements to establishing and operating charter schools.

Statement in support

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.

Budget implications

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

Effective date

Immediately, provided that sections 6,19,21 and 23 shall take effect on January 1, 2011.