Requires charter schools to enroll children with disabilities and English language learners in comparable numbers to those enrolled in public schools

BILL NUMBER:S3987

Title of bill

An act to amend the education law, in relation to requiring charter schools to enroll children with disabilities and English language learners in comparable numbers to those enrolled in public schools

Purpose or general idea of bill

This bill will make charter schools enroll disabled children and English language learners in numbers comparable to the school district which they serve.

Summary of specific provisions

Paragraph a of subdivision 2 of section 2854 of the education law, as amended by section 5 of part 0-2 of chapter 57 of the laws of 2007, is amended to read that "a charter school must enroll the same or a greater percentage of students with disabilities and limited English proficient students when compared to the enrollment figures for such students in the school district in which the charter school is located. Failure to comply for two consecutive years shall be deemed grounds for revocation of the charter".

Justification

Charter schools are often given the "average cost" per student from a school district. This "average cost" includes not only students with average needs, but also those with special needs. These students, such as disabled students or those requiring special help to learn English as a second language cost more than ordinary students. For this reason, it is often a disincentive for charter schools to work toward providing a comfortable environment for students requiring special help. Charter schools must be required to expend the same number of their resources in order to help with students that require special help.

Prior legislative history

This bill has been introduced in the Assembly.

Fiscal implications

None.

Effective date

This act shall take effect immediately.