Relates to the provision of special education services at charter schools

Section 2 amends 2853(1)(b) provides the authority for charter schools to provide special education and English Language Learner services to students enrolled at charter schools operated by other charter school education corporations.

Section 3 of the bill amends section 2853(1)(b-1) of the education law by adding a new subparagraph (C) to authorize a charter school to provide programs and services to its students at a different location while being deemed to be operating at a single site.

Section 4 of the bill amends section 2853(4)(a) of the education law, as amended by chapter 378 of the laws of 2007 by clarifying that a charter school may provide special education programs and services by contracting with another charter school or a board of cooperative educational services either on site at the charter school or at another location. This section further clarifies that such services shall not be BOCES aidable.

Section 4-a of the bill amends section 2853(4)(a) of the education law, as amended by chapter 378 of the laws of 2007 by clarifying that a charter school may provide special education programs and services by contracting with another charter school or a board of cooperative educational services either on site at the charter school or at another location. This section further clarifies that such services shall not be BOCES aidable.

Section 5 of the bill provides for an immediate effective date.

Justification

Charter schools have been encouraged to serve greater numbers of students who are English Language Learners and students with disabilities but have not been adequately equipped to provide such services. This bill would better enable charter schools to serve more such students by authorizing BOCES to contract with charter schools to better enable charter schools and by allowing charter schools to provide programs and services at other locations.

Allowing a charter school to provide services at an alternative site, for example, a BOCES or other charter school, would allow for several charter schools to pool their resources and serve students with similar needs at the same location. This consortia approach, for example, would allow one charter school to provide a particular service and contract with other charter schools with students in need of that service, without having to re-enroll through a lottery. Today when a student is enrolled in a charter school through the lottery process, but the charter school cannot implement the student's individual education plan because of a lack of resources, the student is typically returned to the public school. The disruption of educational services can be detrimental to the student and is directly contrary to the wishes of the parent to enroll their child in a charter school. This bill will allow charter schools to appropriately serve students with disabilities.

Existing education law mandates that charter schools make "good faith efforts to attract and retain" students with disabilities and students who are English language learners. Existing law also requires charter schools to meet enrollment targets for these categories of students which are comparable to the school district or, in New York City, the community school district in which the charter school is located. Currently, charter schools remain at a disadvantage in meeting enrollment targets for students with disabilities and who are English language learners due to the fact that they do not operate their own committee on special education, their students are not mandated to enroll in the school and, if they choose to enroll, must do so through a random selection process.

Enactment of this bill will enable charter schools to attract and retain more students with disabilities or who are English language learners by contracting with BOCES to provide specialized services in a similar manner as it provides to district schools and by providing services to students from other charter schools through a contractual arrangement to establish a consortia. This latter arrangement also avoids the need and complication for students with similar disabilities to re-enroll in another charter school providing the needed service and ensures a charter school remains within the statutory requirement to operate at a single site.

Legislative history

2015: S. 2132 - Education 2014: S. 2450A - Passed Senate 2013: S. 2450 - Rules 2012: S. 7122 - Passed Senate

Fiscal implications

None

Effective date

Immediately.