Relates to charter schools

Section two would require any renewal application to include an audit report on whether the charter school during the term of the charter complied with all applicable laws, including the not-for-profit corporation laws.

Section three provides that a charter cannot be renewed for any charter school that, during the term of the charter, failed to (1) meet the goals set forth in the application, (2) improve student achievement, or (3) meet the statutory objectives of a charter school.

Section four would require any student withdrawal to be accompanied by a written certification that the student withdrew voluntarily without undue influence by school officials.

Section five sets forth the procedures for suspending a student enrolled in a charter school. Such procedures are consistent with those applicable to the suspension of public school students.

Section six would authorize the State Comptroller to audit student attendance and to recover any payments made to a charter school on behalf of students who have been dismissed or withdrew from the school during the school year.

Section seven would authorize the charter entity to revoke the charter of any school that equals or falls below the level that would allow the commissioner to revoke the registration of a public school, or that fails to comply with special education, ELL or free and reduced price lunch program student targets.

Section eight would add measures to be included in the school report card of a charter school, including:

*number of openings for new students prior to beginning of the new school year, by grade; *number of students who withdrew, dropped out or were dismissed and the reasons therefor; *number of teachers and administrators employed at the beginning of the school year, and their salaries, other compensation or bonuses; *number of teachers and administrators who left during or at the end of the school year, and the reasons therefor.

Section eight would also require the commissioner to issue a report by December 31, 2016 and every two years thereafter, which shall include withdrawal and dismissal rates of students enrolled in charter schools; the number of special education, ELL and free and reduced lunch students enrolled at each school; and the total amount of spent on administration by each charter school, as compared with public schools. Section nine sets forth the severability clause.

Section ten provides that the Act shall take effect immediately.

Justification

The original concept of charter schools is that when they are authorized, they would be given increased autonomy in return for greater accountability for improving and advancing student achievement. When the New York State charter school laws were first enacted in 1998, its statutory purpose was, among other goals, to improve student learning and achievement, and to increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are at-risk of academic failure.

Almost twenty years later, there remains an on-going debate whether charter schools in this State are in fact achieving their statutory goals; in particular, educating and retaining ELL students, students with disabilities, and students from under-served families, the very students that charter schools were created to serve. There is also a growing concern that charter schools routinely suspend or expel low performing students, or pressure them to withdraw from the school.

Despite repeated inquiry and requests, charter schools have not been forthcoming in providing the necessary data to determine the accuracy of these criticisms. Any form of accountability relies on transparency and the communication of accurate, relevant information.

This bill would, among other things:

1. increase the reporting requirements of charter schools and the commissioner of Education;

2. require charter schools to adhere to the same disciplinary rules and procedures as those imposed on public schools; and

3. clarify that charter schools that do not meet their statutory and contractual goals should not have their charters renewed.

Prior legislative history

New bill

Fiscal implications

Minimal

Effective date

Immediately