What's happening
This bill requires charter schools to follow the same suspension procedures as public schools, ensuring due process for students.
Why it matters
Ensures charter school students have the same legal protections as public school students when facing suspension,. including rights to a hearing and notice, which can help prevent arbitrary or unfair disciplinary practices.
Requires charter school boards to act as the authority responsible for suspensions,. mirroring the role of public school boards and superintendents, increasing transparency and accountability in disciplinary decisions.
May reduce disparities in how suspensions are handled between public and charter schools,. supporting more equitable treatment of students regardless of the type of school they attend.
Could lead to changes in charter school disciplinary policies and training,. as staff must now comply with detailed procedures that may be new or more stringent than current practices.
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Who cares
Headline styles
Charter Suspension Rules Required
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
800
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring certain procedures for charter school students facing suspension
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 2 of section 2854 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows:
(d) A student may withdraw from a charter school at any time and enroll in a public school. A charter school may refuse admission to any student who has been expelled or suspended from a public school until the period of suspension or expulsion from the public school has expired, consistent with the requirements of due process. A student may only be suspended from a charter school in accordance with the provisions of subdivision three of section thirty-two hundred fourteen of this chapter.
(i) The terms "superintendent", "superintendent of schools", "district superintendent of schools" or "community superintendent", as used in subdivision three of section thirty-two hundred fourteen of this chapter, as they relate to charter schools shall mean the chairperson of the board of trustees of the charter school.
(ii) The terms "board of education" or "board" as used in subdivision three of section thirty-two hundred fourteen of this chapter, as they relate to charter schools, shall mean the board of trustees of the charter school.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01541-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to requiring certain procedures for charter school students facing suspension
Purpose or general idea of bill
To provide equal due process for students who attend charter schools and those who attend public schools.
Summary of specific provisions
The bill would amend § 2854-2(d) of the education law. Section 2854-2(d)(d) A student may withdraw from a charter school at any time and enroll in a public school. A charter school may refuse admission to any student who has been expelled or suspended from a public school until the period of suspension or expulsion from the public school until the period of suspension or expulsion from the public school has expired, consistent with the requirements of due process. A student may only be suspended from a charter school in accordance with the provisions of subsection 3 of section 3214 of education law.
(d-l) The terms "superintendent, superintendent of schools, district superintendent of schools or community superintendent" as used in subsection 3 of section 33214 of education law, as it relates to charter schools, shall mean the chairperson of the charter school board of trus- tees.
(d-2) The terms "board of education or board" as used in subsection 3 of section 3214 of education law, as it related to charter schools, shall mean the full charter school board of trustees.
Justification
There has been an ongoing debate between how New York City students are treated in public schools versus charter schools. Charter schools have been set up to have a more disciplined and structured environment that is intended for better performance. Children who are suspended in public schools in the state of New York must have due process rights safe guarded before said suspension could occur. However, students being suspended in charter schools do not have these due process rights. This bill will guarantee that charter school students have the same due proc- ess rights in regard to suspension as public school students.
Prior legislative history
2018: S.5802 - Referred to Education / A.5869 - Referred to Education
2017: S.5802 - Referred to Education / A.5869 - Referred to Education
2016: S.4270 - Referred to Education / A.5706 - Referred to Education
2015: S.4270 - Referred to Education / A.5706 - Referred to Education
2014: S.4353 - Referred to Education / A.5789 - Referred to Education
2013: S.4353 - Referred to Education / A.5789 - Referred to Education
2012: A.10135 - Referred to Education
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.