 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6757
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation to admission  to  charter
          schools
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision  2  of  section  2854  of  the
     2  education law, as amended by section 3 of subpart A of part B of chapter
     3  20 of the laws of 2015, is amended to read as follows:
     4    (b)  [Any] (i) In cities with a population of one million or more, any
     5  child who is qualified under the laws of this state for admission  to  a
     6  public school is qualified for admission to a charter school.
     7    (ii)  Any  child  who  is  qualified  under the laws of this state for
     8  admission to a public school building not  in  good  standing  with  the
     9  department is qualified for admission to a charter school.
    10    (iii)  Any  child  who  is  qualified under the laws of this state for
    11  admission to a public school building in good standing with the  depart-
    12  ment  is not qualified for admission to a charter school unless a parent
    13  in a parental relationship with such child provide a  justification  and
    14  educational-based  reasoning  to the superintendent of the public school
    15  district which such school building is located in. The department  shall
    16  create  a  document  to  help a parent in a parental relationship with a
    17  child provide such  justifications  and  educational-based  reasons  and
    18  distribute such document to all public school buildings in good standing
    19  with  the  department.  No  charter  school shall admit a student from a
    20  public school building in good standing with the  department  until  the
    21  justification  and educational-based reasoning document has been submit-
    22  ted to the superintendent of such public  school  district  pursuant  to
    23  this subparagraph. This subparagraph shall not apply to school buildings
    24  in  good standing with the department which are located in cities with a
    25  population of one million or more.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10276-02-1

        A. 6757                             2
 
     1    (b-1) Applications for admission to a charter school shall be  submit-
     2  ted on a uniform application form created by the department and shall be
     3  made  available by a charter school in languages predominately spoken in
     4  the community in which such charter school is located. The school  shall
     5  enroll  each  eligible  student  who submits a timely application by the
     6  first day of April each year, unless the number of applications  exceeds
     7  the  capacity  of  the  grade level or building. In such cases, students
     8  shall be accepted from among applicants by a random  selection  process,
     9  provided,  however,  that  an enrollment preference shall be provided to
    10  pupils returning to the charter school in the second or  any  subsequent
    11  year  of  operation  and pupils residing in the school district in which
    12  the charter school is located, and siblings of pupils  already  enrolled
    13  in  the  charter  school. Preference may also be provided to children of
    14  employees of the charter  school  or  charter  management  organization,
    15  provided  that  such  children  of employees may constitute no more than
    16  fifteen percent of the charter school's total  enrollment.  The  commis-
    17  sioner  shall establish regulations to require that the random selection
    18  process conducted pursuant to this paragraph be performed in a transpar-
    19  ent and equitable manner and to require that the time and place  of  the
    20  random  selection  process be publicized in a manner consistent with the
    21  requirements of section one hundred four of the public officers law  and
    22  be  open to the public. For the purposes of this paragraph and paragraph
    23  (a) of this subdivision, the school district in which the charter school
    24  is located shall mean, for the city school district of the city  of  New
    25  York, the community district in which the charter school is located.
    26    §  2.  This act shall take effect on the first of July next succeeding
    27  the date on which it shall have become a law. Effective immediately, the
    28  addition, amendment and/or repeal of any rule  or  regulation  necessary
    29  for  the implementation of this act on its effective date are authorized
    30  to be made and completed on or before such effective date.
Relates to admission to charter schools

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