Bill Text: NY A04105 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the New York state charter school commission to promote equity and diversity in educational leadership and prioritize the issuance of new charters to community-based organizations run by individuals from historically underrepresented communities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to education [A04105 Detail]
Download: New_York-2023-A04105-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4105 2023-2024 Regular Sessions IN ASSEMBLY February 9, 2023 ___________ Introduced by M. of A. DICKENS -- read once and referred to the Commit- tee on Education AN ACT to amend the education law and the tax law, in relation to enact- ing the public education racial equity and diversity act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "public 2 education racial equity and diversity act". 3 § 2. Subdivision 6, paragraph (a) of subdivision 7, the opening para- 4 graph and paragraph (a) of subdivision 9, paragraph (a), the opening 5 paragraph of paragraph (b) and subparagraph (viii) of paragraph (c) of 6 subdivision 9-a of section 2852 of the education law, subdivision 6 as 7 added by chapter 4 of the laws of 1998, paragraph (a) of subdivision 7 8 as amended by section 2 of part D2 of chapter 57 of the laws of 2007, 9 the opening paragraph and paragraph (a) of subdivision 9 and paragraph 10 (a), the opening paragraph of paragraph (b) and subparagraph (viii) of 11 paragraph (c) of subdivision 9-a as amended by section 2 of subpart A of 12 part B of chapter 20 of the laws of 2015, are amended and a new subdivi- 13 sion 11 is added to read as follows: 14 6. The denial of an application, or the denial of a request for 15 revision to an application, for a charter school by a charter entity 16 shall be in writing and shall state the reasons for the denial. 17 Notwithstanding any provision of law to the contrary, such denial is 18 final and shall not be reviewable in any court or by any administrative 19 body with the exception of the New York state charter school commission 20 established pursuant to the provisions of subdivision eleven of this 21 section. 22 (a) A revision of a charter shall be made only upon the approval of 23 the charter entity and the board of regents in accordance with the 24 provisions of subdivisions five-a and five-b of this section, or as 25 authorized under subdivision eleven of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02767-01-3A. 4105 2 1 The total number of charters issued pursuant to this article statewide 2 shall not exceed [four] seven hundred [sixty] ninety-six. (a) All char- 3 ters issued on or after July first, two thousand fifteen and counted 4 toward the numerical limits established by this subdivision shall be 5 issued by the board of regents upon application directly to the board of 6 regents or on the recommendation of the board of trustees of the state 7 university of New York pursuant to a competitive process in accordance 8 with subdivision nine-a of this section. Fifty of such charters issued 9 [on or after] between July first, two thousand fifteen and July first, 10 two thousand twenty-three, and no more, shall be granted to a charter 11 for a school to be located in a city having a population of one million 12 or more. To promote equity and diversity in educational leadership and 13 prioritize the issuance of new charters to community-based organizations 14 run by individuals from historically underrepresented communities, three 15 hundred thirty-six of such charters issued on or after July first, two 16 thousand twenty-three, and no more, shall be granted to a charter for a 17 school to be managed by a board of trustees and school-based management 18 or leadership team, where both of which will be comprised of at least 19 fifty-one percent of members who meet the ethnic definition of minority 20 group member set forth in article fifteen-A of the executive law. The 21 failure of any body to issue the regulations authorized pursuant to this 22 article shall not affect the authority of a charter entity to propose a 23 charter to the board of regents or the board of regents' authority to 24 grant such charter. A conversion of an existing public school to a char- 25 ter school, or the renewal or extension of a charter approved by any 26 charter entity, shall not be counted toward the numerical limits estab- 27 lished by this subdivision. 28 (a) The board of regents is hereby authorized and directed to issue 29 [four] seven hundred [sixty] ninety-six charters statewide upon either 30 applications submitted directly to the board of regents or upon the 31 recommendation of the board of trustees of the state university of New 32 York pursuant to a competitive request for proposals process. 33 The board of regents shall make a determination to issue a charter 34 pursuant to a request for proposals no later than December thirty-first 35 of each year. 36 The board of regents and the board of trustees of the state university 37 of New York shall each develop such request for proposals in a manner 38 that facilitates a thoughtful review of charter school applications, 39 considers the demand for charter schools by the community, promotes 40 equity and diversity in educational leadership, and seeks to locate 41 charter schools in a region or regions where there may be a lack of 42 alternatives and access to charter schools would provide new alterna- 43 tives within the local public education system that would offer the 44 greatest educational benefit to students. Applications shall be evalu- 45 ated in accordance with the criteria and objectives contained within a 46 request for proposals. The board of regents and the board of trustees of 47 the state university of New York shall not consider any applications 48 which do not rigorously demonstrate that they have met the following 49 criteria: 50 (viii) promoting diversity in educational leadership and increasing 51 the number of education leaders from historically underrepresented 52 communities by establishing a board of trustees and school-based manage- 53 ment or leadership team of at least fifty-one percent of members who 54 meet the ethnic definition of minority group member set forth in article 55 fifteen-A of the executive law;A. 4105 3 1 (ix) demonstrating the support of the school district in which the 2 proposed charter school will be located and the intent to establish an 3 ongoing relationship with such school district. 4 11. (a) For the purposes of this subdivision the term "commission" 5 shall mean the New York state charter school commission established 6 pursuant to this subdivision. A New York state charter school commission 7 is established as an independent commission with statewide chartering 8 jurisdiction and authority. The commission shall only be under the 9 authority of the board of regents for administrative purposes. The board 10 of regents shall provide administrative support to the commission as 11 needed and requested by the commission. 12 (b) The commission shall be responsible for approving charter schools 13 statewide with a focus on approving charters to community-based organ- 14 izations run by individuals from historically underrepresented communi- 15 ties. 16 (c) The commission shall consist of nine members to be comprised of 17 three members proposed by the board of regents, three members proposed 18 by the board of trustees of the state university of New York, and three 19 members proposed by the governor. The board of regents shall approve 20 these appointments subject to a majority vote of approval for each 21 proposed appointee by the education committee for the Black, Puerto 22 Rican and Asian legislative caucus of the New York state assembly, with- 23 in sixty days after the effective date of this subdivision and sixty 24 days prior to the expiration of the term of a member thereafter. If the 25 board of regents, the board of trustees of the state university of New 26 York, or the governor fails to timely propose a slate of candidates 27 according to the provisions of this subdivision, then the education 28 committee for Black, Puerto Rican and Asian legislative caucus of the 29 New York state assembly shall appoint the member or members of the 30 commission. 31 (d) Members appointed to the commission shall collectively possess 32 strong experience and expertise in public and nonprofit governance, 33 management and finance, public school leadership, higher education, 34 assessments, curriculum and instruction, and public education law. All 35 members of the commission shall have demonstrated understanding of and a 36 commitment to public education, including without limitation charter 37 schooling. At least six members shall have past experience with urban 38 charter schools, and at least six members shall meet the ethnic defi- 39 nition of minority group member as defined in article fifteen-A of the 40 executive law. 41 (e) To establish staggered terms of office, the initial term of office 42 for three commission members shall be four years and thereafter shall be 43 four years; the initial term of office for another three members shall 44 be three years and thereafter shall be four years; and the initial term 45 of office for the remaining three members shall be two years and there- 46 after shall be four years. The initial appointments shall be made no 47 later than October first, two thousand twenty-three. 48 (f) Whenever a vacancy on the commission exists, the education commit- 49 tee for the Black, Puerto Rican and Asian legislative caucus of the New 50 York state assembly shall appoint a member for the remaining portion of 51 the term. 52 (g) The commission shall have the responsibility to review denials of 53 applications as well as denials of requests for revisions to applica- 54 tions issued pursuant to subdivision six of this section upon receipt of 55 written appeal from the denied applicant. Such responsibility takes 56 effect immediately upon appointment of the initial members of theA. 4105 4 1 commission pursuant to paragraph (e) of this subdivision. Appeals pend- 2 ing at the time of initial appointment shall be determined by the 3 commission. The commission may extend the time for review as necessary 4 for thorough review, but in no case shall the extension exceed the time 5 that would have been available had the appeal been submitted to the 6 commission on the date of appointment of its initial members. In any 7 appeal filed with the commission under this article, both the applicant 8 and the charter entity that issued the denial shall have the right to 9 request a hearing before the commission. If more than one entity 10 requests a hearing, then the commission shall hold only one hearing, 11 wherein the applicant and the charter entity shall have an equal oppor- 12 tunity to present their respective positions. 13 (h) Any charter school authorized by the commission shall have its 14 authorization transferred to the commission, which shall then become the 15 school's authorizer for all purposes under this article. Any charter 16 school authorized by charter entities other than the commission may seek 17 transfer of authorization to the commission during its current term with 18 the approval of a majority of the trustees or members of the board of 19 education for the school district in which the school is located. Notice 20 of a charter entity's decision to deny, revoke, or not renew a charter 21 shall be provided to the commission, as shall a charter entity's deci- 22 sion to deny a request for revision to an application for a charter 23 school. Upon receipt of written appeal from the denied applicant and in 24 accordance with paragraph (g) of this subdivision, the commission may 25 reverse a charter entity's decision if the commission finds that the 26 charter school, the charter school proposal, or the charter school's 27 request for a revision to its application is (i) in compliance with this 28 article; and (ii) in the best interests of the students it is designed 29 to serve. 30 (i) Notwithstanding other provisions of this article, if the commis- 31 sion on appeal reverses a charter entity's decision to deny, revoke, or 32 not renew a charter or a charter's request for revision to its applica- 33 tion, or if a charter school successfully seeks transfer of authori- 34 zation to the commission pursuant to paragraph (h) of this subdivision, 35 the commission shall act as the authorized chartering entity for the 36 charter school. The commission shall approve the charter or the request 37 for revision to the charter's application and shall perform all charter 38 entity functions set forth in this article. 39 § 3. Section 679-j of the education law, as added by section 1 of part 40 AA of chapter 56 of the laws of 2018, is amended to read as follows: 41 § 679-j. The New York state teacher loan forgiveness program. 1. 42 Purpose. The president shall grant student loan forgiveness awards for 43 the purpose of increasing the number of teachers serving in the state, 44 generally, and the number of teachers serving in the state who meet the 45 ethnic definition of minority group member, specifically. 46 2. Eligibility. To be eligible for an award pursuant to this subdivi- 47 sion, applicants shall (a) be certified as a teacher; (b) be employed 48 full time in this state in an elementary or secondary school; (c) comply 49 with subdivisions three and five of section six hundred sixty-one of 50 this part; (d) have an outstanding student loan debt; and (e) meet one 51 of the following criteria: 52 (i) teach in a shortage subject area; 53 (ii) teach in a hard to staff district; [or] 54 (iii) the applicant is economically disadvantaged, as defined by the 55 corporation[.]; orA. 4105 5 1 (iv) the applicant meets the ethnic definition of minority group 2 member as defined in article fifteen-A of the executive law. 3 3. Definitions. For the purposes of this section[,]: 4 (a) the term "shortage subject area" shall mean a curriculum subject 5 matter or practice of teaching where there is a shortage of teachers in 6 New York state, as designated by the department[, and]; 7 (b) the term "hard to staff school districts" shall mean school 8 districts that have a shortage of teachers, as designated by the depart- 9 ment[.]; and 10 (c) the term "minority group member" shall mean a United States citi- 11 zen or permanent resident alien who is and can demonstrate membership in 12 one of the following groups: 13 (i) Black persons having origins in any of the Black African racial 14 groups; 15 (ii) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 16 Cuban, Central or South American of either Indian or Hispanic origin, 17 regardless of race; 18 (iii) Native American or Alaskan native persons having origins in any 19 of the original peoples of North America; 20 (iv) Asian and Pacific Islander persons having origins in any of the 21 Far East countries, South East Asia, the Indian subcontinent or the 22 Pacific Islands. 23 4. Priority. Such awards shall be made annually to applicants in the 24 following priority: 25 (a) First priority shall be given to applicants who have received 26 payment of an award pursuant to this section in a prior year and who, in 27 the year prior to application, are teachers [in] (i) in a subject short- 28 age area, [or] (ii) in a hard to staff school district, or (iii) who 29 meet the ethnic definition of minority group member; 30 (b) Second priority shall be given to applicants who have not received 31 payment of an award pursuant to this section in a prior year and who are 32 teachers [in] (i) in a subject shortage area, [or] (ii) in hard to staff 33 school district, or (iii) who meet the ethnic definition of minority 34 group member in the year prior to such application; and 35 (c) Third priority shall be given to applicants who are economically 36 disadvantaged as defined by the corporation. 37 5. Awards. The corporation shall grant awards pursuant to the amount 38 appropriated for such purpose and based on availability of funds in an 39 amount up to [five] ten thousand dollars to individuals who are employed 40 full-time as teachers for the school year prior to such application, 41 provided that no recipient shall receive an award that exceeds the total 42 remaining balance of the student loan debt pursuant to this section[, in43excess of twenty thousand dollars]. 44 6. Rules and regulations. The corporation is authorized to promulgate 45 rules and regulations and may promulgate emergency regulations necessary 46 for the implementation of the provisions of this section. In the event 47 that there are more applicants who have the same priority, as provided 48 in subdivision four of this section, than there are remaining awards, 49 the corporation shall provide in regulation the method of distributing 50 the remaining number of such awards, which may include a lottery or 51 other form of random selection. 52 § 4. The education law is amended by adding three new sections 3004-d, 53 3004-e and 3004-f to read as follows: 54 § 3004-d. Alternative teacher certification requirements. 1. Teacher 55 certification compliance. An education corporation may submit to their 56 charter authorizer and a district school may submit to its local educa-A. 4105 6 1 tion agency as defined in section three thousand thirty-two of this 2 article, for approval of an instructional program as defined in subdivi- 3 sion two of this section for teachers who meet the ethnic definition of 4 minority group member set forth in article fifteen-A of the executive 5 law as well as the requirements set forth in this section. The require- 6 ments of an approved instructional program under this section shall be 7 considered equivalent to the certification requirements applicable to 8 other public schools of the state for the purposes of paragraph (a-1) of 9 subdivision three of section twenty-eight hundred fifty-four of this 10 chapter. For the purposes of this section the term "applicant" shall 11 refer to any education corporation or district school who submits for 12 approval of an instructional program pursuant to this section. 13 2. Instructional program. An applicant may at any time submit a 14 proposed instructional program to its charter authorizer or local educa- 15 tion agency for approval. If a charter authorizer has denied an applica- 16 tion or revoked or closed an instructional program, the applicant may 17 submit a revised proposed instructional program to its charter authoriz- 18 er or appeal the denial to the New York state charter school commission 19 established pursuant to subdivision eleven of section twenty-eight 20 hundred fifty-two of this chapter. In order to be eligible to apply, an 21 applicant shall be approved to operate at least one school. An instruc- 22 tional program shall not be eligible for approval unless it meets the 23 minimum requirements set forth in this section. 24 3. Academic success requirements. a. The applicant shall have a demon- 25 strated record of academic success as follows: 26 (i) For an education corporation, fifty percent of applicant's charter 27 schools with students participating in grades three through eight state 28 administered standardized English language arts and mathematic assess- 29 ments examinations shall have performed better on such examinations than 30 the district schools in the school districts in which the charter 31 schools are located; 32 (ii) For an education corporation that offers instruction in the high 33 school grades, such charter schools shall have met sixty percent of 34 their accountability plan pursuant to the performance agreement with 35 their charter authorizer; or 36 (iii) For an education corporation that offers instruction in grades 37 three through eight and the high school grades, the applicant's charter 38 authorizer shall weigh the grades accordingly; or 39 (iv) For district schools that primarily offers education to a special 40 population, including a student with disabilities or a student who is an 41 English language learner, such schools shall have performed better than 42 the students of the applicable special population in the school 43 districts in which the charter school is located and at least one of the 44 applicant's schools shall have received a renewal within the last five 45 years and if two or more education corporations are applying together, 46 at least one school from each education corporation shall meet the stan- 47 dard set forth in this subparagraph. For purposes of this subparagraph, 48 the school district in which a charter school is located shall mean, for 49 the city school district of the city of New York, the community district 50 in which a charter school is located. 51 b. An education corporation shall be authorized to contract with an 52 institution of higher education to provide an instructional program 53 pursuant to this section, provided however, that the institution of 54 higher education shall not have had a graduate-level teacher and leader 55 education program suspended or deregistered by the department at any 56 time.A. 4105 7 1 c. The applicant shall maintain high standards for candidates includ- 2 ing completion of a master's degree in education or bachelor's degree or 3 higher in any subject area from an accredited institution with a cumula- 4 tive grade point average of 3.0 or higher, or its equivalent, or shall 5 have been found to have the necessary knowledge and skills to success- 6 fully complete the program as determined by its authorizer. 7 4. Certificate titles requirements. a. Certificate titles offered by 8 an instructional program may include, but are not limited to: 9 (i) Childhood education (pre-kindergarten through sixth grade); 10 (ii) Secondary education (fifth grade through twelfth grade) with 11 specialization in primary subject areas which may include, but are not 12 limited to: 13 (A) Humanities; 14 (B) Mathematics; and 15 (C) Science; 16 (iii) Childhood students with disabilities (pre-kindergarten through 17 sixth grade); 18 (iv) Secondary students with disabilities (fifth grade through twelfth 19 grade); 20 (v) Childhood English for speakers of other languages (pre-kindergar- 21 ten through sixth grade); and 22 (vi) Secondary English for speakers of other languages (fifth grade 23 through twelfth grade). 24 b. The instructional program shall include: 25 (i) One hundred sixty clock hours of classroom instruction content, 26 including content core study and pedagogical core study, which shall 27 provide the necessary knowledge base, understanding, and skills for 28 teaching students in the respective grade levels, and in the respective 29 subject areas, for the certification being sought. The one hundred sixty 30 clock hours are in addition to any credit hours earned by candidates as 31 part of the required bachelor's degree referenced in paragraph c of 32 subdivision three of this section. For the purposes of this subparagraph 33 "classroom instruction content" shall include curriculum and content 34 specific to the certification being sought, instructional strategies and 35 planning, classroom and behavioral management, and shall be designed to 36 prepare candidates to instruct students with a range of abilities and 37 differentiate instruction to enhance the learning of all students in the 38 content areas of the certificate. A candidate may seek dual certif- 39 ication in two different titles, for which the one hundred sixty total 40 clock hours shall be appropriate for the dual titles being sought. If 41 one of the titles sought is students with disabilities, at least twenty 42 of the one hundred sixty clock hours shall include the additional 43 students with disabilities training required pursuant to paragraph e of 44 this section. 45 (ii) Forty clock hours of field experience appropriate to the certif- 46 ication being sought, with at least six of the forty hours focused on 47 meeting the needs of students with disabilities, with the candidate 48 primarily responsible for classroom instruction, and under supervision 49 of an experienced teacher with the following qualifications: 50 (A) certified in the subject, area or grade range of instruction, as 51 applicable; or 52 (B) uncertified teachers who: 53 (1) have at least three years of satisfactory elementary, middle or 54 secondary classroom experience; or 55 (2) are tenured, tenure track or adjunct college faculty; orA. 4105 8 1 (3) have two years of satisfactory experience through the Teach for 2 America program or similar programs as determined by the applicant's 3 authorizer. 4 c. A candidate may seek a dual certification in two different titles, 5 for which the candidate shall complete forty total field hours, with 6 approximately one-half of such field hours focused on each certification 7 title sought. 8 d. Candidates teaching within the initial three-year period of certif- 9 ication shall receive periodic mentoring by a principal, assistant prin- 10 cipal, a teacher qualified to oversee field experience pursuant to 11 subparagraph (ii) of paragraph b of this subdivision, or a qualified 12 instructional program instructor pursuant to paragraph e of this subdi- 13 vision which shall be designed to meet the individual learning needs of 14 the candidate. 15 e. The following additional coursework shall also be included in the 16 instructional program if such coursework is necessary for the titles 17 sought: 18 (i) Completion of a workshop approved by the department on the proper 19 process to report child abuse and neglect in accordance with subdivision 20 two of section three thousand four of this article; 21 (ii) Completion of a workshop approved by the department on school 22 violence intervention and prevention in accordance with subdivision 23 three of section three thousand four of this article; 24 (iii) Six clock hours of coursework or training on harassment, bully- 25 ing and discrimination prevention and intervention, as such terms are 26 defined in section eleven of this chapter in accordance with the 27 purposes of subdivision five of section fourteen of this chapter; and/or 28 (iv) For candidates seeking certification in students with disabili- 29 ties or English for speakers of other languages, classroom instruction 30 shall focus on developing knowledge, understanding, and skills for 31 teaching students with disabilities or students who are English 32 language learners, respectively, including enhanced coursework or train- 33 ing. Field experience shall be completed under the supervision of a 34 teacher certified in students with disabilities or English for speakers 35 of other languages, respectively, and the candidate seeking certif- 36 ication shall spend: 37 (A) For students with disabilities, a majority of a candidate's expe- 38 rience hours shall be in an integrated co-teaching classroom or a class- 39 room otherwise providing special services or programs as such term is 40 defined in section forty-four hundred one of this chapter; 41 (B) For English for speakers of other languages, a majority of candi- 42 date's required forty clock hours of field experience in a bilingual 43 education, English as a new language or integrated English as a new 44 language classroom as such terms are defined in part one hundred fifty- 45 four of title eight of the New York codes, rules and regulations or an 46 equivalent classroom providing services to students who are English 47 language learners; 48 (C) For students with disabilities, in addition to the forty hours of 49 required field experience, an additional forty hours observing and work- 50 ing with students with an individualized education program; 51 (D) For English for speakers of other languages, in addition to the 52 forty clock hours of required field experience, an additional forty 53 clock hours observing and working with students who are English language 54 learners as such term is defined in section 154-2.2 of title eight of 55 the New York codes, rules and regulations; andA. 4105 9 1 (E) For students with disabilities, at least ten clock hours of 2 coursework or training in the law, regulations and appropriate tech- 3 niques to address discipline of students with disabilities in accordance 4 with the individuals with disabilities education act and any regulations 5 promulgated thereunder. 6 f. An instructional program instructor shall: 7 (i) be a classroom teacher who has earned at least a bachelor's degree 8 from an accredited institution and has two years teaching experience; 9 (ii) be an administrator of the applicant who either: 10 (A) previously worked as a classroom teacher who would have qualified 11 as instructors under subparagraph (i) of this paragraph; or 12 (B) is a school administrator; or 13 (iii) has the expertise, advanced study, or licensure appropriate to 14 the field to teach effectively the course to which they are assigned in 15 the appropriate depth and breadth as determined by the department. 16 Individuals qualified under this subparagraph shall be eligible only to 17 teach a portion of the instructional program limited to the course in 18 which they hold such expertise, advanced study, or licensure. Eligibil- 19 ity of an individual to teach such course shall be subject to prior 20 approval by the applicant's authorizer. 21 g. Candidates enrolled in an instructional program shall be regularly 22 assessed on all aspects of the proposed course of study. Assessment 23 methods may include, but need not be limited to, testing, portfolio 24 reviews, or demonstration of pedagogical knowledge and skills, and shall 25 include a final assessment utilizing one or more such method to deter- 26 mine whether the candidate has satisfactorily demonstrated the competen- 27 cies included in the instructional program. Such final assessment may be 28 either the state teacher certification examination, the educating all 29 students test, or an examination which measures, at a minimum, all 30 required elements of the educating all students test, and is approved by 31 the department. For a candidate seeking certification in students with 32 disabilities, such candidate shall be additionally assessed with the New 33 York state content specialty test in students with disabilities or an 34 examination which measures, at a minimum, all required elements of the 35 content specialty test, and is approved by the applicant's authorizer. 36 5. Approval of instructional program. a. Applicants may submit 37 proposed instructional programs to their authorizers. Such proposals 38 shall include information explaining the need for the instructional 39 program and shall specify how the proposed instructional program will 40 meet the requirements of this section including by providing: 41 (i) Proof that the applicant has a demonstrated record of success; 42 (ii) A list of the certificates that will be offered by the appli- 43 cant's instructional program; 44 (iii) The required candidate qualifications; 45 (iv) The qualifications of instructional program instructors; 46 (v) The requirements for certification as a "certified intern teach- 47 er"; 48 (vi) The competencies required for each certificate offered; 49 (vii) An overview of the classroom instruction to be offered as part 50 of the instructional program including how program instructors will 51 train candidates on how to teach students critical thinking skills; and 52 (viii) The assessment methods to be used including the final assess- 53 ment. 54 b. A proposed instructional program shall be approved or denied within 55 ninety days of submission to the applicant's authorizer. If the appli- 56 cant's authorizer does not approve an instructional program within theA. 4105 10 1 timeframe set forth in this paragraph, the application shall be automat- 2 ically approved. The authorizer may, but is not required to, permit the 3 applicant to amend the application during or after the review period. 4 The authorizer shall state the general reasons for a denial of an appli- 5 cation in writing. There shall be no review of a denial by the committee 6 or the board of trustees except as consistent with subdivision eleven of 7 section twenty-eight hundred fifty-two of this chapter. 8 c. Once the authorizer approves an applicant's instructional program, 9 the applicant shall commence instruction of candidates in accordance 10 with the application and the requirements of this section. 11 d. The requirements of an approved instructional program shall be 12 considered equivalent to the certification requirements applicable to 13 other public schools of the state for purposes of paragraph (a-1) of 14 subdivision three of section twenty-eight hundred fifty-four of this 15 chapter. 16 6. Teacher certifications. a. A teacher enrolled in an approved 17 instructional program shall be granted certification in the following 18 manner and subject to the following conditions: 19 (i) If a candidate teacher is making adequate progress toward meeting 20 the requirements of an approved instructional program, the candidate 21 shall be eligible to receive a certificate as a "certified intern teach- 22 er" so long as the candidate stays enrolled in the instructional program 23 and the applicant has specified in its application what constitutes 24 "adequate progress" as defined by the department for purposes of this 25 subparagraph. A certified intern teacher's certificate shall be valid 26 for no longer than six months from the date it is granted, provided that 27 such certificate may be renewed if the candidate teacher is still 28 enrolled in the instructional program. To receive such certificate, an 29 approved applicant shall submit the names of candidate teachers who 30 qualify to the authorizer, whereupon such candidate teachers shall be 31 issued such certificate. The applicant shall certify as to the truthful- 32 ness of such submission and shall retain all responsibility and liabil- 33 ity resulting from such approval; or 34 (ii) If a candidate teacher has met the requirements of an approved 35 instructional program in one or more of the titles designated in subdi- 36 vision four of this section shall be eligible to receive a teacher's 37 certificate for such title or titles. To receive such certificate, the 38 candidate teacher shall submit documentation thereof to an approved 39 applicant, which shall approve or deny the teacher candidate for certif- 40 ication within sixty days of submission. Such determination will be 41 based on: 42 (A) A review of submitted documentation demonstrating that the candi- 43 date teacher has completed an approved instructional program for the 44 title or titles sought; 45 (B) A review of the results of a criminal history record search of the 46 candidate teacher performed by the department at the direction of an 47 education corporation as required under paragraph (a-2) of subdivision 48 three of section twenty-eight hundred fifty-four of this chapter. For 49 purposes of this section, the term "criminal history record" shall mean 50 a record of all convictions of crimes and any pending criminal charges 51 maintained on an individual by the division of criminal justice services 52 and the federal bureau of investigation; and 53 (C) A recommendation from the approved instructional program certify- 54 ing that the candidate teacher has satisfactorily demonstrated the 55 competencies required by the instructional program. For candidate teach- 56 ers seeking certification as a students with disabilities teacher or anA. 4105 11 1 English for speakers of other languages teacher, such recommendation 2 will specifically certify that the candidate teacher has satisfactorily 3 demonstrated the competencies required by the instructional program to 4 teach students with disabilities or students who are English language 5 learners, respectively. 6 b. The approved applicant shall submit the names and supporting 7 documentation of all candidate teachers approved to the applicant's 8 charter authorizer, whereupon such candidate teachers will be issued 9 such certificate. The applicant shall certify as to the validity of such 10 approval for certification under this subdivision and shall retain all 11 responsibility and liability resulting from such approval. 12 c. Notwithstanding subdivision one of this section, a teacher holding 13 a valid teaching certificate in good standing issued by another state 14 that substantially complies with all other requirements of this section 15 shall be eligible to receive a teacher's certificate pursuant to this 16 section without participation in an approved instructional program. 17 d. The certification created by this section shall be transferrable to 18 another education corporation or district school even if the transferee 19 school does not have an approved instructional program. 20 e. A teacher's certificate issued pursuant to this section shall 21 expire three years from the date it is granted. In the case of a teacher 22 who obtains an intern teacher's certificate prior to obtaining a teach- 23 er's certificate, the period of time teaching under the intern teacher's 24 certificate prior to obtaining a full teacher's certificate shall be 25 included for purposes of calculating the three-year period. Such certif- 26 ication may be renewed and remain valid provided that: 27 (i) The teacher is employed by a charter school issued pursuant to 28 article fifty-six of this chapter or a district school; and 29 (ii) The employing education corporation submits to its authorizer, or 30 in the case of a district school its local education agency, a recommen- 31 dation for certification renewal based on its review of the teacher's 32 performance over the course of his or her employment at the education 33 corporation or district school. 34 f. An applicant shall obtain a signed affirmation from each candidate 35 acknowledging that the candidate has been informed by the applicant and 36 is aware that the certification the candidate will receive pursuant to 37 this section is not transferrable to any education corporation or char- 38 ter school not authorized by an authorized New York charter entity or in 39 the case of a district school approved for transfer by its local educa- 40 tion agency. Such executed affirmation shall be obtained upon enrollment 41 in an approved instructional program and shall be retained by the appli- 42 cant for a period of not less than ten years from the date of the latest 43 certificate issuance. 44 7. Accounting. Each applicant with an approved instructional program 45 shall reflect the budgeted costs for the instructional program separate- 46 ly in its annual budget, and specifically account for the costs thereof 47 in its financial statements. Applicants shall not charge employees or 48 others for access to their instructional programs. 49 8. Accountability and revocation. a. Each applicant shall be account- 50 able for the quality of its instructional programs leading to exemption 51 from certification. Charter entities and local education agencies 52 reserve the right to independently assess and monitor all approved 53 instructional programs and may revoke approval at any time. Failure to 54 comply with any provision of this section may result in revocation of 55 the approval.A. 4105 12 1 b. Notice of intent to revoke approval shall be provided to the appli- 2 cant at least thirty days prior to the effective date of the proposed 3 revocation. Such notice shall include a statement of reasons for the 4 proposed revocation. A school closure for academic reasons shall be 5 deemed notice of intent to review and possibly revoke the approval of an 6 instructional program. 7 c. If applicable, the applicant shall be allowed at least thirty days 8 to correct the problems associated with the proposed revocation. Non- 9 curable causes of revocation include, but are not limited to, fraud, 10 creation of false business records and obstruction of investigation or 11 monitoring by the applicant's authorizer. Prior to revocation of the 12 approval, an applicant shall be provided an opportunity to be heard by 13 the applicant's authorizer, consistent with the requirements of due 14 process. There shall be no appeal of such determination to the committee 15 or the board of trustees except in accordance with subdivision eleven 16 of section twenty-eight hundred fifty-two of this chapter. 17 § 3004-e. Record keeping requirements. 1. Records and information 18 regarding an applicant's instructional program pursuant to section three 19 thousand four-d of this article shall be maintained by the applicant. 20 Upon request by the applicant's authorizer, such records and information 21 shall be available for inspection, or for delivery of copies to the 22 applicant's authorizer. The applicant shall also grant its authorizer 23 access to any electronic databases where records or information are 24 stored regardless of whether the applicant is the custodian of such 25 information. 26 2. Such records shall include, but not be limited to: 27 a. Candidate records including, but not limited to: 28 (i) clock hour attendance; 29 (ii) clock hour instructors; 30 (iii) student teaching dates and classes; 31 (iv) student teaching clock hour accumulation; 32 (v) student teaching instructors; 33 (vi) workshop attendance records; 34 (vii) records reflecting the number of years of teaching experience; 35 (viii) college transcripts; 36 (ix) records reflecting whether a candidate is making adequate 37 progress in the instructional program pursuant to section three thousand 38 four-d of this article; and 39 (x) the date of completion of the instructional program and the title 40 of certification earned; 41 b. Instructor qualification records including, but not limited to: 42 (i) college transcripts; 43 (ii) records reflecting the number of years of teaching experience; 44 (iii) teacher certification records; and 45 (iv) certification records; and 46 c. Records regarding institutions of higher education and outside 47 vendors used as part of the instructional program pursuant to section 48 three thousand four-d of this article including, but not limited to, 49 contracts and financial records. 50 3. Each applicant shall provide teachers and former teachers with 51 copies of any certification records pursuant to this section, and at no 52 more than the cost set forth in the state freedom of information law. 53 4. An applicant shall store certification records for a minimum of ten 54 years. 55 § 3004-f. Additional provisions regarding instructional programs. 1. 56 Limitations and conditions. Sections three thousand four-d and threeA. 4105 13 1 thousand four-e of this article shall not affect any certification 2 approved by the department nor shall it waive any conditions imposed on 3 holders of such teacher certifications. All teachers in education corpo- 4 rations shall continue to comply with the conditions in an education 5 corporation's charter agreement and any conditions imposed by sections 6 three thousand four-d and three thousand four-e of this article, includ- 7 ing but not limited to the criminal background check requirements. 8 2. Teachers of record. Whether or not an education corporation oper- 9 ates an instructional program, when the applicant's authorizer reviews 10 teacher certification, the authorizer will continue to use the concept 11 of a teacher of record for a classroom of students. By whatever name, if 12 one instructional leader of a classroom is properly certified or exempt 13 from certification under section three thousand four-d of this article, 14 the other teachers or adults in the classroom, however designated, are 15 not also required to be certified or exempt from certification for the 16 same group of students. 17 3. Non-material revision. The approval, revocation or voluntary cessa- 18 tion of an instructional program shall not be a material revision to the 19 charter of the applicant requiring formal revision under subdivision 20 seven of section twenty-eight hundred fifty-two of this chapter. 21 § 5. Subsection (i) of section 601 of the tax law is relettered 22 subsection (j) and a new subsection (i) is added to read as follows: 23 (i) To increase the number of minority teachers serving the state's 24 significantly high-need schools, qualifying individuals shall be eligi- 25 ble for income tax exemption in accordance with the following: 26 (1) Notwithstanding the provisions of subsections (a), (b), (c) and 27 (d) of this section and any other provision of this article, for taxable 28 years beginning after January first, two thousand twenty-four, one 29 hundred percent of the gross income shall be exempt from tax under this 30 article as well as all other local taxes regardless of whether such 31 income is subject to federal income taxation to each resident of the 32 state who has qualifying service in the taxable year for which the 33 exemption is claimed. 34 (2) For the purposes of this subsection, "qualifying service" shall 35 mean a service provided by a person who: 36 (A) is certified as a teacher; 37 (B) is employed full time in this state in an elementary or secondary 38 school that has been designated as a "significantly high-need school", 39 as defined in section thirty-six hundred fourteen of the education law; 40 (C) complied with subdivision five of section six hundred sixty-one of 41 the education law; and 42 (D) meets the ethnic definition of minority group member as defined 43 in article fifteen-A of the executive law. 44 § 6. Severability. If any provision of this act, or any application 45 of any provision of this act, is held to be invalid, that shall not 46 affect the validity or effectiveness of any other provision of this act, 47 or of any other application of any provision of this act, which can be 48 given effect without that provision or application; and to that end, the 49 provisions and applications of this act are severable. 50 § 7. This act shall take effect on the sixtieth day after it shall 51 have become a law. Effective immediately, the addition, amendment and/or 52 repeal of any rule or regulation necessary for the implementation of 53 this act on its effective date are authorized to be made and completed 54 on or before such effective date.
