Bill Text: NY A04458 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides additional requirements; applies additional prohibitions to charter schools.
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Introduced) 2024-01-03 - referred to education [A04458 Detail]
Download: New_York-2023-A04458-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4458 2023-2024 Regular Sessions IN ASSEMBLY February 16, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law and the state finance law, in relation to charter schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2851 of the education law, as 2 amended by chapter 101 of the laws of 2010, is amended to read as 3 follows: 4 1. An application to establish a charter school may be submitted by 5 teachers, parents, school administrators, community residents or any 6 combination thereof. Such application may be filed in conjunction with 7 a college, university, museum, educational institution, not-for-profit 8 corporation exempt from taxation under paragraph 3 of subsection (c) of 9 section 501 of the internal revenue code or for-profit business or 10 corporate entity authorized to do business in New York state. Provided 11 however, for-profit business or corporate entities shall not be eligible 12 to submit an application to establish a charter school pursuant to 13 subdivision nine-a of section twenty-eight hundred fifty-two of this 14 article, or operate or manage a charter school for a charter issued 15 pursuant to subdivision nine-a of section twenty-eight hundred fifty-two 16 of this article. For charter schools established in conjunction with a 17 for-profit or not-for-profit business or corporate entity, the charter 18 shall specify the extent of the entity's participation in the management 19 and operation of the school. 20 § 2. Paragraph (h) of subdivision 2 of section 2851 of the education 21 law, as added by chapter 4 of the laws of 1998, is amended to read as 22 follows: 23 (h) The rules and procedures by which students may be disciplined[,24including but not limited to expulsion or suspension from the school,25which shall be consistent with the requirements of due process and withEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07966-01-3A. 4458 2 1federal laws and regulations governing the placement of students with2disabilities] shall be in accordance with the provisions of subdivisions 3 two-a, three and three-a of section thirty-two hundred fourteen of this 4 chapter. The charters of all charter schools that were issued on or 5 before July first, two thousand twenty-three shall be deemed amended to 6 require compliance with the procedures set forth in subdivisions two-a, 7 three and three-a of section thirty-two hundred fourteen of this 8 chapter. 9 § 3. Paragraph (e) of subdivision 4 of section 2851 of the education 10 law, as added by chapter 101 of the laws of 2010, is amended to read as 11 follows: 12 (e) The means by which the charter school will meet or exceed the 13 enrollment [and retention targets as prescribed by the board of regents14or the board of trustees of the state university of New York, as appli-15cable, of students with disabilities, English language learners, and16students who are eligible applicants for the free and reduced price17lunch program which shall be considered by the charter entity prior to18approving such charter school's application for renewal. When developing19such targets, the board of regents and the board of trustees of the20state university of New York shall ensure (1) that such enrollment21targets are comparable to the enrollment figures of such categories of22students attending the public schools within the school district, or in23a city school district in a city having a population of one million or24more inhabitants, the community school district, in which the charter25school is located; and (2) that such retention targets are comparable to26the rate of retention of such categories of students attending the27public schools within the school district, or in a city school district28in a city having a population of one million or more inhabitants, the29community school district, in which the proposed charter school would be30located] requirements of subparagraph (ii) of paragraph (b) of subdivi- 31 sion two of section twenty-eight hundred fifty-four of this article. 32 § 4. Subdivision 2 of section 2852 of the education law, as amended by 33 section 2 of part D2 of chapter 57 of the laws of 2007, is amended to 34 read as follows: 35 2. An application for a charter school shall not be approved unless 36 the charter entity finds in writing that: 37 (a) the charter school described in the application meets the require- 38 ments set out in this article and all other applicable laws, rules and 39 regulations; 40 (b) the applicant can demonstrate the ability to operate the school in 41 an educationally and fiscally sound manner; 42 (c) granting the application is likely to improve student learning and 43 achievement and materially further the purposes set out in subdivision 44 two of section twenty-eight hundred fifty of this article; and 45 (d) in a school district where the total enrollment of resident 46 students attending charter schools in the base year is greater than five 47 percent of the total public school enrollment of the school district in 48 the base year (i) granting the application would have a significant 49 educational benefit to the students expected to attend the proposed 50 charter school [or] and (ii) the school district in which the charter 51 school will be located consents to such application. 52 In reviewing applications, the charter entity is encouraged to give 53 preference to applications that demonstrate the capability to provide 54 comprehensive learning experiences to students identified by the appli- 55 cants as at risk of academic failure. Upon making a determination of 56 whether an application for a charter school shall be approved, the char-A. 4458 3 1 ter entity shall provide detailed written findings related to each of 2 the requirements in this subdivision, which shall be made available to 3 the charter school applicant, board of regents and the school district 4 in which the proposed charter school would be located. 5 § 5. Subdivision 5 of section 2852 of the education law, as amended by 6 chapter 101 of the laws of 2010, is amended to read as follows: 7 5. (a) Upon approval of an application by a charter entity, the appli- 8 cant and charter entity shall enter into a proposed agreement allowing 9 the applicants to organize and operate a charter school. Such written 10 agreement, known as the charter, shall include [(a)] (i) the information 11 required by subdivision two of section twenty-eight hundred fifty-one of 12 this article, as modified or supplemented during the approval process, 13 [(b)] (ii) in the case of charters to be issued pursuant to subdivision 14 nine-a of this section, information required by such subdivision, [(c)] 15 (iii) a provision prohibiting the charter school from entering into, 16 renewing or extending any agreement with a for-profit or not-for-profit 17 corporate or other business entity for the administration, management or 18 operation of the charter school unless the agreement requires such enti- 19 ty to provide state and local officers having the power to audit the 20 charter school pursuant to this article with access to the entity's 21 records relating to the costs of, and fees for, providing such services 22 to the school, (iv) any other terms or conditions required by applicable 23 laws, rules and regulations, and [(d)] (v) any other terms or condi- 24 tions, not inconsistent with law, agreed upon by the applicant and the 25 charter entity. In addition, the charter shall include the specific 26 commitments of the charter entity relating to its obligations to oversee 27 and supervise the charter school. Within five days after entering into a 28 proposed charter, the charter entity other than the board of regents 29 shall submit to the board of regents a copy of the charter, the applica- 30 tion and supporting documentation for final approval and issuance by the 31 board of regents in accordance with subdivisions five-a and five-b of 32 this section. 33 (b) No charter school having a charter that was issued and approved on 34 or before the effective date of this paragraph shall enter into, renew 35 or extend the duration of any agreement with a for-profit or not-for- 36 profit corporate or other business entity for the administration, 37 management or operation of the charter school unless the agreement 38 requires such entity to provide state and local officers having the 39 power to audit the charter school pursuant to this article with access 40 to the entity's records relating to the costs of, and fees for, provid- 41 ing such services to the school. Any agreement entered into, renewed or 42 extended in violation of this section shall be null, void and wholly 43 unenforceable, and a violation of this section shall be grounds for 44 revocation or termination of a charter pursuant to section twenty-eight 45 hundred fifty-five of this article. 46 § 6. Subparagraph (i) of paragraph (b) of subdivision 9-a of section 47 2852 of the education law, as amended by section 2 of subpart A of part 48 B of chapter 20 of the laws of 2015, is amended to read as follows: 49 (i) that the proposed charter school would meet or exceed the enroll- 50 ment [and retention targets, as prescribed by the board of regents or51the board of trustees of the state university of New York, as applica-52ble, of students with disabilities, English language learners, and53students who are eligible applicants for the free and reduced price54lunch program. When developing such targets, the board of regents and55the board of trustees of the state university of New York, shall ensure56(1) that such enrollment targets are comparable to the enrollmentA. 4458 4 1figures of such categories of students attending the public schools2within the school district, or in a city school district in a city3having a population of one million or more inhabitants, the community4school district, in which the proposed charter school would be located;5and (2) that such retention targets are comparable to the rate of6retention of such categories of students attending the public schools7within the school district, or in a city school district in a city8having a population of one million or more inhabitants, the community9school district, in which the proposed charter school would be located] 10 requirements of subparagraph (ii) of paragraph (b) of subdivision two of 11 section twenty-eight hundred fifty-four of this article; and 12 § 7. Section 2853 of the education law is amended by adding a new 13 subdivision 2-b to read as follows: 14 2-b. In any case where a charter school enters into, renews or extends 15 any agreement with a for-profit or not-for-profit business or corporate 16 entity for the administration, management or operation of a charter 17 school, the charter school is required to have a formal contract with 18 such entity. Any such contract shall be reviewed and approved by the 19 charter entity. 20 § 8. Paragraph (a) of subdivision 3 of section 2853 of the education 21 law, as amended by chapter 101 of the laws of 2010, is amended to read 22 as follows: 23 (a) A charter school may be located in part of an existing public 24 school building, in space provided on a private work site, in a public 25 building or in any other suitable location. Provided, however, before a 26 charter school may be located in part of an existing public school 27 building, the charter entity shall provide notice to the parents or 28 guardians of the students then enrolled in the existing school building 29 and shall hold a public hearing for purposes of discussing the location 30 of the charter school. All contracts entered into by such charter 31 school, or any education corporation organized to operate a charter 32 school, or any other public entity, including the state, a public bene- 33 fit corporation, municipal corporation, or any private entity acting on 34 behalf of any of these entities, involving the construction, recon- 35 struction, demolition, excavation, rehabilitation, repair, renovation, 36 or alteration of any charter school facility shall be subject to the 37 requirements of section one hundred three of the general municipal law 38 and articles eight and nine of the labor law. A charter school may own, 39 lease or rent its space. 40 § 9. The opening paragraph and subparagraph 1 of paragraph (e) of 41 subdivision 3 of section 2853 of the education law, as added by section 42 5 of part BB of chapter 56 of the laws of 2014, are amended to read as 43 follows: 44 [In] Except as provided in subparagraph seven of this paragraph, a 45 city school district in a city having a population of one million or 46 more inhabitants, charter schools that first commence instruction or 47 that require additional space due to an expansion of grade level, pursu- 48 ant to this article, approved by their charter entity for the two thou- 49 sand fourteen--two thousand fifteen school year or thereafter and 50 request co-location in a public school building and demonstrates to the 51 city school district that the charter school does not have the financial 52 capacity to procure adequate facilities shall be provided access to 53 facilities pursuant to this paragraph for such charter schools that 54 first commence instruction or that require additional space due to an 55 expansion of grade level, pursuant to this article, approved by their 56 charter entity for those grades newly provided.A. 4458 5 1 (1) Notwithstanding any other provision of law to the contrary, within 2 the later of (i) five months after a charter school's written request 3 for co-location and (ii) provided that a charter school demonstrates 4 that it lacks the financial capacity to procure adequate facilities, 5 thirty days after the charter school's charter is approved by its char- 6 ter entity, the city school district shall either: (A) offer at no cost 7 to the charter school a co-location site in a public school building 8 approved by the board of education as provided by law, or (B) offer the 9 charter school space in a privately owned or other publicly owned facil- 10 ity at the expense of the city school district and at no cost to the 11 charter school for three years. The space must be reasonable, appropri- 12 ate and comparable and in the community school district to be served by 13 the charter school and otherwise in reasonable proximity. 14 § 10. Paragraph (e) of subdivision 3 of section 2853 of the education 15 law is amended by adding a new subparagraph 7 to read as follows: 16 (7)(A) No charter school that, either alone or in combination with any 17 charter affiliate, has any direct or indirect interest in, or may be 18 entitled to receive any beneficial interest from, any asset or assets of 19 any kind or nature that alone or combined have a value exceeding one 20 million dollars, shall be offered or entitled to receive: (i) a co-lo- 21 cation site in a public school building at no cost; or (ii) a space in a 22 privately or publicly owned facility at the expense of the city school 23 district. 24 (B) Nothing in this subparagraph shall prohibit a charter school from 25 receiving a co-location in a public building at fair market value unless 26 doing so would negatively impact the size of classes in any other school 27 in the building. 28 (C) As used in this subparagraph the term "charter affiliate" means: 29 (i) any entity that is directly or indirectly controlled by, in control 30 of, or under common control with, the charter school or (ii) any entity 31 that provides management, fundraising or other administrative support 32 services to the charter school. 33 § 11. Paragraph (c) of subdivision 4 of section 2853 of the education 34 law, as amended by section 1 of part BB of chapter 56 of the laws of 35 2014, is amended to read as follows: 36 (c) A charter school may contract with the governing body of a public 37 college or university for the use of a school building and grounds, the 38 operation and maintenance thereof. Any such contract shall provide such 39 services or facilities at [cost] fair market value. [A school district40shall permit any charter school granted approval to co-locate, to use41such services and facilities without cost.] 42 § 12. Section 2853 of the education law is amended by adding 3 new 43 subdivisions 5, 6 and 7 to read as follows: 44 5. Disclosure. (a) A charter school shall report: 45 (i) by the fifteenth day of February of each calendar year, the name, 46 address and total compensation paid to each person serving as a charter 47 executive in the previous calendar year; and 48 (ii) within thirty days of receipt, the name and address of any indi- 49 vidual, corporation, association, or entity providing a contribution, 50 gift, loan, advance or deposit of one thousand dollars or more to the 51 charter school or charter affiliate and the amount of each such contrib- 52 ution, gift, loan, advance or deposit. 53 (b) If a charter school either alone or together with any charter 54 affiliate has any direct or indirect interest in, or may be entitled to 55 receive any beneficial interest in, any asset or assets of any kind orA. 4458 6 1 nature, alone or together, with a value in excess of one million 2 dollars, the charter school shall: 3 (i) ensure that the financial statements of the charter school and 4 each charter affiliate conform to and are reported according to general- 5 ly accepted accounting principles; and 6 (ii) ensure that the financial statements of the charter school and 7 any charter affiliate are audited in accordance with generally accepted 8 auditing standards by an independent certified public accountant or an 9 independent public accountant, that such audit receives an "unqualified" 10 opinion as to, among other things, compliance with generally accepted 11 accounting principles and that such audit is completed within nine 12 months of the conclusion of the fiscal year. 13 (c) If a charter school either alone or together with any charter 14 affiliate has any direct or indirect interest in, or may be entitled to 15 receive any beneficial interest in, any asset or assets of any kind or 16 nature, alone or together, with a value in excess of one million 17 dollars, it shall also report by the fifteenth day of February of each 18 ensuing calendar year the following: 19 (i) the most recent audited financial statements of the charter school 20 and any charter affiliate which shall conform to and be reported accord- 21 ing to generally accepted accounting principles; 22 (ii) the most recent auditor's report on the financial statements of 23 the charter school and any charter affiliate; 24 (iii) the "unqualified" opinion received from the auditor of the most 25 recent financial statements as to, among other things, compliance with 26 generally accepted accounting principles; and 27 (iv) any compensation or remuneration, whether paid or given, includ- 28 ing but not limited to salary, bonus, and deferred compensation and any 29 benefit having monetary value, including but not limited to, perqui- 30 sites, fringe benefits, employer contributions to defined contribution 31 retirement plans and other retirement or severance benefits received by 32 a charter executive from any source. 33 (d)(i) Each report required by this subdivision shall be accompanied 34 by a statement, under oath, by the chairperson of the school's board of 35 trustees or other appropriate member of the board of trustees, that, 36 after the due inquiry, the reports are true and correct to the best of 37 his or her knowledge and have been provided to each member of the 38 school's board of trustees. 39 (ii) A charter school to which paragraphs (b) and (c) of this subdivi- 40 sion do not apply shall, by the fifteenth day of February of each calen- 41 dar year, submit a statement as part of its report pursuant to subpara- 42 graph (ii) of paragraph (a) of this subdivision, under oath, by the 43 chairperson of the school's board of trustees or other appropriate 44 member of the board of trustees, that, after the due inquiry, the char- 45 ter school either alone or together with any charter affiliate does not 46 have any direct or indirect interest in or may be entitled to receive 47 any beneficial interest in any asset or assets of any kind or nature, 48 alone or together, with a value in excess of one million dollars. 49 (e) Any report required pursuant to this subdivision shall be made to 50 the board of regents, the school's charter entity, and the comptroller 51 of the city of New York for charter schools located in New York city and 52 the comptroller of the state of New York for charter schools located 53 outside of the city of New York. The commissioner shall ensure that such 54 report is made publicly available via the department's official internet 55 website within five days of its receipt.A. 4458 7 1 (f) A charter school's failure to comply with the provisions of this 2 subdivision shall be a very significant factor in determining whether 3 the charter entity or the board of regents terminates the school's char- 4 ter. 5 (g) As used in this subdivision: 6 (i) "total compensation" shall include: (A) any compensation or remun- 7 eration, whether paid or given, by or on behalf of the charter school or 8 any charter affiliate, for services rendered to, on behalf of, or at the 9 request of the charter school, including but not limited to salary, 10 bonus, and deferred compensation and (B) any benefit having monetary 11 value provided by or on behalf of the charter school or any charter 12 affiliate, including but not limited to, perquisites, fringe benefits, 13 employer contributions to defined contribution retirement plans and 14 other retirement or severance benefits. 15 (ii) "charter affiliate" means: (A) any entity that is, directly or 16 indirectly, controlled by, in control of, or under common control with 17 the charter school or (B) any entity or affiliate thereof that provides 18 management, fundraising, or other administrative support services to the 19 charter school. 20 (iii) "charter executive" means: (A) an officer, director, trustee, 21 consultant, supervisory employee of a charter school or charter affil- 22 iate or (B) anyone who exerts operational or managerial influence or 23 control over the school including, but not limited to, influence or 24 control over the school through a charter management company. 25 6. Executive compensation. (a) No charter school shall provide any 26 compensation to any individual who is also an officer, director, trus- 27 tee, consultant, or employee of a charter affiliate or to any individual 28 who exerts operational or managerial influence or control over the 29 school through a charter affiliate. 30 (b)(i) No charter school or charter affiliate shall permit the total 31 compensation received by a charter executive to be greater than one 32 hundred ninety-nine thousand dollars per annum, including not only state 33 funds and state-authorized payments but also any other sources of fund- 34 ing, and greater than the seventy-fifth percentile of that compensation 35 provided to charter executives of other charter schools and charter 36 affiliates within the same or comparable geographic area as established 37 by a compensation survey identified, provided, or recognized by the 38 department and the director of the division of the budget. 39 (ii) If the department and the director of the division of the budget 40 find good cause after considering the factors set forth in subparagraph 41 (iv) of this paragraph, a waiver of the limit on total compensation that 42 a charter executive may receive may be granted, provided, however, that 43 in no event shall the total compensation exceed one hundred fifty 44 percent of Level I of the federal government's Rates of Basic Pay for 45 the Executive Schedule promulgated by the United States Office of 46 Personnel Management. 47 (iii) The application for a waiver must be filed no later than the 48 fifteenth day of February of the year for which the waiver is sought. 49 The application shall be transmitted in the manner and form specified by 50 the department and the director of the division of the budget. A waiver 51 may be only for the single calendar year in which it is granted. 52 (iv) The following factors, in addition to any other deemed relevant 53 by the department and the director of the division of the budget, shall 54 be considered in the determination of whether good cause exists to grant 55 a waiver:A. 4458 8 1 (A) the extent to which the executive compensation that is the subject 2 of the waiver request is comparable to that given to comparable charter 3 executives of charter schools or charter affiliates of the same size and 4 within the same or comparable geographic area; 5 (B) the extent to which the charter school would be unable to provide 6 educational services at the same levels of quality and availability 7 without a waiver of the limit on total compensation that a charter exec- 8 utive may receive; 9 (C) the nature, size, and complexity of the charter school or charter 10 affiliate's operations; 11 (D) the charter school or charter affiliate's review and approval 12 process for the total compensation that is the subject of the waiver, 13 including whether such process involved a review and approval by the 14 board of trustees of the school, whether such review was conducted by at 15 least two independent directors or independent members of the board of 16 trustees, whether such review included an assessment of comparability 17 data including a compensation survey, and a contemporaneous substanti- 18 ation of the deliberation and decision to approve the total compen- 19 sation; 20 (E) the qualifications and experience possessed by or required for the 21 charter executive's position; and 22 (F) the charter school or charter affiliate's efforts, if any, to 23 secure a charter executive with the same levels of experience, exper- 24 tise, and skills for the position of the charter executive at lower 25 levels of compensation. 26 (v) To be considered, an application for such a waiver shall comply 27 with this paragraph in its entirety. 28 (vi) Unless additional information has been requested but not received 29 from the charter school or charter affiliate, a decision on a timely 30 submitted waiver application shall be provided no later than sixty 31 calendar days after submission of the application. 32 (vii) If granted, a waiver to a charter executive shall remain in 33 effect for the calendar year it is issued in, but shall be deemed 34 revoked if: 35 (A) the total compensation that is the subject of the waiver 36 increases; or 37 (B) notice of revocation is provided to the charter executive at the 38 discretion of the department as a result of additional relevant circum- 39 stances. 40 (viii) Information provided in connection with a waiver application 41 shall be subject to public disclosure pursuant to article six of the 42 public officers law. 43 (ix) Where a waiver is granted, the department shall make it publicly 44 available via the department's official internet website within five 45 days. 46 (c) No charter school shall use funds received pursuant to section 47 twenty-eight hundred fifty-six of this article or allow a charter affil- 48 iate to use funds received from the charter school to provide a total 49 compensation to a charter executive greater than one hundred ninety-nine 50 thousand dollars per annum. 51 (d) Failure to comply with the provisions of this subdivision shall 52 result in the assessment of a penalty against the payor in an amount 53 equal to the amount of compensation paid or provided in violation of 54 this subdivision. 55 (e) A charter school's failure to comply with the provisions of this 56 subdivision shall be a very significant factor in determining whetherA. 4458 9 1 the charter entity or the board of regents terminates the school's char- 2 ter. 3 (f) As used in this subdivision: 4 (i) "total compensation" shall include: (A) any compensation or remun- 5 eration, whether paid or given, by or on behalf of the charter school or 6 any charter affiliate, for services rendered to, on behalf of, or at the 7 request of the charter school, including but not limited to salary, 8 bonus, and deferred compensation and (B) any benefit having monetary 9 value provided by or on behalf of the charter school or any charter 10 affiliate, including but not limited to, perquisites, fringe benefits, 11 employer contributions to defined contribution retirement plans and 12 other retirement or severance benefits. 13 (ii) "charter affiliate" means: (A) any entity that is, directly or 14 indirectly, controlled by, in control of, or under common control with 15 the charter school or (B) any entity or affiliate thereof that provides 16 management, fundraising, or other administrative support services to the 17 charter school. 18 (iii) "charter executive" means: (A) an officer, director, trustee, 19 consultant, supervisory employee of a charter school or charter affil- 20 iate or (B) anyone who exerts operational or managerial influence or 21 control over the school including, but is not limited to, influence or 22 control over the school through a charter management company. 23 7. Notification of disenrollment. Within five business days of a 24 student who was enrolled by the charter school ceasing to be enrolled, a 25 charter school shall notify the superintendent of the district in which 26 the charter school is located or, for charter schools located within the 27 geographic area served by the city school district of the city of New 28 York, the chancellor of the city school district of the city of New 29 York, of the name of such student. 30 § 13. Subparagraph 5 of paragraph (e) of subdivision 3 of section 2853 31 of the education law, as amended by section 11 of part A of chapter 54 32 of the laws of 2016, clause (B) as amended by section 5 of part YYY of 33 chapter 59 of the laws of 2017, is amended to read as follows: 34 (5) For a new charter school whose charter is granted or for an exist- 35 ing charter school whose expansion of grade level, pursuant to this 36 article, is approved by their charter entity, if the appeal results in a 37 determination in favor of the charter school, for six years the city 38 school district shall pay the charter school (A) for the initial three 39 years in which aid is payable, an amount attributable to the grade level 40 expansion or the formation of the new charter school that is equal to 41 the lesser of: 42 [(A)] (i) the actual rental cost of an alternative privately owned 43 site selected by the charter school or 44 [(B)] (ii) thirty percent of the product of the charter school's basic 45 tuition for the current school year and [(i)] (I) for a new charter 46 school that first commences instruction on or after July first, two 47 thousand fourteen, the charter school's current year enrollment; or 48 [(ii)] (II) for a charter school which expands its grade level, pursuant 49 to this article, the positive difference of the charter school's enroll- 50 ment in the current school year minus the charter school's enrollment in 51 the school year prior to the first year of the expansion; and 52 (B) in the fourth year, the city school district shall pay ninety 53 percent multiplied by the amount calculated pursuant to clause (A) of 54 this subparagraph; andA. 4458 10 1 (C) in the fifth year, the city school district shall pay sixty 2 percent multiplied by the amount calculated pursuant to clause (A) of 3 this subparagraph; and 4 (D) in the sixth year, the city school district shall pay thirty 5 percent multiplied by the amount calculated pursuant to clause (A) of 6 this subparagraph. 7 § 14. Paragraph (b) of subdivision 1 of section 2854 of the education 8 law, as amended by section 10-b of part A of chapter 56 of the laws of 9 2014, is amended to read as follows: 10 (b) A charter school shall meet the same health and safety, civil 11 rights, and student assessment requirements applicable to other public 12 schools, except as otherwise specifically provided in this article. A 13 charter school shall be exempt from all other state and local laws, 14 rules, regulations or policies governing public or private schools, 15 boards of education, school districts and political subdivisions, 16 including those relating to school personnel and students, except as 17 specifically provided in the school's charter or in this article. Noth- 18 ing in this subdivision shall affect the requirements of compulsory 19 education of minors established by part one of article sixty-five of 20 this chapter, nor shall anything in this subdivision affect the require- 21 ments of the charter school to comply with section one hundred three of 22 the general municipal law and articles eight and nine of the labor law 23 with respect to the construction, reconstruction, demolition, exca- 24 vation, rehabilitation, repair, renovation, or alteration of any charter 25 school facility. 26 § 15. Subdivision 2 of section 2854 of the education law, as added by 27 chapter 4 of the laws of 1998, paragraph (a) as amended by chapter 101 28 of the laws of 2010, and paragraph (b) as amended by section 3 of 29 subpart A of part B of chapter 20 of the laws of 2015, is amended to 30 read as follows: 31 2. Admissions; enrollment; students. (a) A charter school shall be 32 nonsectarian in its programs, admission policies, employment practices, 33 and all other operations and shall not charge tuition or fees; provided 34 that a charter school may require the payment of fees on the same basis 35 and to the same extent as other public schools. A charter school shall 36 not discriminate against any student, employee or any other person on 37 the basis of ethnicity, national origin, gender, or disability or any 38 other ground that would be unlawful if done by a school. Admission of 39 students shall not be limited on the basis of intellectual ability, 40 measures of achievement or aptitude, athletic ability, disability, race, 41 creed, gender, national origin, religion, or ancestry; provided, howev- 42 er, that nothing in this article shall be construed to prevent the 43 establishment of a single-sex charter school or a charter school 44 designed to provide expanded learning opportunities for students at-risk 45 of academic failure or students with disabilities and English language 46 learners; and provided, further, that the charter school shall demon- 47 strate good faith efforts to attract and retain [a comparable] an equal 48 or greater enrollment of students with disabilities, English language 49 learners, and students who are eligible applicants for the free and 50 reduced price lunch program when compared to the enrollment figures for 51 such students in the school district in which the charter school is 52 located. A charter shall not be issued to any school that would be whol- 53 ly or in part under the control or direction of any religious denomi- 54 nation, or in which any denominational tenet or doctrine would be 55 taught.A. 4458 11 1 (b) (i) Any child who is qualified under the laws of this state for 2 admission to a public school is qualified for admission to a charter 3 school. Applications for admission to a charter school shall be submit- 4 ted on a uniform application form created by the department and shall be 5 made available by a charter school in languages predominately spoken in 6 the community in which such charter school is located. [The] 7 (ii) A charter school shall enroll and continually keep enrolled the 8 minimum number of students in each of the following categories: (A) 9 students who are English language learners as defined in regulations of 10 the commissioner, (B) students who receive or are mandated to receive 11 any special education service, (C) students who have individual educa- 12 tion plans that mandate they receive services for at least sixty percent 13 of the school day outside the general education setting, (D) students 14 who are eligible to receive free lunch in accordance with title I of the 15 elementary and secondary education act, and (E) students who reside in 16 temporary or transitional housing. The minimum number of students a 17 charter school must enroll and continually keep enrolled in each such 18 category shall be the number of students that, as a percentage of the 19 students authorized to be served by the charter school in its charter, 20 is equal to the percentage of students in each category that non-charter 21 public schools in the district where the charter school is located 22 enrolled in the preceding June in all of the grades combined which are 23 served by the charter school. For purposes of this subparagraph, for the 24 city school district of the city of New York, district shall mean the 25 community school district and shall include all non-charter public 26 schools, except those in district seventy-five, geographically located 27 in the community school district. 28 (iii) Prior to a charter school selecting or enrolling students for 29 the next school year, the commissioner shall provide the charter school 30 with the minimum number of students it must enroll and continually keep 31 enrolled in each category pursuant to subparagraph (ii) of this para- 32 graph. The minimum number of students each charter school must enroll 33 and continually keep enrolled in each category pursuant to subparagraph 34 (ii) of this paragraph shall be made public by the commissioner no later 35 than five business days after it has been provided to the charter 36 school. 37 (iv) A charter school shall enroll each eligible student who submits a 38 timely application by the first day of April each year[,] unless the 39 number of applications exceeds the capacity of the grade level or build- 40 ing or would cause the charter school to be below the minimum number of 41 students it must enroll and continually keep enrolled in each category 42 pursuant to subparagraph (ii) of this paragraph. In such cases, students 43 shall be accepted from among applicants by a random selection process, 44 provided[, however,] that separate random selection processes shall be 45 conducted for students that are not in any category set forth in subpar- 46 agraph (ii) of this paragraph and for students in each category set 47 forth in subparagraph (ii) of this paragraph such that a charter school 48 enrolls at least the minimum number of students required pursuant to 49 subparagraph (ii) of this paragraph. 50 (v) Where a charter school does not enroll the minimum number of 51 students it must enroll and continually keep enrolled in each category 52 set forth in subparagraph (ii) of this paragraph, the charter school 53 shall hold open a sufficient number of enrollment spaces such that it is 54 possible for the charter school, consistent with its charter, to subse- 55 quently enroll the number of students required by subparagraph (ii) of 56 this paragraph.A. 4458 12 1 (vi) A charter school may provide an enrollment preference [shall be2provided] to pupils returning to the charter school in the second or any 3 subsequent year of operation and pupils residing in the school district 4 in which the charter school is located, and siblings of pupils already 5 enrolled in the charter school provided that the charter school enrolls 6 and continually keeps enrolled the minimum number of students required 7 in each category pursuant to subparagraph (ii) of this paragraph and 8 holds open the number of enrollment spaces as required by subparagraph 9 (v) of this paragraph. Preference may also be provided to children of 10 employees of the charter school or charter management organization, 11 provided that the charter school enrolls and continually keeps enrolled 12 the minimum number of students required in each category pursuant to 13 subparagraph (ii) of this paragraph and holds open the number of enroll- 14 ment spaces as required by subparagraph (v) of this paragraph and 15 provided further that such children of employees may constitute no more 16 than fifteen percent of the charter school's total enrollment. 17 (vii) For purposes of this paragraph, if a student withdraws from a 18 charter school as a result of a voluntary decision of the student's 19 parent or guardian and, as a direct result, the charter school no longer 20 has the minimum number of students in each category required pursuant to 21 subparagraph (ii) of this paragraph, the charter school shall neverthe- 22 less be considered to have continually kept enrolled the minimum number 23 of students required by subparagraph (ii) of this paragraph if, within 24 thirty days of the student being withdrawn, the charter school replaces 25 the student that was withdrawn with a different student such that the 26 charter school has the minimum number of students in each category 27 required pursuant to subparagraph (ii) of this paragraph, provided 28 however, that this subparagraph shall not apply (A) if the charter 29 school was already in violation of the requirements of subparagraph (ii) 30 of this paragraph at the time the student was withdrawn or (B) if the 31 decision of the student's parent or guardian was substantially motivated 32 by any action or inaction of the charter school, or any of its agents or 33 employees, that was in violation of any law, rule, or regulation. 34 (viii) (A) A charter school shall report the names of any parents or 35 guardians of students who are on a waitlist for enrollment in the char- 36 ter school to the superintendent of the district in which the charter 37 school is located or, for charter schools located within the geographic 38 area served by the city school district of the city of New York, the 39 chancellor of the city school district of the city of New York, whether 40 each such student is in one of the categories set forth in subparagraph 41 (ii) of this paragraph and, if so, which one. 42 (B) A charter school that, at any time, does not have enrolled the 43 minimum number of students required in each category pursuant to subpar- 44 agraph (ii) of this paragraph shall notify the superintendent of the 45 district in which the charter school is located or, for charter schools 46 located within the geographic area served by the city school district of 47 the city of New York, the chancellor of the city school district of the 48 city of New York, within five days of the date of the school being below 49 the minimum number of students. A separate notification shall be 50 provided each time a charter school's enrollment falls below the minimum 51 in any category pursuant to subparagraph (ii) of this paragraph. 52 (C) Where the superintendent of the district or the chancellor of the 53 city school district of the city of New York receives notification 54 pursuant to clause (B) of this subparagraph, he or she shall first offer 55 the enrollment spaces to any parents or guardians of students who are in 56 a category in which the charter school is below the minimum set forth inA. 4458 13 1 subparagraph (ii) of this paragraph who are on the school's waitlist, 2 then to any parents or guardians of students who are in a category in 3 which the charter school is below the minimum set forth in subparagraph 4 (ii) of this paragraph who are on the waitlist of another charter school 5 in the district in which the charter school is located or, for charter 6 schools located within the geographic area served by the city school 7 district of the city of New York geographically located in the community 8 school district, and then to any other parents or guardians of students 9 who are in a category in which the charter school is below the minimum 10 set forth in subparagraph (ii) of this paragraph who reside in the 11 district; such process of enrollment offers shall continue until the 12 charter school is no longer below such minimum in any category or such 13 superintendent or chancellor certifies there are no such students seek- 14 ing enrollment. 15 (D) Offers made pursuant to this subparagraph shall be made in writing 16 in the parent or guardian's primary language. Where an offer is made 17 pursuant to this subparagraph and the parent or guardian accepts, the 18 charter school shall enroll the student within five calendar days of the 19 offer being accepted. 20 (ix) (A) For each month during the school year, a charter school shall 21 report the number of students then enrolled, as of the first day of the 22 month, in each category set forth in subparagraph (ii) of this paragraph 23 and the number of students then enrolled, as of the first day of the 24 month, that are in none of the categories set forth in subparagraph (ii) 25 of this paragraph. 26 (B) Reports pursuant to this subparagraph shall be made to the board 27 of regents, the school's charter entity, the comptroller of the city of 28 New York for charter schools located in New York city and the comp- 29 troller of the state of New York for charter schools located outside of 30 the city of New York, and the superintendent of the district in which 31 the charter school is located or, for charter schools located within the 32 geographic area served by the city school district of the city of New 33 York, the chancellor of the city school district of the city of New 34 York. The commissioner shall ensure that such report is made publicly 35 available via such department's official internet website within five 36 days of its receipt. 37 (C) Reports pursuant to this subparagraph shall be made on the fifth 38 day of the ensuing month during the school year and shall be accompanied 39 by a statement, under oath, by the chairperson of the school's board of 40 trustees or other appropriate member of the board of trustees, that, 41 after the due inquiry, the reports are true and correct and have been 42 provided to each member of the school's board of trustees. 43 (x) The commissioner shall establish regulations to require that the 44 random selection [process] processes conducted pursuant to this para- 45 graph be performed in a transparent and equitable manner and to require 46 that the time and place of the random selection process be publicized in 47 a manner consistent with the requirements of section one hundred four of 48 the public officers law and be open to the public. [For] Except where 49 another definition is provided, for the purposes of this paragraph and 50 paragraph (a) of this subdivision, the school district in which the 51 charter school is located shall mean, for the city school district of 52 the city of New York, the community district in which the charter school 53 is located. 54 (xi) The commissioner may, by regulation, require the board of educa- 55 tion of each school district or the chancellor of the city school 56 district of the city of New York to provide to him or her such informa-A. 4458 14 1 tion as is necessary to calculate the minimum number of students a char- 2 ter school must enroll and continually have enrolled pursuant to subpar- 3 agraph (ii) of this paragraph. Such information shall be made public by 4 the commissioner within five business days of receipt. 5 (xii)(A) If a charter school fails to enroll the number of students 6 required by subparagraph (ii) of this paragraph the appropriate school 7 district shall withhold from the charter school's funding an amount 8 equal to the additional per pupil funding the charter school would have 9 received had each student not enrolled as required by subparagraph (ii) 10 of this paragraph been enrolled. 11 (B) Money withheld by the school district in accordance with this 12 subparagraph shall be returned to the commissioner for distribution to 13 each of the school districts, using an equitable formula determined by 14 the commissioner, provided the charter school or schools from which the 15 monies are withheld shall not be entitled to the return of any money 16 withheld pursuant to this subparagraph or any additional monies as a 17 result of the commissioner's distribution of funds pursuant to this 18 subparagraph. 19 (xiii) (A) No charter school shall first commence instruction if it is 20 operated by, managed by, affiliated with, in the same chain as, shares 21 the same management company as, or has any common charter applicant as, 22 a school that has been in violation, within the last two years, of the 23 enrollment requirements of subparagraph (ii) of this paragraph. 24 (B) No charter school shall expand beyond the grades with enrolled 25 students, even if such expansion is authorized by its charter, if it has 26 been in violation, within the last two years, of the enrollment require- 27 ments of subparagraph (ii) of this paragraph. 28 (C) A charter school that does not have enrolled the minimum number of 29 students as required by subparagraph (ii) of this paragraph shall not be 30 offered or entitled pursuant to paragraph (e) of subdivision three of 31 section twenty-eight hundred fifty-three of this article (1) a co-loca- 32 tion site in a public school building at no cost or (2) space in a 33 privately owned or other publicly owned facility at the expense of the 34 city school district. A charter school that has already been co-located 35 in a public school building or given space in a privately owned or other 36 publicly owned facility pursuant to this paragraph and then fails to 37 continually have enrolled the required minimum number of students shall 38 be required to pay the fair market value of such space for such period 39 of time of non-compliance. 40 (xiv) The provisions of this paragraph shall be enforceable by the 41 commissioner or by a court of competent jurisdiction. Any employee of 42 the school district in which the charter school is located or the parent 43 or guardian of a student attending the district in which the charter 44 school is located shall have standing to enforce the provisions of this 45 paragraph. 46 (xv) A charter school's failure to comply with the provisions of this 47 paragraph shall be a very significant factor in determining whether the 48 charter entity or the board of regents terminates the school's charter. 49 (b-1) Prior to submission of enrollment counts to a school district 50 pursuant to subdivision one of section twenty-eight hundred fifty-six of 51 this article, on or after October first of the two thousand twenty- 52 three--two thousand twenty-four school year and October first of each 53 school year thereafter, a charter school shall determine whether that 54 school district is the school district of residence of each student for 55 whom enrollment is claimed. Such residency determination shall be made 56 in accordance with the regulations of the commissioner and the residencyA. 4458 15 1 policy of the school district in which the charter school is located, 2 provided that the charter school may fulfill such requirement by requir- 3 ing that the parents or other persons in parental relation register 4 their child with the school district they have identified as their 5 school district of residence. Notwithstanding any other provision of 6 law to the contrary, the parents or other persons in parental relation 7 shall not be required to annually prove their continued residency, 8 provided that they either annually certify to the charter school and the 9 school district of residence that their residency has not changed or 10 notify the charter school and the school district that their residency 11 has changed and that a new school district of residence should be iden- 12 tified pursuant to this paragraph. Upon making a residency determi- 13 nation, a charter school making its own residency determination shall 14 promptly submit its proof of residence to the school district identified 15 as the district of residence for purposes of enrollment of the student 16 in such school district in accordance with subdivision one of section 17 twenty-eight hundred fifty-six of this article, and the provision of 18 services pursuant to subdivision four of section twenty-eight hundred 19 fifty-three of this article. In the event of a dispute over the residen- 20 cy of a student, the school district shall make its own residency deter- 21 mination pursuant to the regulations of the commissioner after consider- 22 ing the proof of residency submitted by the charter school, and such 23 determination may be appealed to the commissioner by the charter school 24 or by the parent or other person in parental relation or both pursuant 25 to section three hundred ten of this chapter. During the pendency of 26 such appeal, the student shall be deemed enrolled in the school 27 district, shall be entitled to services pursuant to subdivision four of 28 section twenty-eight hundred fifty-three of this article, and the school 29 district shall be liable for charter school tuition, provided that upon 30 a final determination in such appeal that the student is not a resident 31 of the school district, the school district may deduct the cost of such 32 tuition and services from future payments due the charter school. The 33 provisions of this paragraph shall not apply to charter schools located 34 in a city having a population of one million or more. 35 (c) A charter school shall serve one or more of the grades one through 36 twelve, and shall limit admission to pupils within the grade levels 37 served. Nothing herein shall prohibit a charter school from establishing 38 a kindergarten program. 39 (d) A student may withdraw from a charter school at any time and 40 enroll in a public school. [A charter school may refuse admission to any41student who has been expelled or suspended from a public school until42the period of suspension or expulsion from the public school has43expired, consistent with the requirements of due process] 44 (i) A student may only be disciplined, suspended or expelled from a 45 charter school in accordance with the applicable provisions of subdivi- 46 sions two-a, three, and three-a of section thirty-two hundred fourteen 47 of this chapter. Every charter school shall develop a code of conduct in 48 accordance with the provisions of section twenty-eight hundred one of 49 this title. 50 (ii) Every charter school shall submit a detailed annual report 51 regarding disciplinary measures imposed on students. The report shall be 52 submitted to the charter entity and the board of regents as part of the 53 annual report required pursuant to subdivision two of section twenty- 54 eight hundred fifty-seven of this article. The report shall be in a form 55 prescribed by the commissioner, and shall include, but not be limited 56 to, number of classroom removals, number of in-school suspensions,A. 4458 16 1 number of out-of-school suspensions, number of expulsions, and the 2 action the student took that led to each disciplinary measure imposed. 3 Such data shall be disaggregated by race/ethnicity, status as a student 4 with a disability and status as an English language learner. The report 5 shall be posted on the department's website. 6 (iii) For the purposes of this subdivision: 7 (A) the term "superintendent," "superintendent of schools," "district 8 superintendent of schools," or "community superintendent," as used in 9 subdivision three of section thirty-two hundred fourteen of this chap- 10 ter, as such terms relate to charter schools shall mean the chairperson 11 of the board of trustees of the charter school or the chief school offi- 12 cer of the charter school; and 13 (B) the term "board of education" or "board," as used in subdivision 14 three of section thirty-two hundred fourteen of this chapter, as such 15 terms relate to charter schools shall mean the board of trustees of the 16 charter school. 17 § 16. Subdivision 1 of section 2855 of the education law, as amended 18 by chapter 101 of the laws of 2010, is amended to read as follows: 19 1. The charter entity, or the board of regents, may terminate a char- 20 ter upon any of the following grounds: 21 (a) When a charter school's outcome on student assessment measures 22 adopted by the board of regents falls below the level that would allow 23 the commissioner to revoke the registration of another public school, 24 and student achievement on such measures has not shown improvement over 25 the preceding three school years; 26 (b) [Serious violations] A violation of law; 27 (c) [Material and substantial] A violation of the charter[, including28fiscal mismanagement]; 29 (d) When the public employment relations board makes a determination 30 that the charter school [demonstrates a practice and pattern of egre-31gious and intentional violations of] has violated subdivision one of 32 section two hundred nine-a of the civil service law involving interfer- 33 ence with or discrimination against employee rights under article four- 34 teen of the civil service law; or the national labor relations board 35 created pursuant to subchapter II of chapter seven of title twenty-nine 36 of the United States Code, or any person or entity to whom the national 37 labor relations board has lawfully delegated its authority, makes a 38 determination that the charter school has violated section 158(a) of 39 title twenty-nine of the United States Code; or 40 (e) [Repeated failure to comply with the requirement to meet or exceed41enrollment and retention targets of students with disabilities, English42language learners, and students who are eligible applicants for the free43and reduced price lunch program pursuant to targets established by the44board of regents or the board of trustees of the state university of New45York, as applicable. Provided, however, if no grounds for terminating a46charter are established pursuant to this section other than pursuant to47this paragraph, and the charter school demonstrates that it has made48extensive efforts to recruit and retain such students, including49outreach to parents and families in the surrounding communities, widely50publicizing the lottery for such school, and efforts to academically51support such students in such charter school, then the charter entity or52board of regents may retain such charter.] Failure to comply with the 53 requirements of paragraph (b) of subdivision two of section twenty-eight 54 hundred fifty-four of this article; orA. 4458 17 1 (f) Failure to comply with the data reporting requirements prescribed 2 in subdivisions two and two-a of section twenty-eight hundred fifty-sev- 3 en of this article. 4 § 17. Subdivision 3 of section 2855 of the education law, as added by 5 chapter 4 of the laws of 1998, is amended to read as follows: 6 3. (a) In addition to the provisions of subdivision two of this 7 section, the charter entity or the board of regents may place a charter 8 school falling within the provisions of subdivision one of this section 9 on probationary status to allow the implementation of a remedial action 10 plan. The failure of a charter school to comply with the terms and 11 conditions of a remedial action plan may result in summary revocation of 12 the school's charter. 13 (b) A charter school that is placed on probationary status shall annu- 14 ally notify the parents or guardians of all students and applicants of 15 the placement. The initial notice shall be distributed within two weeks 16 of being placed on probationary status. Such notice shall be written and 17 delivered via mail. The department shall identify all charter schools on 18 probationary status on the department's website and shall also post the 19 remedial action plan. 20 § 18. Subdivision 4 of section 2855 of the education law, as added by 21 chapter 4 of the laws of 1998, is amended to read as follows: 22 4. (a) Any individual or group may bring a complaint to the board of 23 trustees of a charter school alleging a violation of the provisions of 24 this article, the charter, or any other provision of law relating to the 25 management or operation of the charter school. If, after presentation of 26 the complaint to the board of trustees of a charter school, the individ- 27 ual or group determines that such board has not adequately addressed the 28 complaint, they may present that complaint to the charter entity, which 29 shall investigate and respond. If, after presentation of the complaint 30 to the charter entity, the individual or group determines that the char- 31 ter entity has not adequately addressed the complaint, they may present 32 that complaint to the board of regents, which shall investigate and 33 respond. The charter entity and the board of regents shall have the 34 power and the duty to issue appropriate remedial orders to charter 35 schools under their jurisdiction to effectuate the provisions of this 36 section. 37 (b) At the beginning of each school year, a charter school shall 38 provide the parent or guardian of each student enrolled in the charter 39 school information detailing the process by which a complaint can be 40 brought against the charter school pursuant to paragraph (a) of this 41 subdivision. In addition to detailing the process by which a complaint 42 can be brought, the information provided shall include, but not be 43 limited to the contact information for the board of trustees of the 44 charter school in which the student is enrolled, the contact information 45 for the charter entity of the charter school, and the contact informa- 46 tion for the board of regents, if the board of regents is not the char- 47 ter entity. Such information shall also be posted and updated annually 48 on the charter school's website. 49 § 19. Subdivisions 2 and 3 of section 2856 of the education law are 50 renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read 51 as follows: 52 2. In the event that in any school year a charter school receives 53 combined payments from any local, state, or federal source that exceed 54 expenditures for such school year related to the operation of such char- 55 ter school by seven percent, then any excess funds above such amountA. 4458 18 1 shall be returned proportionately to all school districts that have paid 2 tuition to such charter school. 3 § 20. Subdivision 3 of section 2856 of the education law, as added by 4 chapter 4 of the laws of 1998 and as renumbered by section nineteen of 5 this act, is amended to read as follows: 6 3. (a) In the event of the failure of the school district to make 7 payments required by this section, the state comptroller shall deduct 8 from any state funds which become due to such school district an amount 9 equal to the unpaid obligation. The comptroller shall pay over such sum 10 to the charter school upon certification of the commissioner. The 11 commissioner shall promulgate regulations to implement the provisions of 12 this subdivision. 13 (b) At least thirty days prior to submission of a request for an 14 intercept of state funds pursuant to paragraph (a) of this subdivision, 15 the charter school shall provide the school district of residence with a 16 list of students whose tuition is proposed to be included in the inter- 17 cept and documentation of any special education services provided by the 18 charter school, the cost of which would be included in the intercept. 19 If the school district objects to inclusion of the tuition or cost of 20 services in the intercept, the school district shall provide the charter 21 school with a written statement of its reasons for objecting to the 22 intercept that identifies the students whose costs are in dispute and 23 the charter school shall schedule a resolution session for the purpose 24 of resolving the dispute, which shall be held within five business days 25 of receipt of the school district's objection. Each party shall ensure 26 that their representatives who attend the resolution are fully author- 27 ized to bind the school district or charter school, and any agreement 28 reached at the resolution session shall be final and binding upon both 29 parties. In the event the school district does not notify the charter 30 school of its objections within ten days of its receipt of the list of 31 students or fails to participate in a resolution session, the school 32 district shall be deemed to have waived its objections to the intercept 33 and the charter school shall not be required to offer a resolution 34 session. If the parties are unable to reach agreement at a resolution 35 session, they may agree to schedule additional resolution sessions or, 36 if one of the parties informs the other that agreement is not possible, 37 the dispute may be raised by the district as a charter school complaint 38 pursuant to subdivision four of section twenty-eight hundred fifty-five 39 of this article, or, if the dispute concerns the residency of a student, 40 an appeal may be brought pursuant to paragraph (c) of this subdivision. 41 The department shall not process an intercept for tuition or the cost of 42 services of a student whose costs are in dispute until the charter 43 school notifies the department that a resolution session has been held 44 and no agreement has been reached, or that no resolution session is 45 required because the school district failed to provide timely notice or 46 failed to participate in a scheduled resolution session. 47 (c) In the event of a dispute over the residency of a student, the 48 school district shall make its own residency determination pursuant to 49 the regulations of the commissioner after considering the proof of resi- 50 dency submitted by the charter school, and such determination may be 51 appealed to the commissioner by the charter school or by the parent or 52 other person in parental relation or both pursuant to section three 53 hundred ten of this chapter. During the pendency of such appeal, the 54 student shall be deemed enrolled in the school district, shall be enti- 55 tled to services pursuant to subdivision four of section twenty-eight 56 hundred fifty-three of this article, and the school district shall beA. 4458 19 1 liable for charter school tuition, provided that upon a final determi- 2 nation in such appeal that the student is not a resident of the school 3 district, the school district may deduct the cost of such tuition and 4 services from future payments due the charter school. 5 § 21. Subdivision 2 of section 2857 of the education law, as amended 6 by chapter 101 of the laws of 2010, is amended and a new subdivision 2-a 7 is added to read as follows: 8 2. Each charter school shall submit to the charter entity and to the 9 board of regents an annual report. Such report shall be issued no later 10 than the first day of August of each year for the preceding school year 11 and shall be made publicly available by such date and shall be posted on 12 both the charter school's [website] and the department's websites. The 13 annual report shall be in such form as shall be prescribed by the 14 commissioner and shall include at least the following components: 15 (a) a charter school report card, which shall include measures of the 16 comparative academic and fiscal performance of the school, as prescribed 17 by the commissioner in regulations adopted for such purpose. Such meas- 18 ures shall include, but not be limited to, graduation rates, dropout 19 rates, performance of students on standardized tests, college entry 20 rates, total spending per pupil and administrative spending per pupil. 21 Such measures shall be presented in a format that is easily comparable 22 to similar public schools. In addition, the charter school shall ensure 23 that such information is easily accessible to the community including 24 making it publicly available by transmitting it to local newspapers of 25 general circulation and making it available for distribution at board of 26 trustee meetings[.]; 27 (b) discussion of the progress made towards achievement of the goals 28 set forth in the charter[.]; 29 (c) a certified financial statement setting forth, by appropriate 30 categories, the revenues and expenditures for the preceding school year, 31 including a copy of the most recent independent fiscal audit of the 32 school and any audit conducted by the comptroller of the state of New 33 York[.]; 34 (d) efforts taken by the charter school in the existing school year, 35 and a plan for efforts to be taken in the succeeding school year, to 36 meet or exceed the enrollment [and retention targets set by the board of37regents or the board of trustees of the state university of New York, as38applicable, of students with disabilities, English language learners,39and students who are eligible applicants for the free and reduced price40lunch program established pursuant to paragraph (e) of subdivision four41of section twenty-eight hundred fifty-one of this article.] requirements 42 of subparagraph (ii) of paragraph (b) of subdivision two of section 43 twenty-eight hundred fifty-four of this article; 44 (e) for any charter school that contracts with a management company or 45 any other entity that provides services to the charter school, a 46 detailed statement of services provided to the charter school by the 47 management company and/or any other entity and the amount the charter 48 school pays for such services. The department shall post the annual 49 reports submitted by charter schools on the department's website; and 50 (f) a notice of any relationship that may exist between any member of 51 a charter school's board of trustees or charter school staff and any 52 for-profit or not-for-profit corporate or other business entity that is 53 responsible for the administration, management or operation of such 54 charter school or related vendor.A. 4458 20 1 2-a. Each charter school shall post contact information for the 2 school's board of trustees as well as the name and contact information 3 of the school's charter entity on the website of the charter school. 4 § 22. Subdivision 7 of section 179-q of the state finance law, as 5 added by chapter 166 of the laws of 1991, is amended to read as follows: 6 7. "Not-for-profit organization" or "organization" means a domestic 7 corporation incorporated pursuant to or otherwise subject to the not- 8 for-profit corporation law, a charitable organization registered with 9 the secretary of state, a special act corporation created pursuant to 10 chapter four hundred sixty-eight of the laws of eighteen hundred nine- 11 ty-nine, as amended, a special act corporation formed pursuant to chap- 12 ter two hundred fifty-six of the laws of nineteen hundred seventeen, as 13 amended, a corporation authorized pursuant to an act of congress 14 approved January fifth, nineteen hundred five, (33 stat. 599), as 15 amended, a corporation established by merger of charitable organizations 16 pursuant to an order of the supreme court, New York county dated July 17 twenty-first, nineteen hundred eighty-six and filed in the department of 18 state on July twenty-ninth, nineteen hundred eighty-six, or a corpo- 19 ration having tax exempt status under section 501(c)(3) of the United 20 States Internal revenue code, and shall further be deemed to mean and 21 include any federation of charitable organizations. Provided, however, 22 that a public educational entity within the meaning of section seventy- 23 one of part C of chapter fifty-seven of the laws of two thousand four 24 shall not be deemed a "not-for-profit organization" or "organization" 25 for purposes of this article. 26 § 23. This act shall take effect immediately.
