Bill Text: NY S07200 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Requires charter schools to enroll children with disabilities and English language learners in comparable numbers to those enrolled in public schools and provides that failure to comply may result in revocation of the charter.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-22 - REFERRED TO EDUCATION [S07200 Detail]

Download: New_York-2009-S07200-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7200
                                   I N  S E N A T E
                                    March 22, 2010
                                      ___________
       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law,  in  relation  to  requiring  charter
         schools  to  enroll  children  with  disabilities and English language
         learners in comparable numbers to those enrolled in public schools
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph a of subdivision 2 of section 2854 of the educa-
    2  tion law, as amended by section 5 of part D-2 of chapter 57 of the  laws
    3  of 2007, is amended to read as follows:
    4    (a)  A charter school shall be nonsectarian in its programs, admission
    5  policies, employment practices, and all other operations and  shall  not
    6  charge  tuition  or fees; provided that a charter school may require the
    7  payment of fees on the same basis and to the same extent as other public
    8  schools. A charter school shall not discriminate  against  any  student,
    9  employee or any other person on the basis of ethnicity, national origin,
   10  gender, or disability or any other ground that would be unlawful if done
   11  by  a school. Admission of students shall not be limited on the basis of
   12  intellectual ability, measures  of  achievement  or  aptitude,  athletic
   13  ability,  disability, race, creed, gender, national origin, religion, or
   14  ancestry; provided, however, that  nothing  in  this  article  shall  be
   15  construed to prevent the establishment of a single-sex charter school or
   16  a charter school designed to provide expanded learning opportunities for
   17  students  at-risk of academic failure; and provided, further, that [the]
   18  A charter school [shall demonstrate good faith efforts  to  attract  and
   19  retain  a comparable or greater enrollment of] MUST ENROLL THE SAME OR A
   20  GREATER PERCENTAGE OF students with  disabilities  and  limited  English
   21  proficient  students  when  compared  to the enrollment figures for such
   22  students in the school district in which the charter school is  located.
   23  FAILURE  TO COMPLY FOR TWO CONSECUTIVE YEARS SHALL BE DEEMED GROUNDS FOR
   24  REVOCATION OF THE CHARTER. A charter shall not be issued to  any  school
   25  that  would  be  wholly or in part under the control or direction of any
   26  religious denomination, or in which any denominational tenet or doctrine
   27  would be taught.
   28    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10664-01-9