Below is an email from the NY Charter Schools Assoc with the details of the legislation passed in Albany:

Overall we believe this legislation was a "mixed bag" with some key improvements to the state's charter school law; along with several negative provisions that we opposed in the final bill.  The major provisions of this new bill are summarized below: 

 

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Capitol Update - State Legislature Passes Charter Cap Lift Bill; Concerns Remain on New Provisions

 

To Charter Schools:

 

The state legislature today adopted charter school legislation (bill #s: A.11310 & A.11311) that raises the statutory cap on the number of charter schools from 200 to 460.  Importantly, the SUNY Board of Trustees remains as a charter school authorizer with independent authority to approve and renew charter schools.

 

Overall we believe this legislation was a "mixed bag" with some key improvements to the state's charter school law; along with several negative provisions that we opposed in the final bill.  The major provisions of this new bill are summarized below: 

• Cap Lift:  An additional 260 charter schools evenly divided between the Regents and SUNY, including at least 130 of which are reserved for locating New York City; the cap also includes an annual ceiling of 32 to 33 charters until 2014.
• Multi-sites:  Authorizes a charter school to locate the same grade level at more than one location, with each additional site counted toward the 460 cap.
• 5-Year Clarity:  A five-year charter term is clarified to comprise five instructional years, plus the time period between incorporation and the pre-opening planning period.
• Special Needs Students:  Charters will have to provide plans for meeting enrollment targets for students with disabilities, English language learners and students who are eligible for federal free and reduced-priced lunch comparable to respective district school averages (though charters were not given ability to form consortia or contract with BOCES);
• Optional Admission Preference:  Charter schools may define students at-risk of academic failure to include English language learners and students with disabilities.
• RFP Process:  New charter schools are subject to a new request for proposals process administered separately by the SUNY Board and the Board of Regents, which is broad enough not to restrict particular charter proposals in a given area (albeit with concerns over certain application scoring criteria outlined in the new law);
• Ban on Charter Management Contracts with For-Profits:  New charter schools are banned from contracting with for-profit management companies, while existing schools are not subject to such prohibition.
• State Comptroller Audits:  Charters are made subject to audits by the state Comptroller, even though the Court of Appeals ruled such audits as unconstitutional by exceeding the authority of the Office of the State Comptroller (this provision is vulnerable to further litigation).
• Annual Reports:  Charter schools must post their annual reports on their website and make them publicly available.
• Student Admission Application:  Charters will have to use a uniform student enrollment application developed by the state Education Department, which also will regulate lottery procedures to ensure they are open to public scrutiny;
• Conflicts of Interest/Disclosure:  Charter school boards of trustees are now subject to provisions of the General Municipal Law governing conflicts of interest to the same extent as school district board members.

 

Additional details of this new legislation will be discussed in the days and weeks ahead.  Please contact NYCSA if you have any questions.

 

New York Charter Schools Association

915 Broadway, Albany, NY 12207

(518) 694-3110

www.NYCSA.org