S T A T E O F N E W Y O R K
________________________________________________________________________
4315
2013-2014 Regular Sessions
I N A S S E M B L Y
February 4, 2013
___________
Introduced by M. of A. CAMARA, STEVENSON, CRESPO, CLARK, ARROYO, RODRI-
GUEZ, ROBERTS, GIBSON, RIVERA -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to charter schools
providing special education services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph 2 of paragraph h of subdivision 4 of section
2 1950 of the education law, as amended by chapter 422 of the laws of
3 2012, is amended to read as follows:
4 (2) To enter into contracts with the United States of America, the
5 State of New York, any school district, community college, public insti-
6 tution of higher education, independent institution of higher education
7 eligible for aid under section sixty-four hundred one of this chapter,
8 public libraries, CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS
9 CHAPTER, or public agency in relation to the program of the board of
10 cooperative educational services, and any such school district, communi-
11 ty college, institution of higher education, CHARTER SCHOOL, or public
12 agency is hereby authorized and empowered to do and perform any and all
13 acts necessary or convenient in relation to the performance of any such
14 contracts.
15 S 2. Subparagraphs (A) and (B) of paragraph (b-1) of subdivision 1 of
16 section 2853 of the education law, as amended by chapter 101 of the laws
17 of 2010, are amended and a new subparagraph (C) is added to read as
18 follows:
19 (A) a charter school may operate in more than one building at a single
20 site; [and]
21 (B) a charter school which provides instruction to its students at
22 different locations for a portion of their school day shall be deemed to
23 be operating at a single site[.]; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06239-01-3
A. 4315 2
1 (C) A CHARTER SCHOOL THAT PROVIDES PROGRAMS AND SERVICES TO ITS
2 STUDENTS AT DIFFERENT LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
3 FOUR OF THIS SECTION SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE.
4 S 3. Paragraph (a) of subdivision 4 of section 2853 of the education
5 law, as amended by chapter 378 of the laws of 2007, is amended to read
6 as follows:
7 (a) For purposes of sections seven hundred one, seven hundred eleven,
8 seven hundred fifty-one and nine hundred twelve of this chapter, a char-
9 ter school shall be deemed a nonpublic school in the school district
10 within which the charter school is located. Special education programs
11 and services shall be provided to students with a disability attending a
12 charter school in accordance with the individualized education program
13 recommended by the committee or subcommittee on special education of the
14 student's school district of residence. The charter school may arrange
15 to have such services provided by such school district of residence or
16 by the charter school directly or by contract with another provider,
17 WHICH MAY INCLUDE ANOTHER CHARTER SCHOOL OR A BOARD OF COOPERATIVE
18 EDUCATIONAL SERVICES. A CHARTER SCHOOL MAY PROVIDE SUCH PROGRAMS AND
19 SERVICES, INCLUDING PROGRAMS AND SERVICES FOR STUDENTS WHO ARE ENGLISH
20 LANGUAGE LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT
21 ANOTHER SITE. Where the charter school arranges to have the school
22 district of residence provide such special education programs or
23 services, such school district shall provide services in the same manner
24 as it serves students with disabilities in other public schools in the
25 school district, including the provision of supplementary and related
26 services on site to the same extent to which it has a policy or practice
27 of providing such services on the site of such other public schools.
28 S 4. Paragraph (a) of subdivision 4 of section 2853 of the education
29 law, as added by chapter 4 of the laws of 1998, is amended to read as
30 follows:
31 (a) For purposes of sections seven hundred one, seven hundred eleven,
32 seven hundred fifty-one and nine hundred twelve of this chapter, a char-
33 ter school shall be deemed a nonpublic school in the school district
34 within which the charter school is located. Special education programs
35 and services shall be provided to students with a disability attending a
36 charter school in accordance with the individualized education program
37 recommended by the committee or subcommittee on special education of the
38 student's school district of residence. The charter school may arrange
39 to have such services provided by such school district of residence or
40 by the charter school directly or by contract with another provider,
41 WHICH MAY INCLUDE ANOTHER CHARTER SCHOOL OR A BOARD OF COOPERATIVE
42 EDUCATIONAL SERVICES. A CHARTER SCHOOL MAY PROVIDE SUCH PROGRAMS AND
43 SERVICES, INCLUDING PROGRAMS AND SERVICES FOR STUDENTS WHO ARE ENGLISH
44 LANGUAGE LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT
45 ANOTHER SITE.
46 S 5. This act shall take effect immediately, provided that the amend-
47 ments to paragraph (a) of subdivision 4 of section 2853 of the education
48 law made by section three of this act shall be subject to the expiration
49 and reversion of such paragraph pursuant to subdivision d of section 27
50 of chapter 378 of the laws of 2007, as amended, when upon such date the
51 provisions of section four of this act shall take effect.