Bill Text: NY S03688 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to residency requirements for certain charter schools; provides that charter school students in New York city shall reside within a five mile radius of the charter school.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S03688 Detail]

Download: New_York-2021-S03688-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3688

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 2021
                                       ___________

        Introduced  by  Sen.  FELDER -- 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 residency requirements
          for certain charter schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b)  of  subdivision  2 of section 2854 of the
     2  education law, as amended by section 3 of subpart A of part B of chapter
     3  20 of the laws of 2015, is amended to read as follows:
     4    (b) Any child who is qualified under the laws of this state for admis-
     5  sion to a public school is qualified for admission to a charter  school,
     6  provided  that  in a city with a population of one million or more, such
     7  child lives within a five mile radius of such charter school.   Applica-
     8  tions  for admission to a charter school shall be submitted on a uniform
     9  application form created by the department and shall be  made  available
    10  by  a  charter school in languages predominately spoken in the community
    11  in which such charter school is located. The school  shall  enroll  each
    12  eligible  student  who  submits a timely application by the first day of
    13  April each year, unless the number of applications exceeds the  capacity
    14  of  the  grade  level  or  building.  In  such  cases, students shall be
    15  accepted from among applicants by a random selection process,  provided,
    16  however,  that  an  enrollment  preference  shall  be provided to pupils
    17  returning to the charter school in the second or any subsequent year  of
    18  operation  and pupils residing in the school district in which the char-
    19  ter school is located, or in the case of a city with a population of one
    20  million or more, pupils residing within a five mile radius of such char-
    21  ter school, and siblings of  pupils  already  enrolled  in  the  charter
    22  school.  Preference may also be provided to children of employees of the
    23  charter school or charter management organization,  provided  that  such
    24  children of employees may constitute no more than fifteen percent of the
    25  charter  school's  total  enrollment.  The  commissioner shall establish

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08231-01-1
        S. 3688                             2

     1  regulations to require  that  the  random  selection  process  conducted
     2  pursuant  to  this paragraph be performed in a transparent and equitable
     3  manner and to require that the time and place of  the  random  selection
     4  process  be  publicized  in a manner consistent with the requirements of
     5  section one hundred four of the public officers law and be open  to  the
     6  public.  For  the purposes of [this paragraph and] paragraph (a) of this
     7  subdivision, the school district in which the charter school is  located
     8  shall  mean,  for  the city school district of the city of New York, the
     9  community district in which the charter school is located.
    10    § 2. This act shall take effect on the first of July  next  succeeding
    11  the date on which it shall have become a law.