Bill Text: NY S07950 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the parental choice private school voucher program; provides that three hundred students entering kindergarten or ninth grade shall be selected to receive vouchers to attend either a public school outside of the Buffalo school district or any nonpublic school that provides education to elementary and/or secondary students; establishes criteria for student to be deemed eligible.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-10-20 - REFERRED TO RULES [S07950 Detail]
Download: New_York-2013-S07950-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7950 I N S E N A T E October 20, 2014 ___________ Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to creating the parental choice private school program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 57 to 2 read as follows: 3 ARTICLE 57 4 PARENTAL CHOICE PRIVATE SCHOOL PROGRAM 5 SECTION 2870. DEFINITIONS. 6 2871. PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM. 7 2872. PARTICIPATING SCHOOLS. 8 2873. PARTICIPATING SCHOOL ACCOUNTABILITY STANDARDS. 9 2874. RESPONSIBILITIES OF THE DEPARTMENT. 10 2875. RESPONSIBILITIES OF THE SCHOOL DISTRICT. 11 S 2870. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS 12 SHALL HAVE THE FOLLOWING MEANINGS: 13 1. "PROGRAM" MEANS THE PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM 14 CREATED BY THIS ARTICLE. 15 2. "ELIGIBLE STUDENT" MEANS A STUDENT WHO: 16 (A) IS A MEMBER OF A HOUSEHOLD WHOSE TOTAL ANNUAL INCOME DOES NOT 17 EXCEED AN AMOUNT EQUAL TO 1.75 TIMES THE POVERTY LEVEL DETERMINED IN 18 ACCORDANCE WITH CRITERIA ESTABLISHED BY THE DIRECTOR OF THE FEDERAL 19 OFFICE OF MANAGEMENT AND BUDGET; 20 (B) IS ENTERING KINDERGARTEN OR NINTH GRADE; 21 (C) LIVES IN THE BUFFALO SCHOOL DISTRICT; AND 22 (D) RESIDES IN THE STATE WHILE RECEIVING A VOUCHER UNDER THIS ARTICLE. 23 3. "PARENT" MEANS A GUARDIAN, CUSTODIAN OR OTHER PERSON WITH THE 24 AUTHORITY TO ACT ON BEHALF OF THE CHILD. 25 4. "RESIDENT SCHOOL DISTRICT" MEANS THE BUFFALO SCHOOL DISTRICT. 26 5. "PARTICIPATING SCHOOL" MEANS EITHER A PUBLIC SCHOOL OUTSIDE OF THE 27 RESIDENT SCHOOL DISTRICT OR ANY NON-PUBLIC SCHOOL THAT PROVIDES EDUCA- 28 TION TO ELEMENTARY AND/OR SECONDARY STUDENTS AND HAS NOTIFIED THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15846-01-4 S. 7950 2 1 DEPARTMENT OF ITS INTENTION TO PARTICIPATE IN THE PROGRAM AND COMPLY 2 WITH THE PROGRAM'S REQUIREMENTS. 3 S 2871. PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM. 1. THERE SHALL 4 BE ESTABLISHED A PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM FOR THE 5 CITY OF BUFFALO. THREE HUNDRED ELIGIBLE STUDENTS SHALL BE SELECTED TO 6 RECEIVE VOUCHERS TO ATTEND A PARTICIPATING SCHOOL OF THEIR CHOICE. 7 ELIGIBLE STUDENTS MAY ATTEND A PARTICIPATING SCHOOL UNTIL THEY HAVE 8 CONCLUDED THE FINAL GRADE OFFERED AT SUCH PARTICIPATING SCHOOL OR THEIR 9 TWENTY-FIRST BIRTHDAY, WHICHEVER OCCURS FIRST. 10 2. (A) THE BUFFALO SCHOOL DISTRICT SHALL PAY AN AMOUNT EQUAL TO THE 11 PARTICIPATING SCHOOL'S OPERATING AND DEBT SERVICE COST PER PUPIL THAT IS 12 RELATED TO EDUCATIONAL PROGRAMMING, AS DETERMINED BY THE DEPARTMENT, OR 13 TEN THOUSAND DOLLARS, WHICHEVER IS LESS. 14 (B) (I) THE BUFFALO SCHOOL DISTRICT SHALL PAY TWENTY-FIVE PERCENT OF 15 THE TOTAL AMOUNT AS DETERMINED BY THE DEPARTMENT UNDER PARAGRAPH (A) OF 16 THIS SUBDIVISION IN SEPTEMBER, TWENTY-FIVE PERCENT IN NOVEMBER, TWENTY- 17 FIVE PERCENT IN FEBRUARY AND TWENTY-FIVE PERCENT IN MAY. 18 (II) THE SUPERINTENDENT MAY INCLUDE THE ENTIRE AMOUNT DETERMINED UNDER 19 PARAGRAPH (A) OF THIS SUBDIVISION IN ONE OF THE INSTALLMENTS OR APPOR- 20 TION THE ENTIRE AMOUNT AMONG ONE OR MORE OF THE INSTALLMENTS. 21 (III) PAYMENT SHALL BE MADE DIRECTLY TO THE PARTICIPATING SCHOOL. 22 (IV) VOUCHERS RECEIVED PURSUANT TO THIS SECTION SHALL BE USED FOR 23 EDUCATIONAL PURPOSES ONLY AND SHALL NOT BE REFUNDED OR SHARED WITH A 24 PARENT OR STUDENT IN ANY MANNER. 25 3. THE VOUCHER RECEIVED PURSUANT TO THIS ARTICLE IS THE ENTITLEMENT OF 26 THE ELIGIBLE STUDENT UNDER THE SUPERVISION OF THE STUDENT'S PARENT AND 27 NOT THAT OF ANY SCHOOL. 28 4. (A) AN ELIGIBLE STUDENT ATTENDING A PARTICIPATING SCHOOL THROUGH A 29 VOUCHER PURSUANT TO THIS SECTION WHOSE FAMILY INCOME INCREASES MAY 30 CONTINUE TO ATTEND THE PARTICIPATING SCHOOL UNDER THIS SECTION IF THE 31 PUPIL IS A MEMBER OF A FAMILY THAT HAS A TOTAL FAMILY INCOME THAT DOES 32 NOT EXCEED AN AMOUNT EQUAL TO 2.2 TIMES THE POVERTY LEVEL DETERMINED IN 33 ACCORDANCE WITH CRITERIA ESTABLISHED BY THE DIRECTOR OF THE FEDERAL 34 OFFICE OF MANAGEMENT AND BUDGET. 35 (B) FOR PURPOSES OF RECEIVING A VOUCHER PURSUANT TO THIS SECTION, 36 SIBLINGS OF STUDENTS RECEIVING A VOUCHER AND ATTENDING A PARTICIPATING 37 SCHOOL UNDER THIS SECTION, WHO ARE ALSO APPLYING TO RECEIVE A VOUCHER, 38 ARE SUBJECT TO THE HIGHER INCOME LIMIT AS SET FORTH IN PARAGRAPH (A) OF 39 THIS SUBDIVISION. IF THE SIBLING'S SISTER OR BROTHER ATTENDING A PARTIC- 40 IPATING SCHOOL UNDER THIS SECTION CEASES TO ATTEND A PARTICIPATING 41 SCHOOL UNDER THIS SECTION, THE LOWER INCOME LIMIT APPLIES TO THE 42 SIBLING. 43 5. ELIGIBLE STUDENTS SHALL BE COUNTED IN THE ENROLLMENT FIGURES FOR 44 THE BUFFALO SCHOOL DISTRICT FOR THE PURPOSES OF CALCULATING STATE AID TO 45 SUCH SCHOOL DISTRICT. THE FUNDS NEEDED FOR A VOUCHER SHALL BE SUBTRACTED 46 FROM THE STATE SCHOOL AID PAYABLE TO THE STUDENT'S RESIDENT SCHOOL 47 DISTRICT. ANY AID THE SCHOOL DISTRICT WOULD HAVE RECEIVED FOR THE 48 STUDENT, IN EXCESS OF THE FUNDS NEEDED FOR A VOUCHER, SHALL BE RETAINED 49 BY THE STATE. 50 S 2872. PARTICIPATING SCHOOLS. 1. (A) PUBLIC SCHOOLS OUTSIDE OF THE 51 RESIDENT SCHOOL DISTRICT OR ANY NON-PUBLIC SCHOOL THAT PROVIDES EDUCA- 52 TION TO ELEMENTARY AND/OR SECONDARY STUDENTS SHALL NOTIFY THE DEPART- 53 MENT, IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT, OF ITS INTENT 54 TO PARTICIPATE IN THE PROGRAM UNDER THIS ARTICLE. 55 (B) SUCH SCHOOL SHALL PAY A NONREFUNDABLE FEE, AS SET BY THE DEPART- 56 MENT, BY FEBRUARY FIRST OF THE PREVIOUS SCHOOL YEAR WHICH SHALL COVER S. 7950 3 1 THE COSTS OF EMPLOYING ONE FULL TIME AUDITOR TO EVALUATE THE FINANCIAL 2 INFORMATION SUBMITTED BY THE PARTICIPATING SCHOOLS UNDER SUBDIVISION TWO 3 OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE. 4 (C) THE NOTICE SHALL SPECIFY THE NUMBER OF PUPILS PARTICIPATING IN THE 5 PROGRAM UNDER THIS SECTION FOR WHICH THE SCHOOL HAS SPACE. 6 (D) IN ADDITION TO ANY INFORMATION THE DEPARTMENT DEEMS NECESSARY TO 7 AUTHORIZE PARTICIPATION IN THE PROGRAM BY A SCHOOL, SUCH SCHOOL SHALL, 8 BY AUGUST FIRST BEFORE THE FIRST SCHOOL TERM OF PARTICIPATION IN THE 9 PROGRAM, SUBMIT A COPY OF THE SCHOOL'S CURRENT CERTIFICATE OF OCCUPANCY 10 ISSUED BY THE CITY. IF THE SCHOOL MOVES TO A NEW LOCATION, THE SCHOOL 11 SHALL SUBMIT A COPY OF THE NEW CERTIFICATE OF OCCUPANCY ISSUED BY THE 12 CITY TO THE DEPARTMENT BEFORE THE ATTENDANCE OF PUPILS AT THE NEW 13 LOCATION. A TEMPORARY CERTIFICATE OF OCCUPANCY DOES NOT MEET THE 14 REQUIREMENT OF THIS PARAGRAPH. 15 2. SCHOOLS SHALL PROVIDE EVIDENCE OF FINANCIAL VIABILITY, AS 16 PRESCRIBED BY THE DEPARTMENT BY RULE OR REGULATION. 17 3. SCHOOLS SHALL ALSO PROVIDE PROOF THAT THE SCHOOL'S ADMINISTRATOR 18 HAS PARTICIPATED IN A FISCAL MANAGEMENT TRAINING PROGRAM APPROVED BY THE 19 DEPARTMENT. 20 4. SCHOOLS SHALL SUBMIT A SCHEDULE ANNUALLY TO THE DEPARTMENT SHOWING 21 HOW MUCH THE SCHOOL SPENDS TO EDUCATE ONE STUDENT. SUCH INFORMATION 22 SHALL BE USED BY THE DEPARTMENT TO DETERMINE HOW MUCH THE SCHOOL SHALL 23 BE PAID UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT 24 HUNDRED SEVENTY-ONE OF THIS ARTICLE. IT SHALL BE IN THE DEPARTMENT'S 25 DISCRETION TO DETERMINE SAID AMOUNT. 26 5. (A) THE ELIGIBLE STUDENT OR THE ELIGIBLE STUDENT'S PARENT OR GUARD- 27 IAN SHALL SUBMIT AN APPLICATION, ON A FORM PROVIDED BY THE DEPARTMENT, 28 TO THE PARTICIPATING SCHOOL THAT THE ELIGIBLE STUDENT WISHES TO ATTEND. 29 SUCH STUDENT SHALL TAKE ANY ADMISSIONS TESTING REQUIRED BY THE SCHOOL. 30 WITHIN SIXTY DAYS AFTER RECEIVING THE APPLICATION AND THE STUDENT TAKING 31 THE SCHOOL'S ADMISSIONS TESTING, THE PARTICIPATING SCHOOL SHALL NOTIFY 32 THE APPLICANT, IN WRITING, WHETHER THE APPLICATION HAS BEEN ACCEPTED. IF 33 THE PARTICIPATING SCHOOL REJECTS AN APPLICATION, THE NOTICE SHALL 34 INCLUDE THE REASON. A PARTICIPATING SCHOOL MAY REJECT AN APPLICANT ONLY 35 IF IT HAS REACHED ITS MAXIMUM GENERAL CAPACITY OR SEATING CAPACITY OR IF 36 THE ELIGIBLE STUDENT FAILS TO PASS THE ADMISSIONS TESTING ADMINISTERED 37 BY THE SCHOOL. THE COMMISSIONER SHALL ENSURE THAT THE PARTICIPATING 38 SCHOOL DETERMINES WHICH PUPILS TO ACCEPT ON A RANDOM BASIS, EXCEPT THAT 39 THE PARTICIPATING SCHOOL MAY GIVE PREFERENCE IN ACCEPTING APPLICATIONS 40 TO SIBLINGS OF PUPILS ACCEPTED ON A RANDOM BASIS. 41 (B) IF AN ELIGIBLE STUDENT IS DENIED ADMISSION TO A PARTICIPATING 42 SCHOOL BECAUSE IT HAS TOO FEW AVAILABLE SPACES, THE ELIGIBLE STUDENT MAY 43 TRANSFER HIS OR HER VOUCHER TO A PARTICIPATING SCHOOL THAT HAS AVAILABLE 44 SPACE. 45 S 2873. PARTICIPATING SCHOOL ACCOUNTABILITY STANDARDS. 1. TO ENSURE 46 THAT STUDENTS ARE TREATED FAIRLY AND KEPT SAFE, ALL PARTICIPATING 47 SCHOOLS SHALL: 48 (A) COMPLY WITH ALL HEALTH AND SAFETY LAWS OR CODES THAT APPLY TO 49 NON-PUBLIC SCHOOLS; 50 (B) HOLD A VALID OCCUPANCY PERMIT IF REQUIRED BY THEIR MUNICIPALITY; 51 (C) CERTIFY THAT THEY WILL NOT DISCRIMINATE IN ADMISSIONS ON THE BASIS 52 OF RACE, COLOR, NATIONAL ORIGIN, RELIGION OR DISABILITY; AND 53 (D) COMPLY WITH ALL STATE LAWS THAT APPLY TO NON-PUBLIC SCHOOLS 54 REGARDING CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES AND EXCLUDE FROM 55 EMPLOYMENT ANY PEOPLE NOT PERMITTED BY STATE LAW TO WORK IN A NONPUBLIC 56 SCHOOL. S. 7950 4 1 2. TO ENSURE THAT PUBLIC FUNDS ARE SPENT APPROPRIATELY, ALL PARTIC- 2 IPATING SCHOOLS SHALL ANNUALLY BY SEPTEMBER FIRST FOLLOWING A SCHOOL 3 YEAR IN WHICH A PARTICIPATING SCHOOL PARTICIPATED IN THE PROGRAM: 4 (A) DEMONSTRATE THEIR FINANCIAL ACCOUNTABILITY BY: 5 (I) SUBMITTING A FINANCIAL INFORMATION REPORT FOR THE SCHOOL THAT 6 COMPLIES WITH UNIFORM FINANCIAL ACCOUNTING STANDARDS ESTABLISHED BY THE 7 DEPARTMENT AND CONDUCTED BY A CERTIFIED PUBLIC ACCOUNTANT; AND 8 (II) HAVING THE AUDITOR CERTIFY THAT THE REPORT IS FREE OF MATERIAL 9 MISSTATEMENTS AND FAIRLY REPRESENTS THE COSTS PER PUPIL UNDER SUBDIVI- 10 SION TWO OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE. 11 THE AUDITOR'S REPORT SHALL BE LIMITED IN SCOPE TO THOSE RECORDS THAT ARE 12 NECESSARY FOR THE DEPARTMENT TO MAKE PAYMENTS TO PARTICIPATING SCHOOLS 13 ON BEHALF OF ELIGIBLE STUDENTS RECEIVING VOUCHERS PURSUANT TO THIS ARTI- 14 CLE. 15 (B) DEMONSTRATE SOUND FISCAL PRACTICES, AS PRESCRIBED BY THE DEPART- 16 MENT. 17 3. (A) EACH PARTICIPATING SCHOOL SHALL MEET AT LEAST ONE OF THE 18 FOLLOWING STANDARDS: 19 (I) AT LEAST SEVENTY PERCENT OF THE ELIGIBLE STUDENTS IN THE PROGRAM 20 ADVANCE ONE GRADE LEVEL EACH YEAR. 21 (II) THE PARTICIPATING SCHOOL'S AVERAGE ATTENDANCE RATE FOR THE ELIGI- 22 BLE STUDENTS IN THE PROGRAM IS AT LEAST NINETY PERCENT. 23 (III) AT LEAST EIGHTY PERCENT OF THE ELIGIBLE STUDENTS IN THE PROGRAM 24 DEMONSTRATE SIGNIFICANT ACADEMIC PROGRESS. 25 (B) EACH PARTICIPATING SCHOOL SHALL REPORT THE RESULTS OF THE STAND- 26 ARDS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO THE 27 DEPARTMENT, NO LATER THAN JULY FOR THE PRECEDING SCHOOL YEAR. 28 S 2874. RESPONSIBILITIES OF THE DEPARTMENT. 1. THE DEPARTMENT SHALL 29 ENSURE THAT ELIGIBLE STUDENTS AND THEIR PARENTS ARE INFORMED ANNUALLY OF 30 WHICH SCHOOLS WILL BE PARTICIPATING IN THE BUFFALO PARENTAL CHOICE 31 PRIVATE SCHOOL VOUCHER PROGRAM. SPECIAL ATTENTION SHALL BE PAID TO 32 ENSURING THAT LOWER INCOME FAMILIES ARE MADE AWARE OF THE PROGRAM AND 33 THEIR OPTIONS. 34 2. THE DEPARTMENT SHALL CREATE A STANDARD APPLICATION THAT STUDENTS 35 INTERESTED IN THE PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM CAN USE 36 TO SUBMIT TO THE DEPARTMENT TO ESTABLISH THEIR ELIGIBILITY IN THE 37 PROGRAM. 38 3. THE DEPARTMENT SHALL CREATE A STANDARD APPLICATION THAT STUDENTS 39 INTERESTED IN THE PARENTAL CHOICE PRIVATE SCHOOL VOUCHER PROGRAM CAN USE 40 TO SUBMIT TO PARTICIPATING SCHOOLS TO ESTABLISH THEIR ELIGIBILITY AND 41 APPLY FOR ADMISSIONS. 42 4. THE DEPARTMENT SHALL ENSURE THAT THE APPLICATIONS ARE READILY 43 AVAILABLE TO INTERESTED FAMILIES THROUGH VARIOUS SOURCES, INCLUDING THE 44 INTERNET. 45 5. THE DEPARTMENT MAY BAR A SCHOOL FROM PARTICIPATION IN THE PARENTAL 46 CHOICE PRIVATE SCHOOL VOUCHER PROGRAM IF THE DEPARTMENT ESTABLISHES THAT 47 THE PARTICIPATING SCHOOL HAS: 48 (A) INTENTIONALLY AND SUBSTANTIALLY MISREPRESENTED INFORMATION 49 REQUIRED UNDER SUBDIVISIONS TWO, THREE OR FOUR OF SECTION TWENTY-EIGHT 50 HUNDRED SEVENTY-TWO OR SECTION TWENTY-EIGHT HUNDRED SEVENTY-THREE OF 51 THIS ARTICLE; OR 52 (B) ROUTINELY FAILED TO COMPLY WITH AT LEAST THREE OF THE ACCOUNTABIL- 53 ITY STANDARDS ESTABLISHED IN SECTION TWENTY-EIGHT HUNDRED SEVENTY-THREE 54 OF THIS ARTICLE; OR S. 7950 5 1 (C) FAILED TO COMPLY WITH SUBPARAGRAPH (IV) OF PARAGRAPH (B) OF SUBDI- 2 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE; 3 OR 4 (D) FAILED TO REFUND TO THE STATE ANY VOUCHER OVERPAYMENTS IN A TIMELY 5 MANNER. 6 6. IF THE DEPARTMENT DECIDES TO BAR A PARTICIPATING SCHOOL FROM THE 7 PROGRAM, IT SHALL NOTIFY ELIGIBLE STUDENTS AND THEIR PARENTS OF THIS 8 DECISION AS QUICKLY AS POSSIBLE. 9 7. THE DEPARTMENT SHALL ADOPT RULES AND PROCEDURES AS NECESSARY FOR 10 THE ADMINISTRATION OF THE PARENTAL CHOICE PRIVATE SCHOOL VOUCHER 11 PROGRAM, INCLUDING BUT NOT LIMITED TO: 12 (A) THE ELIGIBILITY AND PARTICIPATION OF SCHOOLS, INCLUDING TIMELINES 13 THAT WILL MAXIMIZE STUDENT AND PUBLIC AND NON-PUBLIC SCHOOL PARTIC- 14 IPATION; 15 (B) THE CALCULATION AND DISTRIBUTION OF VOUCHERS TO ELIGIBLE STUDENTS; 16 AND 17 (C) THE APPLICATION AND APPROVAL PROCEDURES FOR VOUCHERS FOR ELIGIBLE 18 STUDENTS AND PARTICIPATING SCHOOLS. 19 S 2875. RESPONSIBILITIES OF THE SCHOOL DISTRICT. 1. THE BUFFALO SCHOOL 20 DISTRICT SHALL PROVIDE THE PARTICIPATING SCHOOL THAT HAS ADMITTED AN 21 ELIGIBLE STUDENT UNDER THIS PROGRAM WITH A COMPLETE COPY OF THE 22 STUDENT'S SCHOOL RECORDS WHILE COMPLYING WITH THE FAMILY EDUCATIONAL 23 RIGHTS AND PRIVACY ACT OF 1974 (20 USC SECTION 1232 G). 24 2. THE BUFFALO SCHOOL DISTRICT SHALL PROVIDE TRANSPORTATION FOR THE 25 ELIGIBLE STUDENT TO AND FROM THE PARTICIPATING SCHOOL UNDER THE SAME 26 CONDITIONS AS THE BUFFALO SCHOOL DISTRICT IS REQUIRED TO PROVIDE TRANS- 27 PORTATION FOR OTHER RESIDENT STUDENTS TO NON-PUBLIC SCHOOLS AS PER 28 CURRENT LAW. THE BUFFALO SCHOOL DISTRICT MAY QUALIFY FOR STATE TRANSPOR- 29 TATION AID FOR EACH STUDENT SO TRANSPORTED, AS ALLOWED UNDER STATE LAW. 30 S 2. This act shall take effect immediately and shall first apply to 31 the 2015-2016 school year and thereafter. The commissioner of education 32 is authorized to promulgate any and all rules and regulations and take 33 any other measures necessary to implement the provisions of this act.