S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5672
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 26, 2015
                                      ___________
       Introduced  by  Sens.  FLANAGAN,  MARCELLINO  --  read twice and ordered
         printed, and when printed to be committed to the Committee on Rules
       AN ACT to amend chapter 91 of the laws of 2002  amending  the  education
         law and other laws relating to the reorganization of the New York city
         school  construction  authority,  board  of  education  and  community
         boards, in relation to the effectiveness of certain provisions of such
         chapter; to amend chapter 345 of the laws of 2009 amending the  educa-
         tion law relating to the New York city board of education, chancellor,
         community  councils  and community superintendents, in relation to the
         effectiveness of certain provisions of such chapter; and to amend  the
         education  law,  in  relation  to  the  New York city community school
         district system
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 34 of chapter 91 of the laws of 2002 amending the
    2  education law and other laws relating to the reorganization of  the  New
    3  York city school construction authority, board of education and communi-
    4  ty  boards, as amended by chapter 345 of the laws of 2009, is amended to
    5  read as follows:
    6    S 34. This act shall take effect July 1, 2002; provided, that sections
    7  one through twenty, twenty-four, and twenty-six through thirty  of  this
    8  act  shall expire and be deemed repealed June 30, [2015] 2016; provided,
    9  further, that notwithstanding any provision of article 5 of the  general
   10  construction law, on June 30, [2015] 2016 the provisions of subdivisions
   11  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
   12  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
   13  2554  of  the  education  law  as repealed by section three of this act,
   14  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
   15  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
   16  2590-b of the education law as repealed by section seven  of  this  act,
   17  section 2590-c of the education law as repealed by section eight of this
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11223-09-5
       S. 5672                             2
    1  act, paragraph c of subdivision 2 of section 2590-d of the education law
    2  as  repealed by section twenty-six of this act, subdivision 1 of section
    3  2590-e of the education law as repealed by section twenty-seven of  this
    4  act,  subdivision  28 of section 2590-h of the education law as repealed
    5  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    6  the education law as repealed by section twenty-nine of this act, subdi-
    7  vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
    8  section  thirty  of  this  act  shall  be  revived  and  be read as such
    9  provisions existed in law on the date immediately preceding  the  effec-
   10  tive  date of this act; provided, however, that sections seven and eight
   11  of this act shall take effect on November  30,  2003;  provided  further
   12  that  the  amendments to subdivision 25 of section 2554 of the education
   13  law made by section two of this act shall be subject to  the  expiration
   14  and  reversion of such subdivision pursuant to section 12 of chapter 147
   15  of the laws of 2001, as amended, when upon such date the  provisions  of
   16  section four of this act shall take effect.
   17    S  2.  Subdivision 12 of section 17 of chapter 345 of the laws of 2009
   18  amending the education law relating to the New York city board of educa-
   19  tion, chancellor, community councils, and community superintendents,  is
   20  amended to read as follows:
   21    12. any provision in sections one, two, three, four, five, six, seven,
   22  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
   23  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
   24  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
   25  and be deemed repealed June 30, [2015] 2016.
   26    S  3.  Subdivisions  9  and  9-a of section 2852 of the education law,
   27  subdivision 9 as amended and subdivision 9-a as added by chapter 101  of
   28  the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
   29  221  of the laws of 2010, paragraph (f) of subdivision 9-a as amended by
   30  chapter 102 of the laws of 2010, are amended to read as follows:
   31    9. The total number of charters issued pursuant to this article STATE-
   32  WIDE shall not exceed [four] FIVE hundred sixty.   (a) [One  hundred  of
   33  such charters shall be issued on the recommendation of the charter enti-
   34  ty  described  in  paragraph (b) of subdivision three of section twenty-
   35  eight hundred fifty-one of this article; (b) one hundred of  such  char-
   36  ters shall be issued on the recommendation of the other charter entities
   37  set forth in subdivision three of section twenty-eight hundred fifty-one
   38  of  this  article; (c) up to fifty of the additional charters authorized
   39  to be issued by the chapter of the laws  of  two  thousand  seven  which
   40  amended  this subdivision effective July first, two thousand seven shall
   41  be reserved for a city school district of a city having a population  of
   42  one  million or more; (d) one hundred thirty charters shall be issued by
   43  the board of regents pursuant to a  competitive  process  in  accordance
   44  with  subdivision  nine-a  of  this  section, provided that no more than
   45  fifty-seven of such charters shall be granted to a charter for a  school
   46  to  be located in a city having a population of one million or more; (e)
   47  one hundred thirty charters shall be issued by the board of  regents  on
   48  the  recommendation  of the board of trustees of the state university of
   49  New York pursuant to a competitive process in accordance  with  subdivi-
   50  sion  nine-a  of this section, provided that no more than fifty-seven of
   51  such charters shall be granted to a charter for a school to  be  located
   52  in  a  city  having  a  population  of one million or more] ALL CHARTERS
   53  ISSUED ON OR AFTER FEBRUARY FIRST,  TWO  THOUSAND  FIFTEEN  AND  COUNTED
   54  TOWARD  THE  NUMERICAL  LIMITS  ESTABLISHED BY THIS SUBDIVISION SHALL BE
   55  ISSUED BY THE BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF
   56  REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF  THE  STATE
       S. 5672                             3
    1  UNIVERSITY  OF  NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE
    2  WITH SUBDIVISION NINE-A OF THIS SECTION. The  failure  of  any  body  to
    3  issue  the  regulations  authorized  pursuant  to this article shall not
    4  affect  the  authority  of  a charter entity to propose a charter to the
    5  board of regents or the board of regents' authority to grant such  char-
    6  ter.  A  conversion  of an existing public school to a charter school or
    7  the renewal or extension of a charter APPROVED  BY  ANY  CHARTER  ENTITY
    8  shall  not  be  counted  toward the numerical limits established by this
    9  subdivision.
   10    (B) A CHARTER SCHOOL WHOSE CHARTER HAS BEEN  SURRENDERED,  REVOKED  OR
   11  TERMINATED,  INCLUDING  A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF
   12  ITS CHARTER ENTITY, SHALL NOT BE COUNTED  TOWARD  THE  NUMERICAL  LIMITS
   13  ESTABLISHED  BY  THIS  SUBDIVISION  AND INSTEAD SHALL BE RETURNED TO THE
   14  STATEWIDE POOL AND MAY BE REISSUED BY THE BOARD OF REGENTS  EITHER  UPON
   15  APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
   16  THE  BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A
   17  COMPETITIVE PROCESS  IN  ACCORDANCE  WITH  SUBDIVISION  NINE-A  OF  THIS
   18  SECTION.
   19    (C)  FOR  PURPOSES  OF DETERMINING THE TOTAL NUMBER OF CHARTERS ISSUED
   20  WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
   21  APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
   22    9-a.  (a)  The  board  of regents is hereby authorized and directed to
   23  issue [two] UP TO FIVE hundred sixty charters UPON  EITHER  APPLICATIONS
   24  SUBMITTED  DIRECTLY  TO THE BOARD OF REGENTS OR APPLICATIONS RECOMMENDED
   25  BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
   26  a competitive request for proposals process.
   27    [(i) Commencing on August first, two thousand  ten  through  September
   28  first,  two  thousand  thirteen,  the  board of regents and the board of
   29  trustees of the state university of New York shall each issue a  request
   30  for proposals in accordance with this subdivision and this subparagraph:
   31    (1)  Each  request  for proposals to be issued by the board of regents
   32  and the board of trustees of the state university of New York on  August
   33  first, two thousand ten shall be for a maximum of thirty-two charters to
   34  be  issued for charter schools which would commence instructional opera-
   35  tion by the September of the next calendar year.
   36    (2) Each request for proposals to be issued by the  board  of  regents
   37  and the board of trustees of the state university of New York on January
   38  first,  two thousand eleven shall be for a maximum of thirty-three char-
   39  ters to be issued for charter schools which would commence instructional
   40  operation by the September of the next calendar year.
   41    (3) Each request for proposals to be issued by the  board  of  regents
   42  and the board of trustees of the state university of New York on January
   43  first, two thousand twelve shall be for a maximum of thirty-two charters
   44  to  be  issued  for  charter  schools which would commence instructional
   45  operation by the September of the next calendar year.
   46    (4) Each request for proposals to be issued by the  board  of  regents
   47  and the board of trustees of the state university of New York on Septem-
   48  ber  first, two thousand thirteen shall be for a maximum of thirty-three
   49  charters to be issued for charter schools which would commence  instruc-
   50  tional operation by the September of the next calendar year.
   51    (ii) If after September first, two thousand thirteen, either the board
   52  of  regents or the board of trustees of the state university of New York
   53  have any charters which have not yet been issued,  they  may  be  issued
   54  pursuant to requests for proposals issued in each succeeding year, with-
   55  out  limitation as to when such requests for proposals may be issued, or
   56  a limitation on the number of charters which may be issued.
       S. 5672                             4
    1    (iii) Notwithstanding the provisions of clauses one,  two,  three  and
    2  four of subparagraph (i) of this paragraph and subparagraph (ii) of this
    3  paragraph,  if  fewer  charters  are  issued than were requested in such
    4  request for proposals, the difference may be  added  to  the  number  of
    5  charters  requested in the request for proposals issued in each succeed-
    6  ing year.
    7    (iv)] The board of regents shall make a determination to issue a char-
    8  ter pursuant to a request for proposals no later than  December  thirty-
    9  first of each year.
   10    (b)  The  board  of  regents  and  the  board of trustees of the state
   11  university of New York shall each develop such request for proposals  in
   12  a manner that facilitates a thoughtful review of charter school applica-
   13  tions,  considers  the  demand for charter schools by the community, and
   14  seeks to locate charter schools in a region or regions where  there  may
   15  be  a  lack  of alternatives and access to charter schools would provide
   16  new alternatives within the local public  education  system  that  would
   17  offer  the  greatest educational benefit to students. Applications shall
   18  be evaluated in accordance with the criteria  and  objectives  contained
   19  within  a  request  for proposals. The board of regents and the board of
   20  trustees of the state university of New  York  shall  not  consider  any
   21  applications  which do not rigorously demonstrate that they have met the
   22  following criteria:
   23    (i) that the proposed charter school would meet or  exceed  enrollment
   24  and  retention  targets,  as  prescribed  by the board of regents or the
   25  board of trustees of the state university of New York, as applicable, of
   26  students with disabilities, English language learners, and students  who
   27  are  eligible  applicants  for the free and reduced price lunch program.
   28  When developing such targets, the board of  regents  and  the  board  of
   29  trustees of the state university of New York, shall ensure (1) that such
   30  enrollment  targets  are  comparable  to  the enrollment figures of such
   31  categories of students attending the public schools  within  the  school
   32  district,  or in a city school district in a city having a population of
   33  one million or more inhabitants, the community school district, in which
   34  the proposed  charter  school  would  be  located;  and  (2)  that  such
   35  retention  targets are comparable to the rate of retention of such cate-
   36  gories of students  attending  the  public  schools  within  the  school
   37  district,  or in a city school district in a city having a population of
   38  one million or more inhabitants, the community school district, in which
   39  the proposed charter school would be located; and
   40    (ii) that the applicant has conducted public outreach,  in  conformity
   41  with  a  thorough and meaningful public review process prescribed by the
   42  board of regents and the board of trustees of the  state  university  of
   43  New  York,  to  solicit  community  input regarding the proposed charter
   44  school and to address comments  received  from  the  impacted  community
   45  concerning the educational and programmatic needs of students.
   46    (c)  The  board  of  regents  and  the  board of trustees of the state
   47  university of New York shall grant priority based on a scoring rubric to
   48  those applications that best  demonstrate  how  they  will  achieve  the
   49  following objectives, and any additional objectives the board of regents
   50  and  the  board  of  trustees  of  the state university of New York, may
   51  prescribe:
   52    (i) increasing student achievement and decreasing student  achievement
   53  gaps in reading/language arts and mathematics;
   54    (ii)  increasing  high school graduation rates and focusing on serving
   55  specific high school student populations including, but not limited  to,
   56  students  at  risk  of  not obtaining a high school diploma, re-enrolled
       S. 5672                             5
    1  high school drop-outs, and students with  academic  skills  below  grade
    2  level;
    3    (iii)  focusing  on the academic achievement of middle school students
    4  and preparing them for a successful transition to high school;
    5    (iv)  utilizing  high-quality  assessments  designed  to   measure   a
    6  student's  knowledge,  understanding  of, and ability to apply, critical
    7  concepts through the use of a variety of item types and formats;
    8    (v) increasing the acquisition, adoption, and use  of  local  instruc-
    9  tional improvement systems that provide teachers, principals, and admin-
   10  istrators  with  the  information  and resources they need to inform and
   11  improve their  instructional  practices,  decision-making,  and  overall
   12  effectiveness;
   13    (vi)  partnering  with  low  performing  public schools in the area to
   14  share best educational practices and innovations;
   15    (vii) demonstrating the management and leadership techniques necessary
   16  to overcome initial start-up problems to establish  a  thriving,  finan-
   17  cially viable charter school;
   18    (viii)  demonstrating  the support of the school district in which the
   19  proposed charter school will be located and the intent to  establish  an
   20  ongoing relationship with such school district.
   21    (d)  No  later  than  November  first,  two  thousand ten, and of each
   22  succeeding year, after a thorough review of applications  received,  the
   23  board  of  trustees  of the state university of New York shall recommend
   24  for approval to the board of regents the qualified applications that  it
   25  has  determined rigorously demonstrate the criteria and best satisfy the
   26  objectives contained within a request for proposals, along with support-
   27  ing documentation outlining such determination.
   28    (e) Upon receipt of a proposed charter to be issued pursuant  to  this
   29  subdivision  submitted  by a charter entity, the board of regents or the
   30  board of trustees of the state university of  New  York,  shall  review,
   31  recommend and issue, as applicable, such charters in accordance with the
   32  standards established in this subdivision.
   33    (f)  The board of regents shall be the only entity authorized to issue
   34  a charter pursuant to this article. The board of regents shall  consider
   35  applications submitted directly to the board of regents and applications
   36  recommended  by  the  board  of  trustees of the state university of New
   37  York. Provided, however, that all such recommended applications shall be
   38  deemed approved and issued pursuant to the  provisions  of  subdivisions
   39  five, five-a and five-b of this section.
   40    (g)  Each application submitted in response to a request for proposals
   41  pursuant to this subdivision shall also meet  the  application  require-
   42  ments  set  out in this article and any other applicable laws, rules and
   43  regulations.
   44    (h) During the development of a request for proposals pursuant to this
   45  subdivision the board of regents and the board of trustees of the  state
   46  university  of  New  York shall each afford the public an opportunity to
   47  submit comments and shall review and consider the comments raised by all
   48  interested parties.
   49    S 4. Section 2590-q of the education law is amended by  adding  a  new
   50  subdivision 19 to read as follows:
   51    19.  WITH  RESPECT  TO SPECIAL, FEDERAL, STATE, AND PRIVATE FUNDS, THE
   52  CHANCELLOR SHALL REPORT THE DISTRIBUTION OF  SUCH  FUNDS  BY  INDIVIDUAL
   53  SCHOOL,  AND  ON  A  PER  PUPIL  BASIS FOR EACH INDIVIDUAL SCHOOL TO THE
   54  GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER  OF  THE  ASSEMBLY,
   55  AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
       S. 5672                             6
    1    S  5. The opening paragraph of section 2590-r of the education law, as
    2  amended by chapter 345 of the laws   of 2009,  is  amended  to  read  as
    3  follows:
    4    The chancellor shall, in consultation with the city board and communi-
    5  ty  district  superintendents,  establish in regulations a comprehensive
    6  process of school-based budgeting and  expenditure  reporting  no  later
    7  than  November first, nineteen hundred ninety-eight. ANY REPORT PREPARED
    8  IN ACCORDANCE WITH THIS SECTION  SHALL  BE  PUBLICLY  AVAILABLE  ON  THE
    9  WEBSITE  OF  THE  NEW YORK CITY DEPARTMENT OF EDUCATION. Notwithstanding
   10  any provision of section twenty-five hundred ninety-q of this article to
   11  the contrary, such regulations shall include provisions for:
   12    S 6. Section 2590-g of the education law is amended by  adding  a  new
   13  subdivision 12-a to read as follows:
   14    12-A.  PROVIDE  INFORMATION,  DATA, ESTIMATES AND STATISTICS REGARDING
   15  ALL MATTERS RELATING TO THE CITY DISTRICT, AS REQUESTED BY  MEMBERS  AND
   16  OFFICERS  OF  THE  SENATE,  ASSEMBLY, AND GOVERNOR'S OFFICE, IN A TIMELY
   17  FASHION. SUCH INFORMATION SHALL BE MAINTAINED AND UPDATED  IN  A  TIMELY
   18  FASHION  AND  SHALL AT A MINIMUM INCLUDE DATA RELATING TO:  (A) NEW YORK
   19  CITY DEPARTMENT OF EDUCATION  SCHOOL  CHARACTERISTICS  INCLUDING  GRADES
   20  SERVED,  NUMBER  OF  TEACHERS,  STUDENT  ENROLLMENT, SCHOOL TYPE, SCHOOL
   21  CHARACTERISTICS, QUALITY REVIEW SCORES,  GRADUATION  RATES  AND  AVERAGE
   22  CLASS  SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL CHARAC-
   23  TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
   24  EXPERIENCE AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF  EDUCATION
   25  TEACHER  CHARACTERISTICS  INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION
   26  LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
   27  NUMBER OF STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY  AND  ATTRI-
   28  TION  RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT CHARACTER-
   29  ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
   30  (E) GIFTED AND TALENTED PROGRAMS APPLICATION  DATA  INCLUDING  ADMISSION
   31  DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
   32  GARTEN  PROGRAMS  INCLUDING PROGRAM LOCATIONS, CAPACITY, STUDENT ENROLL-
   33  MENT, NUMBER OF TEACHERS, TEACHER CHARACTERISTICS,  STUDENT  ATTENDANCE,
   34  STUDENT  DEMOGRAPHICS  AND  EFFECTIVENESS DATA; (G) FUNDING FOR NEW YORK
   35  CITY DEPARTMENT OF EDUCATION SCHOOLS  INCLUDING  DEPARTMENT  FUNDING  BY
   36  DOLLARS,  EXPENDITURES  BY CATEGORY AND EXTERNAL FUNDING IN DOLLARS; (H)
   37  FUNDING FOR NEW YORK CITY DEPARTMENT  OF  EDUCATION  PROGRAMS  INCLUDING
   38  DEPARTMENT  FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND (I)
   39  GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET. PROVIDED, HOWEVER,
   40  THAT ALL INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL COMPLY
   41  WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
   42    S 7. Pursuant to a schedule to be developed by  the  director  of  the
   43  budget,  the  mayor  of  the  city of New York shall submit an education
   44  budget plan, including the overall education funding amount and  funding
   45  distribution  policy,  in  a form to be developed by the director of the
   46  budget, demonstrating how the mayor's  proposed  education  budget  will
   47  target  resources  at  schools  serving  students  with  higher needs to
   48  improve student achievement city-wide. Such education budget  plan  must
   49  be  approved  by  the director of the budget, the temporary president of
   50  the senate, and the  speaker  of  the  assembly  prior  to  the  mayor's
   51  submission  of a proposed executive budget to the New York city council.
   52  The final adopted budget, as well as any subsequent modifications, shall
   53  be consistent with the approved education budget plan unless any changes
   54  are approved by the director of the budget, the temporary  president  of
   55  the senate, and the speaker of the assembly.
       S. 5672                             7
    1    S  8.  Paragraph (b) of subdivision 2 of section 2854 of the education
    2  law, as amended by chapter 101 of the laws of 2010, is amended and a new
    3  paragraph (b-1) is added 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  Applications for admission to a charter school shall be submitted  on  a
    7  uniform  application  form  created  by the department and shall be made
    8  available by a charter school in languages predominately spoken  in  the
    9  community  in  which  such  charter  school is located. The school shall
   10  enroll each eligible student who submits a  timely  application  by  the
   11  first  day of April each year, unless the number of applications exceeds
   12  the capacity of the grade level or building.  In  such  cases,  students
   13  shall  be  accepted from among applicants by a random selection process,
   14  provided, however, that an enrollment preference shall  be  provided  to
   15  pupils  returning  to the charter school in the second or any subsequent
   16  year of operation and pupils residing in the school  district  in  which
   17  the  charter  school is located, and siblings of pupils already enrolled
   18  in the charter school.
   19    (B-1) THE SCHOOL MAY OFFER AN ENROLLMENT PREFERENCE TO PUPILS WHO  ARE
   20  THE  CHILDREN  OF  EMPLOYEES OF THE CHARTER SCHOOL, THE EDUCATION CORPO-
   21  RATION, OR THE CHARTER MANAGEMENT ORGANIZATION FOR SUCH CHARTER  SCHOOL;
   22  PROVIDED  THAT ANY ENROLLMENT PREFERENCES OFFERED PURSUANT TO THIS PARA-
   23  GRAPH SHALL  NOT  TOGETHER  EXCEED  TWENTY  PERCENT  OF  NEWLY  ADMITTED
   24  STUDENTS IN THE APPLICABLE SCHOOL YEAR.
   25    (B-2) The commissioner shall establish regulations to require that the
   26  random  selection  process  conducted  pursuant  to  this  paragraph  be
   27  performed in a transparent and equitable manner and to require that  the
   28  time and place of the random selection process be publicized in a manner
   29  consistent  with  the  requirements  of  section one hundred four of the
   30  public officers law and be open to the public. For the purposes of  this
   31  paragraph  and paragraph (a) of this subdivision, the school district in
   32  which the charter school is located shall  mean,  for  the  city  school
   33  district  of  the  city of New York, the community district in which the
   34  charter school is located.
   35    S 9. Paragraph (a-1) of subdivision 3 of section 2854 of the education
   36  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
   37  follows:
   38    (a-1)  The  board  of  trustees  of  a charter school shall employ and
   39  contract  with  necessary  teachers,  administrators  and  other  school
   40  personnel.  Such  teachers  shall  be  certified  in accordance with the
   41  requirements applicable to other public schools; provided, however, that
   42  a charter school may employ as teachers (i) uncertified teachers with at
   43  least three years of elementary, middle or secondary classroom  teaching
   44  experience; (ii) tenured or tenure track college faculty; (iii) individ-
   45  uals  with  two  years  of satisfactory experience through the Teach for
   46  America program; and (iv) individuals who possess exceptional  business,
   47  professional,  artistic,  athletic,  or  military  experience, provided,
   48  however, that such teachers described in clauses (i), (ii),  (iii),  and
   49  (iv)  of this paragraph shall not in total comprise more than thirty per
   50  centum of the teaching staff of a  charter  school,  or  five  teachers,
   51  whichever  is [less] GREATER.  A teacher certified or otherwise approved
   52  by the commissioner shall not be included in the numerical limits estab-
   53  lished by the preceding sentence.
   54    S 10. This act shall take effect immediately; provided that:
   55    1. The amendments to section 2590-q  of  the  education  law  made  by
   56  section  four of this act shall be deemed to have been in full force and
       S. 5672                             8
    1  effect on and after January 1, 2012, and shall not affect the expiration
    2  of such section and shall expire therewith;
    3    2.  The  amendments  to  section  2590-r  of the education law made by
    4  section five of this act shall be deemed to have been in full force  and
    5  effect on and after January 1, 2012, and shall not affect the expiration
    6  of such section and shall expire therewith;
    7    3.  The  amendments  to  section  2590-g  of the education law made by
    8  section six of this act shall be deemed to have been in full  force  and
    9  effect on and after January 1, 2012, and shall not affect the expiration
   10  of such section and shall expire therewith.