S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5973
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2015
                                      ___________
       Introduced  by Sen. FLANAGAN -- 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    8  act  shall expire and be deemed repealed June 30, [2015] 2016; provided,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   13  2554  of  the  education  law  as repealed by section three of this act,
   14  subdivision 1 of section 2590-b of the  education  law  as  repealed  by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.
                                                                  LBD11632-04-5
       S. 5973                             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.  Section  2851  of  the education law is amended by adding a new
   27  subdivision 5 to read as follows:
   28    5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  IN  A  CITY
   29  HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL
   30  APPROVED  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
   31  MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B)
   32  OR (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER  CHAR-
   33  TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS
   34  OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI-
   35  NATE  UPON  SUCH  CHARTER  SCHOOL  ENTERING INTO A CHARTER AGREEMENT, AS
   36  DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF
   37  THIS ARTICLE, WITH ANOTHER CHARTER  ENTITY,  AND  THE  CHANCELLOR  SHALL
   38  PROVIDE  IN  A  TIMELY  FASHION  INFORMATION  RELEVANT TO THE CHARTER AS
   39  REQUESTED BY SUCH OTHER CHARTER ENTITY.
   40    S 4. Subdivisions 9 and 9-a of section  2852  of  the  education  law,
   41  subdivision  9 as amended and subdivision 9-a as added by chapter 101 of
   42  the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
   43  221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended  by
   44  chapter 102 of the laws of 2010, are amended to read as follows:
   45    9. The total number of charters issued pursuant to this article STATE-
   46  WIDE  shall  not  exceed  four hundred sixty.   (a) [One hundred of such
   47  charters shall be issued on the recommendation  of  the  charter  entity
   48  described  in paragraph (b) of subdivision three of section twenty-eight
   49  hundred fifty-one of this article; (b)  one  hundred  of  such  charters
   50  shall  be issued on the recommendation of the other charter entities set
   51  forth in subdivision three of section twenty-eight hundred fifty-one  of
   52  this  article;  (c) up to fifty of the additional charters authorized to
   53  be issued by the chapter of the laws of two thousand seven which amended
   54  this subdivision effective July  first,  two  thousand  seven  shall  be
   55  reserved for a city school district of a city having a population of one
   56  million  or more; (d) one hundred thirty charters shall be issued by the
       S. 5973                             3
    1  board of regents pursuant to a competitive process  in  accordance  with
    2  subdivision  nine-a  of  this section, provided that no more than fifty-
    3  seven of such charters shall be granted to a charter for a school to  be
    4  located  in  a  city having a population of one million or more; (e) one
    5  hundred thirty charters shall be issued by the board of regents  on  the
    6  recommendation  of  the board of trustees of the state university of New
    7  York pursuant to a competitive process in  accordance  with  subdivision
    8  nine-a  of  this section, provided that no more than fifty-seven of such
    9  charters shall be granted to a charter for a school to be located  in  a
   10  city  having a population of one million or more] ALL CHARTERS ISSUED ON
   11  OR AFTER FEBRUARY FIRST, TWO THOUSAND FIFTEEN  AND  COUNTED  TOWARD  THE
   12  NUMERICAL  LIMITS ESTABLISHED BY THIS SUBDIVISION SHALL BE ISSUED BY THE
   13  BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON
   14  THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE  UNIVERSITY  OF
   15  NEW  YORK  PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVI-
   16  SION NINE-A OF THIS SECTION. The failure of any body to issue the  regu-
   17  lations authorized pursuant to this article shall not affect the author-
   18  ity  of a charter entity to propose a charter to the board of regents or
   19  the board of regents' authority to grant such charter. A  conversion  of
   20  an  existing  public school to a charter school or the renewal or exten-
   21  sion of a charter APPROVED BY ANY CHARTER ENTITY shall  not  be  counted
   22  toward the numerical limits established by this subdivision.
   23    (B)  A  CHARTER  SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
   24  TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY  ACTION  OF
   25  ITS  CHARTER  ENTITY,  SHALL  NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
   26  ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL  BE  RETURNED  TO  THE
   27  STATEWIDE  POOL  AND MAY BE REISSUED BY THE BOARD OF REGENTS EITHER UPON
   28  APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
   29  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO  A
   30  COMPETITIVE  PROCESS  IN  ACCORDANCE  WITH  SUBDIVISION  NINE-A  OF THIS
   31  SECTION.
   32    (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER  OF  CHARTERS  ISSUED
   33  WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
   34  APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
   35    9-a. (a) The board of regents is hereby  authorized  and  directed  to
   36  issue  [two]  UP TO FOUR hundred sixty charters UPON EITHER APPLICATIONS
   37  SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR  APPLICATIONS  RECOMMENDED
   38  BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
   39  a competitive request for proposals process.
   40    [(i)  Commencing  on  August first, two thousand ten through September
   41  first, two thousand thirteen, the board of  regents  and  the  board  of
   42  trustees  of the state university of New York shall each issue a request
   43  for proposals in accordance with this subdivision and this subparagraph:
   44    (1) Each request for proposals to be issued by the  board  of  regents
   45  and  the board of trustees of the state university of New York on August
   46  first, two thousand ten shall be for a maximum of thirty-two charters to
   47  be issued for charter schools which would commence instructional  opera-
   48  tion by the September of the next calendar year.
   49    (2)  Each  request  for proposals to be issued by the board of regents
   50  and the board of trustees of the state university of New York on January
   51  first, two thousand eleven shall be for a maximum of thirty-three  char-
   52  ters to be issued for charter schools which would commence instructional
   53  operation by the September of the next calendar year.
   54    (3)  Each  request  for proposals to be issued by the board of regents
   55  and the board of trustees of the state university of New York on January
   56  first, two thousand twelve shall be for a maximum of thirty-two charters
       S. 5973                             4
    1  to be issued for charter  schools  which  would  commence  instructional
    2  operation by the September of the next calendar year.
    3    (4)  Each  request  for proposals to be issued by the board of regents
    4  and the board of trustees of the state university of New York on Septem-
    5  ber first, two thousand thirteen shall be for a maximum of  thirty-three
    6  charters  to be issued for charter schools which would commence instruc-
    7  tional operation by the September of the next calendar year.
    8    (ii) If after September first, two thousand thirteen, either the board
    9  of regents or the board of trustees of the state university of New  York
   10  have  any  charters  which  have not yet been issued, they may be issued
   11  pursuant to requests for proposals issued in each succeeding year, with-
   12  out limitation as to when such requests for proposals may be issued,  or
   13  a limitation on the number of charters which may be issued.
   14    (iii)  Notwithstanding  the  provisions of clauses one, two, three and
   15  four of subparagraph (i) of this paragraph and subparagraph (ii) of this
   16  paragraph, if fewer charters are issued  than  were  requested  in  such
   17  request  for  proposals,  the  difference  may be added to the number of
   18  charters requested in the request for proposals issued in each  succeed-
   19  ing year.
   20    (iv)] The board of regents shall make a determination to issue a char-
   21  ter  pursuant  to a request for proposals no later than December thirty-
   22  first of each year.
   23    (b) The board of regents and  the  board  of  trustees  of  the  state
   24  university  of New York shall each develop such request for proposals in
   25  a manner that facilitates a thoughtful review of charter school applica-
   26  tions, considers the demand for charter schools by  the  community,  and
   27  seeks  to  locate charter schools in a region or regions where there may
   28  be a lack of alternatives and access to charter  schools  would  provide
   29  new  alternatives  within  the  local public education system that would
   30  offer the greatest educational benefit to students.  Applications  shall
   31  be  evaluated  in  accordance with the criteria and objectives contained
   32  within a request for proposals. The board of regents and  the  board  of
   33  trustees  of  the  state  university  of New York shall not consider any
   34  applications which do not rigorously demonstrate that they have met  the
   35  following criteria:
   36    (i)  that  the proposed charter school would meet or exceed enrollment
   37  and retention targets, as prescribed by the  board  of  regents  or  the
   38  board of trustees of the state university of New York, as applicable, of
   39  students  with disabilities, English language learners, and students who
   40  are eligible applicants for the free and reduced  price  lunch  program.
   41  When  developing  such  targets,  the  board of regents and the board of
   42  trustees of the state university of New York, shall ensure (1) that such
   43  enrollment targets are comparable to  the  enrollment  figures  of  such
   44  categories  of  students  attending the public schools within the school
   45  district, or in a city school district in a city having a population  of
   46  one million or more inhabitants, the community school district, in which
   47  the  proposed  charter  school  would  be  located;  and  (2)  that such
   48  retention targets are comparable to the rate of retention of such  cate-
   49  gories  of  students  attending  the  public  schools  within the school
   50  district, or in a city school district in a city having a population  of
   51  one million or more inhabitants, the community school district, in which
   52  the proposed charter school would be located; and
   53    (ii)  that  the applicant has conducted public outreach, in conformity
   54  with a thorough and meaningful public review process prescribed  by  the
   55  board  of  regents  and the board of trustees of the state university of
   56  New York, to solicit community  input  regarding  the  proposed  charter
       S. 5973                             5
    1  school  and  to  address  comments  received from the impacted community
    2  concerning the educational and programmatic needs of students.
    3    (c)  The  board  of  regents  and  the  board of trustees of the state
    4  university of New York shall grant priority based on a scoring rubric to
    5  those applications that best  demonstrate  how  they  will  achieve  the
    6  following objectives, and any additional objectives the board of regents
    7  and  the  board  of  trustees  of  the state university of New York, may
    8  prescribe:
    9    (i) increasing student achievement and decreasing student  achievement
   10  gaps in reading/language arts and mathematics;
   11    (ii)  increasing  high school graduation rates and focusing on serving
   12  specific high school student populations including, but not limited  to,
   13  students  at  risk  of  not obtaining a high school diploma, re-enrolled
   14  high school drop-outs, and students with  academic  skills  below  grade
   15  level;
   16    (iii)  focusing  on the academic achievement of middle school students
   17  and preparing them for a successful transition to high school;
   18    (iv)  utilizing  high-quality  assessments  designed  to   measure   a
   19  student's  knowledge,  understanding  of, and ability to apply, critical
   20  concepts through the use of a variety of item types and formats;
   21    (v) increasing the acquisition, adoption, and use  of  local  instruc-
   22  tional improvement systems that provide teachers, principals, and admin-
   23  istrators  with  the  information  and resources they need to inform and
   24  improve their  instructional  practices,  decision-making,  and  overall
   25  effectiveness;
   26    (vi)  partnering  with  low  performing  public schools in the area to
   27  share best educational practices and innovations;
   28    (vii) demonstrating the management and leadership techniques necessary
   29  to overcome initial start-up problems to establish  a  thriving,  finan-
   30  cially viable charter school;
   31    (viii)  demonstrating  the support of the school district in which the
   32  proposed charter school will be located and the intent to  establish  an
   33  ongoing relationship with such school district.
   34    (d)  No  later  than  November  first,  two  thousand ten, and of each
   35  succeeding year, after a thorough review of applications  received,  the
   36  board  of  trustees  of the state university of New York shall recommend
   37  for approval to the board of regents the qualified applications that  it
   38  has  determined rigorously demonstrate the criteria and best satisfy the
   39  objectives contained within a request for proposals, along with support-
   40  ing documentation outlining such determination.
   41    (e) Upon receipt of a proposed charter to be issued pursuant  to  this
   42  subdivision  submitted  by a charter entity, the board of regents or the
   43  board of trustees of the state university of  New  York,  shall  review,
   44  recommend and issue, as applicable, such charters in accordance with the
   45  standards established in this subdivision.
   46    (f)  The board of regents shall be the only entity authorized to issue
   47  a charter pursuant to this article. The board of regents shall  consider
   48  applications submitted directly to the board of regents and applications
   49  recommended  by  the  board  of  trustees of the state university of New
   50  York. Provided, however, that all such recommended applications shall be
   51  deemed approved and issued pursuant to the  provisions  of  subdivisions
   52  five, five-a and five-b of this section.
   53    (g)  Each application submitted in response to a request for proposals
   54  pursuant to this subdivision shall also meet  the  application  require-
   55  ments  set  out in this article and any other applicable laws, rules and
   56  regulations.
       S. 5973                             6
    1    (h) During the development of a request for proposals pursuant to this
    2  subdivision the board of regents and the board of trustees of the  state
    3  university  of  New  York shall each afford the public an opportunity to
    4  submit comments and shall review and consider the comments raised by all
    5  interested parties.
    6    S  5.  Section  2590-q of the education law is amended by adding a new
    7  subdivision 19 to read as follows:
    8    19. WITH RESPECT TO SPECIAL, FEDERAL, STATE, AND  PRIVATE  FUNDS,  THE
    9  CHANCELLOR  SHALL  REPORT  THE  DISTRIBUTION OF SUCH FUNDS BY INDIVIDUAL
   10  SCHOOL, AND ON A PER PUPIL BASIS  FOR  EACH  INDIVIDUAL  SCHOOL  TO  THE
   11  GOVERNOR,  TEMPORARY  PRESIDENT  OF THE SENATE, SPEAKER OF THE ASSEMBLY,
   12  AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
   13    S 6. The opening paragraph of section 2590-r of the education law,  as
   14  amended  by  chapter  345  of  the laws   of 2009, is amended to read as
   15  follows:
   16    The chancellor shall, in consultation with the city board and communi-
   17  ty district superintendents, establish in  regulations  a  comprehensive
   18  process  of  school-based  budgeting  and expenditure reporting no later
   19  than November first, nineteen hundred ninety-eight. ANY REPORT  PREPARED
   20  IN  ACCORDANCE  WITH  THIS  SECTION  SHALL  BE PUBLICLY AVAILABLE ON THE
   21  WEBSITE OF THE NEW YORK CITY DEPARTMENT  OF  EDUCATION.  Notwithstanding
   22  any provision of section twenty-five hundred ninety-q of this article to
   23  the contrary, such regulations shall include provisions for:
   24    S  7.  Section  2590-g of the education law is amended by adding a new
   25  subdivision 12-a to read as follows:
   26    12-A. PROVIDE INFORMATION, DATA, ESTIMATES  AND  STATISTICS  REGARDING
   27  ALL  MATTERS  RELATING TO THE CITY DISTRICT, AS REQUESTED BY MEMBERS AND
   28  OFFICERS OF THE SENATE, ASSEMBLY, AND GOVERNOR'S  OFFICE,  IN  A  TIMELY
   29  FASHION.  SUCH  INFORMATION  SHALL BE MAINTAINED AND UPDATED IN A TIMELY
   30  FASHION AND SHALL AT A MINIMUM INCLUDE DATA RELATING TO:   (A) NEW  YORK
   31  CITY  DEPARTMENT  OF  EDUCATION  SCHOOL CHARACTERISTICS INCLUDING GRADES
   32  SERVED, NUMBER OF TEACHERS,  STUDENT  ENROLLMENT,  SCHOOL  TYPE,  SCHOOL
   33  CHARACTERISTICS,  QUALITY  REVIEW  SCORES,  GRADUATION RATES AND AVERAGE
   34  CLASS SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL  CHARAC-
   35  TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
   36  EXPERIENCE  AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF EDUCATION
   37  TEACHER CHARACTERISTICS INCLUDING CURRENT EMPLOYMENT  STATUS,  EDUCATION
   38  LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
   39  NUMBER  OF  STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY AND ATTRI-
   40  TION RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT  CHARACTER-
   41  ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
   42  (E)  GIFTED  AND  TALENTED PROGRAMS APPLICATION DATA INCLUDING ADMISSION
   43  DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
   44  GARTEN PROGRAMS INCLUDING PROGRAM LOCATIONS, CAPACITY,  STUDENT  ENROLL-
   45  MENT,  NUMBER  OF TEACHERS, TEACHER CHARACTERISTICS, STUDENT ATTENDANCE,
   46  STUDENT DEMOGRAPHICS AND EFFECTIVENESS DATA; (G) FUNDING  FOR  NEW  YORK
   47  CITY  DEPARTMENT  OF  EDUCATION  SCHOOLS INCLUDING DEPARTMENT FUNDING BY
   48  DOLLARS, EXPENDITURES BY CATEGORY AND EXTERNAL FUNDING IN  DOLLARS;  (H)
   49  FUNDING  FOR  NEW  YORK  CITY DEPARTMENT OF EDUCATION PROGRAMS INCLUDING
   50  DEPARTMENT FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND  (I)
   51  GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET. PROVIDED, HOWEVER,
   52  THAT ALL INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL COMPLY
   53  WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
   54    S  8.  Paragraph (b) of subdivision 2 of section 2854 of the education
   55  law, as amended by chapter 101 of the laws of 2010, is amended and a new
   56  paragraph (b-1) is added to read as follows:
       S. 5973                             7
    1    (b) Any child who is qualified under the laws of this state for admis-
    2  sion to a public school is qualified for admission to a charter  school.
    3  Applications  for  admission to a charter school shall be submitted on a
    4  uniform application form created by the department  and  shall  be  made
    5  available  by  a charter school in languages predominately spoken in the
    6  community in which such charter school  is  located.  The  school  shall
    7  enroll  each  eligible  student  who submits a timely application by the
    8  first day of April each year, unless the number of applications  exceeds
    9  the  capacity  of  the  grade level or building. In such cases, students
   10  shall be accepted from among applicants by a random  selection  process,
   11  provided,  however,  that  an enrollment preference shall be provided to
   12  pupils returning to the charter school in the second or  any  subsequent
   13  year  of  operation  and pupils residing in the school district in which
   14  the charter school is located, and siblings of pupils  already  enrolled
   15  in the charter school.
   16    (B-1)  THE SCHOOL MAY OFFER AN ENROLLMENT PREFERENCE TO PUPILS WHO ARE
   17  THE CHILDREN OF EMPLOYEES OF THE CHARTER SCHOOL,  THE  EDUCATION  CORPO-
   18  RATION,  OR THE CHARTER MANAGEMENT ORGANIZATION FOR SUCH CHARTER SCHOOL;
   19  PROVIDED THAT ANY ENROLLMENT PREFERENCES OFFERED PURSUANT TO THIS  PARA-
   20  GRAPH  SHALL  NOT  TOGETHER  EXCEED  TWENTY  PERCENT  OF  NEWLY ADMITTED
   21  STUDENTS IN THE APPLICABLE SCHOOL YEAR.
   22    (B-2) The commissioner shall establish regulations to require that the
   23  random  selection  process  conducted  pursuant  to  this  paragraph  be
   24  performed  in a transparent and equitable manner and to require that the
   25  time and place of the random selection process be publicized in a manner
   26  consistent with the requirements of section  one  hundred  four  of  the
   27  public  officers law and be open to the public. For the purposes of this
   28  paragraph and paragraph (a) of this subdivision, the school district  in
   29  which  the  charter  school  is  located shall mean, for the city school
   30  district of the city of New York, the community district  in  which  the
   31  charter school is located.
   32    S 9. Paragraph (a-1) of subdivision 3 of section 2854 of the education
   33  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
   34  follows:
   35    (a-1) The board of trustees of  a  charter  school  shall  employ  and
   36  contract  with  necessary  teachers,  administrators  and  other  school
   37  personnel. Such teachers shall  be  certified  in  accordance  with  the
   38  requirements applicable to other public schools; provided, however, that
   39  a charter school may employ as teachers (i) uncertified teachers with at
   40  least  three years of elementary, middle or secondary classroom teaching
   41  experience; (ii) tenured or tenure track college faculty; (iii) individ-
   42  uals with two years of satisfactory experience  through  the  Teach  for
   43  America  program; and (iv) individuals who possess exceptional business,
   44  professional, artistic,  athletic,  or  military  experience,  provided,
   45  however,  that  such teachers described in clauses (i), (ii), (iii), and
   46  (iv) of this paragraph shall not in total comprise more than thirty  per
   47  centum  of  the  teaching  staff  of a charter school, or five teachers,
   48  whichever is [less] GREATER.  A teacher certified or otherwise  approved
   49  by the commissioner shall not be included in the numerical limits estab-
   50  lished by the preceding sentence.
   51    S  10.  Pursuant  to a schedule to be developed by the director of the
   52  budget, the mayor of the city of New  York  shall  submit  an  education
   53  budget  plan, including the overall education funding amount and funding
   54  distribution policy, in a form to be developed by the  director  of  the
   55  budget,  demonstrating  how  the  mayor's proposed education budget will
   56  target resources at  schools  serving  students  with  higher  needs  to
       S. 5973                             8
    1  improve  student  achievement city-wide. Such education budget plan must
    2  be approved by the director of the budget, the  temporary  president  of
    3  the  senate,  and  the  speaker  of  the  assembly  prior to the mayor's
    4  submission  of a proposed executive budget to the New York city council.
    5  The final adopted budget, as well as any subsequent modifications, shall
    6  be consistent with the approved education budget plan unless any changes
    7  are approved by the director of the budget, the temporary  president  of
    8  the senate, and the speaker of the assembly.
    9    S 11. This act shall take effect immediately; provided that:
   10    1.  The  amendments  to  section  2590-q  of the education law made by
   11  section five of this act shall be deemed to have been in full force  and
   12  effect on and after January 1, 2012, and shall not affect the expiration
   13  of such section and shall expire therewith;
   14    2.  The  amendments  to  section  2590-r  of the education law made by
   15  section six of this act shall be deemed to have been in full  force  and
   16  effect on and after January 1, 2012, and shall not affect the expiration
   17  of such section and shall expire therewith;
   18    3.  The  amendments  to  section  2590-g  of the education law made by
   19  section seven of this act shall be deemed to have been in full force and
   20  effect on and after January 1, 2012, and shall not affect the expiration
   21  of such section and shall expire therewith.