BILL NUMBER: S6950
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring certain
procedures for charter school students facing suspension
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide equal due process for students who attend charter schools and
those who attend public schools.
 
SUMMARY OF SPECIFIC PROVISIONS:
The bill would amend § 2854-2(d) of the education law. Section
2854-2(d)(d) A student may withdraw from a charter school at any time
and enroll in a public school. A charter school may refuse admission to
any student who has been expelled or suspended from a public school
until the period of suspension or expulsion from the public school until
the period of suspension or expulsion from the public school has
expired, consistent with the requirements of due process. A student may
only be suspended from a charter school in accordance with the
provisions of subsection 3 of section 3214 of education law.
(d-1) The terms "superintendent, superintendent of schools, district
superintendent of schools or community superintendent" as used in
subsection 3 of section 33214 of education law, as it relates to charter
schools, shall mean the chairperson of the charter school board of trus-
tees.
(d-2) The terms "board of education or board" as used in subsection 3 of
section 3214 of education law, as it related to charter schools, shall
mean the full charter school board of trustees.
 
JUSTIFICATION:
There has been an ongoing debate between how New York City students are
treated in public schools versus charter schools. Charter schools have
been set up to have a more disciplined and structured environment that
is intended for better performance. Children who are suspended in public
schools in the state of New York must have due process rights safe
guarded before said suspension could occur. However, students being
suspended in charter schools do not have these due process rights. This
bill will guarantee that charter school students have the same due proc-
ess rights in regard to suspension as public school students.
 
PRIOR LEGISLATIVE HISTORY:
2024: S.4659 - Referred to Education
2023: S.5682 - Referred to Education
2022: S.5682 - Referred to Education
2021: S.4659 - Referred to Education
2020: S.800 - Referred to Education
2019: S.800 - Referred to Education
2018: S.5802 - Referred to Education/A.5869Referred to Education
2017: S.5802 - Referred to Education/A.5869Referred to Education
2016: S.4270 - Referred to Education/A.5706- Referred to Education
2015: S.4270 - Referred to Education/A.5706- Referred to Education
2014: S.4353 - Referred to Education/A.5789- Referred to Education
2013: S.4353 - Referred to Education/A.5789- Referred to Education
2012: A.10135 - Referred to Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6950: 2854 education law, 2854(2) education law