The State Assembly passed a bill this morning to more than double the number of charter schools allowed in New York State.

The deal, hammered out in negotiations that lasted into the early morning, raises the cap on charters from 200 to 460. But charter operators hoping to open new schools will have to jump through a new hurdle, a new Request for Proposals process managed by the Regents and the State University of New York charter authorizers.

The bill includes several measures dear to charter school critics. It bans for-profit charter operators from managing schools, allows the state controller to audit the schools, and creates new regulations around how the schools serve special education students and English language learners. And the bill sets up new rules that govern how New York City charters share building space with district schools.

The bill includes one change from the version of the bill that was being circulated this morning. The Assembly passed a chapter amendment that clarifies that SUNY can act as an authorizer independently from the Regents.

The bill now heads to the Senate, where sources tell us that Democratic Conference Leader John Sampson is ready to vote the bill up. But Republicans are holding up the bill because they oppose its prohibition of for-profit charter operators.

Many of the key players in the debate, including authorizers, are just seeing the legislation in detail for the first time this morning. Lots of questions, including exactly how the RFP process will work and how the bill will affect where charters will be able to open, should become clearer over the course of the day.

The full press release from Assembly Speaker Sheldon Silver’s office is below. The full text of the bill that just passed is here.

ASSEMBLY APPROVES SWEEPING EDUCATION REFORMS TO SUPPORT NEW YORK STATE’S APPLICATION FOR RACE TO THE TOP FUNDING

Assembly Speaker Sheldon Silver and Education Committee Chair Catherine Nolan today announced the passage of legislation to reform the state’s charter school system.

The legislation (A.11310) would raise the cap on charter schools from 200 to 460, helping to ensure that New York State will have one of the nation’s most competitive applications for federal funding under the Race to the Top (RTTT) grant program in time for the June 1 deadline. This measure, in conjunction with a strong teacher evaluation system authorized earlier in the week and funding for long-term assessment of student achievement, will help ensure that New York State receives maximum RTTT funding.

“These sweeping reforms will help put an end to divisive fighting over school space and give a meaningful voice in the process to traditional public school parents,” said Silver (D-Manhattan). “The legislation also increases transparency by giving the State Comptroller auditing power over charter schools, while ensuring that they enroll and retain children with special needs. This measure will undoubtedly encourage the creation of more successful charter schools in New York State.”

“This bill will allow New York State to submit a competitive application for federal Race to the Top funding and increase our chances at receiving up to $700 million for our schools,” said Nolan (D-Queens). “I would like to thank New York State Board of Regents Chancellor Merryl Tisch, New York State Education Commissioner David Steiner and Senior Deputy Commissioner John King for their leadership, cooperation and hard work.”

The legislation creates a new request for proposals process for the creation of 260 new charter schools. The new system favors applications which best respond to certain Race to the Top objectives such as increasing high school graduation rates and addressing student achievement gaps in reading/language arts and mathematics. Requests for proposals for new charter schools would be issued by the Board of Regents and SUNY trustees after undergoing a public review process.

In addition, the legislation would:

  • Institute a four-year period over which the 260 new charter schools would be created;
  • Prohibit for-profit organizations from operating or managing any new charter schools;
  • Ensure that charter schools serve more children with disabilities, English language learners and free- and reduced-price lunch program participants;
  • Require the chancellor to develop building usage plans for fair allocation and usage of space;
  • Require matching capital improvements to the traditional public school portion of a building when such an improvement is made in excess of $5,000 to the co-located charter school;
  • Authorize the State Comptroller to audit charter schools at his or her discretion; and
  • Increase accountability by new disclosure and ethics provisions.

The Assembly also passed legislation today that would provide financial support for a state longitudinal data system to measure long-term student achievement (A.11309). Earlier this week, the Assembly passed legislation enhancing the statewide evaluation system for teachers and principals (A.11171).