The state Assembly passed legislation today to more than double the number of charter schools in the state to 460 from 200 — but its fate was uncertain in the Senate because of controversial changes that critics say could block the growth of charters.
Critics said the biggest change would remove the State University of New York of its independent power to approve charters. Under the bill that cleared the Assembly in a 91-43 vote, SUNY would make recommendations on charter applications but the Board of Regents would have the final say.
Currently, both SUNY and the Board of Regents split duties 50-50 on approving charters — meaning SUNY has independent authority.
For that reason, the New York State Charter School Association came out against the bill.
A prior pro-charter school bill passed the Senate only with the support of Republicans as well as Democrats.
But a Senate GOP source this morning, “It’s a bad bill. They take SUNY completely out of the mix. It’s an easy ‘no’ vote for us.”
The Assembly admitted it goofed and later passed an amendment restoring SUNY’s independent power to approve charter schools.
Assembly Democrats countered that the Board of Regents would be pro-charter and inclined to back SUNY’s recommendations.
The Assembly and the city had struck the tentative accord last night.
“I have every reason to believe that people will be on board,” Assembly Speaker Sheldon Silver (D-Man) said last night.
Sources said one of the most contentious issues — the so-called space wars pitting charter schools against traditional public schools over shared facilities — had been resolved. A building committee would be set up to address problems.
And an appeals process would be established allowing for a traditional public school to be heard when it opposes a sharing arrangement, according to the sources.
The Assembly bill also would require operators who want to run charter schools to participate in a competitive bidding process.
The Assembly proposal would bar for-profit firms from operating charters.
But the several that already have schools up and running will be grandfathered in. The teachers’ union had fought for the ban.
The for-profit ban had state Senate Republicans fuming and threatening to hold up passage.
The charter movement also scored a victory with the defeat of a plan to limit the number of kids attending charters — the so-called saturation provision.
Democratic lawmakers also claimed they were stripping Schools Chancellor Joel Klein of his role in sponsoring charter schools. They said he never had the legal authority to do so, according to sources.
City Hall insiders disputed that, saying Klein maintains his power to help authorize charters.
The frenzied legislative activity came as Tuesday’s deadline approached for New York to submit its application for federal “Race to the Top” funds, that could total $700 million.
The states are judged in part by whether they promote charter schools and support other educational reforms.