Senate approves bill raising cap on charter schools

ALBANY - Hoping to improve New York's chances of winning $700 million in federal aid, the State Senate last night approved a bill raising the cap on charter schools from 200 to 460 and requiring more accountability from them.

The legislation, introduced by the Democratic majority, needed Republican votes to pass, 45 to 15. Whether the Assembly takes up the measure remains in doubt.

The New York State United Teachers union opposes the bill, saying it undermines public education and fails to ensure charter schools don't waste tax dollars they are given.

The legislature's Democratic chiefs said in mid-January that they had reached a compromise to lift the cap, but then never brought the bill to a vote. Without the change and others, New York's application for federal Race to the Top aid fell short in Round I of the competition in March. The deadline for Round II is June 1 with another $700 million up for grabs.

Senators on both sides of the political aisle noted the federal money would offset much of Gov. David A. Paterson's proposed $1.1-billion reduction in state education aid for 2010-11.

"Ninety-nine percent of the $700 million would go to traditional public schools," said Sen. Craig Johnson (D-Port Washington). "New York's record on education reform has been dismal. We must do better so that we win Race to the Top money."

Though there are no charter schools in his Nassau district, Johnson has angered some of his Democratic colleagues from New York City by stridently pushing to lift the cap.

Sen. John Flanagan of East Northport, the top Republican on the education committee, said the bill merited support because it boosts New York's Round II application. If the federal aid were forthcoming it would "eliminate or minimize the pain of education cuts so that our students continue to have access to the best education possible," he said.

Flanagan and others said support for the bill doesn't undercut the state's primary obligation to support public schools. "Charter schools work in certain areas. They aren't for everywhere or for everyone," Flanagan added.

There are 176 charter schools statewide including five on Long Island. In addition to expanding their number, the Senate bill permits BOCES to provide services to charter schools and requires public disclosure of audits and other reviews of school performance.

Paterson Monday praised the Senate for taking up the legislation, saying, "this would move us closer to eligibility for the second round of Race to the Top competition funds."

However, NYSUT president Richard Iannuzzi said the 600,000-member union will not support lawmakers in the 2010 elections who back lifting the charter school cap. Of Long Island's nine senators, only Kenneth LaValle (R-Port Jefferson) voted "no."