Bill Text: NY A04975 | 2011-2012 | General Assembly | Amended
Bill Title: Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A04975 Detail]
Download: New_York-2011-A04975-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4975--B
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. McENENY, CANESTRARI -- read once and referred to
the Committee on Education -- reported and referred to the Committee
on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to charter school tuition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 2856 of the
2 education law, as amended by section 12 of part A of chapter 57 of the
3 laws of 2009, is amended to read as follows:
4 (a) The enrollment of students attending charter schools shall be
5 included in the enrollment, attendance, membership and, if applicable,
6 count of students with disabilities of the school district in which the
7 pupil resides. The charter school shall report all such data to the
8 school districts of residence in a timely manner. Each school district
9 shall report such enrollment, attendance and count of students with
10 disabilities to the department. The school district of residence shall
11 pay directly to the charter school for each student enrolled in the
12 charter school who resides in the school district the charter school
13 basic tuition, which shall be an amount equal to one hundred percent of
14 the amount calculated pursuant to paragraph f of subdivision one of
15 section thirty-six hundred two of this chapter for the school district
16 for the year prior to the base year increased by the percentage change
17 in the state total approved operating expense calculated pursuant to
18 paragraph t of subdivision one of section thirty-six hundred two of this
19 chapter from two years prior to the base year to the base year;
20 provided, however, that for the two thousand nine--two thousand ten
21 school year, the charter school basic tuition shall be the amount paya-
22 ble by such district as charter school basic tuition for the two thou-
23 sand eight--two thousand nine school year. FOR THE TWO THOUSAND TEN--TWO
24 THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION FOR A CITY
25 SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF MORE THAN NINETY THOU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06158-05-1
A. 4975--B 2
1 SAND INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETER-
2 MINED IN ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE
3 THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION FOR
4 THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.
5 S 2. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
6 2856 of the education law, as added by section 21 of part A of chapter
7 58 of the laws of 2011, is amended to read as follows:
8 (iii) for the two thousand ten--two thousand eleven through two thou-
9 sand twelve--two thousand thirteen school years, the charter school
10 basic tuition shall be the basic tuition computed for the two thousand
11 ten--two thousand eleven school year pursuant to the provisions of
12 subparagraph (i) of this paragraph;
13 (IV) NOTWITHSTANDING THE FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
14 CITY HAVING A POPULATION OF MORE THAN NINETY THOUSAND INHABITANTS BUT
15 LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETERMINED IN ACCORDANCE
16 WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND TEN--TWO
17 THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE
18 THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
19 SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND TWO
20 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
21 BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE CHARTER SCHOOL BASIC
22 TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR HAD IT
23 BEEN COMPUTED PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS
24 PARAGRAPH.
25 S 3. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
26 2856 of the education law, as amended by section 22 of part A of chapter
27 58 of the laws of 2011, is amended to read as follows:
28 (iii) for the two thousand ten--two thousand eleven through two thou-
29 sand twelve--two thousand thirteen school years, the charter school
30 basic tuition shall be the basic tuition computed for the two thousand
31 ten--two thousand eleven school year pursuant to the provisions of
32 subparagraph (i) of this paragraph;
33 (IV) NOTWITHSTANDING THE FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
34 CITY HAVING A POPULATION OF MORE THAN NINETY THOUSAND INHABITANTS BUT
35 LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETERMINED IN ACCORDANCE
36 WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND TEN--TWO
37 THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE
38 THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
39 SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND TWO
40 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
41 BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE CHARTER SCHOOL BASIC
42 TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR HAD IT
43 BEEN COMPUTED PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS
44 PARAGRAPH.
45 S 4. This act shall take effect immediately; provided that section one
46 of this act shall be deemed to have been in full force and effect on and
47 after July 1, 2010; provided that sections two and three of this act
48 shall take effect on the same date as sections 21 and 22, respectively,
49 of part A of chapter 58 of the laws of 2011 take effect; and provided
50 further that the amendments to subdivision 1 of section 2856 of the
51 education law made by sections one and two of this act shall not affect
52 the expiration of such subdivision as provided in chapter 378 of the
53 laws of 2007, as amended, when upon such date the provisions of section
54 three of this act shall take effect.
