Bill Text: NY S00921 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to payments made by school districts to charter schools.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S00921 Detail]

Download: New_York-2021-S00921-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           921

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law,  in  relation  to  payments  made  by
          school districts to charter schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision  1  of  section  2856  of  the
     2  education  law, as amended by section 4 of part YYY of chapter 59 of the
     3  laws of 2017, is amended to read as follows:
     4    (b) The school district shall also pay directly to the charter  school
     5  any  federal  or  state  aid attributable to a student with a disability
     6  attending charter school in proportion to the level of services for such
     7  student with a disability that the charter school provides  directly  or
     8  indirectly.  Notwithstanding  anything  in this section to the contrary,
     9  amounts payable pursuant to this subdivision from state or  local  funds
    10  may be reduced pursuant to an agreement between the school and the char-
    11  ter  entity  set  forth  in  the charter. Payments made pursuant to this
    12  subdivision shall be made by the school district [in  six  substantially
    13  equal installments each year beginning on the first business day of July
    14  and  every  two  months thereafter] each quarter, at the time and in the
    15  same proportion the school district  receives  its  state  aid.  Amounts
    16  payable  under this subdivision shall be determined by the commissioner.
    17  Amounts payable to a charter school in its first year of operation shall
    18  be based on the projections of initial-year enrollment set forth in  the
    19  charter  until actual enrollment data is reported to the school district
    20  by the charter school. Such projections shall  be  reconciled  with  the
    21  actual  enrollment  as  actual enrollment data is so reported and at the
    22  end of the school's first year of operation  and  each  subsequent  year
    23  based  on a final report of actual enrollment by the charter school, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04708-01-1
        S. 921                              2

     1  any necessary adjustments resulting from such final report shall be made
     2  to payments during the school's following year of operation.
     3    §  2.  Paragraph (b) of subdivision 1 of section 2856 of the education
     4  law, as amended by section 4-a of part YYY of chapter 59 of the laws  of
     5  2017, is amended to read as follows:
     6    (b)  The school district shall also pay directly to the charter school
     7  any federal or state aid attributable to a  student  with  a  disability
     8  attending charter school in proportion to the level of services for such
     9  student  with  a disability that the charter school provides directly or
    10  indirectly. Notwithstanding anything in this section  to  the  contrary,
    11  amounts  payable pursuant to this subdivision may be reduced pursuant to
    12  an agreement between the school and the charter entity set forth in  the
    13  charter. Payments made pursuant to this subdivision shall be made by the
    14  school  district  [in  six  substantially  equal  installments each year
    15  beginning on the first business day of July and every two months  there-
    16  after]  each  quarter, at the time and in the same proportion the school
    17  district receives its state aid. Amounts payable under this  subdivision
    18  shall  be  determined  by the commissioner. Amounts payable to a charter
    19  school in its first year of operation shall be based on the  projections
    20  of  initial-year  enrollment  set forth in the charter. Such projections
    21  shall be reconciled with  the  actual  enrollment  at  the  end  of  the
    22  school's first year of operation, and any necessary adjustments shall be
    23  made to payments during the school's second year of operation.
    24    §  3.  This act shall take effect on the first of July next succeeding
    25  the date upon which it shall have become a law, provided that the amend-
    26  ments to paragraph (b) of subdivision 1 of section 2856 of the education
    27  law made by section one of this act shall be subject to  the  expiration
    28  and  reversion  of such subdivision pursuant to subdivision d of section
    29  27 of chapter 378 of the laws of 2007, as amended, when upon  such  date
    30  the provisions of section two of this act shall take effect.