Bill Text: NY S02007 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 1-0)

Status: (Introduced - Dead) 2012-06-15 - PRINT NUMBER 2007C [S02007 Detail]

Download: New_York-2011-S02007-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2007
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen. BRESLIN -- 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 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-
   26  SAND INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS,  DETER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06158-02-1
       S. 2007                             2
    1  MINED  IN  ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE
    2  THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION  FOR
    3  THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.
    4    S 2. Subdivision 1 of section 2856 of the education law, as separately
    5  amended  by  chapter  4  of the laws of 1998 and section 12 of part A of
    6  chapter 57 of the laws of 2009, is amended to read as follows:
    7    1. The enrollment of  students  attending  charter  schools  shall  be
    8  included  in  the  enrollment,  attendance  and, if applicable, count of
    9  students with disabilities of the school district  in  which  the  pupil
   10  resides.  The  charter  school  shall report all such data to the school
   11  districts of residence in a timely manner. Each  school  district  shall
   12  report  such enrollment, attendance and count of students with disabili-
   13  ties to the department. The  school  district  of  residence  shall  pay
   14  directly  to the charter school for each student enrolled in the charter
   15  school who resides in the school district an amount equal to one hundred
   16  percent of the amount calculated pursuant to paragraph f of  subdivision
   17  one  of  section [thirty six] THIRTY-SIX hundred two of this chapter for
   18  the school district for the year prior to the base year increased by the
   19  percentage change in the state total approved operating  expense  calcu-
   20  lated  pursuant  to  FORMER  subdivision  eleven of section [thirty six]
   21  THIRTY-SIX hundred two of this chapter from two years prior to the  base
   22  year  to  the  base  year;  provided, however, that for the two thousand
   23  nine--two thousand ten school year, the  charter  school  basic  tuition
   24  shall  be  the  amount  payable by such district as charter school basic
   25  tuition for the two thousand eight--two thousand nine school year.   FOR
   26  THE  TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL YEAR, THE CHARTER
   27  SCHOOL BASIC TUITION FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
   28  LATION OF MORE THAN  NINETY  THOUSAND  INHABITANTS  BUT  LESS  THAN  ONE
   29  HUNDRED  THOUSAND  INHABITANTS, DETERMINED IN ACCORDANCE WITH THE LATEST
   30  FEDERAL DECENNIAL CENSUS, SHALL BE THE AMOUNT PAYABLE BY  SUCH  DISTRICT
   31  AS CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND EIGHT--TWO THOUSAND
   32  NINE  SCHOOL  YEAR.  The  school district shall also pay directly to the
   33  charter school any federal or state aid attributable to a student with a
   34  disability attending charter  school  in  proportion  to  the  level  of
   35  services  for  such  student  with  a disability that the charter school
   36  provides  directly  or  indirectly.  Notwithstanding  anything  in  this
   37  section  to  the  contrary, amounts payable pursuant to this subdivision
   38  may be reduced pursuant to an agreement between the school and the char-
   39  ter entity set forth in the charter.  Payments  made  pursuant  to  this
   40  subdivision  shall  be  made by the school district in six substantially
   41  equal installments each year beginning on the first business day of July
   42  and every two months thereafter. Amounts payable under this  subdivision
   43  shall  be  determined  by the commissioner. Amounts payable to a charter
   44  school in its first year of operation shall be based on the  projections
   45  of  initial-year  enrollment  set forth in the charter. Such projections
   46  shall be reconciled with  the  actual  enrollment  at  the  end  of  the
   47  school's first year of operation, and any necessary adjustments shall be
   48  made to payments during the school's second year of operation.
   49    S  3.  This act shall take effect immediately provided that the amend-
   50  ments to subdivision 1 of section 2856 of  the  education  law  made  by
   51  section one of this act shall not affect the expiration of such subdivi-
   52  sion  as  provided  in chapter 378 of the laws of 2007, as amended, when
   53  upon such date the provisions of section two  of  this  act  shall  take
   54  effect.