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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2007--A
                              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  --  committee
         discharged, bill amended, 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06158-04-1
       S. 2007--A                          2
    1  SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF MORE THAN NINETY  THOU-
    2  SAND  INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETER-
    3  MINED IN ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS,  SHALL  BE
    4  THE  AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION FOR
    5  THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.
    6    S 2. Subparagraph (iii) of paragraph (a) of subdivision 1  of  section
    7  2856  of  the education law, as added by section 21 of part A of chapter
    8  58 of the laws of 2011, is amended to read as follows:
    9    (iii) for the two thousand ten--two thousand eleven through two  thou-
   10  sand  twelve--two  thousand  thirteen  school  years, the charter school
   11  basic tuition shall be the basic tuition computed for the  two  thousand
   12  ten--two  thousand  eleven  school  year  pursuant  to the provisions of
   13  subparagraph (i) of this paragraph; PROVIDED HOWEVER FOR A  CITY  SCHOOL
   14  DISTRICT  IN  A  CITY  HAVING  A POPULATION OF MORE THAN NINETY THOUSAND
   15  INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND  INHABITANTS,  DETERMINED
   16  IN  ACCORDANCE  WITH  THE  LATEST  FEDERAL DECENNIAL CENSUS, FOR THE TWO
   17  THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOUSAND TWELVE--TWO THOU-
   18  SAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL BASIC  TUITION  SHALL  BE
   19  THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
   20  SCHOOL YEAR.
   21    S 3. Subdivision 1 of section 2856 of the education law, as amended by
   22  section  22  of  part A of chapter 58 of the laws of 2011, is amended to
   23  read as follows:
   24    1. (a) The enrollment of students attending charter schools  shall  be
   25  included  in  the  enrollment,  attendance  and, if applicable, count of
   26  students with disabilities of the school district  in  which  the  pupil
   27  resides.  The  charter  school  shall report all such data to the school
   28  districts of residence in a timely manner. Each  school  district  shall
   29  report  such enrollment, attendance and count of students with disabili-
   30  ties to the department. The  school  district  of  residence  shall  pay
   31  directly  to the charter school for each student enrolled in the charter
   32  school who resides in the  school  district  the  charter  school  basic
   33  tuition which shall be:
   34    (i)  for school years prior to the two thousand nine--two thousand ten
   35  school year and for school years following the two thousand  twelve--two
   36  thousand thirteen school year, an amount equal to one hundred percent of
   37  the  amount  calculated  pursuant  to  paragraph f of subdivision one of
   38  section thirty-six hundred two of this chapter for the  school  district
   39  for  the  year prior to the base year increased by the percentage change
   40  in the state total approved operating  expense  calculated  pursuant  to
   41  paragraph t of subdivision one of section thirty-six hundred two of this
   42  chapter from two years prior to the base year to the base year;
   43    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
   44  charter school basic  tuition  shall  be  the  amount  payable  by  such
   45  district as charter school basic tuition for the two thousand eight--two
   46  thousand nine school year;
   47    (iii)  for the two thousand ten--two thousand eleven through two thou-
   48  sand twelve--two thousand thirteen  school  years,  the  charter  school
   49  basic  tuition  shall be the basic tuition computed for the two thousand
   50  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
   51  subparagraph  (i)  of this paragraph; PROVIDED HOWEVER FOR A CITY SCHOOL
   52  DISTRICT IN A CITY HAVING A POPULATION  OF  MORE  THAN  NINETY  THOUSAND
   53  INHABITANTS  BUT  LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETERMINED
   54  IN ACCORDANCE WITH THE LATEST FEDERAL  DECENNIAL  CENSUS,  FOR  THE  TWO
   55  THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOUSAND TWELVE--TWO THOU-
   56  SAND  THIRTEEN  SCHOOL  YEARS, THE CHARTER SCHOOL BASIC TUITION SHALL BE
       S. 2007--A                          3
    1  THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
    2  SCHOOL YEAR.
    3    (b)  The school district shall also pay directly to the charter school
    4  any federal or state aid attributable to a  student  with  a  disability
    5  attending charter school in proportion to the level of services for such
    6  student  with  a disability that the charter school provides directly or
    7  indirectly. Notwithstanding anything in this section  to  the  contrary,
    8  amounts  payable pursuant to this subdivision may be reduced pursuant to
    9  an agreement between the school and the charter entity set forth in  the
   10  charter. Payments made pursuant to this subdivision shall be made by the
   11  school district in six substantially equal installments each year begin-
   12  ning  on the first business day of July and every two months thereafter.
   13  Amounts payable under  this  subdivision  shall  be  determined  by  the
   14  commissioner.  Amounts  payable to a charter school in its first year of
   15  operation shall be based on the projections of  initial-year  enrollment
   16  set  forth in the charter. Such projections shall be reconciled with the
   17  actual enrollment at the end of the school's first  year  of  operation,
   18  and  any  necessary  adjustments  shall  be  made to payments during the
   19  school's second year of operation.
   20    S 4. This act shall take effect immediately; provided that section one
   21  of this act shall be deemed to have been in full force and effect on and
   22  after July 1, 2010; provided that sections two and  three  of  this  act
   23  shall  take effect on the same date as sections 21 and 22, respectively,
   24  of part A of chapter 58 of the laws of 2011 take  effect;  and  provided
   25  further  that  the  amendments  to  subdivision 1 of section 2856 of the
   26  education law made by sections one and two of this act shall not  affect
   27  the  expiration  of  such  subdivision as provided in chapter 378 of the
   28  laws of 2007, as amended, when upon such date the provisions of  section
   29  three of this act shall take effect.