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.