Bill Text: NY S08522 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to metered in funding for rental assistance for all New York city charter students.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-13 - PRINT NUMBER 8522A [S08522 Detail]

Download: New_York-2023-S08522-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8522--A

                    IN SENATE

                                    February 8, 2024
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on New York City Education --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the education law, in relation to metered in funding for
          rental assistance for all New York city charter students

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

     1    Section  1.  Paragraph  (e)  of  subdivision  3 of section 2853 of the
     2  education law, as added by section 5 of part BB of  chapter  56  of  the
     3  laws  of  2014, subparagraphs 5 and 6 as amended by section 11 of part A
     4  of chapter 54 of the laws of 2016, and clause (B) of subparagraph  5  as
     5  amended  by  section 5 of part YYY of chapter 59 of the laws of 2017, is
     6  amended to read as follows:
     7    (e) In a city school district in a city having  a  population  of  one
     8  million  or  more  inhabitants,  charter  schools  that  [first commence
     9  instruction or that require additional space  due  to  an  expansion  of
    10  grade  level, pursuant to this article, approved by their charter entity
    11  for the two thousand fourteen--two thousand fifteen school year or ther-
    12  eafter and] request co-location in a public  school  building  shall  be
    13  provided  access to facilities pursuant to this paragraph for such char-
    14  ter schools that first commence instruction or that  require  additional
    15  space  due  to  an  expansion  of grade level, pursuant to this article,
    16  approved by their charter entity for those grades newly provided.
    17    (1) Notwithstanding any other provision of law to the contrary, within
    18  the later of (i) five months after a charter  school's  written  request
    19  for  co-location and (ii) thirty days after the charter school's charter
    20  is approved by its  charter  entity,  the  city  school  district  shall
    21  either: (A) offer at no cost to the charter school a co-location site in
    22  a  public school building approved by the board of education as provided
    23  by law, or (B) offer the charter school space in a  privately  owned  or
    24  other publicly owned facility at the expense of the city school district
    25  and  at  no  cost  to  the charter school. The space must be reasonable,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14402-02-4
        S. 8522--A                          2

     1  appropriate and comparable and in the community school  district  to  be
     2  served by the charter school and otherwise in reasonable proximity.
     3    (2) No later than thirty days after approval by the board of education
     4  or expiration of the offer period prescribed in subparagraph one of this
     5  paragraph,  the  charter  school  shall  either  accept  the city school
     6  district's offer or appeal in accordance with subparagraph three of this
     7  paragraph. If no appeal is taken, the city's offer or refusal to make an
     8  offer shall be final and non-reviewable. The charter school  may  appeal
     9  as early as issuance of an educational impact statement for the proposed
    10  co-location.
    11    (3)  The  charter  school  shall have the option of appealing the city
    12  school district's offer or failure to offer a co-location  site  through
    13  binding  arbitration in accordance with subparagraph seven of this para-
    14  graph, an expedited appeal to the commissioner pursuant to section three
    15  hundred ten of this chapter and the procedures prescribed  in  paragraph
    16  (a-5)  of  this subdivision, or a special proceeding pursuant to article
    17  seventy-eight of the civil practice law and rules. In any  such  appeal,
    18  the  standard  of  review  shall  be  the standard prescribed in section
    19  seventy-eight hundred three of the civil practice law and rules.
    20    (4) If the appeal results in a determination  in  favor  of  the  city
    21  school  district, the city's offer shall be final and the charter school
    22  may either accept such offer and move into the space offered by the city
    23  school district at the city school  district's  expense,  or  locate  in
    24  another site at the charter school's expense.
    25    (5)  [For  a  new  charter  school  whose charter is granted or for an
    26  existing charter school whose expansion of grade level, pursuant to this
    27  article, is approved by their charter entity, if] If the appeal  results
    28  in  a  determination  in  favor  of  the charter school, the city school
    29  district shall pay the charter school an  amount  [attributable  to  the
    30  grade  level  expansion or the formation of the new charter school] that
    31  is equal to the lesser of:
    32    (A) the actual rental cost of  an  alternative  privately  owned  site
    33  selected by the charter school or
    34    (B)  thirty  percent  of  the  product  of  the charter school's basic
    35  tuition for the current school year and [(i) for a  new  charter  school
    36  that  first  commences  instruction on or after July first, two thousand
    37  fourteen,] the charter school's current year enrollment[; or (ii) for  a
    38  charter  school which expands its grade level, pursuant to this article,
    39  the positive difference  of  the  charter  school's  enrollment  in  the
    40  current  school year minus the charter school's enrollment in the school
    41  year prior to the first year of the expansion].
    42    (5-a) For charter schools that were operating schools or grade  levels
    43  prior to the two thousand fourteen--two thousand fifteen school year and
    44  are  now  eligible  for  funding  pursuant  to subparagraph five of this
    45  subdivision, funding will be provided on  the  following  schedule  such
    46  that  these  charter  schools  will  be eligible to receive full funding
    47  pursuant to subparagraph five of this  paragraph  in  the  two  thousand
    48  twenty-eight--two  thousand  twenty-nine  school year and thereafter. In
    49  the two thousand twenty-four--two thousand twenty-five school year,  the
    50  city  school district shall pay the charter school twenty percent of the
    51  amount owed to the school under subparagraph five of this paragraph.  In
    52  the  two  thousand twenty-five--two thousand twenty-six school year, the
    53  city school district shall pay the charter school forty percent  of  the
    54  amount  owed to the school under subparagraph five of this paragraph. In
    55  the two thousand twenty-six--two thousand twenty-seven school year,  the
    56  city  school  district shall pay the charter school sixty percent of the
        S. 8522--A                          3

     1  amount owed to the school under subparagraph five of this paragraph.  In
     2  the  two  thousand  twenty-seven--two thousand twenty-eight school year,
     3  the city school district shall pay the charter school eighty percent  of
     4  the amount owed to the school under subparagraph five of this paragraph.
     5  In  the two thousand twenty-eight--two thousand twenty-nine school year,
     6  the city school district  shall  pay  the  charter  school  one  hundred
     7  percent of the amount owed to the school under subparagraph five of this
     8  paragraph.
     9    (6)  An  arbitration  in an appeal pursuant to this paragraph shall be
    10  conducted by a  single  arbitrator  selected  in  accordance  with  this
    11  subparagraph  from  a  list of arbitrators from the American arbitration
    12  association's panel of labor  arbitrators,  with  relevant  biographical
    13  information,  submitted by such association to the commissioner pursuant
    14  to paragraph a of subdivision three of section three  thousand  twenty-a
    15  of  this  chapter.  Upon request by the charter school, the commissioner
    16  shall forthwith send a copy of such list  and  biographical  information
    17  simultaneously  to  the  charter  school  and  city school district. The
    18  parties shall, by mutual agreement, select an arbitrator from  the  list
    19  within fifteen days from receipt of the list, and if the parties fail to
    20  agree  on  an  arbitrator  within such fifteen day period or fail within
    21  such fifteen day period to notify the commissioner  that  an  arbitrator
    22  has been selected, the commissioner shall appoint an arbitrator from the
    23  list  to  serve as the arbitrator. The arbitration shall be conducted in
    24  accordance with the American arbitration association's rules  for  labor
    25  arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
    26  conference within ten to fifteen days of agreeing to serve and the arbi-
    27  tration shall be completed and  a  decision  rendered  within  the  time
    28  frames  prescribed for hearings pursuant to section three thousand twen-
    29  ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
    30  established  by  the  commissioner  for  hearings  conducted pursuant to
    31  section three thousand twenty-a of this chapter, and the  cost  of  such
    32  fee,  the  arbitrator's  necessary travel and other reasonable expenses,
    33  and all other hearing expenses shall be borne equally by the parties  to
    34  the arbitration.
    35    § 2. This act shall take effect immediately.