S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9366
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to the financing of char-
   ter schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of  subdivision  1 of section 2856 of the
 education law, as amended by section 36-c of part A of chapter 56 of the
 laws of 2021, is amended to read as follows:
   (d) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter,  PROVIDED  HOWEVER,  THAT  FOR  ANY SCHOOL DISTRICT HAVING A
 POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE  IN  THE
 CURRENT  YEAR  FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR AND  THEREAFTER.    Provided  FURTHER,
 that  for  expenses  incurred  in  the two thousand twenty--two thousand
 twenty-one school year, for a city school district in a  city  having  a
 population  of  one  million  or more, the annual apportionment shall be
 reduced by thirty-five million dollars ($35,000,000) upon  certification
 by the director of the budget of the availability of a grant in the same
 amount  from  the elementary and secondary school emergency relief funds
 provided through the American rescue plan act of 2021.
   § 2. Paragraph (c) of subdivision 1 of section 2856 of  the  education
 law,  as  amended by section 36-d of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   (c) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter,  PROVIDED  HOWEVER,  THAT  FOR  ANY SCHOOL DISTRICT HAVING A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14610-01-2
 A. 9366                             2
 
 POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE  IN  THE
 CURRENT  YEAR  FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR AND  THEREAFTER.    Provided  FURTHER,
 that  for  expenses  incurred  in  the two thousand twenty--two thousand
 twenty-one school year, for a city school district in a  city  having  a
 population  of  one  million  or more, the annual apportionment shall be
 reduced by thirty-five million dollars ($35,000,000) upon  certification
 by the director of the budget of the availability of a grant in the same
 amount  from  the elementary and secondary school emergency relief funds
 provided through the American rescue plan act of 2021.
   § 3. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 42 to read as follows:
   42.  AID FOR CHARTER TUITION PAYMENTS. (A) ANY SCHOOL DISTRICT THAT IS
 REQUIRED TO PAY TUITION TO CHARTER SCHOOLS PURSUANT TO  SECTION  TWENTY-
 EIGHT  HUNDRED FIFTY-SIX OF THIS CHAPTER IN THE TWO THOUSAND TWENTY-TWO-
 -TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER SHALL BE  ELIGIBLE
 FOR AN APPORTIONMENT UNDER THIS SUBDIVISION.
   (B)  EACH  SCHOOL YEAR, ANY SUCH ELIGIBLE SCHOOL DISTRICT SHALL SUBMIT
 THE TOTAL AMOUNT OF CHARTER SCHOOL TUITION PAID BY THE DISTRICT  IN  THE
 BASE YEAR ON A FORM PRESCRIBED BY THE COMMISSIONER.
   (C)  THE APPORTIONMENT HEREIN FOR EACH SCHOOL DISTRICT SHALL EQUAL THE
 POSITIVE RESULT OF TOTAL  CHARTER  SCHOOL  BASIC  TUITION  PAID  IN  THE
 CURRENT  YEAR  MINUS  THE TOTAL CHARTER SCHOOL BASIC TUITION PAID IN THE
 TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of  section 2856 of the education law made by
 section one of this act shall be subject to the expiration and reversion
 of such subdivision pursuant to subdivision d of section 27  of  chapter
 378  of the laws of 2007, as amended, when upon such date the provisions
 of section two of this act shall take effect.