Senate Bill S334

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   334

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN, ADAMS, HASSELL-THOMPSON, ONORATO -- 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 suspending the grant-
  ing of charters for proposed charter schools not acted upon  prior  to
  April  1,  2009;  and providing for the repeal of such provisions upon
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings. Due to a devastating fiscal crisis
not seen since the great depression, New  York  state  faces  staggering
budget  gaps for the foreseeable future.  Furthermore, local governments
face the prospect of reduced state  revenue  sharing  and  local  school
districts face flat or reduced education aid, putting even greater pres-
sure on beleaguered property taxpayers.
  Chapter  4  of  the  laws  of  1998, which enacted the state's charter
school law, created a funding scheme that  requires  the  public  school
district of a student who enrolls in a charter school to pay the charter
school  100%  of  the  district's  prior year average approved per pupil
operating expense. School property taxes are by far  the  highest  local
tax  burden  for  New  York  state  residents  and  redirecting precious
resources at a time of fiscal crisis will place  additional  burdens  on
local  taxpayers.   Moreover, charter schools have primarily been estab-
lished in urban areas that face eroding tax bases  and  declining  popu-
lations.  Small  city  school  districts  are especially hard hit by the
establishment of charter schools.
  The legislature therefore finds that it is in  the  best  interest  of
students  and taxpayers throughout New York state to suspend the charter
school application process as of April 1, 2009.  Furthermore, a proposed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03415-01-9
              

S. 334                              2

charter school shall have its charter revoked if it  has  not  commenced
classes prior to August 31, 2009.
  S  2.  Section  2851  of  the education law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  ARTICLE  TO  THE
CONTRARY, ON AND AFTER APRIL FIRST, TWO THOUSAND NINE, NO APPLICATION TO
ESTABLISH  A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHARTER
GRANTING ENTITY. PROVIDED, FURTHER, THAT A PROPOSED CHARTER SCHOOL  THAT
HAS  BEEN  GRANTED  A  CHARTER  AND  HAS  NOT COMMENCED CLASSES PRIOR TO
SEPTEMBER SECOND, TWO THOUSAND NINE SHALL HAVE SUCH CHARTER REVOKED  AND
NO  FURTHER  ACTION  SHALL BE TAKEN BY A CHARTER GRANTING ENTITY ON SUCH
APPLICATION.
  S 3. This act shall take effect April 1, 2009 and shall  expire  April
1,  2011  when upon such date the provisions of this act shall be deemed
repealed.