S T A T E O F N E W Y O R K
________________________________________________________________________
7518
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. V. LOPEZ, HOYT -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to providing facilities
aid to charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 4 of section 2853 of the
education law, as added by chapter 4 of the laws of 1998, is amended to
read as follows:
(c) A charter school may contract with a school district or the
governing body of a public college or university for the use of a school
building and grounds, INCLUDING the operation and maintenance thereof.
Any such contract shall provide such services or facilities at cost,
PROVIDED THAT A SCHOOL DISTRICT AND A CHARTER SCHOOL MAY ENTER INTO AN
AGREEMENT FOR SUCH CHARTER SCHOOL TO PAY UP TO THE AMOUNT PROVIDED
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-SIX OF THIS ARTICLE FOR THE USE OF SUCH FACILITIES.
S 2. Subdivision 1 of section 2856 of the education law, as amended by
chapter 378 of the laws of 2007, is amended by adding a new paragraph
(d) to read as follows:
(D) AN AMOUNT EQUAL TO FIFTEEN PERCENT OF THE AMOUNT CALCULATED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PAID BY THE COMMIS-
SIONER DIRECTLY TO EACH CHARTER SCHOOL RECEIVING PAYMENTS IN ACCORDANCE
WITH SUCH PARAGRAPH. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE
BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH YEAR
BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THERE-
AFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE
COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLATURE FOR THE
SUPPORT OF PUBLIC SCHOOLS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10861-02-9
A. 7518 2
S 3. The opening paragraph of subdivision 1 of section 2856 of the
education law, as added by chapter 4 of the laws of 1998, is designated
paragraph (a) and a new paragraph (b) is added to read as follows:
(B) AN AMOUNT EQUAL TO FIFTEEN PERCENT OF THE AMOUNT CALCULATED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PAID BY THE COMMIS-
SIONER DIRECTLY TO EACH CHARTER SCHOOL RECEIVING PAYMENTS IN ACCORDANCE
WITH SUCH PARAGRAPH. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE
BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH YEAR
BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THERE-
AFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE
COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLATURE FOR THE
SUPPORT OF PUBLIC SCHOOLS.
S 4. This act shall take effect April 1, 2010; provided, however, that
the amendments to subdivision 1 of section 2856 of the education law
made by section two of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 27 of chapter 378 of
the laws of 2007, as amended, when upon such date the provisions of
section three of this act shall take effect.