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