NY State Senate Bill 2009-S8472

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 18, 2010	referred to rules

2009-S8472 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2007
2013-2014: S1160

2009-S8472 (ACTIVE) - Summary

Relates to the tuition of charter schools in certain locations.

2009-S8472 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8472

TITLE OF BILL:

An act to amend the education law, in relation to charter school tuition

PURPOSE:

To restore the tuition freeze for charter schools to the 2008-2009
school year level for the City of Albany School District.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amend paragraph (a) of subdivision 1 of section 2856 of the
education law, as amended by section 12 of part A of chapter 57 of the
laws of to extend the effective date of the charter school tuition
freeze of the 2008-2009 school year to the 2010-2011 school for the City
School District of Albany.

Section 2: Amend subdivision 1 of section 2856 of the education law, as
separately amended by chapter 4 of the laws of 1998 and section 12 of
part A of chapter 57 of the laws of 2009 to extend the effective date of
the charter school tuition freeze of the 2008-2009 school year to the
2010-2011 school for the City School District of Albany.

Section 3: Effective date.

JUSTIFICATION:

On July 7, 2010 Governor Paterson vetoed S.6607B, the Article VII bill
for the Education, Labor and Family Assistance budget (ELFA). By doing
so he lifted the freeze on per pupil "tuition" paid by school district
to charter schools. This freeze would mean that charter schools would
receive tuition based on the district's operating expenses for the
2006-2007 school year. This charter school tuition freeze was included
in last year's budget. By vetoing the freeze districts now have to send
more money per student to charter schools than they had allocated within
their school budgets. For the City School District of Albany this means
a shortfall of between $4.5-$5 million dollars. In order to make up for
this loss they may have to cut up to 100 positions. This is not fair to
the students and faculty of the City School District of Albany. This
legislation would correct this veto by extending the effective date of
the charter school tuition freeze for the 2010-2011 level to be payable
to the amount of the 2008-2009 school year.

PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

FISCAL IMPLICATIONS:

Approximately $4.5-$5 million.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after July 1, 2010; and provided,
further, that the amendments to subdivision 1 of section 2856 of the
education law made by section one of this act shall not affect the expi-
ration of such subdivision as provided in chapter 378 of the laws of
2007, as amended, when upon such date the provisions of section two of
this act shall take effect.

2009-S8472 (ACTIVE) - Bill Text download pdf

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

                                  8472

                            I N  S E N A T E

                             August 18, 2010
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to charter school tuition

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

  Section  1.  Paragraph  (a)  of  subdivision  1 of section 2856 of the
education law, as amended by section 12 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be an amount equal to one hundred percent  of
the  amount  calculated  pursuant  to  paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the  school  district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter  from  two  years  prior  to  the  base  year  to the base year;
provided, however, that for the  two  thousand  nine--two  thousand  ten
school  year, the charter school basic tuition shall be the amount paya-
ble by such district as charter school basic tuition for the  two  thou-
sand eight--two thousand nine school year. FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION FOR A CITY
SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF MORE THAN NINETY THOU-
SAND INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS,  DETER-
MINED  IN  ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE
THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION  FOR
THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.

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

                                                           LBD18017-01-0

S. 8472                             2

  S 2. Subdivision 1 of section 2856 of the education law, as separately
amended  by  chapter  4  of the laws of 1998 and section 12 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  1.  The  enrollment  of  students  attending  charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school who resides in the school district an amount equal to one hundred
percent  of the amount calculated pursuant to paragraph f of subdivision
one of section [thirty six] THIRTY-SIX hundred two of this  chapter  for
the school district for the year prior to the base year increased by the
percentage  change  in the state total approved operating expense calcu-
lated pursuant to FORMER subdivision  eleven  of  section  [thirty  six]
THIRTY-SIX  hundred two of this chapter from two years prior to the base
year to the base year; provided, however,  that  for  the  two  thousand
nine--two  thousand  ten  school  year, the charter school basic tuition
shall be the amount payable by such district  as  charter  school  basic
tuition  for the two thousand eight--two thousand nine school year.  FOR
THE TWO THOUSAND TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR,  THE  CHARTER
SCHOOL BASIC TUITION FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION  OF  MORE  THAN  NINETY  THOUSAND  INHABITANTS  BUT LESS THAN ONE
HUNDRED THOUSAND INHABITANTS, DETERMINED IN ACCORDANCE WITH  THE  LATEST
FEDERAL  DECENNIAL  CENSUS, SHALL BE THE AMOUNT PAYABLE BY SUCH DISTRICT
AS CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND EIGHT--TWO THOUSAND
NINE SCHOOL YEAR. The school district shall also  pay  directly  to  the
charter school any federal or state aid attributable to a student with a
disability  attending  charter  school  in  proportion  to  the level of
services for such student with a  disability  that  the  charter  school
provides  directly  or  indirectly.  Notwithstanding  anything  in  this
section to the contrary, amounts payable pursuant  to  this  subdivision
may be reduced pursuant to an agreement between the school and the char-
ter  entity  set  forth  in  the charter. Payments made pursuant to this
subdivision shall be made by the school district  in  six  substantially
equal installments each year beginning on the first business day of July
and  every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable  to  a  charter
school  in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the  charter.  Such  projections
shall  be  reconciled  with  the  actual  enrollment  at  the end of the
school's first year of operation, and any necessary adjustments shall be
made to payments during the school's second year of operation.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on and after July 1, 2010; and
provided, further, that the amendments to subdivision 1 of section  2856
of  the  education  law made by section one of this act shall not affect
the expiration of such subdivision as provided in  chapter  378  of  the
laws  of 2007, as amended, when upon such date the provisions of section
two of this act shall take effect.

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Senate Bill S8472

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8472 (ACTIVE) - Details

2009-S8472 (ACTIVE) - Summary

2009-S8472 (ACTIVE) - Sponsor Memo

2009-S8472 (ACTIVE) - Bill Text download pdf

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8472 (ACTIVE) - Details

2009-S8472 (ACTIVE) - Summary

2009-S8472 (ACTIVE) - Sponsor Memo

2009-S8472 (ACTIVE) - Bill Text download pdf

Comments