S T A T E O F N E W Y O R K
________________________________________________________________________
5884--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. PEOPLES-STOKES, McENENY -- read once and referred
to the Committee on Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 TWO HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08895-03-1
A. 5884--A 2
FIFTY THOUSAND INHABITANTS BUT LESS THAN THREE HUNDRED THOUSAND INHABIT-
ANTS, 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.
S 2. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
2856 of the education law, as added by section 21 of part A of chapter
58 of the laws of 2011, is amended to read as follows:
(iii) for the two thousand ten--two thousand eleven through two thou-
sand twelve--two thousand thirteen school years, the charter school
basic tuition shall be the basic tuition computed for the two thousand
ten--two thousand eleven school year pursuant to the provisions of
subparagraph (i) of this paragraph;
(IV) NOTWITHSTANDING THE FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND INHAB-
ITANTS BUT LESS THAN THREE HUNDRED THOUSAND INHABITANTS, DETERMINED IN
ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC
TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT-
-TWO THOUSAND NINE SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE AND TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEARS, THE CHARTER SCHOOL BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE
CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR HAD IT BEEN COMPUTED PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
S 3. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
2856 of the education law, as amended by section 22 of part A of chapter
58 of the laws of 2011, is amended to read as follows:
(iii) for the two thousand ten--two thousand eleven through two thou-
sand twelve--two thousand thirteen school years, the charter school
basic tuition shall be the basic tuition computed for the two thousand
ten--two thousand eleven school year pursuant to the provisions of
subparagraph (i) of this paragraph;
(IV) NOTWITHSTANDING THE FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND INHAB-
ITANTS BUT LESS THAN THREE HUNDRED THOUSAND INHABITANTS, DETERMINED IN
ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC
TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT-
-TWO THOUSAND NINE SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE AND TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEARS, THE CHARTER SCHOOL BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE
CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR HAD IT BEEN COMPUTED PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
S 4. This act shall take effect immediately; provided that section one
of this act shall be deemed to have been in full force and effect on and
after July 1, 2010; provided that sections two and three of this act
shall take effect on the same date as sections 21 and 22, respectively,
of part A of chapter 58 of the laws of 2011 take effect; and provided
further that the amendments to subdivision 1 of section 2856 of the
education law made by sections one and two 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
three of this act shall take effect.