senate Bill S1192A

2011-2012 Legislative Session

Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2012

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Dec 30, 2011 print number 1192a
amend (t) and recommit to education
Jan 05, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1192 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2851, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S334

S1192 - Bill Texts

view summary

Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2012; provides that no further action shall be taken for charter schools where classes have not commenced prior to September 1, 2012.

view sponsor memo
BILL NUMBER:S1192

TITLE OF BILL:
An act
to amend the education law, in relation to suspending the granting of
charters for proposed charter schools not acted upon prior to April
1, 2011; and providing for the repeal of such provisions upon
expiration thereof

SUMMARY OF PROVISIONS:
Notwithstanding any other provision of this article to the contrary,
on and after April 1, 2009 no application to establish a charter school
shall be accepted or acted upon by a charter school granting entity.
Provided, further, that a proposed charter school that has been
granted a charter and has not commenced classes prior to August 31,
2009 shall have such charter revoked and no further action shall be
taken by a charter granting entity on such application.

JUSTIFICATION:
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
significantly reduced education aid, putting even greater pressure 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 established in urban areas that
face eroding tax bases and declining populations Small city school
districts are especially hit hard by the establishment of charter
schools. Therefore it is in the best interest of students and
taxpayers throughout New York State to suspend the charter school
application process. Furthermore, a proposed charter school
shall have its charter revoked if it has not commenced classes
prior to August 31, 2011.

LEGISLATIVE HISTORY:
2009/2010: S.334/A.6447 Remained in the Senate and Assembly Committees
on Education
2007/2008: S.798A Remained in the Senate Committee on Education
2005/2006: S.1407A/A.2636A Remained in the Senate Education Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:.
This act shall take effect April 1, 2011 and shall expire April 1,
2013 when upon such date the provisions of this act shall be deemed
to be repealed.


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

                                  1192

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by Sens. BRESLIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

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,  2011;  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, 2011.  Furthermore, a proposed
charter school shall have its charter revoked if it  has  not  commenced
classes prior to August 31, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05108-01-1

S. 1192                             2

  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 ELEVEN, NO  APPLICATION
TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHAR-
TER  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 ELEVEN 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, 2011 and shall expire April
1, 2013 when upon such date the provisions of this act shall  be  deemed
repealed.

Co-Sponsors

S1192A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2851, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S334

S1192A (ACTIVE) - Bill Texts

view summary

Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2012; provides that no further action shall be taken for charter schools where classes have not commenced prior to September 1, 2012.

view sponsor memo
BILL NUMBER:S1192A

TITLE OF BILL:
An act
to amend the education law, in relation to suspending the granting of
charters for proposed charter schools not acted upon prior to April
1, 2012; and providing for the repeal of such provisions upon
expiration thereof

SUMMARY OF PROVISIONS:
Notwithstanding any other provision of this article to the contrary,
on and after April 1, 2012 no application to establish a charter
school shall be accepted or acted upon by a charter school granting
entity.
Provided, further, that a proposed charter school that has been granted
a charter and has not commenced classes prior to August 31, 2012 shall
have such charter revoked and no further action shall be taken by a
charter granting entity on such application.

JUSTIFICATION:
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
significantly reduced education aid, putting even greater pressure 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 established in urban areas that
face eroding tax bases and declining populations Small city school
districts are especially hit hard by the establishment of charter
schools. Therefore it is in the best interest of students and
taxpayers throughout New York State to suspend the charter school
application. process. Furthermore, a proposed charter
school shall have its charter revoked if it has not commenced classes
prior to August 31, 2011.

LEGISLATIVE HISTORY:
2009-10: S.334/A.6447 Remained in Senate and Assembly Committees
on Education
2007-08: S.798A Remained in the Senate Committee on Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect April 1, 2012 and shall
expire April 1, 2014 when upon such date the provisions of this act
shall be deemed to be repealed.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1192--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by Sens. BRESLIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

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, 2012; 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, 2012.  Furthermore, a proposed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05108-02-1

S. 1192--A                          2

charter  school  shall  have its charter revoked if it has not commenced
classes prior to August 31, 2012.
  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 TWELVE, NO APPLICATION
TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHAR-
TER GRANTING ENTITY. PROVIDED, FURTHER, THAT A PROPOSED  CHARTER  SCHOOL
THAT  HAS  BEEN GRANTED A CHARTER AND HAS NOT COMMENCED CLASSES PRIOR TO
SEPTEMBER FIRST, TWO THOUSAND TWELVE 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, 2012 and shall expire April
1, 2014 when upon such date the provisions of this act shall  be  deemed
repealed.

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