NY State Senate Bill 2011-S2007

Senate Bill S2007

2011-2012 Legislative Session

Restores the tuition freeze for charter schools to the 2008-2009 school year level for the City School District of the city of Albany

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2012	print number 2007c
Jun 15, 2012	amend and recommit to education
Jan 04, 2012	referred to education
Jun 14, 2011	print number 2007b
Jun 14, 2011	amend and recommit to education
Jun 10, 2011	print number 2007a
Jun 10, 2011	amend and recommit to education
Jan 14, 2011	referred to education

Bill Amendments

Original

C (Active)

2011-S2007 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8472
2013-2014: S1160

2011-S2007 - Summary

Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.

2011-S2007 - Sponsor Memo

                                BILL NUMBER:S2007

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:

2009-2010 - S.8472  Remained in the Senate Committee on Rules

FISCAL IMPLICATIONS:

Approximately $4.5-$5 million.


EFFECTIVE DATE:

This act shall take effect immediately provided 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.

2011-S2007 - Bill Text download pdf

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

                                  2007

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06158-02-1

S. 2007                             2

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.
  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 provided that the amend-
ments to subdivision 1 of section 2856 of  the  education  law  made  by
section one of this act shall not affect the expiration of such subdivi-
sion  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.

2011-S2007A - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8472
2013-2014: S1160

2011-S2007A - Summary

Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.

2011-S2007A - Sponsor Memo

                                BILL NUMBER:S2007A

TITLE OF BILL:
An act
to amend the education law, in relation to charter school tuition

PURPOSE OR GENERAL IDEA OF BILL:
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 2009

Section 2: Amends 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

Section 3: Amends 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.

Section 4: Effective date

JUSTIFICATION:

On July 7, 2010 Governor Paterson vetoed S6607B, 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
districts 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.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Neutral.

EFFECTIVE DATE:
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 tile laws of 20 11
take effect; and provided further that the amendments to subdivision


one and two of this act shall not affect the expiration of such
subdivision as provided in chapter 378 of the laws of 3007, as
amended, when upon such date the provisions of section three of this
act shall take effect.

2011-S2007A - Bill Text download pdf

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

                                 2007--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06158-04-1

S. 2007--A                          2

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.
  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; PROVIDED HOWEVER FOR A  CITY  SCHOOL
DISTRICT  IN  A  CITY  HAVING  A POPULATION OF MORE THAN NINETY THOUSAND
INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND  INHABITANTS,  DETERMINED
IN  ACCORDANCE  WITH  THE  LATEST  FEDERAL DECENNIAL CENSUS, FOR THE TWO
THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL BASIC  TUITION  SHALL  BE
THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
SCHOOL YEAR.
  S 3. 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:
  1. (a) 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  the  charter  school  basic
tuition which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the two thousand  twelve--two
thousand thirteen school year, 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;
  (ii)  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;
  (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; PROVIDED HOWEVER FOR A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION  OF  MORE  THAN  NINETY  THOUSAND
INHABITANTS  BUT  LESS THAN ONE HUNDRED THOUSAND INHABITANTS, DETERMINED
IN ACCORDANCE WITH THE LATEST FEDERAL  DECENNIAL  CENSUS,  FOR  THE  TWO
THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOUSAND TWELVE--TWO THOU-
SAND  THIRTEEN  SCHOOL  YEARS, THE CHARTER SCHOOL BASIC TUITION SHALL BE

S. 2007--A                          3

THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
SCHOOL YEAR.
  (b)  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 charter 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 begin-
ning  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 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.

2011-S2007B - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8472
2013-2014: S1160

2011-S2007B - Summary

Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.

2011-S2007B - Sponsor Memo

                                BILL NUMBER:S2007B

TITLE OF BILL:
An act
to amend the education law, in relation to charter school tuition

PURPOSE OR GENERAL IDEA OF BILL:
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 2009.

Section 2: Amends 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.

Section 3: Amends 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.

Section 4: Effective date.

JUSTIFICATION:

On July 7, 2010 Governor Paterson vetoed S6607B, 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
districts 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.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Neutral.

EFFECTIVE DATE:
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


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.

2011-S2007B - Bill Text download pdf

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

                                 2007--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06158-06-1

S. 2007--B                          2

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.
  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 NINETY  THOUSAND  INHABITANTS  BUT
LESS  THAN  ONE  HUNDRED  THOUSAND INHABITANTS, DETERMINED IN ACCORDANCE
WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND  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 NINETY THOUSAND INHABITANTS BUT
LESS THAN ONE HUNDRED THOUSAND  INHABITANTS,  DETERMINED  IN  ACCORDANCE
WITH  THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND 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.

2011-S2007C (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8472
2013-2014: S1160

2011-S2007C (ACTIVE) - Summary

Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.

2011-S2007C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2007C

TITLE OF BILL:
An act
to amend the education law, in relation to charter school tuition

PURPOSE OR GENERAL IDEA OF BILL:
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: Amends 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.

Section 2: Amends 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.

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
districts 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.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Neutral.

EFFECTIVE DATE:
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 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.

2011-S2007C (ACTIVE) - Bill Text download pdf

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

                                 2007--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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. 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] TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE 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) FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEAR,
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,  PROVIDED,  HOWEVER,
THAT  FOR  A  SCHOOL DISTRICT WITH PUBLIC SCHOOL DISTRICT ENROLLMENT FOR
THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER,  IN
EXCESS  OF  FIVE  THOUSAND  PUPILS,  WHERE THE QUOTIENT OF THE BASE YEAR
RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS OTHER THAN  CHARTER  SCHOOLS
CONVERTED FROM AN EXISTING PUBLIC SCHOOL AND FORMED BY A SCHOOL DISTRICT
AS  A  CHARTER  ENTITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE, DIVIDED  BY  THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06158-12-2

S. 2007--C                          2

TO  SUBPARAGRAPH  TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS CHAPTER IS TWENTY PERCENT OR MORE,  BASED  ON
DATA  ON  FILE  WITH  THE  COMMISSIONER  AND IN THE DATABASE USED BY THE
COMMISSIONER  TO  PRODUCE  AN  UPDATED  ELECTRONIC DATA FILE ON FEBRUARY
FIFTEENTH, TWO THOUSAND TWELVE PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
TWENTY-ONE  OF  SECTION  THREE HUNDRED FIVE OF THIS CHAPTER, THE CHARTER
SCHOOL BASIC TUITION SHALL BE THE BASIC TUITION  COMPUTED  FOR  THE  TWO
THOUSAND  NINE--TWO  THOUSAND TEN SCHOOL YEAR PURSUANT TO THE PROVISIONS
OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  S 2. 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] TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE 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)  FOR  THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
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, PROVIDED, HOWEVER,
THAT FOR A SCHOOL DISTRICT WITH PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR
THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, IN
EXCESS OF FIVE THOUSAND PUPILS, WHERE THE  QUOTIENT  OF  THE  BASE  YEAR
RESIDENT  PUPILS  ENROLLED IN CHARTER SCHOOLS OTHER THAN CHARTER SCHOOLS
CONVERTED FROM AN EXISTING PUBLIC SCHOOL AND FORMED BY A SCHOOL DISTRICT
AS A CHARTER ENTITY PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF
SECTION  TWENTY-EIGHT  HUNDRED FIFTY-ONE OF THIS ARTICLE, DIVIDED BY THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT
TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  SECTION  THIR-
TY-SIX  HUNDRED  TWO OF THIS CHAPTER IS TWENTY PERCENT OR MORE, BASED ON
DATA ON FILE WITH THE COMMISSIONER AND  IN  THE  DATABASE  USED  BY  THE
COMMISSIONER  TO  PRODUCE  AN  UPDATED  ELECTRONIC DATA FILE ON FEBRUARY
FIFTEENTH, TWO THOUSAND TWELVE PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
TWENTY-ONE  OF  SECTION  THREE HUNDRED FIVE OF THIS CHAPTER, THE CHARTER
SCHOOL BASIC TUITION SHALL BE THE BASIC TUITION  COMPUTED  FOR  THE  TWO
THOUSAND  NINE--TWO  THOUSAND TEN SCHOOL YEAR PURSUANT TO THE PROVISIONS
OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to  subdivision  1  of  section 2856 of the education law made by
section one of this act shall not affect the expiration of such subdivi-
sion 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 S2007

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2011-S2007 - Details

2011-S2007 - Summary

2011-S2007 - Sponsor Memo

2011-S2007 - Bill Text download pdf

2011-S2007A - Details

2011-S2007A - Summary

2011-S2007A - Sponsor Memo

2011-S2007A - Bill Text download pdf

2011-S2007B - Details

2011-S2007B - Summary

2011-S2007B - Sponsor Memo

2011-S2007B - Bill Text download pdf

2011-S2007C (ACTIVE) - Details

2011-S2007C (ACTIVE) - Summary

2011-S2007C (ACTIVE) - Sponsor Memo

2011-S2007C (ACTIVE) - Bill Text download pdf

Comments