S T A T E O F N E W Y O R K
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4975--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
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Introduced by M. of A. McENENY, CANESTRARI -- read once and referred to
the Committee on Education -- reported and referred to the Committee
on Ways and Means -- 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.
LBD06158-03-1
A. 4975--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
A. 4975--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.