S T A T E O F N E W Y O R K
________________________________________________________________________
4043
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to permitting school
districts outside the city of New York to pass on the district's
percentage reduction in state aid to charter schools
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 21 of part A of chapter 58 of the
laws of 2011, 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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07627-01-3
A. 4043 2
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. NOTWITHSTANDING ANY OTHER
PROVISIONS OF LAW TO THE CONTRARY AND EXCEPT FOR A CITY WITH ONE MILLION
INHABITANTS OR MORE, A BOARD OF EDUCATION MAY REDUCE THE BASIC TUITION
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEARS BY THE DISTRICT'S NET GAP
ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH YEARS AS DETERMINED BY THE
COMMISSIONER PURSUANT TO THIS CHAPTER.
S 2. This act shall take effect immediately, provided, however that
the amendments to paragraph (a) of 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 and shall be deemed to expire therewith.