S T A T E O F N E W Y O R K
________________________________________________________________________
7714
2013-2014 Regular Sessions
I N A S S E M B L Y
May 31, 2013
___________
Introduced by M. of A. McDONALD, FAHY, NOLAN -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to transitional aid for
certain charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 41 of section 3602 of the education law, as
added by section 18 of part B of chapter 57 of the laws of 2007, the
subdivision heading and the opening paragraph as amended by section 20
of part B of chapter 57 of the laws of 2008, is amended to read as
follows:
41. Transitional aid for charter school payments. A. In addition to
any other apportionment under this section, for the two thousand seven-
-two thousand eight school year and thereafter, a school district other
than a city school district in a city having a population of one million
or more shall be eligible for an apportionment in an amount equal to THE
GREATER OF:
(1) the sum of:
(a) the product of (i) the product of eighty percent multiplied by the
charter school basic tuition computed for such school district for the
base year pursuant to section twenty-eight hundred fifty-six of this
chapter, multiplied by (ii) the positive difference, if any, of the
number of resident pupils enrolled in the charter school in the base
year less the number of resident pupils enrolled in a charter school in
the year prior to the base year, provided, however, that a school
district shall be eligible for an apportionment pursuant to this [para-
graph] CLAUSE only if the number of its resident pupils enrolled in
charter schools in the base year exceeds two percent of the total resi-
dent public school district enrollment of such school district in the
base year or the total general fund payments made by such district to
charter schools in the base year for resident pupils enrolled in charter
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11280-02-3
A. 7714 2
schools exceeds two percent of total general fund expenditures of such
district in the base year, plus
(b) the product of (i) the product of sixty percent multiplied by the
charter school basic tuition computed for such school district for the
base year pursuant to section twenty-eight hundred fifty-six of this
chapter, multiplied by (ii) the positive difference, if any, of the
number of resident pupils enrolled in the charter school in the year
prior to the base year less the number of resident pupils enrolled in a
charter school in the year two years prior to the base year, provided,
however, that a school district shall be eligible for an apportionment
pursuant to this [paragraph] CLAUSE only if the number of its resident
pupils enrolled in charter schools in the year prior to the base year
exceeds two percent of the total resident public school district enroll-
ment of such school district in the year prior to the base year or the
total general fund payments made by such district to charter schools in
the year prior to the base year for resident pupils enrolled in charter
schools exceeds two percent of the total general fund expenditures of
such district in the year prior to the base year, plus
(c) the product of (i) the product of forty percent multiplied by the
charter school basic tuition computed for such school district for the
base year pursuant to section twenty-eight hundred fifty-six of this
chapter, multiplied by (ii) the positive difference, if any, of the
number of resident pupils enrolled in the charter school in the year two
years prior to the base year less the number of resident pupils enrolled
in a charter school in the year three years prior to the base year,
provided, however, that a school district shall be eligible for an
apportionment pursuant to this [paragraph] CLAUSE only if the number of
its resident pupils enrolled in charter schools in the year two years
prior to the base year exceeds two percent of the total resident public
school district enrollment of such school district in the year two years
prior to the base year or the total general fund payments made by such
district to charter schools in the year two years prior to the base year
for resident pupils enrolled in charter schools exceeds two percent of
the total general fund expenditures of such district in the year two
years prior to the base year; OR
(2) FOR A TIER 4 ELIGIBLE SCHOOL DISTRICT, THE PRODUCT OF THE NUMBER
OF RESIDENT PUPILS ENROLLED IN THE CHARTER SCHOOL FOR THE BASE YEAR
MULTIPLIED BY THE SATURATION CHARTER TUITION AMOUNT.
B. FOR THE PURPOSES OF THIS SUBDIVISION A "TIER 4 ELIGIBLE SCHOOL
DISTRICT" SHALL BE A SCHOOL DISTRICT WHERE THE QUOTIENT OF THE BASE YEAR
RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS DIVIDED BY THE TOTAL RESI-
DENT PUBLIC SCHOOL DISTRICT ENROLLMENT, 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 OF THE BASE YEAR PURSUANT TO PARAGRAPH B OF SUBDIVISION TWEN-
TY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
C. FOR THE PURPOSES OF THIS SUBDIVISION THE "SATURATION CHARTER
TUITION AMOUNT" SHALL BE TWENTY PERCENT (.20) MULTIPLIED BY THE CHARTER
SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE BASE
YEAR.
[(d)] D. For purposes of this subdivision the number of pupils
enrolled in a charter school shall not include pupils enrolled in a
charter school for which the charter was approved by a charter entity
contained in paragraph [a] (A) of subdivision three of section twenty-
eight hundred fifty-one of this chapter.
S 2. This act shall take effect immediately.