senate Bill S1157

2013-2014 Legislative Session

Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2013

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

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S1157 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง2851, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1192A
2009-2010: S334

S1157 - Bill Texts

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Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2013; provides that no further action shall be taken for charter schools where classes have not commenced prior to September 1, 2013.

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BILL NUMBER:S1157

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, 2013; 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, 2013 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, 2013 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, 2013.

LEGISLATIVE HISTORY:
2011-12: S.1192A Remained in Senate Committee on Education
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, 2013 and shall
expire April 1, 2015 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
________________________________________________________________________

                                  1157

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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,  2013;  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, 2013.  Furthermore, a proposed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01722-01-3

S. 1157                             2

charter school shall have its charter revoked if it  has  not  commenced
classes prior to August 31, 2013.
  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 THIRTEEN, NO APPLICA-
TION TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY  A
CHARTER  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 THIRTEEN SHALL HAVE SUCH CHARTER
REVOKED AND NO FURTHER ACTION SHALL BE TAKEN BY A CHARTER GRANTING ENTI-
TY ON SUCH APPLICATION.
  S 3. This act shall take effect April 1, 2013 and shall  expire  April
1,  2015  when upon such date the provisions of this act shall be deemed
repealed.

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