S T A T E O F N E W Y O R K
________________________________________________________________________
6888
2019-2020 Regular Sessions
I N S E N A T E
December 6, 2019
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to payments made by
school districts to charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 2856 of the
education law, as amended by section 4 of part YYY of chapter 59 of the
laws of 2017, is amended to read as follows:
(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 from state or local funds
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] EACH QUARTER, AT THE TIME AND IN THE
SAME PROPORTION THE SCHOOL DISTRICT RECEIVES ITS STATE AID. 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 until actual enrollment data is reported to the school district
by the charter school. Such projections shall be reconciled with the
actual enrollment as actual enrollment data is so reported and at the
end of the school's first year of operation and each subsequent year
based on a final report of actual enrollment by the charter school, and
any necessary adjustments resulting from such final report shall be made
to payments during the school's following year of operation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13714-01-9
S. 6888 2
§ 2. Paragraph (b) of subdivision 1 of section 2856 of the education
law, as amended by section 4-a of part YYY of chapter 59 of the laws of
2017, is amended to read as follows:
(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
beginning on the first business day of July and every two months there-
after] EACH QUARTER, AT THE TIME AND IN THE SAME PROPORTION THE SCHOOL
DISTRICT RECEIVES ITS STATE AID. 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.
§ 3. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law, provided that the amend-
ments to paragraph (b) of subdivision 1 of section 2856 of the education
law made by section one of this act shall be subject to the expiration
and reversion of such subdivision pursuant to subdivision d of section
27 of chapter 378 of the laws of 2007, as amended, when upon such date
the provisions of section two of this act shall take effect.