S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1499
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 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, 2021; 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, 2021.  Furthermore, a proposed
 charter  school  shall  have its charter revoked if it has not commenced
 classes prior to August 31, 2021.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03744-01-1
              

 S. 1499                             2
 
   § 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 TWENTY-ONE, 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 TWENTY-ONE SHALL HAVE SUCH CHAR-
 TER REVOKED AND NO FURTHER ACTION SHALL BE TAKEN BY A  CHARTER  GRANTING
 ENTITY ON SUCH APPLICATION.
   §  3.  This act shall take effect April 1, 2021 and shall expire April
 1, 2023 when upon such date the provisions of this act shall  be  deemed
 repealed.