S T A T E O F N E W Y O R K
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4158
2023-2024 Regular Sessions
I N A S S E M B L Y
February 10, 2023
___________
Introduced by M. of A. PEOPLES-STOKES, LUNSFORD -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to the financing of char-
ter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 2856 of the
education law, as amended by section 36-c of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A
POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO
THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER. Provided FURTHER, that
for expenses incurred in the two thousand twenty--two thousand twenty-
one school year, for a city school district in a city having a popu-
lation of one million or more, the annual apportionment shall be reduced
by thirty-five million dollars ($35,000,000) upon certification by the
director of the budget of the availability of a grant in the same amount
from the elementary and secondary school emergency relief funds provided
through the American rescue plan act of 2021.
§ 2. Paragraph (c) of subdivision 1 of section 2856 of the education
law, as amended by section 36-d of part A of chapter 56 of the laws of
2021, is amended to read as follows:
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02044-02-3
A. 4158 2
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A
POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-THREE--TWO
THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER. Provided FURTHER, that
for expenses incurred in the two thousand twenty--two thousand twenty-
one school year, for a city school district in a city having a popu-
lation of one million or more, the annual apportionment shall be reduced
by thirty-five million dollars ($35,000,000) upon certification by the
director of the budget of the availability of a grant in the same amount
from the elementary and secondary school emergency relief funds provided
through the American rescue plan act of 2021.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. AID FOR CHARTER SCHOOL TUITION PAYMENTS. (A) ANY SCHOOL DISTRICT
THAT IS REQUIRED TO PAY TUITION TO CHARTER SCHOOLS PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER IN THE TWO THOUSAND TWEN-
TY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER SHALL BE
ELIGIBLE FOR AN APPORTIONMENT UNDER THIS SUBDIVISION.
(B) EACH SCHOOL YEAR, ANY SUCH ELIGIBLE SCHOOL DISTRICT SHALL SUBMIT
THE TOTAL AMOUNT OF CHARTER SCHOOL TUITION PAID BY THE DISTRICT IN THE
BASE YEAR ON A FORM PRESCRIBED BY THE COMMISSIONER.
(C) THE APPORTIONMENT HEREIN FOR EACH SCHOOL DISTRICT SHALL EQUAL THE
POSITIVE RESULT OF TOTAL CHARTER SCHOOL BASIC TUITION PAID IN THE
CURRENT YEAR MINUS THE TOTAL CHARTER SCHOOL BASIC TUITION PAID IN THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
§ 4. This act shall take effect immediately; provided that the amend-
ments to 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.