A09024 Summary:

BILL NO    A09024 

SAME AS    No Same as 

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   


Amd 2856 & 2854, Ed L


Enacts the "New York Charter Schools Financial Renewal Act"; relates
to
payments by school districts to charter schools relating to the
expense per
pupil of the school district.
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A09024 Actions:

BILL NO    A09024 

01/19/2016 referred to education
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A09024 Votes:

There are no votes for this bill in this legislative session.
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A09024 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9024
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the education law, in relation to payments by school districts to charter schools relating to the expense per pupil of the school district   PURPOSE OR GENERAL IDEA OF BILL: The bill will make payments by school districts to charter schools fair- er by more accurately reflecting the school district's actual increase or decrease in approved operating expenses, and shall be based on the actual approved operating expense per pupil by grade level. Furthermore, this bill will encourage the growth of new charter schools and improve the conditions under which charter schools operate in the State of New York.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill states, that this article will be known and cited as the "New York State Charter Schools Financial Renewal Act." Section 2 of the bill requires that the payments made by a school district to a charter school shall be based on the actual approved oper- ating expense per pupil, by grade level. Section 3 of the bill authorizes public charter schools to establish enrollment preferences not only for students within the district, as is currently required, but also for students in contiguous districts. For charter schools in New York City, this bill allows public charter schools to establish an enrollment preference for students living within the community charter school district or borough of location. Section 4 of the bill states that this act shall take effect on the first of July succeeding enactment.   JUSTIFICATION: This bill requires that the payments made by a school district to a charter school shall be based on the actual approved operating expense per pupil by grade level. Article 56 of the Education Law (Charter Schools) requires that the school district pays an amount to the charter school for each resident pupil in an amount equal to the approved oper- ating expense per pupil of the public school district. Since the cost per pupil at the secondary level is much higher than at the elementary level (except in New York City), school districts are providing substan- tially more per elementary-level pupil to a charter school than neces- sary. Furthermore, this bill authorizes public charter schools to establish enrollment preferences for students in contiguous districts and author- izes charter schools in New York City to establish an enrollment prefer- ence for students living within the community school district or borough of location. Unlike traditional public schools, public charter schools in New York City currently are not allowed to establish an enrollment preference for students residing in the community school district in which the charter school is located. Currently, public charter schools receive two-thirds of the operating aid for each student enrolled. This bill will not only decrease the fiscal impact on one school district by allowing a regional approach to charter school enrollment, but will provide children in a neighboring district with the ability to transfer to attend a charter school.   PRIOR LEGISLATIVE HISTORY: 2013-14: A.6912 2011-12: A.7405 2009-10: A.6912 2007-08: A.2141 2003-04: A.10750 2005-06: A.9953   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become law.
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A09024 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9024
 
                   IN ASSEMBLY
 
                                    January 19, 2016
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Education
 
        AN  ACT  to  amend  the education law, in relation to payments by school
          districts to charter schools relating to the expense per pupil of  the
          school district
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  Charter Schools Financial Renewal Act".
     3    §  2.  Paragraph (a) of subdivision 1 of section 2856 of the education
     4  law, as amended by section 3 of part BB of chapter 56  of  the  laws  of
     5  2014, is amended to read as follows:
     6    (a)  The  enrollment  of  students  attending charter schools shall be
     7  included in the enrollment, attendance, membership and,  if  applicable,
     8  count  of students with disabilities of the school district in which the
     9  pupil resides. The charter school shall report  all  such  data  to  the
    10  school  districts  of residence in a timely manner. Each school district
    11  shall report such enrollment, attendance  and  count  of  students  with
    12  disabilities  to  the department. The school district of residence shall
    13  pay directly to the charter school for  each  student  enrolled  in  the

    14  charter  school  who  resides  in the school district the charter school
    15  basic tuition, which shall be:
    16    (i) for school years prior to the two thousand nine--two thousand  ten
    17  school year and for school years following the two thousand sixteen--two
    18  thousand  seventeen  school year, an amount equal to one hundred percent
    19  of the amount calculated pursuant to paragraph f of subdivision  one  of
    20  section  thirty-six  hundred two of this chapter for the school district
    21  for the year prior to the base year increased by the  percentage  change
    22  in  the  state  total  approved operating expense calculated pursuant to
    23  paragraph t of subdivision one of section thirty-six hundred two of this
    24  chapter from two years prior to the base year  to  the  base  year;  the
    25  amount  of  the  approved  operating expense used in the creation of all

    26  such calculations shall  be  equal  to  the  actual  approved  operating
    27  expense of the school district of residence for each pupil determined in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10672-02-6

        A. 9024                             2
 
     1  accordance  with the grade level (or other educational level classifica-
     2  tion used by the department and approved by  the  commissioner)  of  the
     3  pupil  insofar  as  the  department  considers the grade level (or other
     4  educational  level classification used by the department and approved by

     5  the commissioner) of the pupil in the determination of approved  operat-
     6  ing expense;
     7    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
     8  charter school basic  tuition  shall  be  the  amount  payable  by  such
     9  district as charter school basic tuition for the two thousand eight--two
    10  thousand nine school year;
    11    (iii)  for the two thousand ten--two thousand eleven through two thou-
    12  sand thirteen--two thousand fourteen school years,  the  charter  school
    13  basic  tuition  shall be the basic tuition computed for the two thousand
    14  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
    15  subparagraph (i) of this paragraph;
    16    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
    17  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand

    18  seventeen school years, the charter school basic tuition  shall  be  the
    19  sum  of  the lesser of the charter school basic tuition computed for the
    20  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
    21  provisions  of  subparagraph (i) of this paragraph or the charter school
    22  basic tuition computed for the current year pursuant to  the  provisions
    23  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
    24  tuition.
    25    § 3. Paragraph (b) of subdivision 2 of section 2854 of  the  education
    26  law, as amended by section 3 of subpart A of part B of chapter 20 of the
    27  laws of 2015, is amended to read as follows:
    28    (b) Any child who is qualified under the laws of this state for admis-
    29  sion  to a public school is qualified for admission to a charter school.
    30  Applications for admission to a charter school shall be submitted  on  a

    31  uniform  application  form  created  by the department and shall be made
    32  available by a charter school in languages predominately spoken  in  the
    33  community  in  which  such  charter  school is located. The school shall
    34  enroll each eligible student who submits a  timely  application  by  the
    35  first  day of April each year, unless the number of applications exceeds
    36  the capacity of the grade level or building.  In  such  cases,  students
    37  shall  be  accepted from among applicants by a random selection process,
    38  provided, however, that an enrollment preference shall  be  provided  to
    39  pupils  returning  to the charter school in the second or any subsequent
    40  year of operation and pupils residing in the school  district  in  which
    41  the  charter  school is located, and siblings of pupils already enrolled
    42  in the charter school.   A charter school may  establish  an  enrollment

    43  preference  for  pupils  residing  in school districts contiguous to the
    44  school district in which the charter school is located, but such prefer-
    45  ence shall not exceed that established  for  students  residing  in  the
    46  district  in  which  the  charter  school  is  located. A charter school
    47  located in a school district with a population of one  million  or  more
    48  also  may  establish an enrollment preference for pupils residing in the
    49  community school district, as referenced in subdivision two  of  section
    50  twenty-five  hundred ninety-a of this title, or for the borough in which
    51  the charter school is located, or both. Preference may also be  provided
    52  to  children  of  employees  of the charter school or charter management

    53  organization, provided that such children of employees may constitute no
    54  more than fifteen percent of the charter school's total enrollment.  The
    55  commissioner  shall  establish  regulations  to  require that the random
    56  selection process conducted pursuant to this paragraph be performed in a

        A. 9024                             3
 
     1  transparent and equitable manner and to require that the time and  place
     2  of  the  random  selection  process be publicized in a manner consistent
     3  with the requirements of section one hundred four of the public officers
     4  law  and  be  open to the public. For the purposes of this paragraph and
     5  paragraph (a) of this subdivision, the  school  district  in  which  the
     6  charter  school  is  located shall mean, for the city school district of
     7  the city of New York, the community district in which the charter school
     8  is located.

     9    § 4. This act shall take effect on the first of July  next  succeeding
    10  the  date  on which it shall have become a law; provided that the amend-
    11  ments to paragraph (a) of subdivision 1 of section 2856 of the education
    12  law made by section two of this act shall not affect the  expiration  of
    13  such subdivision and shall be deemed to expire therewith.
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