|SAME AS||No Same As|
|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.|
|01/19/2016||referred to education|
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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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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. LBD10672-02-6A. 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 aA. 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.