STATE OF NEW YORK
________________________________________________________________________
6312
2025-2026 Regular Sessions
IN ASSEMBLY
March 3, 2025
___________
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:
1 Section 1. Paragraph (d) of subdivision 1 of section 2856 of the
2 education law, as amended by section 30 of part A of chapter 56 of the
3 laws of 2024, is amended to read as follows:
4 (d) School districts shall be eligible for an annual apportionment
5 equal to the amount of the supplemental basic tuition for the charter
6 school in the base year for the expenses incurred in the two thousand
7 fourteen--two thousand fifteen, two thousand fifteen--two thousand
8 sixteen, two thousand sixteen--two thousand seventeen school years and
9 thereafter, provided, however, that for any school district having a
10 population of less than one million, such payment shall be made in the
11 current year for expenses incurred in the two thousand twenty-five--two
12 thousand twenty-six school year and thereafter. Provided, further, that
13 for expenses incurred in the two thousand twenty--two thousand twenty-
14 one school year, for a city school district in a city having a popu-
15 lation of one million or more, the annual apportionment shall be reduced
16 by thirty-five million dollars ($35,000,000) upon certification by the
17 director of the budget of the availability of a grant in the same amount
18 from the elementary and secondary school emergency relief funds provided
19 through the American rescue plan act of 2021 (P.L. 117-2). Provided
20 further that for expenses incurred in the two thousand twenty-three--two
21 thousand twenty-four school year, for a city school district in a city
22 having a population of one million or more, the annual apportionment
23 shall be reduced by thirty-five million dollars ($35,000,000) upon
24 certification by the director of the budget of the availability of a
25 grant in the same amount from the elementary and secondary school emer-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04497-01-5
A. 6312 2
1 gency relief funds provided through the American rescue plan act of 2021
2 (P.L. 117-2).
3 § 2. Paragraph (c) of subdivision 1 of section 2856 of the education
4 law, as amended by section 31 of part A of chapter 56 of the laws of
5 2024, is amended to read as follows:
6 (c) School districts shall be eligible for an annual apportionment
7 equal to the amount of the supplemental basic tuition for the charter
8 school in the base year for the expenses incurred in the two thousand
9 fourteen--two thousand fifteen, two thousand fifteen--two thousand
10 sixteen, two thousand sixteen--two thousand seventeen school years and
11 thereafter, provided, however, that for any school district having a
12 population of less than one million, such payment shall be made in the
13 current year for expenses incurred in the two thousand twenty-five--two
14 thousand twenty-six school year and thereafter. Provided that for
15 expenses incurred in the two thousand twenty--two thousand twenty-one
16 school year, for a city school district in a city having a population of
17 one million or more, the annual apportionment shall be reduced by thir-
18 ty-five million dollars ($35,000,000) upon certification by the director
19 of the budget of the availability of a grant in the same amount from the
20 elementary and secondary school emergency relief funds provided through
21 the American rescue plan act of 2021 (P.L. 117-2). Provided further that
22 for expenses incurred in the two thousand twenty-three--two thousand
23 twenty-four school year, for a city school district in a city having a
24 population of one million or more, the annual apportionment shall be
25 reduced by thirty-five million dollars ($35,000,000) upon certification
26 by the director of the budget of the availability of a grant in the same
27 amount from the elementary and secondary school emergency relief funds
28 provided through the American rescue plan act of 2021 (P.L. 117-2).
29 § 3. Section 3602 of the education law is amended by adding a new
30 subdivision 42 to read as follows:
31 42. Aid for charter school tuition payments. (a) Any school district
32 that is required to pay tuition to charter schools pursuant to section
33 twenty-eight hundred fifty-six of this chapter in the two thousand twen-
34 ty-five--two thousand twenty-six school year and thereafter shall be
35 eligible for an apportionment under this subdivision.
36 (b) Each school year, any such eligible school district shall submit
37 the total amount of charter school tuition paid by the district in the
38 base year on a form prescribed by the commissioner.
39 (c) The apportionment herein for each school district shall equal the
40 positive result of total charter school basic tuition paid in the
41 current year minus the total charter school basic tuition paid in the
42 two thousand twenty-five--two thousand twenty-six school year.
43 § 4. This act shall take effect immediately; provided that the amend-
44 ments to subdivision 1 of section 2856 of the education law made by
45 section one of this act shall be subject to the expiration and reversion
46 of such subdivision pursuant to subdivision d of section 27 of chapter
47 378 of the laws of 2007, as amended, when upon such date the provisions
48 of section two of this act shall take effect.
