STATE OF NEW YORK
________________________________________________________________________
310
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. GALEF, PAULIN, PEOPLES-STOKES, ENGLEBRIGHT,
SPANO, CALHOUN, GIGLIO, CASTRO -- Multi-Sponsored by -- M. of A.
AMEDORE, BOYLAND, BURLING, COLTON, CONTE, COOK, CROUCH, FINCH, GIBSON,
HOOPER, MAGEE, McENENY, SALADINO, SCHIMEL, SWEENEY, THIELE -- 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. Section 2856 of the education law, as added by chapter 4 of
2 the laws of 1998, subdivision 1 as amended by chapter 378 of the laws of
3 2007, paragraph (a) of subdivision 1 as amended by section 12 of part A
4 of chapter 57 of the laws of 2009, is amended to read as follows:
5 § 2856. Financing of charter schools. 1. (a) The enrollment of
6 students attending charter schools shall not be included in the enroll-
7 ment, attendance, membership and, if applicable, count of students with
8 disabilities of the school district in which the pupil resides. The
9 charter school shall report all such data to the [school districts of
10 residence] department in a timely manner. [Each school district shall
11 report such enrollment, attendance and count of students with disabili-
12 ties to the department.] The [school district of residence] department
13 shall pay directly to the charter school for each student enrolled in
14 the charter school [who resides in the school district] the charter
15 school basic tuition, which shall be an amount equal to one hundred
16 percent of the amount calculated pursuant to paragraph f of subdivision
17 one of section thirty-six hundred two of this chapter for the student's
18 school district of residence for the year prior to the base year
19 increased by the percentage change in the state total approved operating
20 expense calculated pursuant to paragraph t of subdivision one of section
21 thirty-six hundred two of this chapter from two years prior to the base
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03380-01-1
A. 310 2
1 year to the base year; provided, however, that for the two thousand
2 nine--two thousand ten school year, the charter school basic tuition
3 shall be the amount payable by such district as charter school basic
4 tuition for the two thousand eight--two thousand nine school year.
5 (b) The [school district] department shall also pay directly to the
6 charter school any federal or state aid attributable to a student with a
7 disability attending the charter school in proportion to the level of
8 services for such student with a disability that the charter school
9 provides directly or indirectly. Notwithstanding anything in this
10 section to the contrary, amounts payable pursuant to this subdivision
11 from state or local funds may be reduced pursuant to an agreement
12 between the department, the charter school and the charter entity set
13 forth in the charter. Payments made pursuant to this subdivision shall
14 be made by the [school district] department in six substantially equal
15 installments each year beginning on the first business day of July and
16 every two months thereafter. Amounts payable under this subdivision
17 shall be determined by the commissioner. Amounts payable to a charter
18 school in its first year of operation shall be based on the projections
19 of initial-year enrollment set forth in the charter until actual enroll-
20 ment data is reported to the school district by the charter school. Such
21 projections shall be reconciled with the actual enrollment as actual
22 enrollment data is so reported and at the end of the school's first year
23 of operation and each subsequent year based on a final report of actual
24 enrollment by the charter school, and any necessary adjustments result-
25 ing from such final report shall be made to payments during the school's
26 following year of operation.
27 (c) Notwithstanding any other provision of this subdivision to the
28 contrary, payment of the federal aid attributable to a student with a
29 disability attending a charter school shall be made in accordance with
30 the requirements of section 8065-a of title twenty of the United States
31 code and sections 76.785-76.799 and 300.209 of title thirty-four of the
32 code of federal regulations.
33 2. [In the event of the failure of the school district to make
34 payments required by this section, the state comptroller shall deduct
35 from any state funds which become due to such school district an amount
36 equal to the unpaid obligation. The comptroller shall pay over such sum
37 to the charter school upon certification of the commissioner. The
38 commissioner shall promulgate regulations to implement the provisions of
39 this subdivision.
40 3.] Nothing in this article shall be construed to prohibit any person
41 or organization from providing funding or other assistance to the estab-
42 lishment or operation of a charter school. The board of trustees of a
43 charter school is authorized to accept gifts, donations or grants of any
44 kind made to the charter school and to expend or use such gifts,
45 donations or grants in accordance with the conditions prescribed by the
46 donor; provided, however, that no gift, donation or grant may be
47 accepted if subject to a condition that is contrary to any provision of
48 law or term of the charter.
49 § 2. This act shall take effect immediately, provided, however, that
50 the amendments to subdivision 1 of section 2856 of the education law
51 made by section one of this act shall not affect the expiration of such
52 subdivision and shall be deemed to expire therewith; provided further,
53 however that the amendments to paragraph (a) of subdivision 1 of section
54 2856 of the education law made by section one of this act shall survive
55 the expiration and reversion of such subdivision as provided in subdivi-
56 sion d of section 27 of chapter 378 of the laws of 2007, as amended.
