STATE OF NEW YORK
________________________________________________________________________
708
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. HUNTER, MAGNARELLI -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to payments made by
school districts to charter schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 2856 of the
2 education law, as amended by section 4 of part YYY of chapter 59 of the
3 laws of 2017, is amended to read as follows:
4 (b) The school district shall also pay directly to the charter school
5 any federal or state aid attributable to a student with a disability
6 attending charter school in proportion to the level of services for such
7 student with a disability that the charter school provides directly or
8 indirectly. Notwithstanding anything in this section to the contrary,
9 amounts payable pursuant to this subdivision from state or local funds
10 may be reduced pursuant to an agreement between the school and the char-
11 ter entity set forth in the charter. Payments made pursuant to this
12 subdivision shall be made by the school district [in six substantially
13 equal installments each year beginning on the first business day of July
14 and every two months thereafter] each quarter, at the time and in the
15 same proportion the school district receives its state aid. Amounts
16 payable under this subdivision shall be determined by the commissioner.
17 Amounts payable to a charter school in its first year of operation shall
18 be based on the projections of initial-year enrollment set forth in the
19 charter until actual enrollment data is reported to the school district
20 by the charter school. Such projections shall be reconciled with the
21 actual enrollment as actual enrollment data is so reported and at the
22 end of the school's first year of operation and each subsequent year
23 based on a final report of actual enrollment by the charter school, and
24 any necessary adjustments resulting from such final report shall be made
25 to payments during the school's following year of operation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00431-01-3
A. 708 2
1 § 2. Paragraph (b) of subdivision 1 of section 2856 of the education
2 law, as amended by section 4-a of part YYY of chapter 59 of the laws of
3 2017, is amended to read as follows:
4 (b) The school district shall also pay directly to the charter school
5 any federal or state aid attributable to a student with a disability
6 attending charter school in proportion to the level of services for such
7 student with a disability that the charter school provides directly or
8 indirectly. Notwithstanding anything in this section to the contrary,
9 amounts payable pursuant to this subdivision may be reduced pursuant to
10 an agreement between the school and the charter entity set forth in the
11 charter. Payments made pursuant to this subdivision shall be made by the
12 school district [in six substantially equal installments each year
13 beginning on the first business day of July and every two months there-
14 after] each quarter, at the time and in the same proportion the school
15 district receives its state aid. Amounts payable under this subdivision
16 shall be determined by the commissioner. Amounts payable to a charter
17 school in its first year of operation shall be based on the projections
18 of initial-year enrollment set forth in the charter. Such projections
19 shall be reconciled with the actual enrollment at the end of the
20 school's first year of operation, and any necessary adjustments shall be
21 made to payments during the school's second year of operation.
22 § 3. This act shall take effect on the first of July next succeeding
23 the date upon which it shall have become a law, provided that the amend-
24 ments to paragraph (b) of subdivision 1 of section 2856 of the education
25 law made by section one of this act shall be subject to the expiration
26 and reversion of such subdivision pursuant to subdivision d of section
27 27 of chapter 378 of the laws of 2007, as amended, when upon such date
28 the provisions of section two of this act shall take effect.
