STATE OF NEW YORK
________________________________________________________________________
6761
2011-2012 Regular Sessions
IN ASSEMBLY
March 28, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to permitting school
districts outside the city of New York to pass on the district's
percentage reduction in state aid 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 (a) of subdivision 1 of section 2856 of the
2 education law, as amended by section 12 of part A of chapter 57 of the
3 laws of 2009, is amended to read as follows:
4 (a) The enrollment of students attending charter schools shall be
5 included in the enrollment, attendance, membership and, if applicable,
6 count of students with disabilities of the school district in which the
7 pupil resides. The charter school shall report all such data to the
8 school districts of residence in a timely manner. Each school district
9 shall report such enrollment, attendance and count of students with
10 disabilities to the department. The school district of residence shall
11 pay directly to the charter school for each student enrolled in the
12 charter school who resides in the school district the charter school
13 basic tuition, which shall be an amount equal to one hundred percent of
14 the amount calculated pursuant to paragraph f of subdivision one of
15 section thirty-six hundred two of this chapter for the school district
16 for the year prior to the base year increased by the percentage change
17 in the state total approved operating expense calculated pursuant to
18 paragraph t of subdivision one of section thirty-six hundred two of this
19 chapter from two years prior to the base year to the base year;
20 provided, however, that for the two thousand nine--two thousand ten
21 school year, the charter school basic tuition shall be the amount paya-
22 ble by such district as charter school basic tuition for the two thou-
23 sand eight--two thousand nine school year. Notwithstanding any other
24 provisions of law to the contrary and except for a city with one million
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10490-01-1
A. 6761 2
1 inhabitants or more, a board of education may reduce the basic tuition
2 for the two thousand eleven--two thousand twelve and two thousand
3 twelve--two thousand thirteen school years by the district's net gap
4 elimination adjustment percentage for such years as determined by the
5 commissioner pursuant to this chapter.
6 § 2. This act shall take effect immediately, provided, however that
7 the amendments to paragraph (a) of subdivision 1 of section 2856 of the
8 education law made by section one of this act shall not affect the expi-
9 ration of such subdivision and shall be deemed to expire therewith.
