Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2013; provides that no further action shall be taken for charter schools where classes have not commenced prior to September 1, 2013.
STATE OF NEW YORK
________________________________________________________________________
1157
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. BRESLIN, HASSELL-THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
AN ACT to amend the education law, in relation to suspending the grant-
ing of charters for proposed charter schools not acted upon prior to
April 1, 2013; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. Due to a devastating fiscal crisis
2 not seen since the great depression, New York state faces staggering
3 budget gaps for the foreseeable future. Furthermore, local governments
4 face the prospect of reduced state revenue sharing and local school
5 districts face flat or reduced education aid, putting even greater pres-
6 sure on beleaguered property taxpayers.
7 Chapter 4 of the laws of 1998, which enacted the state's charter
8 school law, created a funding scheme that requires the public school
9 district of a student who enrolls in a charter school to pay the charter
10 school 100% of the district's prior year average approved per pupil
11 operating expense. School property taxes are by far the highest local
12 tax burden for New York state residents and redirecting precious
13 resources at a time of fiscal crisis will place additional burdens on
14 local taxpayers. Moreover, charter schools have primarily been estab-
15 lished in urban areas that face eroding tax bases and declining popu-
16 lations. Small city school districts are especially hard hit by the
17 establishment of charter schools.
18 The legislature therefore finds that it is in the best interest of
19 students and taxpayers throughout New York state to suspend the charter
20 school application process as of April 1, 2013. Furthermore, a proposed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01722-01-3
S. 1157 2
1 charter school shall have its charter revoked if it has not commenced
2 classes prior to August 31, 2013.
3 § 2. Section 2851 of the education law is amended by adding a new
4 subdivision 1-a to read as follows:
5 1-a. Notwithstanding any other provision of this article to the
6 contrary, on and after April first, two thousand thirteen, no applica-
7 tion to establish a charter school shall be accepted or acted upon by a
8 charter granting entity. Provided, further, that a proposed charter
9 school that has been granted a charter and has not commenced classes
10 prior to September first, two thousand thirteen shall have such charter
11 revoked and no further action shall be taken by a charter granting enti-
12 ty on such application.
13 § 3. This act shall take effect April 1, 2013 and shall expire April
14 1, 2015 when upon such date the provisions of this act shall be deemed
15 repealed.
