NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6604
SPONSOR: Galef TITLE OF BILL:
An act to amend the education law, in relation to the financing of char-
ter schools
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to ensure that each of New York
State's charter schools are funded by the State in a way that does not
compromise the state aid flowing to the school districts in which the
school's students reside.
SUMMARY OF PROVISIONS:
Section 1. § 2856 of the Education Law is amended to read as follows:
Financing of Charter Schools. 1. (a) The enrollment of students attend-
ing charter schools shall be included in the enrollment, attendance,
membership and, if applicable, count of students with disabilities of
the school district in which the pupil resides. The charter school shall
report all such data to the department in a timely manner The department
shall pay directly to the charter school for each student enrolled in
the charter school the charter school basic tuition, shall be: (i) for
school years prior to the two thousand nine--two thousand ten school
year, and amount equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two of this chapter for the student's school district of residence for
the year prior to the base year increased by the percentage change in
the state total approved operating expense calculated pursuant to para-
graph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year... Also,
numerous times in this section, 'school district' is replaced by
'department' when addressing payments. 2. Nothing in this article shall
be construed to prohibit any person or organization from providing fund-
ing or other assistance to the establishment or operation of a charter
school. The board of trustees of a charter school is authorized to
accept gifts, donations or grants of any kind made to the charter school
and to expend or use such gifts, donations or grants in accordance with
the conditions prescribed by the donor; provided, however, that no gift,
donation or grant may be accepted if subject to a condition that is
contrary to any provision of law or term of the charter.
Section 2. Subdivision 1 of section 2856 of the Education law is amended
as follows: 1. (a) The enrollment of students attending charter schools
shall not be included in the enrollment, attendance and, if applicable,
count of students with disabilities of the school district in which the
pupil resides. The charter school shall report all such data to the
department in a timely manner. The department shall pay directly to the
charter school for each student enrolled in the charter school the char-
ter school basic tuition which shall include... Also, numerous times in
this section, 'school district' is replaced by 'department' when
addressing payments.
Section 3. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This
section is not relevant at this time.
JUSTIFICATION:
The 1998 charter school law established a pilot program for up to 100
schools across the State. Although it is appropriate to experiment and
innovate in order to understand the best way to educate our children,
the impact to the district where a charter school is opened can be
devastating as the current law is written. Children enrolled in charter
schools are now included in the school district's enrollment figures, so
the school district continues to receive state aid for them. However,
the district must pay out to the charter school an amount equal to the
district's approved operating expense of educating that student -- in
many cases the amount is much greater than the state aid or any poten-
tial savings -- which must be raised from local property taxpayers.
Charter schools are the State's experiment, and therefore they should be
funded by the State. As found on the New York State Education Depart-
ment website, in the 2016-2017 school year, the number of charter
schools has increased to a total of 295, which is making legislation
necessary and relevant.
(http://www.p12.nysed.gov/irs/statistics/public/).
PRIOR LEGISLATIVE HISTORY:
A. 6711 of 2019/2020
A. 8678 of 2017/2018
A. 310 of 2011/2012
A. 3823 of 2009/2010
A. 3443 of 2007/2008
A. 5100 of 2005/2006
A. 6438 of 2003/2004
A. 3578 of 2001-2002
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
With the passage of this legislation, there will be a cost impact on the
State Budget, and a beneficial impact on local school districts. The
precise fiscal implications will depend on the amount of state aid that
already follows those students who have enrolled in charter schools.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 1 of section 2856 of the Education Law made by
section one of this act shall not affect the expiration and reversion of
such subdivision pursuant to subdivision d of section 27 of chapter 378
of the laws of 2007, as amended when upon such date the provisions of
section two of this act shall take effect.
STATE OF NEW YORK
________________________________________________________________________
6604
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. GALEF -- 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 section 4 of part YYY of
3 chapter 59 of the laws of 2017, subparagraph (viii) of paragraph (a) as
4 amended and subparagraphs (ix) and (x) of paragraph (a) as added by
5 section 26-a of part A of chapter 56 of the laws of 2020, is amended to
6 read as follows:
7 § 2856. Financing of charter schools. 1. (a) The enrollment of
8 students attending charter schools shall not be included in the enroll-
9 ment, attendance, membership and, if applicable, count of students with
10 disabilities of the school district in which the pupil resides. The
11 charter school shall report all such data to the [school districts of
12 residence] department in a timely manner. [Each school district shall
13 report such enrollment, attendance and count of students with disabili-
14 ties to the department.] The [school district of residence] department
15 shall pay directly to the charter school for each student enrolled in
16 the charter school [who resides in the school district] the charter
17 school basic tuition, which shall be:
18 (i) for school years prior to the two thousand nine--two thousand ten
19 school year, an amount equal to one hundred percent of the amount calcu-
20 lated pursuant to paragraph f of subdivision one of section thirty-six
21 hundred two of this chapter for the student's school district of resi-
22 dence for the year prior to the base year increased by the percentage
23 change in the state total approved operating expense calculated pursuant
24 to paragraph t of subdivision one of section thirty-six hundred two of
25 this chapter from two years prior to the base year to the base year;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10501-01-1
A. 6604 2
1 (ii) for the two thousand nine--two thousand ten school year, the
2 charter school basic tuition shall be the amount payable by such
3 district as charter school basic tuition for the two thousand eight--two
4 thousand nine school year;
5 (iii) for the two thousand ten--two thousand eleven through two thou-
6 sand thirteen--two thousand fourteen school years, the charter school
7 basic tuition shall be the basic tuition computed for the two thousand
8 ten--two thousand eleven school year pursuant to the provisions of
9 subparagraph (i) of this paragraph;
10 (iv) for the two thousand fourteen--two thousand fifteen, two thousand
11 fifteen--two thousand sixteen and two thousand sixteen--two thousand
12 seventeen school years, the charter school basic tuition shall be the
13 sum of the lesser of the charter school basic tuition computed for the
14 two thousand ten--two thousand eleven school year pursuant to the
15 provisions of subparagraph (i) of this paragraph or the charter school
16 basic tuition computed for the current year pursuant to the provisions
17 of subparagraph (i) of this paragraph plus the supplemental basic
18 tuition;
19 (v) for the two thousand seventeen--two thousand eighteen school year,
20 the charter school basic tuition shall be the sum of (A) the charter
21 school basic tuition for the two thousand sixteen--two thousand seven-
22 teen school year plus (B) five hundred dollars;
23 (vi) for the two thousand eighteen--two thousand nineteen school year,
24 the charter school basic tuition shall be the lesser of (A) the product
25 of (i) the charter school basic tuition calculated for the base year
26 multiplied by (ii) the average of the quotients for each school year in
27 the period commencing with the year five years prior to the base year
28 and finishing with the year prior to the base year of the total approved
29 operating expense for such school district calculated pursuant to para-
30 graph t of subdivision one of section thirty-six hundred two of this
31 chapter for each such year divided by the total approved operating
32 expense for such district for the immediately preceding year, provided
33 that the highest and lowest annual quotients shall be excluded from the
34 calculation of such average or (B) the quotient of the total general
35 fund expenditures for the school district calculated pursuant to an
36 electronic data file created for the purpose of compliance with para-
37 graph b of subdivision twenty-one of section three hundred five of this
38 chapter published annually on May fifteenth for the year prior to the
39 base year divided by the total estimated public enrollment for the
40 school district pursuant to paragraph n of subdivision one of section
41 thirty-six hundred two of this chapter for the year prior to the base
42 year.
43 (vii) for the two thousand nineteen--two thousand twenty school year
44 the charter school basic tuition shall be the lesser of (A) the product
45 of (i) the charter school basic tuition calculated for the base year
46 multiplied by (ii) the average of the quotients for each school year in
47 the period commencing with the year three years prior to the base year
48 and finishing with the year prior to the base year of the total approved
49 operating expense for such school district calculated pursuant to para-
50 graph t of subdivision one of section thirty-six hundred two of this
51 chapter for each such year divided by the total approved operating
52 expense for such district for the immediately preceding year provided
53 that the highest annual quotient calculated pursuant to this subpara-
54 graph shall be replaced by the average quotient calculated pursuant to
55 subparagraph (vi) of this paragraph or (B) the quotient of the total
56 general fund expenditures for the school district calculated pursuant to
A. 6604 3
1 an electronic data file created for the purpose of compliance with para-
2 graph b of subdivision twenty-one of section three hundred five of this
3 chapter published annually on May fifteenth for the year prior to the
4 base year divided by the total estimated public enrollment for the
5 school district pursuant to paragraph n of subdivision one of section
6 thirty-six hundred two of this chapter for the year prior to the base
7 year.
8 (viii) for the two thousand twenty--two thousand twenty-one and two
9 thousand twenty-one--two thousand twenty-two school years, the charter
10 school basic tuition shall be the lesser of (A) the product of (i) the
11 charter school basic tuition calculated for the base year multiplied by
12 (ii) the average of the quotients for each school year in the period
13 commencing with the year three years prior to the base year and finish-
14 ing with the year prior to the base year of the total approved operating
15 expense for such school district calculated pursuant to paragraph t of
16 subdivision one of section thirty-six hundred two of this chapter for
17 each such year divided by the total approved operating expense for such
18 district for the immediately preceding year multiplied by, for the two
19 thousand twenty--two thousand twenty-one school year only, (iii) nine
20 hundred forty-five one-thousandths (0.945) or (B) the quotient of the
21 total general fund expenditures for the school district calculated
22 pursuant to an electronic data file created for the purpose of compli-
23 ance with paragraph b of subdivision twenty-one of section three hundred
24 five of this chapter published annually on May fifteenth for the year
25 prior to the base year divided by the total estimated public enrollment
26 for the school district pursuant to paragraph n of subdivision one of
27 section thirty-six hundred two of this chapter for the year prior to the
28 base year.
29 (ix) for the two thousand twenty-two--two thousand twenty-three
30 through two thousand twenty-four--two thousand twenty-five school years
31 the charter school basic tuition shall be the lesser of (A) the product
32 of (i) the charter school basic tuition calculated for the base year
33 multiplied by (ii) the average of the quotients for each school year in
34 the period commencing with the year four years prior to the base year
35 and finishing with the year prior to the base year, excluding the two
36 thousand twenty--two thousand twenty-one school year, of the total
37 approved operating expense for such school district calculated pursuant
38 to paragraph t of subdivision one of section thirty-six hundred two of
39 this chapter for each such year divided by the total approved operating
40 expense for such district for the immediately preceding year or (B) the
41 quotient of the total general fund expenditures for the school district
42 calculated pursuant to an electronic data file created for the purpose
43 of compliance with paragraph b of subdivision twenty-one of section
44 three hundred five of this chapter published annually on May fifteenth
45 for the year prior to the base year divided by the total estimated
46 public enrollment for the school district pursuant to paragraph n of
47 subdivision one of section thirty-six hundred two of this chapter for
48 the year prior to the base year.
49 (x) for the two thousand twenty-five--two thousand twenty-six school
50 year and thereafter the charter school basic tuition shall be the lesser
51 of (A) the product of (i) the charter school basic tuition calculated
52 for the base year multiplied by (ii) the average of the quotients for
53 each school year in the period commencing with the year three years
54 prior to the base year and finishing with the year prior to the base
55 year of the total approved operating expense for such school district
56 calculated pursuant to paragraph t of subdivision one of section thir-
A. 6604 4
1 ty-six hundred two of this chapter for each such year divided by the
2 total approved operating expense for such district for the immediately
3 preceding year or (B) the quotient of the total general fund expendi-
4 tures for the school district calculated pursuant to an electronic data
5 file created for the purpose of compliance with paragraph b of subdivi-
6 sion twenty-one of section three hundred five of this chapter published
7 annually on May fifteenth for the year prior to the base year divided by
8 the total estimated public enrollment for the school district pursuant
9 to paragraph n of subdivision one of section thirty-six hundred two of
10 this chapter for the year prior to the base year.
11 For the purposes of this subdivision, the "supplemental basic tuition"
12 shall be (A) for a school district for which the charter school basic
13 tuition computed for the current year is greater than or equal to the
14 charter school basic tuition for the two thousand ten--two thousand
15 eleven school year pursuant to the provisions of subparagraph (i) of
16 this paragraph, (1) for the two thousand fourteen--two thousand fifteen
17 school year two hundred and fifty dollars, and (2) for the two thousand
18 fifteen--two thousand sixteen school year three hundred and fifty
19 dollars, and (3) for the two thousand sixteen--two thousand seventeen
20 school year five hundred dollars, and (4) for the two thousand seven-
21 teen--two thousand eighteen school year and thereafter, the sum of (i)
22 the supplemental basic tuition calculated for the two thousand sixteen-
23 -two thousand seventeen school year plus (ii) five hundred dollars, and
24 (B) for school years prior to the two thousand seventeen--two thousand
25 eighteen school year, for a school district for which the charter school
26 basic tuition for the two thousand ten--two thousand eleven school year
27 is greater than the charter school basic tuition for the current year
28 pursuant to the provisions of subparagraph (i) of this paragraph, the
29 positive difference of the charter school basic tuition for the two
30 thousand ten--two thousand eleven school year minus the charter school
31 basic tuition for the current year pursuant to the provisions of subpar-
32 agraph (i) of this paragraph and (C) for school years following the two
33 thousand sixteen--two thousand seventeen school years, for a school
34 district for which the charter school basic tuition for the two thousand
35 ten--two thousand eleven school year is greater than the charter school
36 basic tuition for the current year pursuant to the provisions of subpar-
37 agraph (i) of this paragraph, the sum of (i) the supplemental basic
38 tuition calculated for the two thousand sixteen--two thousand seventeen
39 school year plus (ii) five hundred dollars.
40 (b) The [school district] department shall also pay directly to the
41 charter school any federal or state aid attributable to a student with a
42 disability attending the charter school in proportion to the level of
43 services for such student with a disability that the charter school
44 provides directly or indirectly. Notwithstanding anything in this
45 section to the contrary, amounts payable pursuant to this subdivision
46 from state or local funds may be reduced pursuant to an agreement
47 between the department, the charter school and the charter entity set
48 forth in the charter. Payments made pursuant to this subdivision shall
49 be made by the [school district] department in six substantially equal
50 installments each year beginning on the first business day of July and
51 every two months thereafter. Amounts payable under this subdivision
52 shall be determined by the commissioner. Amounts payable to a charter
53 school in its first year of operation shall be based on the projections
54 of initial-year enrollment set forth in the charter until actual enroll-
55 ment data is reported to the school district by the charter school. Such
56 projections shall be reconciled with the actual enrollment as actual
A. 6604 5
1 enrollment data is so reported and at the end of the school's first year
2 of operation and each subsequent year based on a final report of actual
3 enrollment by the charter school, and any necessary adjustments result-
4 ing from such final report shall be made to payments during the school's
5 following year of operation.
6 (c) Notwithstanding any other provision of this subdivision to the
7 contrary, payment of the federal aid attributable to a student with a
8 disability attending a charter school shall be made in accordance with
9 the requirements of section 8065-a of title twenty of the United States
10 code and sections 76.785-76.799 and 300.209 of title thirty-four of the
11 code of federal regulations.
12 (d) School districts shall be eligible for an annual apportionment
13 equal to the amount of the supplemental basic tuition for the charter
14 school in the base year for the expenses incurred in the two thousand
15 fourteen--two thousand fifteen, two thousand fifteen--two thousand
16 sixteen, two thousand sixteen--two thousand seventeen school years and
17 thereafter.
18 2. [In the event of the failure of the school district to make
19 payments required by this section, the state comptroller shall deduct
20 from any state funds which become due to such school district an amount
21 equal to the unpaid obligation. The comptroller shall pay over such sum
22 to the charter school upon certification of the commissioner. The
23 commissioner shall promulgate regulations to implement the provisions of
24 this subdivision.
25 3.] Nothing in this article shall be construed to prohibit any person
26 or organization from providing funding or other assistance to the estab-
27 lishment or operation of a charter school. The board of trustees of a
28 charter school is authorized to accept gifts, donations or grants of any
29 kind made to the charter school and to expend or use such gifts,
30 donations or grants in accordance with the conditions prescribed by the
31 donor; provided, however, that no gift, donation or grant may be
32 accepted if subject to a condition that is contrary to any provision of
33 law or term of the charter.
34 § 2. Subdivision 1 of section 2856 of the education law, as amended by
35 section 4-a of part YYY of chapter 59 of the laws of 2017, subparagraph
36 (viii) of paragraph (a) as amended and subparagraphs (ix) and (x) of
37 paragraph (a) as added by section 26-b of part A of chapter 56 of the
38 laws of 2020, is amended to read as follows:
39 1. (a) The enrollment of students attending charter schools shall not
40 be included in the enrollment, attendance and, if applicable, count of
41 students with disabilities of the school district in which the pupil
42 resides. The charter school shall report all such data to the [school
43 districts of residence] department in a timely manner. [Each school
44 district shall report such enrollment, attendance and count of students
45 with disabilities to the department.] The [school district of residence]
46 department shall pay directly to the charter school for each student
47 enrolled in the charter school [who resides in the school district] the
48 charter school basic tuition which shall be:
49 (i) for school years prior to the two thousand nine--two thousand ten
50 school year, an amount equal to one hundred percent of the amount calcu-
51 lated pursuant to paragraph f of subdivision one of section thirty-six
52 hundred two of this chapter for the school district for the year prior
53 to the base year increased by the percentage change in the state total
54 approved operating expense calculated pursuant to paragraph t of subdi-
55 vision one of section thirty-six hundred two of this chapter from two
56 years prior to the base year to the base year;
A. 6604 6
1 (ii) for the two thousand nine--two thousand ten school year, the
2 charter school basic tuition shall be the amount payable by such
3 district as charter school basic tuition for the two thousand eight--two
4 thousand nine school year;
5 (iii) for the two thousand ten--two thousand eleven through two thou-
6 sand thirteen--two thousand fourteen school years, the charter school
7 basic tuition shall be the basic tuition computed for the two thousand
8 ten--two thousand eleven school year pursuant to the provisions of
9 subparagraph (i) of this paragraph;
10 (iv) for the two thousand fourteen--two thousand fifteen, two thousand
11 fifteen--two thousand sixteen and two thousand sixteen--two thousand
12 seventeen school years, the charter school basic tuition shall be the
13 sum of the lesser of the charter school basic tuition computed for the
14 two thousand ten--two thousand eleven school year pursuant to the
15 provisions of subparagraph (i) of this paragraph or the charter school
16 basic tuition computed for the current year pursuant to the provisions
17 of subparagraph (i) of this paragraph plus the supplemental basic
18 tuition;
19 (v) for the two thousand seventeen--two thousand eighteen school year,
20 the charter school basic tuition shall be the sum of (A) the charter
21 school basic tuition for the two thousand sixteen--two thousand seven-
22 teen school year plus (B) five hundred dollars;
23 (vi) for the two thousand eighteen--two thousand nineteen school year,
24 the charter school basic tuition shall be the lesser of (A) the product
25 of (i) the charter school basic tuition calculated for the base year
26 multiplied by (ii) the average of the quotients for each school year in
27 the period commencing with the year five years prior to the base year
28 and finishing with the year prior to the base year of the total approved
29 operating expense for such school district calculated pursuant to para-
30 graph t of subdivision one of section thirty-six hundred two of this
31 chapter for each such year divided by the total approved operating
32 expense for such district for the immediately preceding year, provided
33 that the highest and lowest annual quotients shall be excluded from the
34 calculation of such average or (B) the quotient of the total general
35 fund expenditures for the school district calculated pursuant to an
36 electronic data file created for the purpose of compliance with para-
37 graph b of subdivision twenty-one of section three hundred five of this
38 chapter published annually on May fifteenth for the year prior to the
39 base year divided by the total estimated public enrollment for the
40 school district pursuant to paragraph n of subdivision one of section
41 thirty-six hundred two of this chapter for the year prior to the base
42 year.
43 (vii) for the two thousand nineteen--two thousand twenty school year
44 the charter school basic tuition shall be the lesser of (A) the product
45 of (i) the charter school basic tuition calculated for the base year
46 multiplied by (ii) the average of the quotients for each school year in
47 the period commencing with the year three years prior to the base year
48 and finishing with the year prior to the base year of the total approved
49 operating expense for such school district calculated pursuant to para-
50 graph t of subdivision one of section thirty-six hundred two of this
51 chapter for each such year divided by the total approved operating
52 expense for such district for the immediately preceding year provided
53 that the highest annual quotient calculated pursuant to this subpara-
54 graph shall be replaced by the average quotient calculated pursuant to
55 subparagraph (vi) of this paragraph or (B) the quotient of the total
56 general fund expenditures for the school district calculated pursuant to
A. 6604 7
1 an electronic data file created for the purpose of compliance with para-
2 graph b of subdivision twenty-one of section three hundred five of this
3 chapter published annually on May fifteenth for the year prior to the
4 base year divided by the total estimated public enrollment for the
5 school district pursuant to paragraph n of subdivision one of section
6 thirty-six hundred two of this chapter for the year prior to the base
7 year.
8 (viii) for the two thousand twenty--two thousand twenty-one and two
9 thousand twenty-one--two thousand twenty-two school years, the charter
10 school basic tuition shall be the lesser of (A) the product of (i) the
11 charter school basic tuition calculated for the base year multiplied by
12 (ii) the average of the quotients for each school year in the period
13 commencing with the year three years prior to the base year and finish-
14 ing with the year prior to the base year of the total approved operating
15 expense for such school district calculated pursuant to paragraph t of
16 subdivision one of section thirty-six hundred two of this chapter for
17 each such year divided by the total approved operating expense for such
18 district for the immediately preceding year multiplied by, for the two
19 thousand twenty--two thousand twenty-one school year only, (iii) nine
20 hundred forty-five one-thousandths (0.945) or (B) the quotient of the
21 total general fund expenditures for the school district calculated
22 pursuant to an electronic data file created for the purpose of compli-
23 ance with paragraph b of subdivision twenty-one of section three hundred
24 five of this chapter published annually on May fifteenth for the year
25 prior to the base year divided by the total estimated public enrollment
26 for the school district pursuant to paragraph n of subdivision one of
27 section thirty-six hundred two of this chapter for the year prior to the
28 base year.
29 (ix) for the two thousand twenty-two--two thousand twenty-three
30 through two thousand twenty-four--two thousand twenty-five school years
31 the charter school basic tuition shall be the lesser of (A) the product
32 of (i) the charter school basic tuition calculated for the base year
33 multiplied by (ii) the average of the quotients for each school year in
34 the period commencing with the year four years prior to the base year
35 and finishing with the year prior to the base year, excluding the two
36 thousand twenty--two thousand twenty-one school year, of the total
37 approved operating expense for such school district calculated pursuant
38 to paragraph t of subdivision one of section thirty-six hundred two of
39 this chapter for each such year divided by the total approved operating
40 expense for such district for the immediately preceding year or (B) the
41 quotient of the total general fund expenditures for the school district
42 calculated pursuant to an electronic data file created for the purpose
43 of compliance with paragraph b of subdivision twenty-one of section
44 three hundred five of this chapter published annually on May fifteenth
45 for the year prior to the base year divided by the total estimated
46 public enrollment for the school district pursuant to paragraph n of
47 subdivision one of section thirty-six hundred two of this chapter for
48 the year prior to the base year.
49 (x) for the two thousand twenty-five--two thousand twenty-six school
50 year and thereafter the charter school basic tuition shall be the lesser
51 of (A) the product of (i) the charter school basic tuition calculated
52 for the base year multiplied by (ii) the average of the quotients for
53 each school year in the period commencing with the year three years
54 prior to the base year and finishing with the year prior to the base
55 year of the total approved operating expense for such school district
56 calculated pursuant to paragraph t of subdivision one of section thir-
A. 6604 8
1 ty-six hundred two of this chapter for each such year divided by the
2 total approved operating expense for such district for the immediately
3 preceding year or (B) the quotient of the total general fund expendi-
4 tures for the school district calculated pursuant to an electronic data
5 file created for the purpose of compliance with paragraph b of subdivi-
6 sion twenty-one of section three hundred five of this chapter published
7 annually on May fifteenth for the year prior to the base year divided by
8 the total estimated public enrollment for the school district pursuant
9 to paragraph n of subdivision one of section thirty-six hundred two of
10 this chapter for the year prior to the base year.
11 For the purposes of this subdivision, the "supplemental basic tuition"
12 shall be (A) for a school district for which the charter school basic
13 tuition computed for the current year is greater than or equal to the
14 charter school basic tuition for the two thousand ten--two thousand
15 eleven school year pursuant to the provisions of subparagraph (i) of
16 this paragraph, (1) for the two thousand fourteen--two thousand fifteen
17 school year two hundred and fifty dollars, and (2) for the two thousand
18 fifteen--two thousand sixteen school year three hundred and fifty
19 dollars, and (3) for the two thousand sixteen--two thousand seventeen
20 school year five hundred dollars, and (4) for the two thousand seven-
21 teen--two thousand eighteen school year and thereafter, the sum of (i)
22 the supplemental basic tuition calculated for the two thousand sixteen-
23 -two thousand seventeen school year plus (ii) five hundred dollars, and
24 (B) for school years prior to the two thousand seventeen--two thousand
25 eighteen school year, for a school district for which the charter school
26 basic tuition for the two thousand ten--two thousand eleven school year
27 is greater than the charter school basic tuition for the current year
28 pursuant to the provisions of subparagraph (i) of this paragraph, the
29 positive difference of the charter school basic tuition for the two
30 thousand ten--two thousand eleven school year minus the charter school
31 basic tuition for the current year pursuant to the provisions of subpar-
32 agraph (i) of this paragraph and (C) for school years following the two
33 thousand sixteen--two thousand seventeen school years, for a school
34 district for which the charter school basic tuition for the two thousand
35 ten--two thousand eleven school year is greater than the charter school
36 basic tuition for the current year pursuant to the provisions of subpar-
37 agraph (i) of this paragraph, the sum of (i) the supplemental basic
38 tuition calculated for the two thousand sixteen--two thousand seventeen
39 school year plus (ii) five hundred dollars.
40 (b) The [school district] department shall also pay directly to the
41 charter school any federal or state aid attributable to a student with a
42 disability attending charter school in proportion to the level of
43 services for such student with a disability that the charter school
44 provides directly or indirectly. Notwithstanding anything in this
45 section to the contrary, amounts payable pursuant to this subdivision
46 may be reduced pursuant to an agreement between the department, the
47 charter school and the charter entity set forth in the charter. Payments
48 made pursuant to this subdivision shall be made by the [school district]
49 department in six substantially equal installments each year beginning
50 on the first business day of July and every two months thereafter.
51 Amounts payable under this subdivision shall be determined by the
52 commissioner. Amounts payable to a charter school in its first year of
53 operation shall be based on the projections of initial-year enrollment
54 set forth in the charter. Such projections shall be reconciled with the
55 actual enrollment at the end of the school's first year of operation,
A. 6604 9
1 and any necessary adjustments shall be made to payments during the
2 school's second year of operation.
3 (c) School districts shall be eligible for an annual apportionment
4 equal to the amount of the supplemental basic tuition for the charter
5 school in the base year for the expenses incurred in the two thousand
6 fourteen--two thousand fifteen, two thousand fifteen--two thousand
7 sixteen, two thousand sixteen--two thousand seventeen school years and
8 thereafter.
9 § 3. This act shall take effect immediately, provided, however, that
10 the amendments to subdivision 1 of section 2856 of the education law
11 made by section one of this act shall not affect the expiration and
12 reversion of such subdivision pursuant to subdivision d of section 27 of
13 chapter 378 of the laws of 2007, as amended when upon such date the
14 provisions of section two of this act shall take effect.
