Restores the tuition freeze for charter schools to the 2009-2010 school year level for the City School District of the city of Albany.

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S2007B-2011 Actions

• Jun 15, 2012: PRINT NUMBER 2007C
• Jun 15, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Jun 14, 2011: PRINT NUMBER 2007B
• Jun 14, 2011: AMEND AND RECOMMIT TO EDUCATION
• Jun 10, 2011: PRINT NUMBER 2007A
• Jun 10, 2011: AMEND AND RECOMMIT TO EDUCATION
• Jan 14, 2011: REFERRED TO EDUCATION

S2007B-2011 Memo

BILL NUMBER:S2007B

TITLE OF BILL:
An act
to amend the education law, in relation to charter school tuition

PURPOSE OR GENERAL IDEA OF BILL:
To restore the tuition freeze for
charter schools to the 2008-2009 school year level for the City of
Albany School District.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amend paragraph (a) of subdivision 1 of section 2856 of the
education law, as amended by section 12 of part A of chapter 57 of
the laws of 2009.

Section 2: Amends subparagraph (iii) of paragraph (a) of subdivision 1
of section 2856 of the education law, as added by section 21 of part A
of chapter 58 of the laws of 2011.

Section 3: Amends subdivision 1 of section 2856 of the education law,
as amended by section 22 of part A of chapter 58 of the laws of 2011.

Section 4: Effective date.

JUSTIFICATION:
On July 7, 2010 Governor Paterson vetoed S6607B, the Article VII bill
for the Education, Labor and Family assistance budget (ELFA). By
doing so he lifted the freeze on per pupil "tuition" paid by school
districts to charter schools, This freeze would mean that charter
schools would receive tuition based on the district's operating
expenses for the 2006-2007 school year. This charter school tuition
freeze was included in last year's budget. By vetoing the freeze
districts now have to send more money per student to charter schools
than they had allocated within their school budgets. For the City
School District of Albany this means a shortfall of between $4.5- $5
million dollars. In order to make up for this loss they may have to
cut up to 100 positions. This is not fair to the students and faculty
of the City School District of Albany.

This legislation would correct this veto by extending the effective
date of the charter school tuition freeze.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Neutral.

EFFECTIVE DATE:
This act shall take effect immediately; provided that
section one of this act shall be deemed to have been in full force
and effect on and after July 1, 2010; provided that sections two and
three of this act shall take effect on the same date as sections 21
and 22, respectively, of part A of chapter 58 of the laws of 2011
take effect; and provided further that the amendments to subdivision


one and two of this act shall not affect the expiration of such
subdivision as provided in chapter 378 of the laws of 2007, as
amended, when upon such date the provisions of section three of this
act shall take effect.

S2007B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2007--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 14, 2011
                                 ___________

  Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
    printed to be committed to the Committee  on  Education  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to  said  committee  --  committee  discharged,  bill amended, ordered
    reprinted as amended and recommitted to said committee

  AN ACT to amend the education law, in relation to charter school tuition

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Paragraph  (a)  of  subdivision  1 of section 2856 of the
  education law, as amended by section 12 of part A of chapter 57  of  the
  laws of 2009, is amended to read as follows:

    (a)  The  enrollment  of  students  attending 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
  school  districts  of residence in a timely manner. Each school district
  shall report such enrollment, attendance  and  count  of  students  with
  disabilities  to  the department. The school district of residence shall
  pay directly to the charter school for  each  student  enrolled  in  the
  charter  school  who  resides  in the school district the charter school
  basic tuition, which shall be an 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  school  district
  for  the  year prior to the base year increased by the percentage change
  in the state total approved operating  expense  calculated  pursuant  to
  paragraph 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;
  provided, however, that for the  two  thousand  nine--two  thousand  ten
  school  year, the charter school basic tuition shall be the amount paya-
  ble by such district as charter school basic tuition for the  two  thou-
  sand eight--two thousand nine school year. FOR THE TWO THOUSAND TEN--TWO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06158-06-1

 S. 2007--B                          2

  THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION FOR A CITY
  SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF MORE THAN NINETY THOU-
  SAND INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS,  DETER-
  MINED  IN  ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE
  THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION  FOR
  THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.
    S  2.  Subparagraph (iii) of paragraph (a) of subdivision 1 of section
  2856 of the education law, as added by section 21 of part A  of  chapter
  58 of the laws of 2011, is amended to read as follows:

    (iii)  for the two thousand ten--two thousand eleven through two thou-
  sand twelve--two thousand thirteen  school  years,  the  charter  school
  basic  tuition  shall be the basic tuition computed for the two thousand
  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
  subparagraph (i) of this paragraph;
    (IV)  NOTWITHSTANDING  THE  FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
  CITY HAVING A POPULATION OF MORE THAN NINETY  THOUSAND  INHABITANTS  BUT
  LESS  THAN  ONE  HUNDRED  THOUSAND INHABITANTS, DETERMINED IN ACCORDANCE
  WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND  TEN--TWO
  THOUSAND  ELEVEN  SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE
  THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
  SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND TWO
  THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER  SCHOOL
  BASIC  TUITION  SHALL  BE  AN  AMOUNT  EQUAL TO THE CHARTER SCHOOL BASIC
  TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR HAD IT
  BEEN COMPUTED PURSUANT TO THE PROVISIONS OF  SUBPARAGRAPH  (I)  OF  THIS
  PARAGRAPH.
    S  3.  Subparagraph (iii) of paragraph (a) of subdivision 1 of section
  2856 of the education law, as amended by section 22 of part A of chapter
  58 of the laws of 2011, is amended to read as follows:

    (iii) for the two thousand ten--two thousand eleven through two  thou-
  sand  twelve--two  thousand  thirteen  school  years, the charter school
  basic tuition shall be the basic tuition computed for the  two  thousand
  ten--two  thousand  eleven  school  year  pursuant  to the provisions of
  subparagraph (i) of this paragraph;
    (IV) NOTWITHSTANDING THE FOREGOING, FOR A CITY SCHOOL  DISTRICT  IN  A
  CITY  HAVING  A  POPULATION OF MORE THAN NINETY THOUSAND INHABITANTS BUT
  LESS THAN ONE HUNDRED THOUSAND  INHABITANTS,  DETERMINED  IN  ACCORDANCE
  WITH  THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE TWO THOUSAND TEN--TWO
  THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION  SHALL  BE
  THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE
  SCHOOL YEAR AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND TWO
  THOUSAND  TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
  BASIC TUITION SHALL BE AN AMOUNT  EQUAL  TO  THE  CHARTER  SCHOOL  BASIC
  TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR HAD IT
  BEEN  COMPUTED  PURSUANT  TO  THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS
  PARAGRAPH.
    S 4. This act shall take effect immediately; provided that section one
  of this act shall be deemed to have been in full force and effect on and
  after July 1, 2010; provided that sections two and  three  of  this  act
  shall  take effect on the same date as sections 21 and 22, respectively,
  of part A of chapter 58 of the laws of 2011 take  effect;  and  provided
  further  that  the  amendments  to  subdivision 1 of section 2856 of the
  education law made by sections one and two of this act shall not  affect
  the  expiration  of  such  subdivision as provided in chapter 378 of the
  laws of 2007, as amended, when upon such date the provisions of  section
  three of this act shall take effect.