Bill S1157-2013

Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2013

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 9, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1157

TITLE OF BILL: An act to amend the education law, in relation to suspending the granting 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

SUMMARY OF PROVISIONS: Notwithstanding any other provision of this article to the contrary, on and after April 1, 2013 no application to establish a charter school shall be accepted or acted upon by a charter school granting entity. Provided, further, that a proposed charter school that has been granted a charter and has not commenced classes prior to August 31, 2013 shall have such charter revoked and no further action shall be taken by a charter granting entity on such application.

JUSTIFICATION: Due to a devastating fiscal crisis not seen since the Great Depression, New York state faces staggering budget gaps for the foreseeable future. Furthermore, local governments face the prospect of reduced state revenue sharing and local school districts face significantly reduced education aid, putting even greater pressure on beleaguered property taxpayers. Chapter 4 of the laws of 1998, which enacted the state's charter school law, created a funding scheme that requires the public school district of a student who enrolls in a charter school to pay the charter school 100% of the district's prior year average approved per pupil operating expense. School property taxes are by far the highest local tax burden for New York State residents and redirecting precious resources at a time of fiscal crisis will place additional burdens on local taxpayers. Moreover, charter schools have primarily been established in urban areas that face eroding tax bases and declining populations small city school districts are especially hit hard by the establishment of charter schools. Therefore it is in the best interest of students and taxpayers throughout New York State to suspend the charter school application. process. Furthermore, a proposed charter school shall have its charter revoked if it has not commenced classes prior to August 31, 2013.

LEGISLATIVE HISTORY: 2011-12: S.1192A Remained in Senate Committee on Education 2009-10: S.334/A.6447 Remained in Senate and Assembly Committees on Education 2007-08: S.798A Remained in the Senate Committee on Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect April 1, 2013 and shall expire April 1, 2015 when upon such date the provisions of this act shall be deemed to be repealed.


Text

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: Section 1. Legislative findings. Due to a devastating fiscal crisis not seen since the great depression, New York state faces staggering budget gaps for the foreseeable future. Furthermore, local governments face the prospect of reduced state revenue sharing and local school districts face flat or reduced education aid, putting even greater pres- sure on beleaguered property taxpayers. Chapter 4 of the laws of 1998, which enacted the state's charter school law, created a funding scheme that requires the public school district of a student who enrolls in a charter school to pay the charter school 100% of the district's prior year average approved per pupil operating expense. School property taxes are by far the highest local tax burden for New York state residents and redirecting precious resources at a time of fiscal crisis will place additional burdens on local taxpayers. Moreover, charter schools have primarily been estab- lished in urban areas that face eroding tax bases and declining popu- lations. Small city school districts are especially hard hit by the establishment of charter schools. The legislature therefore finds that it is in the best interest of students and taxpayers throughout New York state to suspend the charter school application process as of April 1, 2013. Furthermore, a proposed
charter school shall have its charter revoked if it has not commenced classes prior to August 31, 2013. S 2. Section 2851 of the education law is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, ON AND AFTER APRIL FIRST, TWO THOUSAND THIRTEEN, NO APPLICA- TION TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHARTER GRANTING ENTITY. PROVIDED, FURTHER, THAT A PROPOSED CHARTER SCHOOL THAT HAS BEEN GRANTED A CHARTER AND HAS NOT COMMENCED CLASSES PRIOR TO SEPTEMBER FIRST, TWO THOUSAND THIRTEEN SHALL HAVE SUCH CHARTER REVOKED AND NO FURTHER ACTION SHALL BE TAKEN BY A CHARTER GRANTING ENTI- TY ON SUCH APPLICATION. S 3. This act shall take effect April 1, 2013 and shall expire April 1, 2015 when upon such date the provisions of this act shall be deemed repealed.

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