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.

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S1157-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S1157-2013 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.

S1157-2013 Text

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

                                    1157

                         2013-2014 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01722-01-3

 S. 1157                             2

  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.