S1160-2013 - NY Senate Open Legislation - Restores the tuition freeze for charter schools to the 2008-2009 school year level for the City School District of the city of Albany

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

Sponsor: BRESLIN Committee: EDUCATION
Law Section: Education Law
Law: Amd S2856, Ed L

S1160-2013 Actions

Jan 9, 2013: REFERRED TO EDUCATION

S1160-2013 Memo

BILL NUMBER:S1160                REVISED 1/8/13

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: 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 2: 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 3: Effective date.

JUSTIFICATION:   On July 7, 2010 Governor Paterson vetoed S.6607B, 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:   2011/2012 - S.2007C/A.4975C Remained in
the Senate  Committee  on  Education  and  referred  to  the  Assembly
Committee on Rules

FISCAL IMPLICATIONS: Neutral.

EFFECTIVE DATE:  This act shall take effect immediately; provided 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  of
such  subdivision  as  provided in chapter 378 of the laws of 2007, as
amended, when upon such date the provisions of section two of this act
shall take effect.

S1160-2013 Text


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

                                    1160

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education

  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.  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] TWO THOUSAND ELEVEN--TWO THOUSAND
  TWELVE 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)  FOR  THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
  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, PROVIDED, HOWEVER,
  THAT FOR A SCHOOL DISTRICT WITH PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR
  THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
  SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, IN
  EXCESS OF FIVE THOUSAND PUPILS, WHERE THE  QUOTIENT  OF  THE  BASE  YEAR
  RESIDENT  PUPILS  ENROLLED IN CHARTER SCHOOLS OTHER THAN CHARTER SCHOOLS
  CONVERTED FROM AN EXISTING PUBLIC SCHOOL AND FORMED BY A SCHOOL DISTRICT
  AS A CHARTER ENTITY PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF
  SECTION  TWENTY-EIGHT  HUNDRED FIFTY-ONE OF THIS ARTICLE, DIVIDED BY THE
  PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT
  TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  SECTION  THIR-
  TY-SIX  HUNDRED  TWO OF THIS CHAPTER IS TWENTY PERCENT OR MORE, BASED ON
  DATA ON FILE WITH THE COMMISSIONER AND  IN  THE  DATABASE  USED  BY  THE
  COMMISSIONER  TO  PRODUCE  AN  UPDATED  ELECTRONIC DATA FILE ON FEBRUARY

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01963-01-3

 S. 1160                             2

  FIFTEENTH, TWO THOUSAND TWELVE PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
  TWENTY-ONE  OF  SECTION  THREE HUNDRED FIVE OF THIS CHAPTER, THE CHARTER
  SCHOOL BASIC TUITION SHALL BE THE BASIC TUITION  COMPUTED  FOR  THE  TWO
  THOUSAND  NINE--TWO  THOUSAND TEN SCHOOL YEAR PURSUANT TO THE PROVISIONS
  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
    S 2. 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] TWO THOUSAND ELEVEN--TWO THOUSAND
  TWELVE 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)  FOR  THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
  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, PROVIDED, HOWEVER,
  THAT FOR A SCHOOL DISTRICT WITH PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR
  THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
  SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, IN
  EXCESS OF FIVE THOUSAND PUPILS, WHERE THE  QUOTIENT  OF  THE  BASE  YEAR
  RESIDENT  PUPILS  ENROLLED IN CHARTER SCHOOLS OTHER THAN CHARTER SCHOOLS
  CONVERTED FROM AN EXISTING PUBLIC SCHOOL AND FORMED BY A SCHOOL DISTRICT
  AS A CHARTER ENTITY PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF
  SECTION  TWENTY-EIGHT  HUNDRED FIFTY-ONE OF THIS ARTICLE, DIVIDED BY THE
  PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT
  TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  SECTION  THIR-
  TY-SIX  HUNDRED  TWO OF THIS CHAPTER IS TWENTY PERCENT OR MORE, BASED ON
  DATA ON FILE WITH THE COMMISSIONER AND  IN  THE  DATABASE  USED  BY  THE
  COMMISSIONER  TO  PRODUCE  AN  UPDATED  ELECTRONIC DATA FILE ON FEBRUARY
  FIFTEENTH, TWO THOUSAND TWELVE PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
  TWENTY-ONE  OF  SECTION  THREE HUNDRED FIVE OF THIS CHAPTER, THE CHARTER
  SCHOOL BASIC TUITION SHALL BE THE BASIC TUITION  COMPUTED  FOR  THE  TWO
  THOUSAND  NINE--TWO  THOUSAND TEN SCHOOL YEAR PURSUANT TO THE PROVISIONS
  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
    S 3. This act shall take effect immediately; provided that the  amend-
  ments  to  subdivision  1  of  section 2856 of the education law made by
  section one of this act shall not affect the expiration of such subdivi-
  sion as provided in chapter 378 of the laws of 2007,  as  amended,  when
  upon  such  date  the  provisions  of section two of this act shall take
  effect.

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S1160-2013: Restores the tuition freeze for charter schools to the 2008-2009 school year level for the City School District of the city of Albany

S1160-2013 Actions

S1160-2013 Memo

S1160-2013 Text

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