Bill 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

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

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1160 2013-2014 Regular Sessions IN 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
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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