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

                                  1160

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.