S1192B-2011 Actions

• Feb 3, 2012: PRINT NUMBER 1192B
• Feb 3, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Dec 30, 2011: PRINT NUMBER 1192A
• Dec 30, 2011: AMEND (T) AND RECOMMIT TO EDUCATION
• Jan 5, 2011: REFERRED TO EDUCATION

S1192B-2011 Memo

BILL NUMBER:S1192

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, 2011; 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, 2009 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,
2009 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, 2011.

LEGISLATIVE HISTORY:
2009/2010: S.334/A.6447 Remained in the Senate and Assembly Committees
on Education
2007/2008: S.798A Remained in the Senate Committee on Education
2005/2006: S.1407A/A.2636A Remained in the Senate Education Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:.
This act shall take effect April 1, 2011 and shall expire April 1,
2013 when upon such date the provisions of this act shall be deemed
to be repealed.

S1192B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1192--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by Sens. BRESLIN, HASSELL-THOMPSON -- read twice and ordered
 printed, and when printed to be committed to the Committee  on  Educa
 tion  --  committee  discharged,  bill  amended,  ordered reprinted as
 amended and recommitted to said committee
 

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, 2012; 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, 2012.  Furthermore, a proposed
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05108-02-1
 
       S. 1192--A                          2
 charter  school  shall  have its charter revoked if it has not commenced
 classes prior to August 31, 2012.
 

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 TWELVE, NO APPLICATION
 TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHAR
 TER 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 TWELVE SHALL HAVE SUCH CHARTER REVOKED AND
 NO FURTHER ACTION SHALL BE TAKEN BY A CHARTER GRANTING  ENTITY  ON  SUCH
 APPLICATION.
 

S  3.  This act shall take effect April 1, 2012 and shall expire April
 1, 2014 when upon such date the provisions of this act shall  be  deemed
 repealed.

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