S2007-2011 Actions

• Jun 15, 2012: PRINT NUMBER 2007C
• Jun 15, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Jun 14, 2011: PRINT NUMBER 2007B
• Jun 14, 2011: AMEND AND RECOMMIT TO EDUCATION
• Jun 10, 2011: PRINT NUMBER 2007A
• Jun 10, 2011: AMEND AND RECOMMIT TO EDUCATION
• Jan 14, 2011: REFERRED TO EDUCATION

S2007-2011 Memo

BILL NUMBER:S2007

TITLE OF BILL:

An act
to amend the education law, in relation to charter school tuition

PURPOSE:

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: Amend paragraph (a) of subdivision 1 of section 2856 of the
education law, as amended by section 12 of part A of chapter 57 of
the laws of to extend the effective date of the charter school
tuition freeze of the 2008-2009 school year to the 2010-2011 school
for the City School District of Albany.

Section 2: Amend subdivision 1 of section 2856 of the education law,
as separately amended by chapter 4 of the laws of 1998 and section 12
of part A of chapter 57 of the laws of 2009 to extend the effective
date of the charter school tuition freeze of the 2008-2009 school
year to the 2010-2011 school for the City School District of Albany.

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
district 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 for the 2010-2011 level to be payable to the amount of
the 2008-2009 school year.

PRIOR LEGISLATIVE HISTORY:

2009-2010 - S.8472  Remained in the Senate Committee on Rules

FISCAL IMPLICATIONS:

Approximately $4.5-$5 million.

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.

S2007-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2007
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 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.  Paragraph  (a)  of  subdivision  1 of section 2856 of the
 education law, as amended by section 12 of part A of chapter 57  of  the
 laws of 2009, is amended to read as follows:

 (a)  The  enrollment  of  students  attending charter schools shall be
 included in the enrollment, attendance, membership and,  if  applicable,
 count  of students with disabilities of the school district in which the
 pupil resides. The charter school shall report  all  such  data  to  the
 school  districts  of residence in a timely manner. Each school district
 shall report such enrollment, attendance  and  count  of  students  with
 disabilities  to  the department. The school district of residence shall
 pay directly to the charter school for  each  student  enrolled  in  the
 charter  school  who  resides  in the school district the charter school
 basic tuition, which shall be an amount equal to one hundred percent  of
 the  amount  calculated  pursuant  to  paragraph f of subdivision one of
 section thirty-six hundred two of this chapter for the  school  district
 for  the  year prior to the base year increased by the percentage change
 in the state total approved operating  expense  calculated  pursuant  to
 paragraph t of subdivision one of section thirty-six hundred two of this
 chapter  from  two  years  prior  to  the  base  year  to the base year;
 provided, however, that for the  two  thousand  nine--two  thousand  ten
 school  year, the charter school basic tuition shall be the amount paya
 ble by such district as charter school basic tuition for the  two  thou
 sand eight--two thousand nine school year. FOR THE TWO THOUSAND TEN--TWO
 THOUSAND ELEVEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION FOR A CITY
 SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF MORE THAN NINETY THOU
 SAND INHABITANTS BUT LESS THAN ONE HUNDRED THOUSAND INHABITANTS,  DETER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06158-02-1
 
       S. 2007                             2
 MINED  IN  ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE
 THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION  FOR
 THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR.
 

S 2. Subdivision 1 of section 2856 of the education law, as separately
 amended  by  chapter  4  of the laws of 1998 and section 12 of part A of
 chapter 57 of the laws of 2009, is amended to read as follows:

 1. The enrollment of  students  attending  charter  schools  shall  be
 included  in  the  enrollment,  attendance  and, if applicable, count of
 students with disabilities of the school district  in  which  the  pupil
 resides.  The  charter  school  shall report all such data to the school
 districts of residence in a timely manner. Each  school  district  shall
 report  such enrollment, attendance and count of students with disabili
 ties to the department. The  school  district  of  residence  shall  pay
 directly  to the charter school for each student enrolled in the charter
 school who resides in the school district an amount equal to one hundred
 percent of the amount calculated pursuant to paragraph f of  subdivision
 one  of  section [thirty six] THIRTY-SIX hundred two of this chapter for
 the school district for the year prior to the base year increased by the
 percentage change in the state total approved operating  expense  calcu
 lated  pursuant  to  FORMER  subdivision  eleven of section [thirty six]
 THIRTY-SIX hundred two of this chapter from two years prior to the  base
 year  to  the  base  year;  provided, however, that for the two thousand
 nine--two thousand ten school year, the  charter  school  basic  tuition
 shall  be  the  amount  payable by such district as charter school basic
 tuition for the two thousand eight--two thousand nine school year.   FOR
 THE  TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL YEAR, THE CHARTER
 SCHOOL BASIC TUITION FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU
 LATION OF MORE THAN  NINETY  THOUSAND  INHABITANTS  BUT  LESS  THAN  ONE
 HUNDRED  THOUSAND  INHABITANTS, DETERMINED IN ACCORDANCE WITH THE LATEST
 FEDERAL DECENNIAL CENSUS, SHALL BE THE AMOUNT PAYABLE BY  SUCH  DISTRICT
 AS CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND EIGHT--TWO THOUSAND
 NINE  SCHOOL  YEAR.  The  school district shall also pay directly to the
 charter school any federal or state aid attributable to a student with a
 disability attending charter  school  in  proportion  to  the  level  of
 services  for  such  student  with  a disability that the charter school
 provides  directly  or  indirectly.  Notwithstanding  anything  in  this
 section  to  the  contrary, amounts payable pursuant to this subdivision
 may be reduced pursuant to an agreement between the school and the char
 ter entity set forth in the charter.  Payments  made  pursuant  to  this
 subdivision  shall  be  made by the school district in six substantially
 equal installments each year beginning on the first business day of July
 and every two months thereafter. Amounts payable under this  subdivision
 shall  be  determined  by the commissioner. Amounts payable to a charter
 school in its first year of operation shall be based on the  projections
 of  initial-year  enrollment  set forth in the charter. Such projections
 shall be reconciled with  the  actual  enrollment  at  the  end  of  the
 school's first year of operation, and any necessary adjustments shall be
 made to payments during the school's second year of operation.
 

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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