Bill S48-2009

Provides that parent or guardian shall give notice to school district wherein child resides of intent to send child to charter school

Provides that parent or guardian shall give notice to school district wherein child resides of intent to send child to charter school; such notice shall be sent prior to April first in the year that the child is to attend the charter school in September, or within thirty days of establishing residence in the school district.

Details

Actions

  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jan 7, 2009: REFERRED TO EDUCATION

Memo

 BILL NUMBER:  S48

TITLE OF BILL :

An act to amend the education law, in relation to notice to school districts regarding intent to attend a charter school

PURPOSE :

To provide notification to a school district when a parent or guardian intends to send a child to a charter school, in order for the school district to create an accurate budget.

SUMMARY OF PROVISIONS :

This bill would amend subdivision 2 of §2854 of the education law to provide that a parent or guardian shall give notice to school districts wherein child resides of intent to send child to charter school and also provide notice to nonpublic school if a child intends not to attend a nonpublic school.

EXISTING LAW :

The Education Law currently allows for similar school district notification by parents with regard to transportation of children attending nonpublic school.

JUSTIFICATION :

With the advent of charter schools it is imperative that the public school district be notified of a child's intended departure in a timely manner, giving sufficient time for the school to adjust its budget.

For example, in 2001 in a city school district in New York State, the school district gave approximately eight thousand dollars ($8000), out of its established budget, to the local charter school for each child who chose to go to the charter school. The school district created its 2001 budget believing that not all the classrooms would be filled in the then forthcoming charter school. Regrettably, when the charter school opened filled to capacity, the city school district had a revenue shortfall of nearly 1.2 million dollars. Had the parents or guardians of the children notified the school district of their upcoming charter school enrollment, this would have been avoided.

In April 2001, there were 23 charter schools operating in New York State, with approximately 6000 students enrolled. However, as of January 2002 that number nearly doubled, to 41 charter schools. The average expenditure per student in New York State is nine thousand.one hundred ninety-two dollars ($9192). When this figure is multiplied by the ever increasing number of students enrolled in charter schools, the financial loss to the public school becomes a greater burden on the public school. The popularity of this type of educational alternative is rapidly growing; therefore, it is important that this issue be addressed in a way that is fair and equitable to public schools and to taxpayers.

The National Education Association asserts that the American public has consistently supported educational funding. However, the school districts need to have up to date information in order to present an accurate budget for the public to vote on.

LEGISLATIVE HISTORY : 2007-2008 Advanced to Third reading (S.1549-a/A.2423-a). 2005-2006 Passed Senate (S.786/ A.4475). 2003-2004 Education Committee (S.4580/A.6438). 2002 Education Committee (S.6188/A.10609).

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 48 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- 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 notice to school districts regarding intent to attend a charter school THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 2854 of the education law is amended by adding a new paragraph (e) to read as follows: (E) A PARENT OR GUARDIAN OF A CHILD RESIDING IN ANY SCHOOL DISTRICT, OR ANY REPRESENTATIVE AUTHORIZED BY SUCH PARENT OR GUARDIAN, WHO DESIRES FOR A CHILD TO ATTEND A CHARTER SCHOOL SHALL SUBMIT A WRITTEN NOTICE THEREOF TO THE SCHOOL TRUSTEES OR BOARD OF EDUCATION OF SUCH DISTRICT NOT LATER THAN THE FIRST DAY OF APRIL PRECEDING THE NEXT SCHOOL YEAR, AND IN THE CASE WHERE SUCH PUPIL ATTENDS A NONPUBLIC SCHOOL, NOTICE SHALL ALSO BE PROVIDED TO SUCH NONPUBLIC SCHOOL, PROVIDED, HOWEVER, THAT A PARENT OR GUARDIAN OF A CHILD NOT RESIDING IN THE DISTRICT ON SUCH DATE SHALL SUBMIT A WRITTEN NOTICE WITHIN THIRTY DAYS AFTER ESTABLISHING RESIDENCE IN THE DISTRICT. S 2. This act shall take effect immediately.

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