Provides that parent or person in parental relationship 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; provides exemption to such provisions in a city school district in a city of one million or more inhabitants.
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. Such provisions shall not apply to a parent or person in parental relation of a child residing in a city school district in a city of one million or more.
EXISTING LAW: The Education Law currently allows for similar school district notification by parents with regard to transportation of children attending nonpublic school.
JUSTIFICATION: As the popularity of charter schools grows it becomes increasingly important that public school districts be notified in a timely manner of a child's intended departure, 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 2009, there were 140 charter schools operating in New York State, with approximately 47,600 students enrolled. In May of 2010 the State Legislature moved to increase the maximum number of chatter schools in New York State to accommodate the demand for this type of educational alternative. With the average expenditure per student in New York State reaching $17,173 it is essential that school districts have up-to-date information in order to operate efficiently and to present an accurate budget to taxpayers.
2009-2010 Referred to Education (S.48) 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 IMPLICATION: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 592--A Cal. No. 450 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. FUSCHILLO, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 PERSON IN PARENTAL RELATION OF A CHILD RESIDING IN ANY SCHOOL DISTRICT 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 PRECED- ING 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 PERSON IN PARENTAL RELATION 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; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A PARENT OR PERSON IN PARENTAL RELATION OF A CHILD RESIDING IN A CITY SCHOOL DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00466-02-1