Bill Text: NY S01192 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2012; provides that no further action shall be taken for charter schools where classes have not commenced prior to September 1, 2012.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S01192 Detail]

Download: New_York-2011-S01192-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1192--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    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:
    1    Section 1. Legislative findings. Due to a  devastating  fiscal  crisis
    2  not  seen  since  the  great depression, New York state faces staggering
    3  budget gaps for the foreseeable future.  Furthermore, local  governments
    4  face  the  prospect  of  reduced  state revenue sharing and local school
    5  districts face flat or reduced education aid, putting even greater pres-
    6  sure on beleaguered property taxpayers.
    7    Chapter 4 of the laws of  1998,  which  enacted  the  state's  charter
    8  school  law,  created  a  funding scheme that requires the public school
    9  district of a student who enrolls in a charter school to pay the charter
   10  school 100% of the district's prior  year  average  approved  per  pupil
   11  operating  expense.  School  property taxes are by far the highest local
   12  tax burden  for  New  York  state  residents  and  redirecting  precious
   13  resources  at  a  time of fiscal crisis will place additional burdens on
   14  local taxpayers.  Moreover, charter schools have primarily  been  estab-
   15  lished  in  urban  areas that face eroding tax bases and declining popu-
   16  lations. Small city school districts are  especially  hard  hit  by  the
   17  establishment of charter schools.
   18    The  legislature  therefore  finds  that it is in the best interest of
   19  students and taxpayers throughout New York state to suspend the  charter
   20  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
    1  charter  school  shall  have its charter revoked if it has not commenced
    2  classes prior to August 31, 2012.
    3    S  2.  Section  2851  of  the education law is amended by adding a new
    4  subdivision 1-a to read as follows:
    5    1-A. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  ARTICLE  TO  THE
    6  CONTRARY,  ON AND AFTER APRIL FIRST, TWO THOUSAND TWELVE, NO APPLICATION
    7  TO ESTABLISH A CHARTER SCHOOL SHALL BE ACCEPTED OR ACTED UPON BY A CHAR-
    8  TER GRANTING ENTITY. PROVIDED, FURTHER, THAT A PROPOSED  CHARTER  SCHOOL
    9  THAT  HAS  BEEN GRANTED A CHARTER AND HAS NOT COMMENCED CLASSES PRIOR TO
   10  SEPTEMBER FIRST, TWO THOUSAND TWELVE SHALL HAVE SUCH CHARTER REVOKED AND
   11  NO FURTHER ACTION SHALL BE TAKEN BY A CHARTER GRANTING  ENTITY  ON  SUCH
   12  APPLICATION.
   13    S  3.  This act shall take effect April 1, 2012 and shall expire April
   14  1, 2014 when upon such date the provisions of this act shall  be  deemed
   15  repealed.