Bill Text: NY S01252 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to payments made by school districts to charter schools.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S01252 Detail]

Download: New_York-2023-S01252-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1252

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sens.  MAY,  KENNEDY,  MANNION -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion

        AN  ACT  to  amend  the  education  law, in relation to payments made by
          school districts to charter schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b)  of  subdivision  1 of section 2856 of the
     2  education law, as amended by section 4 of part YYY of chapter 59 of  the
     3  laws of 2017, is amended to read as follows:
     4    (b)  The school district shall also pay directly to the charter school
     5  any federal or state aid attributable to a  student  with  a  disability
     6  attending charter school in proportion to the level of services for such
     7  student  with  a disability that the charter school provides directly or
     8  indirectly. Notwithstanding anything in this section  to  the  contrary,
     9  amounts  payable  pursuant to this subdivision from state or local funds
    10  may be reduced pursuant to an agreement between the school and the char-
    11  ter entity set forth in the charter.  Payments  made  pursuant  to  this
    12  subdivision  shall  be made by the school district [in six substantially
    13  equal installments each year beginning on the first business day of July
    14  and every two months thereafter] each quarter, at the time  and  in  the
    15  same  proportion  the  school  district  receives its state aid. Amounts
    16  payable under this subdivision shall be determined by the  commissioner.
    17  Amounts payable to a charter school in its first year of operation shall
    18  be  based on the projections of initial-year enrollment set forth in the
    19  charter until actual enrollment data is reported to the school  district
    20  by  the  charter  school.  Such projections shall be reconciled with the
    21  actual enrollment as actual enrollment data is so reported  and  at  the
    22  end  of  the  school's  first year of operation and each subsequent year
    23  based on a final report of actual enrollment by the charter school,  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00431-01-3
        S. 1252                             2

     1  any necessary adjustments resulting from such final report shall be made
     2  to payments during the school's following year of operation.
     3    §  2.  Paragraph (b) of subdivision 1 of section 2856 of the education
     4  law, as amended by section 4-a of part YYY of chapter 59 of the laws  of
     5  2017, is amended to read as follows:
     6    (b)  The school district shall also pay directly to the charter school
     7  any federal or state aid attributable to a  student  with  a  disability
     8  attending charter school in proportion to the level of services for such
     9  student  with  a disability that the charter school provides directly or
    10  indirectly. Notwithstanding anything in this section  to  the  contrary,
    11  amounts  payable pursuant to this subdivision may be reduced pursuant to
    12  an agreement between the school and the charter entity set forth in  the
    13  charter. Payments made pursuant to this subdivision shall be made by the
    14  school  district  [in  six  substantially  equal  installments each year
    15  beginning on the first business day of July and every two months  there-
    16  after]  each  quarter, at the time and in the same proportion the school
    17  district receives its state aid. Amounts payable under this  subdivision
    18  shall  be  determined  by the commissioner. Amounts payable to a charter
    19  school in its first year of operation shall be based on the  projections
    20  of  initial-year  enrollment  set forth in the charter. Such projections
    21  shall be reconciled with  the  actual  enrollment  at  the  end  of  the
    22  school's first year of operation, and any necessary adjustments shall be
    23  made to payments during the school's second year of operation.
    24    §  3.  This act shall take effect on the first of July next succeeding
    25  the date upon which it shall have become a law, provided that the amend-
    26  ments to paragraph (b) of subdivision 1 of section 2856 of the education
    27  law made by section one of this act shall be subject to  the  expiration
    28  and  reversion  of such subdivision pursuant to subdivision d of section
    29  27 of chapter 378 of the laws of 2007, as amended, when upon  such  date
    30  the provisions of section two of this act shall take effect.