NY State Assembly Bill 2011-A5884

Assembly Bill A5884

2011-2012 Legislative Session

Restores the tuition freeze for charter schools to the 2008-2009 school year level for certain cities

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Jun 18, 2011	print number 5884a
Jun 18, 2011	amend (t) and recommit to education
Mar 02, 2011	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2011-A5884 - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L

2011-A5884 - Summary

Restores the tuition freeze for charter schools to the 2008-2009 school year level for certain cities.

2011-A5884 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5884

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced by M. of A. PEOPLES-STOKES, McENENY -- read once and referred
  to the Committee on Education

AN ACT to amend the education law, in relation to charter school tuition
  in the cities of Buffalo and Albany

  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 LOCATED IN THE CITY OF BUFFALO OR IN THE CITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08895-02-1

A. 5884                             2

OF ALBANY 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 LOCATED IN THE  CITY  OF
BUFFALO  OR  IN  THE  CITY OF ALBANY 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.

co-Sponsors

2011-A5884A (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §2856, Ed L

2011-A5884A (ACTIVE) - Summary

Restores the tuition freeze for charter schools to the 2008-2009 school year level for certain cities.

2011-A5884A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5884--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced by M. of A. PEOPLES-STOKES, McENENY -- read once and referred
  to  the  Committee on Education -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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 TWO HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08895-03-1

A. 5884--A                          2

FIFTY THOUSAND INHABITANTS BUT LESS THAN THREE HUNDRED THOUSAND INHABIT-
ANTS, 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.
  S  2.  Subparagraph (iii) of paragraph (a) of subdivision 1 of section
2856 of the education law, as added by section 21 of part A  of  chapter
58 of the laws of 2011, is amended to read as follows:
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand twelve--two thousand thirteen  school  years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph;
  (IV)  NOTWITHSTANDING  THE  FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND  INHAB-
ITANTS  BUT  LESS THAN THREE HUNDRED THOUSAND INHABITANTS, DETERMINED IN
ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE  TWO  THOU-
SAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR, THE CHARTER SCHOOL BASIC
TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND  EIGHT-
-TWO  THOUSAND  NINE  SCHOOL  YEAR  AND FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE AND TWO THOUSAND TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEARS,  THE CHARTER SCHOOL BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE
CHARTER SCHOOL BASIC TUITION FOR  THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL  YEAR  HAD IT BEEN COMPUTED PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 3. Subparagraph (iii) of paragraph (a) of subdivision 1  of  section
2856 of the education law, as amended by section 22 of part A of chapter
58 of the laws of 2011, is amended to read as follows:
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand twelve--two thousand thirteen  school  years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph;
  (IV)  NOTWITHSTANDING  THE  FOREGOING, FOR A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND  INHAB-
ITANTS  BUT  LESS THAN THREE HUNDRED THOUSAND INHABITANTS, DETERMINED IN
ACCORDANCE WITH THE LATEST FEDERAL DECENNIAL CENSUS, FOR THE  TWO  THOU-
SAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR, THE CHARTER SCHOOL BASIC
TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND  EIGHT-
-TWO  THOUSAND  NINE  SCHOOL  YEAR  AND FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE AND TWO THOUSAND TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEARS,  THE CHARTER SCHOOL BASIC TUITION SHALL BE AN AMOUNT EQUAL TO THE
CHARTER SCHOOL BASIC TUITION FOR  THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL  YEAR  HAD IT BEEN COMPUTED PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 4. This act shall take effect immediately; provided that section one
of this act shall be deemed to have been in full force and effect on and
after July 1, 2010; provided that sections two and  three  of  this  act
shall  take effect on the same date as sections 21 and 22, respectively,
of part A of chapter 58 of the laws of 2011 take  effect;  and  provided
further  that  the  amendments  to  subdivision 1 of section 2856 of the
education law made by sections one and two 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
three of this act shall take effect.

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Assembly Bill A5884

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Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

John McEneny

2011-A5884 - Details

2011-A5884 - Summary

2011-A5884 - Bill Text download pdf

co-Sponsors

John McEneny

2011-A5884A (ACTIVE) - Details

2011-A5884A (ACTIVE) - Summary

2011-A5884A (ACTIVE) - Bill Text download pdf

Comments