S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6053
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Education
 
 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:

   Section  1.  Paragraph  (b)  of  subdivision  1 of section 2856 of the
 education law, as amended by section 4 of part YYY of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   (b)  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 from state or local funds
 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] EACH QUARTER, AT THE TIME  AND  IN  THE
 SAME  PROPORTION  THE  SCHOOL  DISTRICT  RECEIVES ITS STATE AID. 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 until actual enrollment data is reported to the school  district
 by  the  charter  school.  Such projections shall be reconciled with the
 actual enrollment as actual enrollment data is so reported  and  at  the
 end  of  the  school's  first year of operation and each subsequent year
 based on a final report of actual enrollment by the charter school,  and
 any necessary adjustments resulting from such final report shall be made
 to payments during the school's following year of operation.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04708-01-1

 A. 6053                             2
 
   §  2.  Paragraph (b) of subdivision 1 of section 2856 of the education
 law, as amended by section 4-a of part YYY of chapter 59 of the laws  of
 2017, is amended to read as follows:
   (b)  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 charter 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  there-
 after]  EACH  QUARTER, AT THE TIME AND IN THE SAME PROPORTION THE SCHOOL
 DISTRICT RECEIVES ITS STATE AID. 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.
   §  3.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a law, provided that the amend-
 ments to paragraph (b) of subdivision 1 of section 2856 of the education
 law made by section one of this act shall be subject to  the  expiration
 and  reversion  of such subdivision pursuant to subdivision d of section
 27 of chapter 378 of the laws of 2007, as amended, when upon  such  date
 the provisions of section two of this act shall take effect.