S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    708
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. HUNTER, MAGNARELLI -- 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.
                                                            LBD00431-01-3
              

 A. 708                              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.