S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9127
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to metered in funding for
   rental assistance for all New York city charter students
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (e)  of  subdivision  3 of section 2853 of the
 education law, as added by section 5 of part BB of  chapter  56  of  the
 laws  of  2014, subparagraphs 5 and 6 as amended by section 11 of part A
 of chapter 54 of the laws of 2016, and clause (B) of subparagraph  5  as
 amended  by  section 5 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   (e) In a city school district in a city having  a  population  of  one
 million  or  more  inhabitants,  charter  schools  that  [first commence
 instruction or that require additional space  due  to  an  expansion  of
 grade  level, pursuant to this article, approved by their charter entity
 for the two thousand fourteen--two thousand fifteen school year or ther-
 eafter and] request co-location in a public  school  building  shall  be
 provided  access to facilities pursuant to this paragraph for such char-
 ter schools that first commence instruction or that  require  additional
 space  due  to  an  expansion  of grade level, pursuant to this article,
 approved by their charter entity for those grades newly provided.
   (1) Notwithstanding any other provision of law to the contrary, within
 the later of (i) five months after a charter  school's  written  request
 for  co-location and (ii) thirty days after the charter school's charter
 is approved by its  charter  entity,  the  city  school  district  shall
 either: (A) offer at no cost to the charter school a co-location site in
 a  public school building approved by the board of education as provided
 by law, or (B) offer the charter school space in a  privately  owned  or
 other publicly owned facility at the expense of the city school district
 and  at  no  cost  to  the charter school. The space must be reasonable,
 appropriate and comparable and in the community school  district  to  be
 served by the charter school and otherwise in reasonable proximity.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14444-01-4
              

 A. 9127                             2
 
   (2) No later than thirty days after approval by the board of education
 or expiration of the offer period prescribed in subparagraph one of this
 paragraph,  the  charter  school  shall  either  accept  the city school
 district's offer or appeal in accordance with subparagraph three of this
 paragraph. If no appeal is taken, the city's offer or refusal to make an
 offer  shall  be final and non-reviewable. The charter school may appeal
 as early as issuance of an educational impact statement for the proposed
 co-location.
   (3) The charter school shall have the option  of  appealing  the  city
 school  district's  offer or failure to offer a co-location site through
 binding arbitration in accordance with subparagraph seven of this  para-
 graph, an expedited appeal to the commissioner pursuant to section three
 hundred  ten  of this chapter and the procedures prescribed in paragraph
 (a-5) of this subdivision, or a special proceeding pursuant  to  article
 seventy-eight  of  the civil practice law and rules. In any such appeal,
 the standard of review shall  be  the  standard  prescribed  in  section
 seventy-eight hundred three of the civil practice law and rules.
   (4)  If  the  appeal  results  in a determination in favor of the city
 school district, the city's offer shall be final and the charter  school
 may either accept such offer and move into the space offered by the city
 school  district  at  the  city  school district's expense, or locate in
 another site at the charter school's expense.
   (5) [For a new charter school whose  charter  is  granted  or  for  an
 existing charter school whose expansion of grade level, pursuant to this
 article,  is approved by their charter entity, if] IF the appeal results
 in a determination in favor of  the  charter  school,  the  city  school
 district  shall  pay  the  charter school an amount [attributable to the
 grade level expansion or the formation of the new charter  school]  that
 is equal to the lesser of:
   (A)  the  actual  rental  cost  of an alternative privately owned site
 selected by the charter school or
   (B) thirty percent of  the  product  of  the  charter  school's  basic
 tuition  for  the  current school year and [(i) for a new charter school
 that first commences instruction on or after July  first,  two  thousand
 fourteen,]  the charter school's current year enrollment[; or (ii) for a
 charter school which expands its grade level, pursuant to this  article,
 the  positive  difference  of  the  charter  school's  enrollment in the
 current school year minus the charter school's enrollment in the  school
 year prior to the first year of the expansion].
   (5-A)  FOR CHARTER SCHOOLS THAT WERE OPERATING SCHOOLS OR GRADE LEVELS
 PRIOR TO THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND
 ARE NOW ELIGIBLE FOR FUNDING  PURSUANT  TO  SUBPARAGRAPH  FIVE  OF  THIS
 SUBDIVISION,  FUNDING  WILL  BE  PROVIDED ON THE FOLLOWING SCHEDULE SUCH
 THAT THESE CHARTER SCHOOLS WILL BE  ELIGIBLE  TO  RECEIVE  FULL  FUNDING
 PURSUANT  TO  SUBPARAGRAPH  FIVE  OF  THIS PARAGRAPH IN THE TWO THOUSAND
 TWENTY-EIGHT--TWO THOUSAND TWENTY-NINE SCHOOL YEAR  AND  THEREAFTER.  IN
 THE  TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, THE
 CITY SCHOOL DISTRICT SHALL PAY THE CHARTER SCHOOL TWENTY PERCENT OF  THE
 AMOUNT  OWED TO THE SCHOOL UNDER SUBPARAGRAPH FIVE OF THIS PARAGRAPH. IN
 THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL  YEAR,  THE
 CITY  SCHOOL  DISTRICT SHALL PAY THE CHARTER SCHOOL FORTY PERCENT OF THE
 AMOUNT OWED TO THE SCHOOL UNDER SUBPARAGRAPH FIVE OF THIS PARAGRAPH.  IN
 THE  TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR, THE
 CITY SCHOOL DISTRICT SHALL PAY THE CHARTER SCHOOL SIXTY PERCENT  OF  THE
 AMOUNT  OWED TO THE SCHOOL UNDER SUBPARAGRAPH FIVE OF THIS PARAGRAPH. IN
 THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND  TWENTY-EIGHT  SCHOOL  YEAR,
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 THE  CITY SCHOOL DISTRICT SHALL PAY THE CHARTER SCHOOL EIGHTY PERCENT OF
 THE AMOUNT OWED TO THE SCHOOL UNDER SUBPARAGRAPH FIVE OF THIS PARAGRAPH.
 IN THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND TWENTY-NINE SCHOOL  YEAR,
 THE  CITY  SCHOOL  DISTRICT  SHALL  PAY  THE  CHARTER SCHOOL ONE HUNDRED
 PERCENT OF THE AMOUNT OWED TO THE SCHOOL UNDER SUBPARAGRAPH FIVE OF THIS
 PARAGRAPH.
   (6) An arbitration in an appeal pursuant to this  paragraph  shall  be
 conducted  by  a  single  arbitrator  selected  in  accordance with this
 subparagraph from a list of arbitrators from  the  American  arbitration
 association's  panel  of  labor  arbitrators, with relevant biographical
 information, submitted by such association to the commissioner  pursuant
 to  paragraph  a of subdivision three of section three thousand twenty-a
 of this chapter. Upon request by the charter  school,  the  commissioner
 shall  forthwith  send  a copy of such list and biographical information
 simultaneously to the charter  school  and  city  school  district.  The
 parties  shall,  by mutual agreement, select an arbitrator from the list
 within fifteen days from receipt of the list, and if the parties fail to
 agree on an arbitrator within such fifteen day  period  or  fail  within
 such  fifteen  day  period to notify the commissioner that an arbitrator
 has been selected, the commissioner shall appoint an arbitrator from the
 list to serve as the arbitrator. The arbitration shall be  conducted  in
 accordance  with  the American arbitration association's rules for labor
 arbitration, except that the  arbitrator  shall  conduct  a  pre-hearing
 conference within ten to fifteen days of agreeing to serve and the arbi-
 tration  shall  be  completed  and  a  decision rendered within the time
 frames prescribed for hearings pursuant to section three thousand  twen-
 ty-a  of  this  chapter.  The arbitrator's fee shall not exceed the rate
 established by the  commissioner  for  hearings  conducted  pursuant  to
 section  three  thousand  twenty-a of this chapter, and the cost of such
 fee, the arbitrator's necessary travel and  other  reasonable  expenses,
 and  all other hearing expenses shall be borne equally by the parties to
 the arbitration.
   § 2. This act shall take effect immediately.