S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6312
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES,  LUNSFORD  --  read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to the financing of char-
   ter schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (d)  of  subdivision  1 of section 2856 of the
 education law, as amended by section 30 of part A of chapter 56  of  the
 laws of 2024, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter, PROVIDED, HOWEVER, THAT FOR ANY  SCHOOL  DISTRICT  HAVING  A
 POPULATION  OF  LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
 CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND  TWENTY-FIVE--TWO
 THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER.  Provided, FURTHER, that
 for  expenses  incurred in the two thousand twenty--two thousand twenty-
 one school year, for a city school district in a  city  having  a  popu-
 lation of one million or more, the annual apportionment shall be reduced
 by  thirty-five  million dollars ($35,000,000) upon certification by the
 director of the budget of the availability of a grant in the same amount
 from the elementary and secondary school emergency relief funds provided
 through the American rescue plan act  of  2021  (P.L.  117-2).  Provided
 further that for expenses incurred in the two thousand twenty-three--two
 thousand  twenty-four  school year, for a city school district in a city
 having a population of one million or  more,  the  annual  apportionment
 shall  be  reduced  by  thirty-five  million  dollars ($35,000,000) upon
 certification by the director of the budget of  the  availability  of  a
 grant  in the same amount from the elementary and secondary school emer-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04497-01-5
              

 A. 6312                             2
 
 gency relief funds provided through the American rescue plan act of 2021
 (P.L. 117-2).
   §  2.  Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 31 of part A of chapter 56  of  the  laws  of
 2024, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter, PROVIDED, HOWEVER, THAT FOR ANY  SCHOOL  DISTRICT  HAVING  A
 POPULATION  OF  LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
 CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND  TWENTY-FIVE--TWO
 THOUSAND  TWENTY-SIX  SCHOOL  YEAR  AND  THEREAFTER.  Provided  that for
 expenses incurred in the two thousand  twenty--two  thousand  twenty-one
 school year, for a city school district in a city having a population of
 one  million or more, the annual apportionment shall be reduced by thir-
 ty-five million dollars ($35,000,000) upon certification by the director
 of the budget of the availability of a grant in the same amount from the
 elementary and secondary school emergency relief funds provided  through
 the American rescue plan act of 2021 (P.L. 117-2). Provided further that
 for  expenses  incurred  in  the two thousand twenty-three--two thousand
 twenty-four school year, for a city school district in a city  having  a
 population  of  one  million  or more, the annual apportionment shall be
 reduced by thirty-five million dollars ($35,000,000) upon  certification
 by the director of the budget of the availability of a grant in the same
 amount  from  the elementary and secondary school emergency relief funds
 provided through the American rescue plan act of 2021 (P.L. 117-2).
   § 3. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 42 to read as follows:
   42.  AID  FOR CHARTER SCHOOL TUITION PAYMENTS. (A) ANY SCHOOL DISTRICT
 THAT IS REQUIRED TO PAY TUITION TO CHARTER SCHOOLS PURSUANT  TO  SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER IN THE TWO THOUSAND TWEN-
 TY-FIVE--TWO  THOUSAND  TWENTY-SIX  SCHOOL  YEAR AND THEREAFTER SHALL BE
 ELIGIBLE FOR AN APPORTIONMENT UNDER THIS SUBDIVISION.
   (B) EACH SCHOOL YEAR, ANY SUCH ELIGIBLE SCHOOL DISTRICT  SHALL  SUBMIT
 THE  TOTAL  AMOUNT OF CHARTER SCHOOL TUITION PAID BY THE DISTRICT IN THE
 BASE YEAR ON A FORM PRESCRIBED BY THE COMMISSIONER.
   (C) THE APPORTIONMENT HEREIN FOR EACH SCHOOL DISTRICT SHALL EQUAL  THE
 POSITIVE  RESULT  OF  TOTAL  CHARTER  SCHOOL  BASIC  TUITION PAID IN THE
 CURRENT YEAR MINUS THE TOTAL CHARTER SCHOOL BASIC TUITION  PAID  IN  THE
 TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR.
   §  4. 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 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.