Bill Text: NY A01946 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to charter schools; provides for local approval of charter schools, annual charter school budget votes and annual reporting to local boards of education; provides for collective bargaining for certain charter school employees; relates to financing of such schools; further relates to including information concerning charter school payments on real property tax statements; establishes the charter schools transition fund and the distressed school district grant fund; makes related provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to education [A01946 Detail]
Download: New_York-2013-A01946-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1946
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. ZEBROW-
SKI -- read once and referred to the Committee on Education
AN ACT to amend the education law, the state finance law and the real
property tax law, in relation to charter schools; and to repeal para-
graph (b-1) of subdivision 3 of section 2854 of the education law,
relating to collective bargaining
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (c) and (d) of subdivision 2 of section 2852 of
2 the education law, paragraph (c) as amended and paragraph (d) as added
3 by section 2 of part D-2 of chapter 57 of the laws of 2007, are amended
4 and three new paragraphs (e), (f) and (g) are added to read as follows:
5 (c) granting the application is likely to improve student learning and
6 achievement and materially further the purposes set out in subdivision
7 two of section twenty-eight hundred fifty of this article; [and]
8 (d) in a school district where the total enrollment of resident
9 students attending charter schools in the base year is greater than five
10 percent of the total public school enrollment of the school district in
11 the base year (i) granting the application would have a significant
12 educational benefit to the students expected to attend the proposed
13 charter school or (ii) the school district in which the charter school
14 will be located consents to such application[.];
15 (E) THE APPLICANT HAS PRESENTED AN ECONOMIC IMPACT STUDY FOR THE
16 SCHOOL DISTRICT AFFECTED;
17 (F) THE APPLICANT HAS PRESENTED A FINANCIAL IMPACT STATEMENT ON HOW
18 THE LOCAL SCHOOL DISTRICT WILL BE IMPACTED; AND
19 (G) THE APPLICANT HAS CONDUCTED NO LESS THAN THREE PUBLIC HEARINGS
20 PRIOR TO APPROVAL.
21 S 2. The education law is amended by adding a new section 2852-a to
22 read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05680-01-3
A. 1946 2
1 S 2852-A. PROCEDURES FOR LOCAL APPROVAL OF CHARTER SCHOOLS IN CERTAIN
2 SCHOOL DISTRICTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO
3 THE CONTRARY, PRIOR TO THE ESTABLISHMENT OF A CHARTER SCHOOL PROPOSED IN
4 A SCHOOL DISTRICT THAT IS SUBJECT TO SECTION NINETEEN HUNDRED SIX, TWO
5 THOUSAND TWENTY-TWO OR TWENTY-SIX HUNDRED ONE-A OF THIS TITLE, A CHARTER
6 ENTITY SHALL SUBMIT TO THE BOARD OF EDUCATION OF SUCH DISTRICT AN
7 APPROVED CHARTER APPLICATION. SUCH CHARTER APPLICATION SHALL BE PLACED
8 BEFORE THE VOTERS OF THE SCHOOL DISTRICT, FOR THEIR APPROVAL OR DISAP-
9 PROVAL, PURSUANT TO THE PROVISIONS OF SECTION NINETEEN HUNDRED SIX, TWO
10 THOUSAND TWENTY-TWO OR TWENTY-SIX HUNDRED ONE-A OF THIS TITLE. SUCH
11 CHARTER APPLICATION, IF PROPOSED FOR THE FOLLOWING SCHOOL YEAR, SHALL
12 INCLUDE A PROPOSED CHARTER SCHOOL BUDGET, AS DEFINED IN SECTION TWENTY-
13 EIGHT HUNDRED FIFTY-TWO-B OF THIS ARTICLE. IF SUCH CHARTER SCHOOL APPLI-
14 CATION IS NOT APPROVED BY A MAJORITY OF THE VOTERS IN A SCHOOL DISTRICT,
15 THAT CHARTER APPLICATION SHALL BE DEEMED DISAPPROVED AND SHALL BE
16 RETURNED TO THE CHARTER ENTITY THAT APPROVED SUCH APPLICATION; IF SUCH
17 CHARTER ENTITY APPROVES THE APPLICATION FOR A SECOND TIME, SUCH APPLICA-
18 TION SHALL NOT BE RESUBMITTED TO THE VOTERS UNTIL THE FOLLOWING SCHOOL
19 YEAR. IF SUCH CHARTER APPLICATION IS APPROVED BY THE SCHOOL DISTRICT
20 VOTERS AND IS ESTABLISHED BY THE APPLICANT, THE CHARTER SCHOOL SHALL BE
21 SUBJECT TO ANNUAL SCHOOL BUDGET VOTES AS DEFINED IN SECTION TWENTY-EIGHT
22 HUNDRED FIFTY-TWO-B OF THIS ARTICLE.
23 S 3. The education law is amended by adding a new section 2852-b to
24 read as follows:
25 S 2852-B. PROCEDURES FOR ADOPTION OF CHARTER SCHOOL BUDGETS IN CERTAIN
26 SCHOOL DISTRICTS. 1. A CHARTER SCHOOL THAT IS LOCATED IN A SCHOOL
27 DISTRICT SUBJECT TO SECTION NINETEEN HUNDRED SIX, TWO THOUSAND
28 TWENTY-TWO OR TWENTY-SIX HUNDRED ONE-A OF THIS TITLE, SHALL PROVIDE FOR
29 THE SUBMISSION OF A BUDGET FOR APPROVAL OF THE VOTERS PURSUANT TO THE
30 PROVISIONS OF THIS SECTION.
31 2. THE BOARD OF EDUCATION SHALL CONDUCT ALL ANNUAL AND SPECIAL SCHOOL
32 DISTRICT MEETINGS FOR THE PURPOSE OF ADOPTING A CHARTER SCHOOL BUDGET IN
33 THE SAME MANNER AS A UNION FREE SCHOOL DISTRICT IN ACCORDANCE WITH THE
34 PROVISIONS OF ARTICLE FORTY-ONE OF THIS TITLE, EXCEPT AS OTHERWISE
35 PROVIDED BY THIS SECTION. THE ANNUAL MEETING AND ELECTION OF EACH SUCH
36 SCHOOL DISTRICT FOR THE PURPOSE OF ADOPTING A CHARTER SCHOOL BUDGET
37 SHALL BE HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEV-
38 ER, THAT SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND
39 TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL
40 BOARD CERTIFIES NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD
41 CONFLICT WITH RELIGIOUS OBSERVANCES. THE PROVISIONS OF THIS ARTICLE, AND
42 WHERE APPLICABLE SUBDIVISIONS NINE AND NINE-A OF SECTION TWENTY-FIVE
43 HUNDRED TWO OF THIS TITLE, GOVERNING THE QUALIFICATION AND REGISTRATION
44 OF VOTERS, AND PROCEDURES FOR THE NOMINATION AND ELECTION OF MEMBERS OF
45 THE BOARD OF EDUCATION SHALL CONTINUE TO APPLY, AND SHALL GOVERN THE
46 QUALIFICATION AND REGISTRATION OF VOTERS AND VOTING PROCEDURES WITH
47 RESPECT TO THE ADOPTION OF A CHARTER SCHOOL BUDGET.
48 3. THE CHARTER SCHOOL SHALL PREPARE A PROPOSED CHARTER SCHOOL BUDGET
49 FOR THE ENSUING YEAR IN ACCORDANCE WITH THE PROVISIONS OF SECTION SEVEN-
50 TEEN HUNDRED SIXTEEN OF THIS TITLE, INCLUDING ALL PROVISIONS RELATING TO
51 REQUIRED NOTICES AND APPENDICES TO THE STATEMENT OF EXPENDITURES. NO
52 CHARTER SCHOOL SHALL INCUR A LIABILITY EXCEPT AS AUTHORIZED BY THE
53 PROVISIONS OF SECTION SEVENTEEN HUNDRED EIGHTEEN OF THIS TITLE. SUCH
54 PROPOSED BUDGET SHALL BE PRESENTED IN THREE COMPONENTS: A PROGRAM COMPO-
55 NENT, A CAPITAL COMPONENT AND AN ADMINISTRATIVE COMPONENT WHICH SHALL BE
56 SEPARATELY DELINEATED IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER
A. 1946 3
1 AFTER CONSULTATION WITH LOCAL SCHOOL DISTRICT OFFICIALS. THE ADMINIS-
2 TRATIVE COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, OFFICE AND
3 ADMINISTRATIVE EXPENSES, TRAVELING EXPENSES AND SALARIES AND BENEFITS OF
4 ALL CHARTER SCHOOL ADMINISTRATORS AND SUPERVISORS WHO SPEND A MAJORITY
5 OF THEIR TIME PERFORMING ADMINISTRATIVE OR SUPERVISORY DUTIES, ANY AND
6 ALL EXPENDITURES ASSOCIATED WITH THE OPERATION OF THE CHARTER SCHOOL
7 INCLUDING THE COSTS RELATED TO GENERAL ADMINISTRATION, THE SCHOOL BUSI-
8 NESS OFFICE, CONSULTING COSTS NOT DIRECTLY RELATED TO DIRECT STUDENT
9 SERVICES AND PROGRAMS, PLANNING AND ALL OTHER ADMINISTRATIVE ACTIVITIES;
10 AND SHALL INCLUDE AN ACCOUNTING OF THE NET REVENUES OR PROFITS THAT HAVE
11 BEEN REALIZED BY THE CHARTER SCHOOL, OR ITS PARENT CORPORATION, DURING
12 ITS OPERATION IN THE DISTRICT. THE PROGRAM COMPONENT SHALL INCLUDE, BUT
13 NEED NOT BE LIMITED TO, ALL PROGRAM EXPENDITURES OF THE CHARTER SCHOOL,
14 INCLUDING THE SALARIES AND BENEFITS OF TEACHERS AND ANY SCHOOL ADMINIS-
15 TRATORS OR SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME PERFORMING
16 TEACHING DUTIES, AND ALL TRANSPORTATION AND OPERATING EXPENSES. THE
17 CAPITAL COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL TRANS-
18 PORTATION CAPITAL, DEBT SERVICE, AND LEASE EXPENDITURES; COSTS RESULTING
19 FROM JUDGMENTS IN TAX CERTIORARI PROCEEDINGS OR THE PAYMENT OF AWARDS
20 FROM COURT JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED OR COMPROMISED
21 CLAIMS.
22 4. IN THE EVENT THE QUALIFIED VOTERS OF THE DISTRICT REJECT THE BUDGET
23 PROPOSED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE CHARTER
24 SCHOOL MAY PROPOSE TO THE VOTERS A REVISED BUDGET OR MAY ADOPT A CONTIN-
25 GENCY BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS SECTION AND SUBDIVI-
26 SION FIVE OF SECTION TWO THOUSAND TWENTY-TWO OF THIS TITLE. THE CHARTER
27 SCHOOL BUDGET FOR ANY SCHOOL YEAR, OR ANY PART OF SUCH BUDGET OR ANY
28 PROPOSITIONS INVOLVING THE EXPENDITURE OF MONEY FOR SUCH SCHOOL YEAR
29 SHALL NOT BE SUBMITTED FOR A VOTE OF THE QUALIFIED VOTERS MORE THAN
30 TWICE. IN THE EVENT THE QUALIFIED VOTERS REJECT THE RESUBMITTED BUDGET,
31 THE BOARD SHALL ADOPT A CONTINGENCY BUDGET IN ACCORDANCE WITH SUBDIVI-
32 SION FIVE OF THIS SECTION AND SUBDIVISION FIVE OF SECTION TWO THOUSAND
33 TWENTY-TWO OF THIS TITLE.
34 5. IF THE QUALIFIED VOTERS FAIL OR REFUSE TO VOTE THE SUM ESTIMATED TO
35 BE NECESSARY FOR TEACHERS' SALARIES AND OTHER ORDINARY CONTINGENT
36 EXPENSES, THE CHARTER SCHOOL SHALL ADOPT A CONTINGENCY BUDGET IN ACCORD-
37 ANCE WITH THIS SUBDIVISION. SUCH CONTINGENCY BUDGET SHALL INCLUDE THE
38 SUM DETERMINED BY THE BOARD TO BE NECESSARY FOR:
39 (A) TEACHERS' SALARIES;
40 (B) ITEMS OF EXPENSE NECESSARY TO MAINTAIN THE CHARTER SCHOOL'S EDUCA-
41 TIONAL PROGRAMS, PRESERVE THE PROPERTY OF THE DISTRICT OR PROTECT THE
42 HEALTH AND SAFETY OF STUDENTS AND STAFF, INCLUDING, BUT NOT LIMITED TO,
43 SUPPORT SERVICES, PUPIL PERSONNEL SERVICES, THE NECESSARY SALARIES FOR
44 THE NECESSARY NUMBER OF NON-TEACHING EMPLOYEES, NECESSARY LEGAL
45 EXPENSES, WATER AND UTILITY CHARGES, INSTRUCTIONAL SUPPLIES FOR TEACH-
46 ERS' USE, EMERGENCY REPAIRS, TEMPORARY RENTAL OF ESSENTIAL CLASSROOM
47 FACILITIES, AND EXPENDITURES NECESSARY TO ADVISE SCHOOL DISTRICT VOTERS
48 CONCERNING SCHOOL MATTERS;
49 (C) EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD TRIPS AND OTHER
50 EXTRACURRICULAR ACTIVITIES; AND
51 (D) ANY OTHER ITEM OF EXPENSE DETERMINED BY THE COMMISSIONER TO BE AN
52 ORDINARY CONTINGENT EXPENSE IN ANY SCHOOL DISTRICT.
53 6. THE COMMISSIONER SHALL DETERMINE APPEALS RAISING QUESTIONS AS TO
54 WHAT ITEMS OF EXPENDITURE OR ORDINARY CONTINGENT EXPENSES PURSUANT TO
55 SUBDIVISION FIVE OF THIS SECTION IN ACCORDANCE WITH SECTIONS TWO THOU-
56 SAND TWENTY-FOUR AND THREE HUNDRED TEN OF THIS CHAPTER.
A. 1946 4
1 S 4. Paragraph (a) of subdivision 2 and paragraph (b) of subdivision 3
2 of section 2854 of the education law, paragraph (a) of subdivision 2 as
3 amended by chapter 101 of the laws of 2010 and paragraph (b) of subdivi-
4 sion 3 as added by chapter 4 of the laws of 1998, are amended to read as
5 follows:
6 (a) A charter school shall be nonsectarian in its programs, admission
7 policies, employment practices, and all other operations and shall not
8 charge tuition or fees; provided that a charter school may require the
9 payment of fees on the same basis and to the same extent as other public
10 schools. A charter school shall not discriminate against any student,
11 employee or any other person on the basis of ethnicity, national origin,
12 gender, or disability or any other ground that would be unlawful if done
13 by a school. Admission of students shall not be limited on the basis of
14 intellectual ability, measures of achievement or aptitude, athletic
15 ability, disability, race, creed, gender, national origin, religion, or
16 ancestry; provided, however, that nothing in this article shall be
17 construed to prevent the establishment of a single-sex charter school or
18 a charter school designed to provide expanded learning opportunities for
19 students at-risk of academic failure or students with disabilities and
20 English language learners; and provided, further, that the charter
21 school shall demonstrate good faith efforts to attract and retain a
22 comparable or greater enrollment of students with disabilities, English
23 language learners, and students who are eligible applicants for the free
24 and reduced price lunch program when compared to the enrollment figures
25 for such students in the school district in which the charter school is
26 located. A charter shall not be issued to any school that would be whol-
27 ly or in part under the control or direction of any religious denomi-
28 nation, or in which any denominational tenet or doctrine would be
29 taught; PROVIDED FURTHER, HOWEVER, THAT IN NO CASE SHALL THE ENROLLMENT
30 IN CHARTER SCHOOLS EXCEED MORE THAN FIVE PERCENT OF THE TOTAL PUBLIC
31 SCHOOL ENROLLMENT OF SUCH SCHOOL DISTRICT UNLESS THE CHARTERS FOR SUCH
32 CHARTER SCHOOLS ARE APPROVED BY THE BOARD OF EDUCATION OF SUCH SCHOOL
33 DISTRICT.
34 (b) The school employees of a charter school [that has been converted
35 from an existing public school] who are eligible for representation
36 under article fourteen of the civil service law shall be deemed to be
37 included within the negotiating unit containing like titles or posi-
38 tions, if any, for the school district in which such charter school is
39 located and shall be subject to the collective bargaining agreement
40 covering that school district negotiating unit; provided, however, that
41 a majority of the members of a negotiating unit within a charter school
42 may modify, in writing, a collective bargaining agreement for the
43 purposes of employment in the charter school with the approval of the
44 board of trustees of the charter school.
45 S 5. Paragraph (b-1) of subdivision 3 of section 2854 of the education
46 law is REPEALED.
47 S 6. Section 2856 of the education law, as added by chapter 4 of the
48 laws of 1998, subdivision 1 as amended by chapter 378 of the laws of
49 2007 and paragraph (a) of subdivision 1 as amended by section 12 of part
50 A of chapter 57 of the laws of 2009, is amended to read as follows:
51 S 2856. Financing of charter schools. 1. (a) The enrollment of
52 students attending charter schools shall NOT be included in the enroll-
53 ment, attendance, membership and, if applicable, count of students with
54 disabilities of the school district in which the pupil resides. The
55 charter school shall report all such data to the [school districts of
56 residence] DEPARTMENT in a timely manner. [Each school district shall
A. 1946 5
1 report such enrollment, attendance and count of students with disabili-
2 ties to the department.] The [school district of residence] DEPARTMENT
3 shall pay directly to the charter school for each student enrolled in
4 the charter school [who resides in the school district the charter
5 school basic tuition, which shall be an amount equal to one hundred] FOR
6 GRADES KINDERGARTEN THROUGH FOUR, AN AMOUNT EQUAL TO EIGHTY-FIVE
7 PERCENT, FOR GRADES FIVE THROUGH EIGHT, AN AMOUNT EQUAL TO NINETY-FIVE
8 PERCENT AND FOR GRADES NINE THROUGH TWELVE AN AMOUNT EQUAL TO ONE
9 HUNDRED FIVE percent of the amount calculated pursuant to paragraph f of
10 subdivision one of section thirty-six hundred two of this chapter for
11 the STUDENT'S school district for the year prior to the base year
12 increased by the percentage change in the state total approved operating
13 expense calculated pursuant to paragraph t of subdivision one of section
14 thirty-six hundred two of this chapter from two years prior to the base
15 year to the base year; provided, however, that for the two thousand
16 nine--two thousand ten school year, the charter school basic tuition
17 shall be the amount payable by such district as charter school basic
18 tuition for the two thousand eight--two thousand nine school year.
19 (b) PROVIDED, HOWEVER, THAT DURING THE FIRST THREE YEARS OF OPERATION
20 OF A CHARTER SCHOOL, THE AMOUNT PAID BY THE SCHOOL DISTRICT OF RESIDENCE
21 DIRECTLY TO THE CHARTER SCHOOL FOR PUPILS WHO ATTENDED PUBLIC SCHOOL IN
22 THE SCHOOL DISTRICT OF RESIDENCE IN THE YEAR PRIOR TO ENROLLING IN THE
23 CHARTER SCHOOL SHALL BE REDUCED BY THE AMOUNT PROVIDED PURSUANT TO THE
24 PROVISIONS OF SUBDIVISION ONE-A OF THIS SECTION.
25 (C) The [school district] DEPARTMENT shall also pay directly to the
26 charter school any federal or state aid attributable to a student with a
27 disability attending THE charter school in proportion to the level of
28 services for such student with a disability that the charter school
29 provides directly or indirectly. Notwithstanding anything in this
30 section to the contrary, amounts payable pursuant to this subdivision
31 from state or local funds may be reduced pursuant to an agreement
32 between the DEPARTMENT, THE CHARTER school and the charter entity set
33 forth in the charter. Payments made pursuant to this subdivision shall
34 be made by the [school district] DEPARTMENT in six substantially equal
35 installments each year beginning on the first business day of July and
36 every two months thereafter. Amounts payable under this subdivision
37 shall be determined by the commissioner. Amounts payable to a charter
38 school in its first year of operation shall be based on the projections
39 of initial-year enrollment set forth in the charter until actual enroll-
40 ment data is reported to the school district by the charter school. Such
41 projections shall be reconciled with the actual enrollment as actual
42 enrollment data is so reported and at the end of the school's first year
43 of operation and each subsequent year based on a final report of actual
44 enrollment by the charter school, and any necessary adjustments result-
45 ing from such final report shall be made to payments during the school's
46 following year of operation.
47 [(c)] (D) Notwithstanding any other provision of this subdivision to
48 the contrary, payment of the federal aid attributable to a student with
49 a disability attending a charter school shall be made in accordance with
50 the requirements of section 8065-a of title twenty of the United States
51 code and sections 76.785-76.799 and 300.209 of title thirty-four of the
52 code of federal regulations.
53 1-A. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
54 SECTION, FOR THE FIRST THREE YEARS OF OPERATION OF A CHARTER SCHOOL,
55 EACH PUPIL SO RECEIVED INTO ANY OF SUCH CHARTER SCHOOLS WHO ATTENDED
56 PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN THE PRIOR SCHOOL
A. 1946 6
1 YEAR SHALL BE PROVIDED WITH AN AMOUNT EQUAL TO THAT CALCULATED PURSUANT
2 TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION; AND THE DIREC-
3 TORS OF THE CHARTER SCHOOL SHALL RECEIVE AN ALLOCATION FOR EACH PUPIL SO
4 PROVIDED FOR, TO BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE,
5 OUT OF THE CHARTER SCHOOLS STIMULUS FUND, AS ESTABLISHED IN SECTION
6 NINETY-SEVEN-SSS OF THE STATE FINANCE LAW, ON THE WARRANT OF THE COMP-
7 TROLLER, TO THE TREASURER OF SUCH CHARTER SCHOOL; PROVIDED, HOWEVER,
8 THAT ONE-SIXTH OF SUCH PAYMENT SHALL BE MADE BEGINNING ON THE FIRST
9 BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER.
10 (B) (I) DURING THE FIRST YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
11 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
12 TO EACH CHARTER SCHOOL FROM THE CHARTER SCHOOLS STIMULUS FUND AN AMOUNT
13 EQUAL TO FIFTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
14 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR EACH PUPIL ENROLLED
15 WHO ATTENDED PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN THE
16 PRIOR SCHOOL YEAR;
17 (II) DURING THE SECOND YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
18 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
19 TO EACH CHARTER SCHOOL FROM THE CHARTER SCHOOLS STIMULUS FUND AN AMOUNT
20 EQUAL TO THIRTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
21 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR EACH PUPIL ENROLLED
22 WHO ATTENDED PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN THE
23 PRIOR SCHOOL YEAR;
24 (III) DURING THE THIRD YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
25 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
26 TO EACH CHARTER SCHOOL FROM THE CHARTER SCHOOLS STIMULUS FUND AN AMOUNT
27 EQUAL TO TEN PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE PROVISIONS
28 OF SUBDIVISION ONE OF THIS SECTION FOR EACH PUPIL ENROLLED WHO ATTENDED
29 PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN THE PRIOR SCHOOL
30 YEAR.
31 1-B. (A) PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE SCHOOL
32 DISTRICT SHALL RECEIVE AN ALLOCATION FOR EACH RESIDENT PUPIL ATTENDING A
33 CHARTER SCHOOL TO BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE,
34 OUT OF THE CHARTER SCHOOLS TRANSITION FUND, AS ESTABLISHED IN SECTION
35 NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, ON THE AUDIT AND WARRANT OF
36 THE COMPTROLLER; PROVIDED, HOWEVER, THAT ONE-SIXTH OF SUCH ALLOCATION
37 SHALL BE MADE BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO
38 MONTHS THEREAFTER.
39 (B) (I) DURING THE FIRST YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
40 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
41 TO THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS TRANSITION
42 FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
43 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
44 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR EACH RESIDENT PUPIL
45 ENROLLED IN A CHARTER SCHOOL WHO WAS ENROLLED IN THE PUBLIC SCHOOL
46 DISTRICT OF RESIDENCE IN THE YEAR PRIOR TO ENROLLING IN A CHARTER
47 SCHOOL;
48 (II) DURING THE SECOND YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
49 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
50 TO THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS TRANSITION
51 FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
52 AMOUNT EQUAL TO THIRTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
53 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR EACH RESIDENT PUPIL
54 ENROLLED IN A CHARTER SCHOOL WHO WAS ENROLLED IN THE PUBLIC SCHOOL
55 DISTRICT OF RESIDENCE IN THE YEAR PRIOR TO ENROLLING IN A CHARTER
56 SCHOOL;
A. 1946 7
1 (III) DURING THE THIRD YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
2 LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
3 TO THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS TRANSITION
4 FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
5 AMOUNT EQUAL TO TEN PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
6 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR EACH RESIDENT PUPIL
7 ENROLLED IN A CHARTER SCHOOL WHO WAS ENROLLED IN THE PUBLIC SCHOOL
8 DISTRICT OF RESIDENCE IN THE YEAR PRIOR TO ENROLLING IN A CHARTER
9 SCHOOL;
10 (IV) THE COMMISSIONER OF TAXATION AND FINANCE SHALL ALSO APPORTION
11 FUNDS FROM THE CHARTER SCHOOLS TRANSITION FUND TO THE SCHOOL DISTRICT OF
12 RESIDENCE IN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCU-
13 LATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR
14 EACH RESIDENT PUPIL ENROLLED IN A CHARTER SCHOOL WHO WAS ENROLLED IN A
15 NONPUBLIC SCHOOL IN THE YEAR PRIOR TO ENROLLING IN A CHARTER SCHOOL, FOR
16 THE FIRST THREE YEARS OF SUCH PUPIL'S ENROLLMENT IN A CHARTER SCHOOL.
17 (C) FOR THE PURPOSE OF PROVIDING PAYMENTS OF AMOUNTS CALCULATED PURSU-
18 ANT TO THIS SUBDIVISION TO A CHARTER SCHOOL IN EXISTENCE PRIOR TO THE
19 EFFECTIVE DATE OF THIS SUBDIVISION, THE FIRST YEAR OF OPERATION FOR SUCH
20 CHARTER SCHOOL SHALL BE DEEMED TO BE THE SCHOOL YEAR COMMENCING ON OR
21 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
22 2. [In the event of the failure of the school district to make
23 payments required by this section, the state comptroller shall deduct
24 from any state funds which become due to such school district an amount
25 equal to the unpaid obligation. The comptroller shall pay over such sum
26 to the charter school upon certification of the commissioner. The
27 commissioner shall promulgate regulations to implement the provisions of
28 this subdivision.
29 3.] Nothing in this article shall be construed to prohibit any person
30 or organization from providing funding or other assistance to the estab-
31 lishment or operation of a charter school. The board of trustees of a
32 charter school is authorized to accept gifts, donations or grants of any
33 kind made to the charter school and to expend or use such gifts,
34 donations or grants in accordance with the conditions prescribed by the
35 donor; provided, however, that no gift, donation or grant may be
36 accepted if subject to a condition that is contrary to any provision of
37 law or term of the charter.
38 3. A SCHOOL DISTRICT SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS PURSU-
39 ANT TO THIS SECTION UNLESS THE CHARTER SCHOOL HAS RECEIVED A CERTIFICATE
40 OF OCCUPANCY FOR THE FACILITIES WHICH ARE TO BE USED BY THE CHARTER
41 SCHOOL AND THE FACILITIES MEET ALL LOCAL ZONING, LAND USE REGULATIONS,
42 AND BUILDING CODES WHICH APPLY TO NONPUBLIC SCHOOLS. ALL PAYMENTS SCHED-
43 ULED TO BE MADE BY A SCHOOL DISTRICT PURSUANT TO THIS SECTION WHICH ARE
44 WITHHELD AS A RESULT OF A FAILURE OF THE CHARTER SCHOOL TO COMPLY WITH
45 THE PROVISIONS OF THIS SUBDIVISION SHALL BE DUE AND PAYABLE FIFTEEN DAYS
46 AFTER THE CHARTER SCHOOL MEETS THE REQUIREMENTS OF THIS SUBDIVISION.
47 4. WHEN A CHARTER SCHOOL IS ESTABLISHED PURSUANT TO SECTION
48 TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE, THE STATE SHALL NOT
49 REFUSE AID TO ANY SCHOOL DISTRICT LOCATED IN AN OFFICIALLY DESIGNATED
50 POVERTY AREA.
51 S 7. Subdivisions 1-a and 2 of section 2857 of the education law,
52 subdivision 1-a as added by section 7 of part D-2 of chapter 57 of the
53 laws of 2007 and subdivision 2 as amended by chapter 101 of the laws of
54 2010, are amended to read as follows:
55 1-a. In the event the school district fails to conduct a public hear-
56 ing, the board of regents OR THE CHARTER ENTITY shall conduct a public
A. 1946 8
1 hearing to solicit comments from the community in connection with the
2 issuance, revision, or renewal of a charter.
3 2. Each charter school shall submit to the charter entity, THE LOCAL
4 BOARD OF EDUCATION and to the board of regents an annual report. Such
5 report shall be issued no later than the first day of August of each
6 year for the preceding school year and shall be made publicly available
7 by such date and shall be posted on the charter school's website. The
8 annual report shall be in such form as shall be prescribed by the
9 commissioner and shall include at least the following components:
10 (a) a charter school report card, which shall include measures of the
11 comparative academic and fiscal performance of the school, as prescribed
12 by the commissioner in regulations adopted for such purpose. Such meas-
13 ures shall include, but not be limited to, graduation rates, dropout
14 rates, performance of students on standardized tests, college entry
15 rates, total spending per pupil and administrative spending per pupil.
16 Such measures shall be presented in a format that is easily comparable
17 to similar public schools. In addition, the charter school shall ensure
18 that such information is easily accessible to the community including
19 making it publicly available by transmitting it to local newspapers of
20 general circulation and making it available for distribution at board of
21 trustee meetings. THE CHARTER SCHOOL SHALL MAKE THE CHARTER SCHOOL
22 REPORT CARD PUBLICLY AVAILABLE BY APPENDING IT TO COPIES OF THE PROPOSED
23 BUDGET, WHERE APPLICABLE, MADE PUBLICLY AVAILABLE AS REQUIRED BY LAW,
24 AND OTHERWISE DISSEMINATING IT AS REQUIRED BY THE COMMISSIONER. SUCH
25 REPORT CARD SHALL INCLUDE MEASURES OF THE ACADEMIC AND FISCAL PERFORM-
26 ANCE OF THE CHARTER SCHOOL, AS PRESCRIBED BY THE COMMISSIONER. PURSUANT
27 TO REGULATIONS OF THE COMMISSIONER, THE REPORT CARD SHALL ALSO COMPARE
28 THESE MEASURES TO STATEWIDE AVERAGES FOR ALL PUBLIC AND CHARTER SCHOOLS,
29 AND STATEWIDE AVERAGES FOR PUBLIC SCHOOLS AND CHARTER SCHOOLS OF COMPA-
30 RABLE WEALTH AND NEED, DEVELOPED BY THE COMMISSIONER. SUCH REPORT CARD
31 SHALL INCLUDE, AT A MINIMUM, ANY INFORMATION ON THE CHARTER SCHOOL
32 DISTRICT REGARDING PUPIL PERFORMANCE AND EXPENDITURE PER PUPIL REQUIRED
33 TO BE INCLUDED IN THE ANNUAL REPORT BY THE REGENTS TO THE GOVERNOR AND
34 THE LEGISLATURE PURSUANT TO SECTION TWO HUNDRED FIFTEEN-A OF THIS CHAP-
35 TER; AND ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
36 (b) discussion of the progress made towards achievement of the goals
37 set forth in the charter.
38 (c) a certified financial statement setting forth, by appropriate
39 categories, the revenues, INCLUDING ANY PROFITS REALIZED BY THE CHARTER
40 SCHOOL OR ITS PARENT CORPORATION and expenditures for the preceding
41 school year, including a copy of the most recent independent fiscal
42 audit of the school and any audit conducted by the comptroller of the
43 state of New York.
44 (d) efforts taken by the charter school in the existing school year,
45 and a plan for efforts to be taken in the succeeding school year, to
46 meet or exceed enrollment and retention targets set by the board of
47 regents or the board of trustees of the state university of New York, as
48 applicable, of students with disabilities, English language learners,
49 and students who are eligible applicants for the free and reduced price
50 lunch program established pursuant to paragraph (e) of subdivision four
51 of section twenty-eight hundred fifty-one of this article.
52 S 8. Section 97-sss of the state finance law, as added by chapter 4 of
53 the laws of 1998, is amended to read as follows:
54 S 97-sss. Charter schools stimulus fund. 1. There is hereby estab-
55 lished in the joint custody of the comptroller and the commissioner of
56 taxation and finance a fund to be known as the charter schools stimulus
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1 fund. Such fund shall consist of all monies made available pursuant to
2 appropriation for this purpose, all monies transferred to such fund
3 pursuant to law, and grants, gifts and devises and donations from any
4 public or private source. The purpose of such fund is to provide discre-
5 tionary financial support, including grants and loans to charter school
6 applicants and to charter schools for start-up costs and for costs asso-
7 ciated with the acquisition, renovation, or construction of school
8 facilities OR GENERAL OPERATING EXPENSES.
9 2. (A) IN ADDITION TO THE APPORTIONMENTS AUTHORIZED IN SUBDIVISION ONE
10 OF THIS SECTION, WHEN THE COMMISSIONER OF EDUCATION, UPON APPLICATION OF
11 AN AFFECTED DISTRICT, CERTIFIES THAT SUCH SCHOOL DISTRICT'S FINANCIAL
12 SITUATION HAS BECOME DISTRESSED AS A RESULT OF THE OPERATION OF A CHAR-
13 TER SCHOOL LOCATED WITHIN SUCH DISTRICT, THE COMPTROLLER SHALL AWARD
14 GRANTS FROM THE CHARTER SCHOOLS STIMULUS FUND TO A CHARTER SCHOOL OR A
15 DISTRESSED DISTRICT IN AN AMOUNT TO MITIGATE SUCH FINANCIAL DISTRESS OF
16 THE AFFECTED SCHOOL DISTRICT.
17 (B) EACH SCHOOL DISTRICT WHICH SEEKS A DISTRESSED SCHOOL DISTRICT
18 GRANT SHALL SUBMIT A GRANT APPLICATION TO THE COMMISSIONER OF EDUCATION,
19 PURSUANT TO GUIDELINES TO BE ESTABLISHED BY THE COMMISSIONER OF EDUCA-
20 TION.
21 (C) THE COMMISSIONER OF EDUCATION SHALL EVALUATE EACH GRANT APPLICA-
22 TION ON THE BASIS OF CRITERIA, INCLUDING, BUT NOT LIMITED TO: THE
23 PERCENTAGE OF A SCHOOL DISTRICT'S PUPILS ENROLLED IN A CHARTER SCHOOL;
24 THE IMPACT OF CHARTER SCHOOL FUNDING ON DISTRICT GENERAL FUND EXPENSE;
25 AND THE RESULTANT LOCAL TAX IMPACT.
26 3. THE COMMISSIONER OF TAXATION AND FINANCE SHALL APPORTION FUNDS
27 FROM THE CHARTER SCHOOLS STIMULUS FUND TO A CHARTER SCHOOL IN AN AMOUNT
28 PER PUPIL EQUAL TO THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (A) OF
29 SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THE EDUCA-
30 TION LAW FOR EACH RESIDENT PUPIL ENROLLED IN A CHARTER SCHOOL WHO WAS
31 ENROLLED IN A NON-PUBLIC SCHOOL IN THE YEAR PRIOR TO ENROLLING IN THE
32 CHARTER SCHOOL FOR THE FIRST THREE YEARS OF SUCH PUPIL'S ENROLLMENT IN
33 SUCH CHARTER SCHOOL.
34 S 9. The state finance law is amended by adding two new sections
35 97-llll and 97-mmmm to read as follows:
36 S 97-LLLL. CHARTER SCHOOLS TRANSITION FUND. 1. THERE IS HEREBY ESTAB-
37 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
38 AND THE COMPTROLLER, A FUND TO BE KNOWN AS THE "CHARTER SCHOOLS TRANSI-
39 TION FUND".
40 2. SUCH FUND SHALL CONSIST OF ALL MONIES MADE AVAILABLE PURSUANT TO
41 APPROPRIATION FOR THIS PURPOSE, ALL MONEYS TRANSFERRED TO SUCH FUND
42 PURSUANT TO LAW, AND GRANTS, GIFTS AND DEVISES AND DONATIONS FROM ANY
43 PUBLIC OR PRIVATE SOURCE. THE PURPOSE OF THE FUND IS TO PROVIDE TRANSI-
44 TION AID OVER A THREE-YEAR PERIOD, AS CALCULATED PURSUANT TO THE
45 PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
46 HUNDRED FIFTY-SIX OF THE EDUCATION LAW, TO LOCAL SCHOOL DISTRICTS WHICH
47 HAVE RESIDENT PUPILS ATTENDING CHARTER SCHOOLS TO LESSEN THE FINANCIAL
48 IMPACT ON THE LOCAL SCHOOL DISTRICT.
49 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR SUCH TRANSITION AID
50 TO LOCAL SCHOOL DISTRICTS WHICH HAVE RESIDENT PUPILS ENROLLED IN A CHAR-
51 TER SCHOOL.
52 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
53 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
54 OF TAXATION AND FINANCE.
55 S 97-MMMM. DISTRESSED SCHOOL DISTRICT GRANT FUND. 1. THERE IS HEREBY
56 ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
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1 FINANCE AND THE COMPTROLLER, A FUND TO BE KNOWN AS THE "DISTRESSED
2 SCHOOL DISTRICT GRANT FUND".
3 2. SUCH FUND SHALL CONSIST OF ALL MONIES MADE AVAILABLE PURSUANT TO
4 APPROPRIATION FOR THIS PURPOSE, ALL MONEYS TRANSFERRED TO SUCH FUND
5 PURSUANT TO LAW, AND GRANTS, GIFTS AND DEVISES AND DONATIONS FROM ANY
6 PUBLIC OR PRIVATE SOURCE. THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS
7 TO LOCAL SCHOOL DISTRICTS WHICH HAVE RESIDENT PUPILS ENROLLED IN CHARTER
8 SCHOOLS TO LESSEN THE FINANCIAL IMPACT ON THE LOCAL SCHOOL DISTRICT.
9 3. EACH SCHOOL DISTRICT WHICH SEEKS A DISTRESSED SCHOOL DISTRICT GRANT
10 MAY SUBMIT AN APPLICATION FOR FUNDS PURSUANT TO GUIDELINES TO BE ESTAB-
11 LISHED BY THE COMMISSIONER OF EDUCATION.
12 4. THE COMMISSIONER OF EDUCATION SHALL EVALUATE EACH GRANT APPLICATION
13 ON THE BASIS OF CRITERIA, INCLUDING, BUT NOT LIMITED TO: THE PERCENTAGE
14 OF A SCHOOL DISTRICT'S PUPILS ENROLLED IN A CHARTER SCHOOL; THE IMPACT
15 OF THE CHARTER SCHOOL FUNDING ON DISTRICT GENERAL FUND EXPENSE; AND THE
16 RESULTANT LOCAL TAX IMPACT.
17 5. THE COMMISSIONER OF EDUCATION, PURSUANT TO THE CRITERIA ESTABLISHED
18 IN SUBDIVISION FOUR OF THIS SECTION, MAY CERTIFY THAT SUCH SCHOOL
19 DISTRICT'S FINANCIAL SITUATION HAS BECOME DISTRESSED AS THE RESULT OF
20 THE OPERATION OF A CHARTER SCHOOL. UPON CERTIFICATION, THE COMPTROLLER
21 SHALL AWARD GRANTS TO THE DISTRESSED DISTRICT IN AN AMOUNT TO MITIGATE
22 SUCH FINANCIAL DISTRESS OF THE AFFECTED SCHOOL DISTRICT ON VOUCHERS
23 APPROVED AND CERTIFIED BY THE COMMISSIONER OF TAXATION AND FINANCE.
24 S 10. Subparagraphs (xiii) and (xiv) of paragraph (a) of subdivision 1
25 of section 922 of the real property tax law, as amended by section 5 of
26 part B of chapter 389 of the laws of 1997 and subparagraph (xiv) as
27 further amended by subdivision (b) of section 1 of part W of chapter 389
28 of the laws of 2010, are amended and a new subparagraph (xv) is added to
29 read as follows:
30 (xiii) such other information as may be prescribed by law; [and]
31 (xiv) if, not later than ten days after the filing of the preceding
32 tentative assessment roll, the assessing unit mailed to each owner of
33 taxable real property a notice in a form prescribed by the commissioner
34 containing the information described by subparagraphs (iii) and (xii) of
35 this paragraph (excluding the taxes due on the parcel and the tax rate
36 for each taxing purpose), the statement of taxes need not include the
37 information prescribed by subparagraph (xii) of this paragraph[.]; AND
38 (XV) A STATEMENT SETTING FORTH THE AMOUNT OF TAXES LEVIED THAT SHALL
39 BE APPLIED OR THAT ARE PROJECTED TO BE APPLIED TO THE PAYMENT OF CHARTER
40 SCHOOLS.
41 S 11. Subdivision 1 of section 1338 of the real property tax law, as
42 added by chapter 953 of the laws of 1962, is amended to read as follows:
43 1. Upon receipt of the tax roll and warrant, the collecting officer
44 shall mail to each owner of property listed thereon, a statement of
45 taxes as provided by law. SUCH STATEMENT SHALL INCLUDE, BUT SHALL NOT
46 BE LIMITED TO, INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPH (XV) OF
47 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION NINE HUNDRED TWENTY-TWO OF
48 THIS CHAPTER.
49 S 12. This act shall take effect on the first of July next succeeding
50 the date on which it shall have become a law, provided that the amend-
51 ments to subdivision 1 of section 2856 of the education law made by
52 section six of this act shall not affect the expiration of such subdivi-
53 sion and shall expire therewith.
