Bill Text: NY A05709 | 2015-2016 | 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) 2016-01-06 - referred to education [A05709 Detail]

Download: New_York-2015-A05709-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5709
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       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.
                                                                  LBD09271-01-5
       A. 5709                             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. 5709                             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. 5709                             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 and paragraph (d) as
   50  added by section 3 of part BB of chapter 56 of  the  laws  of  2014,  is
   51  amended to read as follows:
   52    S  2856.  Financing  of  charter  schools.  1.  (a)  The enrollment of
   53  students attending charter schools shall NOT be included in the  enroll-
   54  ment,  attendance, membership and, if applicable, count of students with
   55  disabilities of the school district in  which  the  pupil  resides.  The
   56  charter  school  shall  report all such data to the [school districts of
       A. 5709                             5
    1  residence] DEPARTMENT in a timely manner. [Each  school  district  shall
    2  report  such enrollment, attendance and count of students with disabili-
    3  ties to the department.] The [school district of  residence]  DEPARTMENT
    4  shall  pay  directly  to the charter school for each student enrolled in
    5  the charter school [who resides  in  the  school  district  the  charter
    6  school basic tuition, which shall be:
    7    (i)  for school years prior to the two thousand nine--two thousand ten
    8  school year and for school years following the two thousand sixteen--two
    9  thousand seventeen school year, an amount  equal  to  one  hundred]  FOR
   10  GRADES  KINDERGARTEN  THROUGH  FOUR,  AN  AMOUNT  EQUAL  TO  EIGHTY-FIVE
   11  PERCENT, FOR GRADES FIVE THROUGH EIGHT, AN AMOUNT EQUAL  TO  NINETY-FIVE
   12  PERCENT  AND  FOR  GRADES  NINE  THROUGH  TWELVE  AN AMOUNT EQUAL TO ONE
   13  HUNDRED FIVE percent of the amount calculated pursuant to paragraph f of
   14  subdivision one of section thirty-six hundred two of  this  chapter  for
   15  the  STUDENT'S  school  district  for  the  year  prior to the base year
   16  increased by the percentage change in the state total approved operating
   17  expense calculated pursuant to paragraph t of subdivision one of section
   18  thirty-six hundred two of this chapter from two years prior to the  base
   19  year to the base year; PROVIDED, HOWEVER, THAT
   20    [(ii)]  for  the  two thousand nine--two thousand ten school year, the
   21  charter school basic  tuition  shall  be  the  amount  payable  by  such
   22  district as charter school basic tuition for the two thousand eight--two
   23  thousand nine school year[;
   24    (iii)  for the two thousand ten--two thousand eleven through two thou-
   25  sand thirteen--two thousand fourteen school years,  the  charter  school
   26  basic  tuition  shall be the basic tuition computed for the two thousand
   27  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
   28  subparagraph (i) of this paragraph;
   29    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
   30  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
   31  seventeen school years, the charter school basic tuition  shall  be  the
   32  sum  of  the lesser of the charter school basic tuition computed for the
   33  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
   34  provisions  of  subparagraph (i) of this paragraph or the charter school
   35  basic tuition computed for the current year pursuant to  the  provisions
   36  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
   37  tuition.
   38    For the purposes of this subdivision, the "supplemental basic tuition"
   39  shall be (A) for a school district for which the  charter  school  basic
   40  tuition  computed  for  the current year is greater than or equal to the
   41  charter school basic tuition for  the  two  thousand  ten--two  thousand
   42  eleven  school  year  pursuant  to the provisions of subparagraph (i) of
   43  this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
   44  school  year two hundred and fifty dollars, and (2) for the two thousand
   45  fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty
   46  dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen
   47  school year five hundred dollars, and (B)  for  a  school  district  for
   48  which  the  charter  school  basic tuition for the two thousand ten--two
   49  thousand eleven school year is greater than  the  charter  school  basic
   50  tuition  for the current year pursuant to the provisions of subparagraph
   51  (i) of this paragraph, the positive difference  of  the  charter  school
   52  basic  tuition for the two thousand ten--two thousand eleven school year
   53  minus the charter school basic tuition for the current year pursuant  to
   54  the provisions of subparagraph (i) of this paragraph].
   55    (B)  PROVIDED, HOWEVER, THAT DURING THE FIRST THREE YEARS OF OPERATION
   56  OF A CHARTER SCHOOL, THE AMOUNT PAID BY THE SCHOOL DISTRICT OR RESIDENCE
       A. 5709                             6
    1  DIRECTLY TO THE CHARTER SCHOOL FOR PUPILS WHO ATTENDED PUBLIC SCHOOL  IN
    2  THE  SCHOOL  DISTRICT OF RESIDENCE IN THE YEAR PRIOR TO ENROLLING IN THE
    3  CHARTER SCHOOL SHALL BE REDUCED BY THE AMOUNT PROVIDED PURSUANT  TO  THE
    4  PROVISIONS OF SUBDIVISION ONE-A OF THIS SECTION.
    5    [(b)]  (C) The [school district] DEPARTMENT shall also pay directly to
    6  the charter school any federal or state aid attributable  to  a  student
    7  with  a  disability  attending  THE  charter school in proportion to the
    8  level of services for such student with a disability  that  the  charter
    9  school provides directly or indirectly. Notwithstanding anything in this
   10  section  to  the  contrary, amounts payable pursuant to this subdivision
   11  from state or local funds  may  be  reduced  pursuant  to  an  agreement
   12  between  the  DEPARTMENT,  THE CHARTER school and the charter entity set
   13  forth in the charter. Payments made pursuant to this  subdivision  shall
   14  be  made  by the [school district] DEPARTMENT in six substantially equal
   15  installments each year beginning on the first business day of  July  and
   16  every  two  months  thereafter.  Amounts  payable under this subdivision
   17  shall be determined by the commissioner. Amounts payable  to  a  charter
   18  school  in its first year of operation shall be based on the projections
   19  of initial-year enrollment set forth in the charter until actual enroll-
   20  ment data is reported to the school district by the charter school. Such
   21  projections shall be reconciled with the  actual  enrollment  as  actual
   22  enrollment data is so reported and at the end of the school's first year
   23  of  operation and each subsequent year based on a final report of actual
   24  enrollment by the charter school, and any necessary adjustments  result-
   25  ing from such final report shall be made to payments during the school's
   26  following year of operation.
   27    [(c)]  (D)  Notwithstanding any other provision of this subdivision to
   28  the contrary, payment of the federal aid attributable to a student  with
   29  a disability attending a charter school shall be made in accordance with
   30  the  requirements of section 8065-a of title twenty of the United States
   31  code and sections 76.785-76.799 and 300.209 of title thirty-four of  the
   32  code of federal regulations.
   33    [(d)  School  districts  shall be eligible for an annual apportionment
   34  equal to the amount of the supplemental basic tuition paid to the  char-
   35  ter  school  in the base year for the expenses incurred in the two thou-
   36  sand fourteen--two thousand fifteen, two thousand fifteen--two  thousand
   37  sixteen, and two thousand sixteen--two thousand seventeen school years.]
   38    1-A.  (A)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
   39  SECTION, FOR THE FIRST THREE YEARS OF OPERATION  OF  A  CHARTER  SCHOOL,
   40  EACH  PUPIL  SO  RECEIVED  INTO ANY OF SUCH CHARTER SCHOOLS WHO ATTENDED
   41  PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN  THE  PRIOR  SCHOOL
   42  YEAR  SHALL BE PROVIDED WITH AN AMOUNT EQUAL TO THAT CALCULATED PURSUANT
   43  TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION; AND  THE  DIREC-
   44  TORS OF THE CHARTER SCHOOL SHALL RECEIVE AN ALLOCATION FOR EACH PUPIL SO
   45  PROVIDED  FOR,  TO  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE,
   46  OUT OF THE CHARTER SCHOOLS STIMULUS  FUND,  AS  ESTABLISHED  IN  SECTION
   47  NINETY-SEVEN-SSS  OF  THE STATE FINANCE LAW, ON THE WARRANT OF THE COMP-
   48  TROLLER, TO THE TREASURER OF SUCH  CHARTER  SCHOOL;  PROVIDED,  HOWEVER,
   49  THAT  ONE-SIXTH  OF  SUCH  PAYMENT  SHALL BE MADE BEGINNING ON THE FIRST
   50  BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER.
   51    (B) (I) DURING THE FIRST YEAR OF OPERATION OF A CHARTER SCHOOL  ESTAB-
   52  LISHED  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
   53  TO EACH CHARTER SCHOOL FROM THE CHARTER SCHOOLS STIMULUS FUND AN  AMOUNT
   54  EQUAL  TO  FIFTY  PERCENT  OF  THE  AMOUNT  CALCULATED  PURSUANT  TO THE
   55  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR  EACH  PUPIL  ENROLLED
       A. 5709                             7
    1  WHO  ATTENDED  PUBLIC  SCHOOL IN THE SCHOOL DISTRICT OF RESIDENCE IN THE
    2  PRIOR SCHOOL YEAR;
    3    (II)  DURING  THE  SECOND YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
    4  LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE  SHALL  PAY
    5  TO  EACH CHARTER SCHOOL FROM THE CHARTER SCHOOLS STIMULUS FUND AN AMOUNT
    6  EQUAL TO THIRTY  PERCENT  OF  THE  AMOUNT  CALCULATED  PURSUANT  TO  THE
    7  PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION FOR EACH PUPIL ENROLLED
    8  WHO ATTENDED PUBLIC SCHOOL IN THE SCHOOL DISTRICT OF  RESIDENCE  IN  THE
    9  PRIOR SCHOOL YEAR;
   10    (III)  DURING  THE  THIRD 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 TEN PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE PROVISIONS
   14  OF SUBDIVISION ONE OF THIS SECTION FOR EACH PUPIL ENROLLED WHO  ATTENDED
   15  PUBLIC  SCHOOL  IN  THE SCHOOL DISTRICT OF RESIDENCE IN THE PRIOR SCHOOL
   16  YEAR.
   17    1-B. (A) PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION,  THE  SCHOOL
   18  DISTRICT SHALL RECEIVE AN ALLOCATION FOR EACH RESIDENT PUPIL ATTENDING A
   19  CHARTER  SCHOOL  TO BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE,
   20  OUT OF THE CHARTER SCHOOLS TRANSITION FUND, AS  ESTABLISHED  IN  SECTION
   21  NINETY-SEVEN-LLLL  OF THE STATE FINANCE LAW, ON THE AUDIT AND WARRANT OF
   22  THE COMPTROLLER; PROVIDED, HOWEVER, THAT ONE-SIXTH  OF  SUCH  ALLOCATION
   23  SHALL  BE MADE BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO
   24  MONTHS THEREAFTER.
   25    (B) (I) DURING THE FIRST YEAR OF OPERATION OF A CHARTER SCHOOL  ESTAB-
   26  LISHED  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
   27  TO THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS  TRANSITION
   28  FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
   29  AMOUNT  EQUAL  TO FIFTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
   30  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR  EACH  RESIDENT  PUPIL
   31  ENROLLED  IN  A  CHARTER  SCHOOL  WHO  WAS ENROLLED IN THE PUBLIC SCHOOL
   32  DISTRICT OF RESIDENCE IN THE  YEAR  PRIOR  TO  ENROLLING  IN  A  CHARTER
   33  SCHOOL;
   34    (II)  DURING  THE  SECOND YEAR OF OPERATION OF A CHARTER SCHOOL ESTAB-
   35  LISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE STATE  SHALL  PAY
   36  TO  THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS TRANSITION
   37  FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
   38  AMOUNT EQUAL TO THIRTY PERCENT OF THE AMOUNT CALCULATED PURSUANT TO  THE
   39  PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION FOR EACH RESIDENT PUPIL
   40  ENROLLED IN A CHARTER SCHOOL WHO  WAS  ENROLLED  IN  THE  PUBLIC  SCHOOL
   41  DISTRICT  OF  RESIDENCE  IN  THE  YEAR  PRIOR  TO ENROLLING IN A CHARTER
   42  SCHOOL;
   43    (III) DURING THE THIRD YEAR OF OPERATION OF A  CHARTER  SCHOOL  ESTAB-
   44  LISHED  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE, THE STATE SHALL PAY
   45  TO THE SCHOOL DISTRICT OF RESIDENCE FROM THE CHARTER SCHOOLS  TRANSITION
   46  FUND, PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW, AN
   47  AMOUNT  EQUAL  TO  TEN  PERCENT OF THE AMOUNT CALCULATED PURSUANT TO THE
   48  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION FOR  EACH  RESIDENT  PUPIL
   49  ENROLLED  IN  A  CHARTER  SCHOOL  WHO  WAS ENROLLED IN THE PUBLIC SCHOOL
   50  DISTRICT OF RESIDENCE IN THE  YEAR  PRIOR  TO  ENROLLING  IN  A  CHARTER
   51  SCHOOL;
   52    (IV)  THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL ALSO APPORTION
   53  FUNDS FROM THE CHARTER SCHOOLS TRANSITION FUND TO THE SCHOOL DISTRICT OF
   54  RESIDENCE IN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCU-
   55  LATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION  FOR
   56  EACH  RESIDENT  PUPIL ENROLLED IN A CHARTER SCHOOL WHO WAS ENROLLED IN A
       A. 5709                             8
    1  NONPUBLIC SCHOOL IN THE YEAR PRIOR TO ENROLLING IN A CHARTER SCHOOL, FOR
    2  THE FIRST THREE YEARS OF SUCH PUPIL'S ENROLLMENT IN A CHARTER SCHOOL.
    3    (C) FOR THE PURPOSE OF PROVIDING PAYMENTS OF AMOUNTS CALCULATED PURSU-
    4  ANT  TO  THIS  SUBDIVISION TO A CHARTER SCHOOL IN EXISTENCE PRIOR TO THE
    5  EFFECTIVE DATE OF THIS SUBDIVISION, THE FIRST YEAR OF OPERATION FOR SUCH
    6  CHARTER SCHOOL SHALL BE DEEMED TO BE THE SCHOOL YEAR  COMMENCING  ON  OR
    7  AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
    8    2.  [In  the  event  of  the  failure  of  the school district to make
    9  payments required by this section, the state  comptroller  shall  deduct
   10  from  any state funds which become due to such school district an amount
   11  equal to the unpaid obligation. The comptroller shall pay over such  sum
   12  to  the  charter  school  upon  certification  of  the commissioner. The
   13  commissioner shall promulgate regulations to implement the provisions of
   14  this subdivision.
   15    3.] Nothing in this article shall be construed to prohibit any  person
   16  or organization from providing funding or other assistance to the estab-
   17  lishment  or  operation  of a charter school. The board of trustees of a
   18  charter school is authorized to accept gifts, donations or grants of any
   19  kind made to the charter  school  and  to  expend  or  use  such  gifts,
   20  donations  or grants in accordance with the conditions prescribed by the
   21  donor; provided, however,  that  no  gift,  donation  or  grant  may  be
   22  accepted  if subject to a condition that is contrary to any provision of
   23  law or term of the charter.
   24    3. A SCHOOL DISTRICT SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS PURSU-
   25  ANT TO THIS SECTION UNLESS THE CHARTER SCHOOL HAS RECEIVED A CERTIFICATE
   26  OF OCCUPANCY FOR THE FACILITIES WHICH ARE TO  BE  USED  BY  THE  CHARTER
   27  SCHOOL  AND  THE FACILITIES MEET ALL LOCAL ZONING, LAND USE REGULATIONS,
   28  AND BUILDING CODES WHICH APPLY TO NONPUBLIC SCHOOLS. ALL PAYMENTS SCHED-
   29  ULED TO BE MADE BY A SCHOOL DISTRICT PURSUANT TO THIS SECTION WHICH  ARE
   30  WITHHELD  AS  A RESULT OF A FAILURE OF THE CHARTER SCHOOL TO COMPLY WITH
   31  THE PROVISIONS OF THIS SUBDIVISION SHALL BE DUE AND PAYABLE FIFTEEN DAYS
   32  AFTER THE CHARTER SCHOOL MEETS THE REQUIREMENTS OF THIS SUBDIVISION.
   33    4.  WHEN  A  CHARTER  SCHOOL  IS  ESTABLISHED  PURSUANT   TO   SECTION
   34  TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS  ARTICLE, THE STATE SHALL NOT
   35  REFUSE AID TO ANY SCHOOL DISTRICT LOCATED IN  AN  OFFICIALLY  DESIGNATED
   36  POVERTY AREA.
   37    S  7.  Subdivisions  1-a  and  2 of section 2857 of the education law,
   38  subdivision 1-a as added by section 7 of part D-2 of chapter 57  of  the
   39  laws  of 2007 and subdivision 2 as amended by chapter 101 of the laws of
   40  2010, are amended to read as follows:
   41    1-a. In the event the school district fails to conduct a public  hear-
   42  ing,  the  board of regents OR THE CHARTER ENTITY shall conduct a public
   43  hearing to solicit comments from the community in  connection  with  the
   44  issuance, revision, or renewal of a charter.
   45    2.  Each  charter school shall submit to the charter entity, THE LOCAL
   46  BOARD OF EDUCATION and to the board of regents an  annual  report.  Such
   47  report  shall  be  issued  no later than the first day of August of each
   48  year for the preceding school year and shall be made publicly  available
   49  by  such  date  and shall be posted on the charter school's website. The
   50  annual report shall be in such  form  as  shall  be  prescribed  by  the
   51  commissioner and shall include at least the following components:
   52    (a)  a charter school report card, which shall include measures of the
   53  comparative academic and fiscal performance of the school, as prescribed
   54  by the commissioner in regulations adopted for such purpose. Such  meas-
   55  ures  shall  include,  but  not be limited to, graduation rates, dropout
   56  rates, performance of students  on  standardized  tests,  college  entry
       A. 5709                             9
    1  rates,  total  spending per pupil and administrative spending per pupil.
    2  Such measures shall be presented in a format that is  easily  comparable
    3  to  similar public schools. In addition, the charter school shall ensure
    4  that  such  information  is easily accessible to the community including
    5  making it publicly available by transmitting it to local  newspapers  of
    6  general circulation and making it available for distribution at board of
    7  trustee  meetings.    THE  CHARTER  SCHOOL SHALL MAKE THE CHARTER SCHOOL
    8  REPORT CARD PUBLICLY AVAILABLE BY APPENDING IT TO COPIES OF THE PROPOSED
    9  BUDGET, WHERE APPLICABLE, MADE PUBLICLY AVAILABLE AS  REQUIRED  BY  LAW,
   10  AND  OTHERWISE  DISSEMINATING  IT  AS REQUIRED BY THE COMMISSIONER. SUCH
   11  REPORT CARD SHALL INCLUDE MEASURES OF THE ACADEMIC AND  FISCAL  PERFORM-
   12  ANCE  OF THE CHARTER SCHOOL, AS PRESCRIBED BY THE COMMISSIONER. PURSUANT
   13  TO REGULATIONS OF THE COMMISSIONER, THE REPORT CARD SHALL  ALSO  COMPARE
   14  THESE MEASURES TO STATEWIDE AVERAGES FOR ALL PUBLIC AND CHARTER SCHOOLS,
   15  AND  STATEWIDE AVERAGES FOR PUBLIC SCHOOLS AND CHARTER SCHOOLS OF COMPA-
   16  RABLE WEALTH AND NEED, DEVELOPED BY THE COMMISSIONER. SUCH  REPORT  CARD
   17  SHALL  INCLUDE,  AT  A  MINIMUM,  ANY  INFORMATION ON THE CHARTER SCHOOL
   18  DISTRICT REGARDING PUPIL PERFORMANCE AND EXPENDITURE PER PUPIL  REQUIRED
   19  TO  BE  INCLUDED IN THE ANNUAL REPORT BY THE REGENTS TO THE GOVERNOR AND
   20  THE LEGISLATURE PURSUANT TO SECTION TWO HUNDRED FIFTEEN-A OF THIS  CHAP-
   21  TER; AND ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
   22    (b)  discussion  of the progress made towards achievement of the goals
   23  set forth in the charter.
   24    (c) a certified financial  statement  setting  forth,  by  appropriate
   25  categories,  the revenues, INCLUDING ANY PROFITS REALIZED BY THE CHARTER
   26  SCHOOL OR ITS PARENT CORPORATION  and  expenditures  for  the  preceding
   27  school  year,  including  a  copy  of the most recent independent fiscal
   28  audit of the school and any audit conducted by the  comptroller  of  the
   29  state of New York.
   30    (d)  efforts  taken by the charter school in the existing school year,
   31  and a plan for efforts to be taken in the  succeeding  school  year,  to
   32  meet  or  exceed  enrollment  and  retention targets set by the board of
   33  regents or the board of trustees of the state university of New York, as
   34  applicable, of students with disabilities,  English  language  learners,
   35  and  students who are eligible applicants for the free and reduced price
   36  lunch program established pursuant to paragraph (e) of subdivision  four
   37  of section twenty-eight hundred fifty-one of this article.
   38    S 8. Section 97-sss of the state finance law, as added by chapter 4 of
   39  the laws of 1998, is amended to read as follows:
   40    S  97-sss.  Charter  schools stimulus fund.  1. There is hereby estab-
   41  lished in the joint custody of the comptroller and the  commissioner  of
   42  taxation  and finance a fund to be known as the charter schools stimulus
   43  fund.  Such fund shall consist of all monies made available pursuant  to
   44  appropriation  for  this  purpose,  all  monies transferred to such fund
   45  pursuant to law, and grants, gifts and devises and  donations  from  any
   46  public or private source. The purpose of such fund is to provide discre-
   47  tionary  financial support, including grants and loans to charter school
   48  applicants and to charter schools for start-up costs and for costs asso-
   49  ciated with the  acquisition,  renovation,  or  construction  of  school
   50  facilities OR GENERAL OPERATING EXPENSES.
   51    2. (A) IN ADDITION TO THE APPORTIONMENTS AUTHORIZED IN SUBDIVISION ONE
   52  OF THIS SECTION, WHEN THE COMMISSIONER OF EDUCATION, UPON APPLICATION OF
   53  AN  AFFECTED  DISTRICT,  CERTIFIES THAT SUCH SCHOOL DISTRICT'S FINANCIAL
   54  SITUATION HAS BECOME DISTRESSED AS A RESULT OF THE OPERATION OF A  CHAR-
   55  TER  SCHOOL  LOCATED  WITHIN  SUCH DISTRICT, THE COMPTROLLER SHALL AWARD
   56  GRANTS FROM THE CHARTER SCHOOLS STIMULUS FUND TO A CHARTER SCHOOL  OR  A
       A. 5709                            10
    1  DISTRESSED  DISTRICT IN AN AMOUNT TO MITIGATE SUCH FINANCIAL DISTRESS OF
    2  THE AFFECTED SCHOOL DISTRICT.
    3    (B)  EACH  SCHOOL  DISTRICT  WHICH  SEEKS A DISTRESSED SCHOOL DISTRICT
    4  GRANT SHALL SUBMIT A GRANT APPLICATION TO THE COMMISSIONER OF EDUCATION,
    5  PURSUANT TO GUIDELINES TO BE ESTABLISHED BY THE COMMISSIONER  OF  EDUCA-
    6  TION.
    7    (C)  THE  COMMISSIONER OF EDUCATION SHALL EVALUATE EACH GRANT APPLICA-
    8  TION ON THE BASIS OF  CRITERIA,  INCLUDING,  BUT  NOT  LIMITED  TO:  THE
    9  PERCENTAGE  OF  A SCHOOL DISTRICT'S PUPILS ENROLLED IN A CHARTER SCHOOL;
   10  THE IMPACT OF CHARTER SCHOOL FUNDING ON DISTRICT GENERAL  FUND  EXPENSE;
   11  AND THE RESULTANT LOCAL TAX IMPACT.
   12    3.    THE  COMMISSIONER  OF TAXATION AND FINANCE SHALL APPORTION FUNDS
   13  FROM THE CHARTER SCHOOLS STIMULUS FUND TO A CHARTER SCHOOL IN AN  AMOUNT
   14  PER  PUPIL  EQUAL  TO THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (A) OF
   15  SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THE  EDUCA-
   16  TION  LAW  FOR  EACH RESIDENT PUPIL ENROLLED IN A CHARTER SCHOOL WHO WAS
   17  ENROLLED IN A NON-PUBLIC SCHOOL IN THE YEAR PRIOR TO  ENROLLING  IN  THE
   18  CHARTER  SCHOOL  FOR THE FIRST THREE YEARS OF SUCH PUPIL'S ENROLLMENT IN
   19  SUCH CHARTER SCHOOL.
   20    S 9. The state finance law is  amended  by  adding  two  new  sections
   21  97-llll and 97-qqqq to read as follows:
   22    S  97-LLLL. CHARTER SCHOOLS TRANSITION FUND. 1. THERE IS HEREBY ESTAB-
   23  LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
   24  AND  THE COMPTROLLER, A FUND TO BE KNOWN AS THE "CHARTER SCHOOLS TRANSI-
   25  TION FUND".
   26    2. SUCH FUND SHALL CONSIST OF ALL MONIES MADE  AVAILABLE  PURSUANT  TO
   27  APPROPRIATION  FOR  THIS  PURPOSE,  ALL  MONEYS TRANSFERRED TO SUCH FUND
   28  PURSUANT TO LAW, AND GRANTS, GIFTS AND DEVISES AND  DONATIONS  FROM  ANY
   29  PUBLIC  OR PRIVATE SOURCE. THE PURPOSE OF THE FUND IS TO PROVIDE TRANSI-
   30  TION AID OVER  A  THREE-YEAR  PERIOD,  AS  CALCULATED  PURSUANT  TO  THE
   31  PROVISIONS  OF  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
   32  HUNDRED FIFTY-SIX OF THE EDUCATION LAW, TO LOCAL SCHOOL DISTRICTS  WHICH
   33  HAVE  RESIDENT  PUPILS ATTENDING CHARTER SCHOOLS TO LESSEN THE FINANCIAL
   34  IMPACT ON THE LOCAL SCHOOL DISTRICT.
   35    3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR SUCH  TRANSITION  AID
   36  TO LOCAL SCHOOL DISTRICTS WHICH HAVE RESIDENT PUPILS ENROLLED IN A CHAR-
   37  TER SCHOOL.
   38    4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
   39  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
   40  OF TAXATION AND FINANCE.
   41    S  97-QQQQ.  DISTRESSED SCHOOL DISTRICT GRANT FUND. 1. THERE IS HEREBY
   42  ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
   43  FINANCE  AND  THE  COMPTROLLER,  A  FUND  TO BE KNOWN AS THE "DISTRESSED
   44  SCHOOL DISTRICT GRANT FUND".
   45    2. SUCH FUND SHALL CONSIST OF ALL MONIES MADE  AVAILABLE  PURSUANT  TO
   46  APPROPRIATION  FOR  THIS  PURPOSE,  ALL  MONEYS TRANSFERRED TO SUCH FUND
   47  PURSUANT TO LAW, AND GRANTS, GIFTS AND DEVISES AND  DONATIONS  FROM  ANY
   48  PUBLIC  OR  PRIVATE SOURCE. THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS
   49  TO LOCAL SCHOOL DISTRICTS WHICH HAVE RESIDENT PUPILS ENROLLED IN CHARTER
   50  SCHOOLS TO LESSEN THE FINANCIAL IMPACT ON THE LOCAL SCHOOL DISTRICT.
   51    3. EACH SCHOOL DISTRICT WHICH SEEKS A DISTRESSED SCHOOL DISTRICT GRANT
   52  MAY SUBMIT AN APPLICATION FOR FUNDS PURSUANT TO GUIDELINES TO BE  ESTAB-
   53  LISHED BY THE COMMISSIONER OF EDUCATION.
   54    4. THE COMMISSIONER OF EDUCATION SHALL EVALUATE EACH GRANT APPLICATION
   55  ON  THE BASIS OF CRITERIA, INCLUDING, BUT NOT LIMITED TO: THE PERCENTAGE
   56  OF A SCHOOL DISTRICT'S PUPILS ENROLLED IN A CHARTER SCHOOL;  THE  IMPACT
       A. 5709                            11
    1  OF  THE CHARTER SCHOOL FUNDING ON DISTRICT GENERAL FUND EXPENSE; AND THE
    2  RESULTANT LOCAL TAX IMPACT.
    3    5. THE COMMISSIONER OF EDUCATION, PURSUANT TO THE CRITERIA ESTABLISHED
    4  IN  SUBDIVISION  FOUR  OF  THIS  SECTION,  MAY  CERTIFY THAT SUCH SCHOOL
    5  DISTRICT'S FINANCIAL SITUATION HAS BECOME DISTRESSED AS  THE  RESULT  OF
    6  THE  OPERATION  OF A CHARTER SCHOOL. UPON CERTIFICATION, THE COMPTROLLER
    7  SHALL AWARD GRANTS TO THE DISTRESSED DISTRICT IN AN AMOUNT  TO  MITIGATE
    8  SUCH  FINANCIAL  DISTRESS  OF  THE  AFFECTED SCHOOL DISTRICT ON VOUCHERS
    9  APPROVED AND CERTIFIED BY THE COMMISSIONER OF TAXATION AND FINANCE.
   10    S 10. Subparagraphs (xiii) and (xiv) of paragraph (a) of subdivision 1
   11  of section 922 of the real property tax law, as amended by section 5  of
   12  part  B  of  chapter  389  of the laws of 1997 and subparagraph (xiv) as
   13  further amended by section 1 of part W of chapter  56  of  the  laws  of
   14  2010,  are  amended  and  a  new  subparagraph  (xv) is added to read as
   15  follows:
   16    (xiii) such other information as may be prescribed by law; [and]
   17    (xiv) if, not later than ten days after the filing  of  the  preceding
   18  tentative  assessment  roll,  the assessing unit mailed to each owner of
   19  taxable real property a notice in a form prescribed by the  commissioner
   20  containing the information described by subparagraphs (iii) and (xii) of
   21  this  paragraph  (excluding the taxes due on the parcel and the tax rate
   22  for each taxing purpose), the statement of taxes need  not  include  the
   23  information prescribed by subparagraph (xii) of this paragraph[.]; AND
   24    (XV)  A  STATEMENT SETTING FORTH THE AMOUNT OF TAXES LEVIED THAT SHALL
   25  BE APPLIED OR THAT ARE PROJECTED TO BE APPLIED TO THE PAYMENT OF CHARTER
   26  SCHOOLS.
   27    S 11. Subdivision 1 of section 1338 of the real property tax  law,  as
   28  added by chapter 953 of the laws of 1962, is amended to read as follows:
   29    1.  Upon  receipt  of the tax roll and warrant, the collecting officer
   30  shall mail to each owner of property  listed  thereon,  a  statement  of
   31  taxes  as  provided by law.  SUCH STATEMENT SHALL INCLUDE, BUT SHALL NOT
   32  BE LIMITED TO, INFORMATION REQUIRED PURSUANT  TO  SUBPARAGRAPH  (XV)  OF
   33  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION NINE HUNDRED TWENTY-TWO OF
   34  THIS CHAPTER.
   35    S 12. This act shall take effect on the first of July next  succeeding
   36  the  date  on which it shall have become a law, provided that the amend-
   37  ments to subdivision 1 of section 2856 of  the  education  law  made  by
   38  section six of this act shall not affect the expiration of such subdivi-
   39  sion and shall expire therewith.
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