STATE OF NEW YORK ________________________________________________________________________ 4698 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. HUNTER, MAGNARELLI -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to payments made by school districts to charter schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 2856 of the 2 education law, as amended by section 4 of part YYY of chapter 59 of the 3 laws of 2017, is amended to read as follows: 4 (b) The school district shall also pay directly to the charter school 5 any federal or state aid attributable to a student with a disability 6 attending charter school in proportion to the level of services for such 7 student with a disability that the charter school provides directly or 8 indirectly. Notwithstanding anything in this section to the contrary, 9 amounts payable pursuant to this subdivision from state or local funds 10 may be reduced pursuant to an agreement between the school and the char- 11 ter entity set forth in the charter. Payments made pursuant to this 12 subdivision shall be made by the school district [in six substantially 13 equal installments each year beginning on the first business day of July 14 and every two months thereafter] each quarter, at the time and in the 15 same proportion the school district receives its state aid. Amounts 16 payable under this subdivision shall be determined by the commissioner. 17 Amounts payable to a charter school in its first year of operation shall 18 be based on the projections of initial-year enrollment set forth in the 19 charter until actual enrollment data is reported to the school district 20 by the charter school. Such projections shall be reconciled with the 21 actual enrollment as actual enrollment data is so reported and at the 22 end of the school's first year of operation and each subsequent year 23 based on a final report of actual enrollment by the charter school, and 24 any necessary adjustments resulting from such final report shall be made 25 to payments during the school's following year of operation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05803-01-5
A. 4698 2 1 § 2. Paragraph (b) of subdivision 1 of section 2856 of the education 2 law, as amended by section 4-a of part YYY of chapter 59 of the laws of 3 2017, is amended to read as follows: 4 (b) The school district shall also pay directly to the charter school 5 any federal or state aid attributable to a student with a disability 6 attending charter school in proportion to the level of services for such 7 student with a disability that the charter school provides directly or 8 indirectly. Notwithstanding anything in this section to the contrary, 9 amounts payable pursuant to this subdivision may be reduced pursuant to 10 an agreement between the school and the charter entity set forth in the 11 charter. Payments made pursuant to this subdivision shall be made by the 12 school district [in six substantially equal installments each year 13 beginning on the first business day of July and every two months there- 14 after] each quarter, at the time and in the same proportion the school 15 district receives its state aid. Amounts payable under this subdivision 16 shall be determined by the commissioner. Amounts payable to a charter 17 school in its first year of operation shall be based on the projections 18 of initial-year enrollment set forth in the charter. Such projections 19 shall be reconciled with the actual enrollment at the end of the 20 school's first year of operation, and any necessary adjustments shall be 21 made to payments during the school's second year of operation. 22 § 3. This act shall take effect on the first of July next succeeding 23 the date upon which it shall have become a law, provided that the amend- 24 ments to paragraph (b) of subdivision 1 of section 2856 of the education 25 law made by section one of this act shall be subject to the expiration 26 and reversion of such subdivision pursuant to subdivision d of section 27 27 of chapter 378 of the laws of 2007, as amended, when upon such date 28 the provisions of section two of this act shall take effect.