NY Educ L § 2856 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 56 - Charter Schools 2856 - Financing of Charter Schools.

§  2856.  Financing  of  charter  schools.  * 1. (a) The enrollment of students attending charter schools shall be included in the  enrollment, attendance,  membership  and,  if  applicable,  count  of  students with disabilities of the school district in  which  the  pupil  resides.  The charter  school  shall  report  all such data to the school districts of residence in a timely manner. Each school  district  shall  report  such enrollment,  attendance  and  count of students with disabilities to the department. The school district of residence shall pay directly  to  the charter  school  for  each  student  enrolled  in the charter school who resides in the school district the charter school basic  tuition,  which shall be:  (i)  for school years prior to the two thousand nine--two thousand ten school year, an amount equal  to  one  hundred  percent  of  the  amount calculated  pursuant  to  paragraph  f  of  subdivision  one  of section thirty-six hundred two of this chapter for the school district  for  the year  prior  to  the base year increased by the percentage change in the state total approved operating expense calculated pursuant to  paragraph t  of  subdivision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year;  (ii) for the two thousand nine--two  thousand  ten  school  year,  the charter  school  basic  tuition  shall  be  the  amount  payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year;  (iii) for the  two  thousand  ten--two  thousand  eleven  through  two thousand  thirteen--two  thousand  fourteen  school  years,  the charter school basic tuition shall be the basic tuition  computed  for  the  two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph;  (iv) for the two thousand fourteen--two thousand fifteen, two thousand fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand seventeen school years, the charter school basic tuition  shall  be  the sum  of  the lesser of the charter school basic tuition computed for the two thousand ten--two  thousand  eleven  school  year  pursuant  to  the provisions  of  subparagraph (i) of this paragraph or the charter school basic tuition computed for the current year pursuant to  the  provisions of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic tuition;  (v) for the two thousand seventeen--two thousand eighteen school year, the charter school basic tuition shall be the sum  of  (A)  the  charter school   basic  tuition  for  the  two  thousand  sixteen--two  thousand seventeen school year plus (B) five hundred dollars;  (vi) for the two thousand eighteen--two thousand nineteen school year, the charter school basic tuition shall be the lesser of (A) the  product of  (i)  the  charter  school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year  in the  period  commencing  with the year five years prior to the base year and finishing with the year prior to the base year of the total approved operating expense  for  such  school  district  calculated  pursuant  to paragraph t of subdivision one of section thirty-six hundred two of this chapter  for  each  such  year  divided  by the total approved operating expense for such district for the immediately preceding  year,  provided that  the highest and lowest annual quotients shall be excluded from the calculation of such average or (B) the quotient  of  the  total  general fund  expenditures  for  the  school  district calculated pursuant to an electronic  data  file  created  for  the  purpose  of  compliance  with paragraph  b  of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year  prior  to the  base  year divided by the total estimated public enrollment for the  school district pursuant to paragraph n of subdivision  one  of  section thirty-six  hundred  two  of this chapter for the year prior to the base year.  (vii)  for  the two thousand nineteen--two thousand twenty school year the charter school basic tuition shall be the lesser of (A) the  product of  (i)  the  charter  school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year  in the  period  commencing with the year three years prior to the base year and finishing with the year prior to the base year of the total approved operating expense  for  such  school  district  calculated  pursuant  to paragraph t of subdivision one of section thirty-six hundred two of this chapter  for  each  such  year  divided  by the total approved operating expense for such district for the immediately  preceding  year  provided that   the   highest   annual   quotient  calculated  pursuant  to  this subparagraph shall  be  replaced  by  the  average  quotient  calculated pursuant  to  subparagraph (vi) of this paragraph or (B) the quotient of the total general fund expenditures for the school  district  calculated pursuant  to  an  electronic  data  file  created  for  the  purpose  of compliance with paragraph b of subdivision twenty-one of  section  three hundred five of this chapter published annually on May fifteenth for the year  prior  to  the  base  year  divided  by the total estimated public enrollment  for  the  school  district  pursuant  to  paragraph   n   of subdivision  one  of  section thirty-six hundred two of this chapter for the year prior to the base year.  (viii) for the two thousand twenty--two thousand  twenty-one  and  two thousand  twenty-one--two  thousand twenty-two school years, the charter school basic tuition shall be the lesser of (A) the product of  (i)  the charter  school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school  year  in  the  period commencing  with  the  year  three  years  prior  to  the  base year and finishing with the year prior to the base year  of  the  total  approved operating  expense  for  such  school  district  calculated  pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year  divided  by  the  total  approved  operating expense  for such district for the immediately preceding year multiplied by, for the two thousand twenty--two  thousand  twenty-one  school  year only,  (iii)  nine hundred forty-five one-thousandths (0.945) or (B) the quotient of the total general fund expenditures for the school  district calculated  pursuant  to an electronic data file created for the purpose of compliance with paragraph b  of  subdivision  twenty-one  of  section three  hundred  five of this chapter published annually on May fifteenth for the year prior to the base  year  divided  by  the  total  estimated public  enrollment  for  the  school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of  this  chapter  for the year prior to the base year.  (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three through two thousand twenty-four--two thousand twenty-five school  years the  charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated  for  the  base  year multiplied  by (ii) the average of the quotients for each school year in the period commencing with the year four years prior to  the  base  year and  finishing  with  the year prior to the base year, excluding the two thousand twenty--two thousand  twenty-one  school  year,  of  the  total approved  operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred  two  of this  chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year or (B)  the quotient  of the total general fund expenditures for the school district  calculated pursuant to an electronic data file created for  the  purpose of  compliance  with  paragraph  b  of subdivision twenty-one of section three hundred five of this chapter published annually on  May  fifteenth for  the  year  prior  to  the  base year divided by the total estimated public enrollment for the school district pursuant  to  paragraph  n  of subdivision  one  of  section thirty-six hundred two of this chapter for the year prior to the base year.  (x) for the two thousand twenty-five--two thousand  twenty-six  school year and thereafter the charter school basic tuition shall be the lesser of  (A)  the  product of (i) the charter school basic tuition calculated for the base year multiplied by (ii) the average of  the  quotients  for each  school  year  in  the  period commencing with the year three years prior to the base year and finishing with the year  prior  to  the  base year  of  the  total approved operating expense for such school district calculated pursuant  to  paragraph  t  of  subdivision  one  of  section thirty-six hundred two of this chapter for each such year divided by the total  approved  operating expense for such district for the immediately preceding  year  or  (B)  the  quotient  of  the  total   general   fund expenditures   for   the  school  district  calculated  pursuant  to  an electronic  data  file  created  for  the  purpose  of  compliance  with paragraph  b  of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year  prior  to the  base  year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision  one  of  section thirty-six  hundred  two  of this chapter for the year prior to the base year.   For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the  charter  school  basic tuition  computed  for  the current year is greater than or equal to the charter school basic tuition for  the  two  thousand  ten--two  thousand eleven  school  year  pursuant  to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand  fifteen school  year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen school  year  five  hundred  dollars,  and  (4)  for  the  two  thousand seventeen--two  thousand eighteen school year and thereafter, the sum of (i) the supplemental basic  tuition  calculated  for  the  two  thousand sixteen--two  thousand  seventeen  school  year  plus  (ii) five hundred dollars,  and  (B)  for  school  years  prior  to   the   two   thousand seventeen--two  thousand eighteen school year, for a school district for which the charter school basic tuition for  the  two  thousand  ten--two thousand  eleven  school  year  is greater than the charter school basic tuition for the current year pursuant to the provisions of  subparagraph (i)  of  this  paragraph,  the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school  year minus  the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph and (C) for  school years  following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic  tuition for  the  two  thousand  ten--two thousand eleven school year is greater than the charter school basic tuition for the current year  pursuant  to the provisions of subparagraph (i) of this paragraph, the sum of (i) the supplemental  basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars.  (b) The school district shall also pay directly to the charter  school any  federal  or  state  aid attributable to a student with a disability attending charter school in proportion to the level of services for such  student with a disability that the charter school provides  directly  or indirectly.  Notwithstanding  anything  in this section to the contrary, amounts payable pursuant to this subdivision from state or  local  funds may  be  reduced  pursuant  to  an  agreement between the school and the charter entity set forth in the charter. Payments made pursuant to  this subdivision  shall  be  made by the school district in six substantially equal installments each year beginning on the first business day of July and every two months thereafter. Amounts payable under this  subdivision shall  be  determined  by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the  projections of  initial-year  enrollment  set  forth  in  the  charter  until actual enrollment data is reported  to  the  school  district  by  the  charter school.  Such projections shall be reconciled with the actual enrollment as actual enrollment data is so reported and at the end of the  school's first year of operation and each subsequent year based on a final report of   actual   enrollment  by  the  charter  school,  and  any  necessary adjustments resulting from such final report shall be made  to  payments during the school's following year of operation.  (c)  Notwithstanding  any  other  provision of this subdivision to the contrary, payment of the federal aid attributable to a  student  with  a disability  attending  a charter school shall be made in accordance with the requirements of section 8065-a of title twenty of the United  States code  and sections 76.785-76.799 and 300.209 of title thirty-four of the code of federal regulations.  (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  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   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.   * NB Effective until June 30, 2024   * 1. (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance  and,  if  applicable,  count  of students  with  disabilities  of  the school district in which the pupil resides. The charter school shall report all such  data  to  the  school districts  of  residence  in a timely manner. Each school district shall report  such  enrollment,  attendance  and  count   of   students   with disabilities  to  the department. The school district of residence shall pay directly to the charter school for  each  student  enrolled  in  the charter  school  who  resides  in the school district the charter school basic tuition which shall be:  (i) for school years prior to the two thousand nine--two thousand  ten school  year,  an  amount  equal  to  one  hundred percent of the amount calculated pursuant  to  paragraph  f  of  subdivision  one  of  section thirty-six  hundred  two of this chapter for the school district for the year prior to the base year increased by the percentage  change  in  the state  total approved operating expense calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of  this  chapter from two years prior to the base year to the base year;  (ii)  for  the  two  thousand  nine--two thousand ten school year, the charter school basic  tuition  shall  be  the  amount  payable  by  such  district as charter school basic tuition for the two thousand eight--two thousand nine school year;  (iii)  for  the  two  thousand  ten--two  thousand  eleven through two thousand thirteen--two  thousand  fourteen  school  years,  the  charter school  basic  tuition  shall  be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph;  (iv) for the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen and  two  thousand  sixteen--two  thousand seventeen  school  years,  the charter school basic tuition shall be the sum of the lesser of the charter school basic tuition computed  for  the two  thousand  ten--two  thousand  eleven  school  year  pursuant to the provisions of subparagraph (i) of this paragraph or the  charter  school basic  tuition  computed for the current year pursuant to the provisions of subparagraph (i)  of  this  paragraph  plus  the  supplemental  basic tuition;  (v) for the two thousand seventeen--two thousand eighteen school year, the  charter  school  basic  tuition shall be the sum of (A) the charter school  basic  tuition  for  the  two  thousand  sixteen--two   thousand seventeen school year plus (B) five hundred dollars;  (vi) for the two thousand eighteen--two thousand nineteen school year, the  charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated  for  the  base  year multiplied  by (ii) the average of the quotients for each school year in the period commencing with the year five years prior to  the  base  year and finishing with the year prior to the base year of the total approved operating  expense  for  such  school  district  calculated  pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year  divided  by  the  total  approved  operating expense  for  such district for the immediately preceding year, provided that the highest and lowest annual quotients shall be excluded from  the calculation  of  such  average  or (B) the quotient of the total general fund expenditures for the school  district  calculated  pursuant  to  an electronic  data  file  created  for  the  purpose  of  compliance  with paragraph b of subdivision twenty-one of section three hundred  five  of this  chapter  published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment  for  the school  district  pursuant  to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior  to  the  base year.  (vii)  for  the two thousand nineteen--two thousand twenty school year the charter school basic tuition shall be the lesser of (A) the  product of  (i)  the  charter  school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year  in the  period  commencing with the year three years prior to the base year and finishing with the year prior to the base year of the total approved operating expense  for  such  school  district  calculated  pursuant  to paragraph t of subdivision one of section thirty-six hundred two of this chapter  for  each  such  year  divided  by the total approved operating expense for such district for the immediately  preceding  year  provided that   the   highest   annual   quotient  calculated  pursuant  to  this subparagraph shall  be  replaced  by  the  average  quotient  calculated pursuant  to  subparagraph (vi) of this paragraph or (B) the quotient of the total general fund expenditures for the school  district  calculated pursuant  to  an  electronic  data  file  created  for  the  purpose  of compliance with paragraph b of subdivision twenty-one of  section  three hundred five of this chapter published annually on May fifteenth for the year  prior  to  the  base  year  divided  by the total estimated public  enrollment  for  the  school  district  pursuant  to  paragraph   n   of subdivision  one  of  section thirty-six hundred two of this chapter for the year prior to the base year.  (viii)  for  the  two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years,  the  charter school  basic  tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated for the base year multiplied  by (ii)  the  average  of  the quotients for each school year in the period commencing with the  year  three  years  prior  to  the  base  year  and finishing  with  the  year  prior to the base year of the total approved operating expense  for  such  school  district  calculated  pursuant  to paragraph t of subdivision one of section thirty-six hundred two of this chapter  for  each  such  year  divided  by the total approved operating expense for such district for the immediately preceding year  multiplied by,  for  the  two  thousand twenty--two thousand twenty-one school year only, (iii) nine hundred forty-five one-thousandths (0.945) or  (B)  the quotient  of the total general fund expenditures for the school district calculated pursuant to an electronic data file created for  the  purpose of  compliance  with  paragraph  b  of subdivision twenty-one of section three hundred five of this chapter published annually on  May  fifteenth for  the  year  prior  to  the  base year divided by the total estimated public enrollment for the school district pursuant  to  paragraph  n  of subdivision  one  of  section thirty-six hundred two of this chapter for the year prior to the base year.  (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three through  two thousand twenty-four--two thousand twenty-five school years the charter school basic tuition shall be the lesser of (A) the  product of  (i)  the  charter  school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year  in the  period  commencing  with the year four years prior to the base year and finishing with the year prior to the base year,  excluding  the  two thousand  twenty--two  thousand  twenty-one  school  year,  of the total approved operating expense for such school district calculated  pursuant to  paragraph  t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved  operating expense  for such district for the immediately preceding year or (B) the quotient of the total general fund expenditures for the school  district calculated  pursuant  to an electronic data file created for the purpose of compliance with paragraph b  of  subdivision  twenty-one  of  section three  hundred  five of this chapter published annually on May fifteenth for the year prior to the base  year  divided  by  the  total  estimated public  enrollment  for  the  school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of  this  chapter  for the year prior to the base year.  (x)  for  the two thousand twenty-five--two thousand twenty-six school year and thereafter the charter school basic tuition shall be the lesser of (A) the product of (i) the charter school  basic  tuition  calculated for  the  base  year multiplied by (ii) the average of the quotients for each school year in the period commencing  with  the  year  three  years prior  to  the  base  year and finishing with the year prior to the base year of the total approved operating expense for  such  school  district calculated  pursuant  to  paragraph  t  of  subdivision  one  of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for  the  immediately preceding   year   or  (B)  the  quotient  of  the  total  general  fund expenditures  for  the  school  district  calculated  pursuant   to   an electronic  data  file  created  for  the  purpose  of  compliance  with paragraph b of subdivision twenty-one of section three hundred  five  of  this  chapter  published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment  for  the school  district  pursuant  to paragraph n of subdivision one of section thirty-six  hundred  two  of this chapter for the year prior to the base year.   For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the  charter  school  basic tuition  computed  for  the current year is greater than or equal to the charter school basic tuition for  the  two  thousand  ten--two  thousand eleven  school  year  pursuant  to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand  fifteen school  year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen school  year  five  hundred  dollars,  and  (4)  for  the  two  thousand seventeen--two  thousand eighteen school year and thereafter, the sum of (i) the supplemental basic  tuition  calculated  for  the  two  thousand sixteen--two  thousand  seventeen  school  year  plus  (ii) five hundred dollars,  and  (B)  for  school  years  prior  to   the   two   thousand seventeen--two  thousand eighteen school year, for a school district for which the charter school basic tuition for  the  two  thousand  ten--two thousand  eleven  school  year  is greater than the charter school basic tuition for the current year pursuant to the provisions of  subparagraph (i)  of  this  paragraph,  the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school  year minus  the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph and (C) for  school years  following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic  tuition for  the  two  thousand  ten--two thousand eleven school year is greater than the charter school basic tuition for the current year  pursuant  to the provisions of subparagraph (i) of this paragraph, the sum of (i) the supplemental  basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars.  (b) The school district shall also pay directly to the charter  school any  federal  or  state  aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides  directly  or indirectly.  Notwithstanding  anything  in this section to the contrary, amounts payable pursuant to this subdivision may be reduced pursuant  to an  agreement between the school and the charter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district  in  six  substantially  equal  installments  each  year beginning  on  the  first  business  day  of  July  and every two months thereafter. Amounts payable under this subdivision shall  be  determined by  the  commissioner.  Amounts payable to a charter school in its first year of operation shall be based  on  the  projections  of  initial-year enrollment   set  forth  in  the  charter.  Such  projections  shall  be reconciled with the actual enrollment at the end of the  school's  first year  of  operation,  and  any  necessary  adjustments  shall be made to payments during the school's second year of operation.  (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  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   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.   * NB Effective June 30, 2024   2. In the event of the failure of the school district to make payments required  by  this  section, the state comptroller shall deduct from any state funds which become due to such school district an amount equal  to the  unpaid  obligation.  The comptroller shall pay over such sum to the charter school upon certification of the commissioner. The  commissioner shall  promulgate  regulations  to  implement  the  provisions  of  this subdivision.   3. Nothing in this article shall be construed to prohibit  any  person or  organization  from  providing  funding  or  other  assistance to the establishment or operation of a charter school. The board of trustees of a charter school is authorized to accept gifts, donations or  grants  of any  kind  made  to  the charter school and to expend or use such gifts, donations or grants in accordance with the conditions prescribed by  the donor;  provided,  however,  that  no  gift,  donation  or  grant may be accepted if subject to a condition that is contrary to any provision  of law or term of the charter.