2023 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 (P.L. 117-2). Provided further that for expenses
incurred in the  two  thousand  twenty-three--two  thousand  twenty-four
school year, for a city school district in a city having a population of
one  million  or  more,  the  annual  apportionment  shall be reduced by
thirty-five million dollars  ($35,000,000)  upon  certification  by  the
director of the budget of the availability of a grant in the same amount
from the elementary and secondary school emergency relief funds provided
through the American rescue plan act of 2021 (P.L. 117-2).
* 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 (P.L. 117-2). Provided further that for expenses
incurred  in  the  two  thousand  twenty-three--two thousand twenty-four
school year, for a city school district in a city having a population of
one million or more,  the  annual  apportionment  shall  be  reduced  by
thirty-five  million  dollars  ($35,000,000)  upon  certification by the
director of the budget of the availability of a grant in the same amount
from the elementary and secondary school emergency relief funds provided
through the American rescue plan act of 2021 (P.L. 117-2).
* 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.