New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.1 - Financing of charter schools

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Purpose. In the event of the failure of a school district to make payments to a
				  charter school as required by section 2856  of the Education Law, the commissioner
				  shall certify the amount of the unpaid obligation to the comptroller to be
				  deducted from any State aid payments which become due to such school district.
				  The amount of each school district's obligation shall be calculated in
				  accordance with this section.
(b)
				  Definitions. For the purposes of this section:
(1) Legally absent means to be absent for:
				  personal illness, illness or death in the family, impassable roads or weather,
				  religious observance, quarantine, required court appearances, attendance at
				  health clinics, approved college visits, military obligations, disciplinary
				  detention of an incarcerated youth, or for such other reasons as may be
				  approved by the commissioner.
(2)
				  Period of enrollment means that period commencing on the first day of the
				  school year that a pupil is enrolled in and is physically present at, or
				  legally absent from, an educational program or service of a charter school and
				  ending on the last day of the school year that such pupil is so enrolled and
				  physically present at, or legally absent from, such program or
				  service.
(3) Enrollment for each
				  charter school student shall mean the quotient, calculated to three decimals
				  without rounding, obtained when the total number of weeks of the period of
				  enrollment of such student is divided by the total number of weeks in the full
				  school year of the educational program or service of the charter school. For
				  the purposes of this section, three consecutive days of enrollment within the
				  same week and within the same month shall be the equivalent of one week of
				  enrollment, provided that no more than four weeks of enrollment may be counted
				  in any calendar month.
(4) Levels
				  of service shall mean the categories of programs for students with disabilities
				  specified in section 3602 (19)(b)(1)-(4)  of the
				  Education Law.
(5) Approved
				  operating expense shall mean the amount calculated pursuant to section 3602 (11)  of the Education
				  Law.
(6) Expense per pupil shall
				  mean the amount calculated pursuant to section 3602 (1)(f)  of the
				  Education Law for the school district using year prior to the base year
				  expenditures and pupils, as established by the commissioner based on the
				  electronic data file prepared by the commissioner on May 15th of the base year
				  pursuant to section 305 (21)(b)  of the Education
				  Law. Where the expense per pupil is not available for a school district, the
				  expense per pupil shall be deemed to be the average expense per pupil for the
				  county in which the school district is located.
(7) Adjusted expense per pupil shall be the
				  district's expense per pupil increased by the percent change in the State total
				  approved operating expense calculated pursuant to section 3602 (11)  of the Education
				  Law from two years prior to the base year to the base year, as established by
				  the commissioner based on the electronic data file prepared by the commissioner
				  on May 15th of the base year pursuant to section 305 (21)(b)  of the Education
				  Law.
(8) State aid attributable to
				  a student with a disability attending a charter school shall mean the sum of
				  excess cost aid payable to a public school district pursuant to section 3602 (19)(4)  of the
				  Education Law based on the resident weighted enrollment in the charter school
				  of pupils with disabilities receiving special services or programs provided
				  directly or indirectly by the charter school in the current school year and any
				  apportionment payable to such public school district pursuant to paragraph 5 of
				  such subdivision 19 of the Education Law that is based on the cost of special
				  services or programs provided directly or indirectly by the charter school to
				  such pupil in the current school year. Excess cost aid for the purposes of this
				  section shall equal the product of excess cost aid per pupil calculated
				  pursuant to section 3602 (19)(3)  of the
				  Education Law, the proportion of the weighting attributable to the student's
				  level of service provided directly or indirectly by the charter school pursuant
				  to section 3602 (19)(b)(1)-(4)  of the
				  Education Law, and the student's enrollment in such charter school in the
				  current school year.
(9) Federal
				  aid attributable to a student with a disability attending a charter school, and
				  receiving special education services or programs provided directly or
				  indirectly by the charter school, shall mean:
(i) for the first year of operation of the
				  charter school, the allocation that would be attributable to the charter school
				  pursuant to
				  20
				  U.S.C. 1411 and
				  1419 (United
				  States Code, 1994 edition, Supplement III, Volume 2; Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 1998 -
				  available at the Office of Vocational and Educational Services for Individuals
				  with Disabilities, Room 1624, One Commerce Plaza, Albany, NY 12234) for a pupil
				  who is identified as a student with a disability, as such term is defined in
				  section
				  200.1  of this Title,
				  who is included in a report to the commissioner of pupils so identified as of
				  December 1st of the current school year, or for such other pupil count as
				  specified by the Federal government for the current school year, provided that
				  the enrollment of such students in the charter school during the current school
				  year shall be used for this purpose until such report, or a report of such
				  other pupil count, has been received by the commissioner; and
(ii) for the second year of operation of the
				  charter school and thereafter, the allocation that would be attributable to the
				  charter school pursuant to
				  20
				  U.S.C. 1411 and
				  1419 (United
				  States Code, 1994 edition, Supplement III, Volume 2; Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 1998 -
				  available at the Office of Vocational and Educational Services for Individuals
				  with Disabilities, Room 1624, One Commerce Plaza, Albany, NY 12234) for a pupil
				  who is identified as a student with a disability, as such term is defined in
				  section
				  200.1  of this Title,
				  who is included in a report to the commissioner of pupils so identified as of
				  December 1st of the base year, or for such other pupil count as specified by
				  the Federal government.