§ 2856 — Financing of charter schools

§ 2856. Financing of charter schools. * 1. (a) The enrollment of\nstudents attending charter schools shall be included in the enrollment,\nattendance, membership and, if applicable, count of students with\ndisabilities of the school district in which the pupil resides. The\ncharter school shall report all such data to the school districts of\nresidence in a timely manner. Each school district shall report such\nenrollment, attendance and count of students with disabilities to the\ndepartment. The school district of residence shall pay directly to the\ncharter school for each student enrolled in the charter school who\nresides in the school district the charter school basic tuition, which\nshall be:\n (i) for school years prior to the two thousand nine--two thousand ten\nschool year, an amount equal to one hundred percent of the amount\ncalculated pursuant to paragraph f of subdivision one of section\nthirty-six hundred two of this chapter for the school district for the\nyear prior to the base year increased by the percentage change in the\nstate total approved operating expense calculated pursuant to paragraph\nt of subdivision one of section thirty-six hundred two of this chapter\nfrom two years prior to the base year to the base year;\n (ii) for the two thousand nine--two thousand ten school year, the\ncharter school basic tuition shall be the amount payable by such\ndistrict as charter school basic tuition for the two thousand eight--two\nthousand nine school year;\n (iii) for the two thousand ten--two thousand eleven through two\nthousand thirteen--two thousand fourteen school years, the charter\nschool basic tuition shall be the basic tuition computed for the two\nthousand ten--two thousand eleven school year pursuant to the provisions\nof subparagraph (i) of this paragraph;\n (iv) for the two thousand fourteen--two thousand fifteen, two thousand\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\nseventeen school years, the charter school basic tuition shall be the\nsum of the lesser of the charter school basic tuition computed for the\ntwo thousand ten--two thousand eleven school year pursuant to the\nprovisions of subparagraph (i) of this paragraph or the charter school\nbasic tuition computed for the current year pursuant to the provisions\nof subparagraph (i) of this paragraph plus the supplemental basic\ntuition;\n (v) for the two thousand seventeen--two thousand eighteen school year,\nthe charter school basic tuition shall be the sum of (A) the charter\nschool basic tuition for the two thousand sixteen--two thousand\nseventeen school year plus (B) five hundred dollars;\n (vi) for the two thousand eighteen--two thousand nineteen school year,\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year five years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year, provided\nthat the highest and lowest annual quotients shall be excluded from the\ncalculation of such average or (B) the quotient of the total general\nfund expenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n (vii) for the two thousand nineteen--two thousand twenty school year\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year three years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year provided\nthat the highest annual quotient calculated pursuant to this\nsubparagraph shall be replaced by the average quotient calculated\npursuant to subparagraph (vi) of this paragraph or (B) the quotient of\nthe total general fund expenditures for the school district calculated\npursuant to an electronic data file created for the purpose of\ncompliance with paragraph b of subdivision twenty-one of section three\nhundred five of this chapter published annually on May fifteenth for the\nyear prior to the base year divided by the total estimated public\nenrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (viii) for the two thousand twenty--two thousand twenty-one and two\nthousand twenty-one--two thousand twenty-two school years, the charter\nschool basic tuition shall be the lesser of (A) the product of (i) the\ncharter school basic tuition calculated for the base year multiplied by\n(ii) the average of the quotients for each school year in the period\ncommencing with the year three years prior to the base year and\nfinishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year multiplied\nby, for the two thousand twenty--two thousand twenty-one school year\nonly, (iii) nine hundred forty-five one-thousandths (0.945) or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (ix) for the two thousand twenty-two--two thousand twenty-three\nthrough two thousand twenty-four--two thousand twenty-five school years\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year four years prior to the base year\nand finishing with the year prior to the base year, excluding the two\nthousand twenty--two thousand twenty-one school year, of the total\napproved operating expense for such school district calculated pursuant\nto paragraph t of subdivision one of section thirty-six hundred two of\nthis chapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (x) for the two thousand twenty-five--two thousand twenty-six school\nyear and thereafter the charter school basic tuition shall be the lesser\nof (A) the product of (i) the charter school basic tuition calculated\nfor the base year multiplied by (ii) the average of the quotients for\neach school year in the period commencing with the year three years\nprior to the base year and finishing with the year prior to the base\nyear of the total approved operating expense for such school district\ncalculated pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this chapter for each such year divided by the\ntotal approved operating expense for such district for the immediately\npreceding year or (B) the quotient of the total general fund\nexpenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n For the purposes of this subdivision, the "supplemental basic tuition"\nshall be (A) for a school district for which the charter school basic\ntuition computed for the current year is greater than or equal to the\ncharter school basic tuition for the two thousand ten--two thousand\neleven school year pursuant to the provisions of subparagraph (i) of\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\nschool year two hundred and fifty dollars, and (2) for the two thousand\nfifteen--two thousand sixteen school year three hundred and fifty\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\nschool year five hundred dollars, and (4) for the two thousand\nseventeen--two thousand eighteen school year and thereafter, the sum of\n(i) the supplemental basic tuition calculated for the two thousand\nsixteen--two thousand seventeen school year plus (ii) five hundred\ndollars, and (B) for school years prior to the two thousand\nseventeen--two thousand eighteen school year, for a school district for\nwhich the charter school basic tuition for the two thousand ten--two\nthousand eleven school year is greater than the charter school basic\ntuition for the current year pursuant to the provisions of subparagraph\n(i) of this paragraph, the positive difference of the charter school\nbasic tuition for the two thousand ten--two thousand eleven school year\nminus the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph and (C) for school\nyears following the two thousand sixteen--two thousand seventeen school\nyears, for a school district for which the charter school basic tuition\nfor the two thousand ten--two thousand eleven school year is greater\nthan the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph, the sum of (i) the\nsupplemental basic tuition calculated for the two thousand sixteen--two\nthousand seventeen school year plus (ii) five hundred dollars.\n (b) The school district shall also pay directly to the charter school\nany federal or state aid attributable to a student with a disability\nattending charter school in proportion to the level of services for such\nstudent with a disability that the charter school provides directly or\nindirectly. Notwithstanding anything in this section to the contrary,\namounts payable pursuant to this subdivision from state or local funds\nmay be reduced pursuant to an agreement between the school and the\ncharter entity set forth in the charter. Payments made pursuant to this\nsubdivision shall be made by the school district in six substantially\nequal installments each year beginning on the first business day of July\nand every two months thereafter. Amounts payable under this subdivision\nshall be determined by the commissioner. Amounts payable to a charter\nschool in its first year of operation shall be based on the projections\nof initial-year enrollment set forth in the charter until actual\nenrollment data is reported to the school district by the charter\nschool. Such projections shall be reconciled with the actual enrollment\nas actual enrollment data is so reported and at the end of the school's\nfirst year of operation and each subsequent year based on a final report\nof actual enrollment by the charter school, and any necessary\nadjustments resulting from such final report shall be made to payments\nduring the school's following year of operation.\n (c) Notwithstanding any other provision of this subdivision to the\ncontrary, payment of the federal aid attributable to a student with a\ndisability attending a charter school shall be made in accordance with\nthe requirements of section 8065-a of title twenty of the United States\ncode and sections 76.785-76.799 and 300.209 of title thirty-four of the\ncode of federal regulations.\n (d) School districts shall be eligible for an annual apportionment\nequal to the amount of the supplemental basic tuition for the charter\nschool in the base year for the expenses incurred in the two thousand\nfourteen--two thousand fifteen, two thousand fifteen--two thousand\nsixteen, two thousand sixteen--two thousand seventeen school years and\nthereafter. Provided that for expenses incurred in the two thousand\ntwenty--two thousand twenty-one school year, for a city school district\nin a city having a population of one million or more, the annual\napportionment shall be reduced by thirty-five million dollars\n($35,000,000) upon certification by the director of the budget of the\navailability of a grant in the same amount from the elementary and\nsecondary school emergency relief funds provided through the American\nrescue plan act of 2021 (P.L. 117-2). Provided further that for expenses\nincurred in the two thousand twenty-three--two thousand twenty-four\nschool year, for a city school district in a city having a population of\none million or more, the annual apportionment shall be reduced by\nthirty-five million dollars ($35,000,000) upon certification by the\ndirector of the budget of the availability of a grant in the same amount\nfrom the elementary and secondary school emergency relief funds provided\nthrough the American rescue plan act of 2021 (P.L. 117-2).\n * NB Effective until June 30, 2027\n * 1. (a) The enrollment of students attending charter schools shall be\nincluded in the enrollment, attendance and, if applicable, count of\nstudents with disabilities of the school district in which the pupil\nresides. The charter school shall report all such data to the school\ndistricts of residence in a timely manner. Each school district shall\nreport such enrollment, attendance and count of students with\ndisabilities to the department. The school district of residence shall\npay directly to the charter school for each student enrolled in the\ncharter school who resides in the school district the charter school\nbasic tuition which shall be:\n (i) for school years prior to the two thousand nine--two thousand ten\nschool year, an amount equal to one hundred percent of the amount\ncalculated pursuant to paragraph f of subdivision one of section\nthirty-six hundred two of this chapter for the school district for the\nyear prior to the base year increased by the percentage change in the\nstate total approved operating expense calculated pursuant to paragraph\nt of subdivision one of section thirty-six hundred two of this chapter\nfrom two years prior to the base year to the base year;\n (ii) for the two thousand nine--two thousand ten school year, the\ncharter school basic tuition shall be the amount payable by such\ndistrict as charter school basic tuition for the two thousand eight--two\nthousand nine school year;\n (iii) for the two thousand ten--two thousand eleven through two\nthousand thirteen--two thousand fourteen school years, the charter\nschool basic tuition shall be the basic tuition computed for the two\nthousand ten--two thousand eleven school year pursuant to the provisions\nof subparagraph (i) of this paragraph;\n (iv) for the two thousand fourteen--two thousand fifteen, two thousand\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\nseventeen school years, the charter school basic tuition shall be the\nsum of the lesser of the charter school basic tuition computed for the\ntwo thousand ten--two thousand eleven school year pursuant to the\nprovisions of subparagraph (i) of this paragraph or the charter school\nbasic tuition computed for the current year pursuant to the provisions\nof subparagraph (i) of this paragraph plus the supplemental basic\ntuition;\n (v) for the two thousand seventeen--two thousand eighteen school year,\nthe charter school basic tuition shall be the sum of (A) the charter\nschool basic tuition for the two thousand sixteen--two thousand\nseventeen school year plus (B) five hundred dollars;\n (vi) for the two thousand eighteen--two thousand nineteen school year,\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year five years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year, provided\nthat the highest and lowest annual quotients shall be excluded from the\ncalculation of such average or (B) the quotient of the total general\nfund expenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n (vii) for the two thousand nineteen--two thousand twenty school year\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year three years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year provided\nthat the highest annual quotient calculated pursuant to this\nsubparagraph shall be replaced by the average quotient calculated\npursuant to subparagraph (vi) of this paragraph or (B) the quotient of\nthe total general fund expenditures for the school district calculated\npursuant to an electronic data file created for the purpose of\ncompliance with paragraph b of subdivision twenty-one of section three\nhundred five of this chapter published annually on May fifteenth for the\nyear prior to the base year divided by the total estimated public\nenrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (viii) for the two thousand twenty--two thousand twenty-one and two\nthousand twenty-one--two thousand twenty-two school years, the charter\nschool basic tuition shall be the lesser of (A) the product of (i) the\ncharter school basic tuition calculated for the base year multiplied by\n(ii) the average of the quotients for each school year in the period\ncommencing with the year three years prior to the base year and\nfinishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year multiplied\nby, for the two thousand twenty--two thousand twenty-one school year\nonly, (iii) nine hundred forty-five one-thousandths (0.945) or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (ix) for the two thousand twenty-two--two thousand twenty-three\nthrough two thousand twenty-four--two thousand twenty-five school years\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year four years prior to the base year\nand finishing with the year prior to the base year, excluding the two\nthousand twenty--two thousand twenty-one school year, of the total\napproved operating expense for such school district calculated pursuant\nto paragraph t of subdivision one of section thirty-six hundred two of\nthis chapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n (x) for the two thousand twenty-five--two thousand twenty-six school\nyear and thereafter the charter school basic tuition shall be the lesser\nof (A) the product of (i) the charter school basic tuition calculated\nfor the base year multiplied by (ii) the average of the quotients for\neach school year in the period commencing with the year three years\nprior to the base year and finishing with the year prior to the base\nyear of the total approved operating expense for such school district\ncalculated pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this chapter for each such year divided by the\ntotal approved operating expense for such district for the immediately\npreceding year or (B) the quotient of the total general fund\nexpenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n For the purposes of this subdivision, the "supplemental basic tuition"\nshall be (A) for a school district for which the charter school basic\ntuition computed for the current year is greater than or equal to the\ncharter school basic tuition for the two thousand ten--two thousand\neleven school year pursuant to the provisions of subparagraph (i) of\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\nschool year two hundred and fifty dollars, and (2) for the two thousand\nfifteen--two thousand sixteen school year three hundred and fifty\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\nschool year five hundred dollars, and (4) for the two thousand\nseventeen--two thousand eighteen school year and thereafter, the sum of\n(i) the supplemental basic tuition calculated for the two thousand\nsixteen--two thousand seventeen school year plus (ii) five hundred\ndollars, and (B) for school years prior to the two thousand\nseventeen--two thousand eighteen school year, for a school district for\nwhich the charter school basic tuition for the two thousand ten--two\nthousand eleven school year is greater than the charter school basic\ntuition for the current year pursuant to the provisions of subparagraph\n(i) of this paragraph, the positive difference of the charter school\nbasic tuition for the two thousand ten--two thousand eleven school year\nminus the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph and (C) for school\nyears following the two thousand sixteen--two thousand seventeen school\nyears, for a school district for which the charter school basic tuition\nfor the two thousand ten--two thousand eleven school year is greater\nthan the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph, the sum of (i) the\nsupplemental basic tuition calculated for the two thousand sixteen--two\nthousand seventeen school year plus (ii) five hundred dollars.\n (b) The school district shall also pay directly to the charter school\nany federal or state aid attributable to a student with a disability\nattending charter school in proportion to the level of services for such\nstudent with a disability that the charter school provides directly or\nindirectly. Notwithstanding anything in this section to the contrary,\namounts payable pursuant to this subdivision may be reduced pursuant to\nan agreement between the school and the charter entity set forth in the\ncharter. Payments made pursuant to this subdivision shall be made by the\nschool district in six substantially equal installments each year\nbeginning on the first business day of July and every two months\nthereafter. Amounts payable under this subdivision shall be determined\nby the commissioner. Amounts payable to a charter school in its first\nyear of operation shall be based on the projections of initial-year\nenrollment set forth in the charter. Such projections shall be\nreconciled with the actual enrollment at the end of the school's first\nyear of operation, and any necessary adjustments shall be made to\npayments during the school's second year of operation.\n (c) School districts shall be eligible for an annual apportionment\nequal to the amount of the supplemental basic tuition for the charter\nschool in the base year for the expenses incurred in the two thousand\nfourteen--two thousand fifteen, two thousand fifteen--two thousand\nsixteen, two thousand sixteen--two thousand seventeen school years and\nthereafter. Provided that for expenses incurred in the two thousand\ntwenty--two thousand twenty-one school year, for a city school district\nin a city having a population of one million or more, the annual\napportionment shall be reduced by thirty-five million dollars\n($35,000,000) upon certification by the director of the budget of the\navailability of a grant in the same amount from the elementary and\nsecondary school emergency relief funds provided through the American\nrescue plan act of 2021 (P.L. 117-2). Provided further that for expenses\nincurred in the two thousand twenty-three--two thousand twenty-four\nschool year, for a city school district in a city having a population of\none million or more, the annual apportionment shall be reduced by\nthirty-five million dollars ($35,000,000) upon certification by the\ndirector of the budget of the availability of a grant in the same amount\nfrom the elementary and secondary school emergency relief funds provided\nthrough the American rescue plan act of 2021 (P.L. 117-2).\n * NB Effective June 30, 2027\n 2. In the event of the failure of the school district to make payments\nrequired by this section, the state comptroller shall deduct from any\nstate funds which become due to such school district an amount equal to\nthe unpaid obligation. The comptroller shall pay over such sum to the\ncharter school upon certification of the commissioner. The commissioner\nshall promulgate regulations to implement the provisions of this\nsubdivision.\n 3. Nothing in this article shall be construed to prohibit any person\nor organization from providing funding or other assistance to the\nestablishment or operation of a charter school. The board of trustees of\na charter school is authorized to accept gifts, donations or grants of\nany kind made to the charter school and to expend or use such gifts,\ndonations or grants in accordance with the conditions prescribed by the\ndonor; provided, however, that no gift, donation or grant may be\naccepted if subject to a condition that is contrary to any provision of\nlaw or term of the charter.\n