Relates to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2009

2 Co-sponsors

• Ruth Hassell-Thompson
• George Onorato

Title of bill

An act to amend the education law, in relation to suspending the granting of charters for proposed charter schools not acted upon prior to April 1, 2009; and providing for the repeal of such provisions upon expiration thereof

Summary of provisions

Notwithstanding any other provision of this article to the contrary, on and after April 1, 2009 no application to establish a charter school shall be accepted or acted upon by a charter school granting entity. Provided, further, that a proposed charter school that has been granted a charter and has not commenced classes prior to August 31, 2009 shall have such charter revoked and no further action shall be taken by a charter granting entity on such application.

Justification

Due to a devastating fiscal crisis not seen since the Great Depression, New York state faces staggering budget gaps for the foreseeable future. Furthermore, local governments face the prospect of reduced state revenue sharing and local school districts face significantly reduced education aid, putting even greater pressure on beleaguered property taxpayers. Chapter 4 of the laws of 1998, which enacted the state's charter school law, created a funding scheme that requires the public school district of a student who enrolls in a charter school to pay the charter school 100% of the district's prior year average approved per pupil operating expense. School property taxes are by far the highest local tax burden for New York State residents and redirecting precious resources at a time of fiscal crisis will place additional burdens on local taxpayers. Moreover, charter schools have primarily been established in urban areas that face eroding tax bases and declining populations Small city school districts are especially hit hard by the establishment of charter schools. Therefore it is in the best interest of students and taxpayers throughout New York State to suspend the charter school application process. Furthermore, a proposed charter school shall have its charter revoked if it has not commenced classes prior to August 31, 2009.

Legislative history

2007/2008: S.798A Remained in the Senate Committee on Education 2005/2006: S.1407A/A.2636A Remained in the Senate Education Committee

Fiscal implications

None.

EFFECTIVE DATE :. This act shall take effect April 1, 2009 and shall expire April 1, 2011 when upon such date the provisions of this act shall be deemed to be repealed.