What's happening
This bill temporarily suspends approval of new charter schools in New York after April 1, 2019, and revokes inactive charters.
Why it matters
Redirects focus and resources to existing public schools. By suspending the creation of new charter schools and revoking inactive charters, the bill aims to prevent further diversion of funding from traditional public schools at a time when state and local budgets are under significant strain.
Addresses local tax burden and fiscal stability. The legislation is positioned as a response to concerns that charter schools increase financial pressure on local taxpayers, especially in communities already struggling with high property taxes and shrinking tax bases.
Targets urban and small city school districts. The bill highlights that charter schools have largely impacted urban and small city districts, which are described as particularly vulnerable to enrollment and funding shifts, thus seeking to stabilize these districts during a period of fiscal uncertainty.
Sets clear deadlines for charter school activation. By revoking charters for schools that have not begun classes by September 1, 2019, the bill prevents charter entities from holding onto unused charters, ensuring that only active and operational schools retain their status.
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Who cares
Headline styles
Pause New Charter School Approvals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1011
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education
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, 2019; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. 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 flat or 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 hard hit by the establishment of charter schools.
The legislature therefore finds that it is in the best interest of students and taxpayers throughout New York state to suspend the charter school application process as of April 1, 2019. Furthermore, a proposed charter school shall have its charter revoked if it has not commenced classes prior to August 31, 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05957-01-9
S. 1011 2
§ 2. Section 2851 of the education law is amended by adding a new subdivision 1-a to read as follows:
1-a. Notwithstanding any other provision of this article to the contrary, on and after April first, two thousand nineteen, no application to establish a charter school shall be accepted or acted upon by a charter granting entity. Provided, further, that a proposed charter school that has been granted a charter and has not commenced classes prior to September first, two thousand nineteen shall have such charter revoked and no further action shall be taken by a charter granting entity on such application.
§ 3. This act shall take effect April 1, 2019 and shall expire April 1, 2021 when upon such date the provisions of this act shall be deemed repealed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to suspending the grant- ing of charters for proposed charter schools not acted upon prior to April 1, 2019; 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, 2019 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, 2019 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 reven- ue sharing and local school districts face significantly reduced educa- tion aid, putting even greater pressure on beleaguered property taxpay- ers. 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 estab- lished in urban areas that face eroding tax bases and declining popu- lations 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 char- ter school application process. Furthermore, a proposed charter s chool shall have its charter revoked if it has not commenced classes prior to August 31, 2019.
Legislative history
2017-18: S.2957 Referred to Education
2015-16: S.810 Referred to Education
2013-14: S.1157 Remained in Senate Education Committee
2011-12: S.1192A Remained in Senate Committee on Education
2009-10: S.334/A.6447 Remained in Senate and Assembly Committees on Education 2007-08: S.798A Remained in the Senate Committee on Education
Fiscal implications
None.
Effective date
This act shall take effect April 1, 2019 and shall expire April 1, 2021 when upon such date the provisions of this act shall be deemed to be repealed.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.