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
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 119.1
Current through Register Vol. 46, No. 12, March 20, 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.
(c) Charter school obligations.
(1) No later than 30 days prior to the first
business day of July, September, November, January, March and May, each charter
school shall report to each public school district with resident pupils
attending the charter school and to the department an updated estimate of the
enrollment of students attending the charter school in the current school year
who are residents of such public school district and any reduced amounts per
pupil that shall be payable to the charter school for such students pursuant to
subdivision one of section
2856 of the Education Law that has been
established pursuant to an agreement between the charter school and the charter
school entity as set forth in the charter, provided that, for the 1999-2000
school year, no report shall be required 30 days prior to the first business
day of July. For each student with a disability attending such charter school,
such report shall also indicate the level of special programs or services to be
provided directly or indirectly to such student by the charter school and an
estimated annual cost to be incurred by the charter school in providing such
special programs or services. The Commissioner may excuse any delay in
reporting under this paragraph for the length of time of a school closure
ordered pursuant to an Executive Order of the Governor pursuant to a State of
emergency for the COVID-19 crisis, however, such delay shall not exceed 30 days
from such reporting deadline.
(2)
On or before the last day of July, each charter school shall provide a final
report of actual enrollment to the department and to each school district with
resident pupils attending the charter school in the prior school year. For each
student with a disability attending such charter school, such report shall also
indicate the level of special programs or services actually provided directly
or indirectly to such student by the charter school and the annual cost
incurred by the charter school in providing such special programs or
services.
(3) In the event of the
failure of a school district to fulfill the financial obligation required by
section
2856 of the Education Law equal to the
amounts calculated pursuant to this section, the charter school shall notify
the commissioner no later than May 31st of the school year in which the
payments were due.
(d) Public school district of residence obligations.
(1) No later than the first business day of
July, September, November, January, March and May of the current school year,
each public school district with resident pupils attending a charter school
shall pay directly to such charter school the appropriate payment amounts as
specified in subdivision one of section
2856 of the Education Law that are
attributable to the enrollment of such pupils as reported to the public school
district by the charter school no later than 30 days prior to each such payment
date, provided that, for the 1999-2000 school year, no payment shall be
required on the first business day of July.
(2) The total amount of payments due and
payable to a charter school for the current school year by a public school
district shall be paid as follows:
(i) on or
before the first business day of July, one sixth of the total amount due, as
adjusted for any supplemental payments due or overpayments to be recovered for
the prior school year;
(ii) on or
before the first business day of September, two sixths of the total amount due,
as adjusted for any supplemental payments due or overpayments to be recovered
for the prior school year, minus any payments made before such date pursuant to
subparagraph (i) of this paragraph;
(iii) on or before the first business day of
November, three sixths of the total amount due, as adjusted for any
supplemental payments due on overpayments to be recovered for the prior school
year, minus any payments made before such date pursuant to subparagraphs (i)
and (ii) of this paragraph;
(iv) on
or before the first business day of January, four sixths of the total amount
due, as adjusted for any supplemental payments due or overpayments to be
recovered for the prior school year, minus any payments made before such date
pursuant to subparagraphs (i), (ii) and (iii) of this paragraph;
(v) on or before the first business day of
March, five sixths of the total amount due, as adjusted for any supplemental
payments due or overpayments to be recovered for the prior school year, minus
any payments made before such date pursuant to subparagraphs (i), (ii), (iii)
and (iv) of this paragraph; and
(vi) on or before the first business day of
May, the total amount due, as adjusted for any supplemental payments due or
overpayments to be recovered for the prior school year, minus any payments made
before such date pursuant to subparagraphs (i), (ii), (iii), (iv) and (v) of
this paragraph.
(3) The
school district financial obligation per resident student enrolled in a charter
school shall equal the sum of:
(i) the
product of the school district's adjusted expense per pupil and the current
year enrollment of the pupil in the charter school as defined in paragraph
(b)(3) of this section; and
(ii)
the amounts of State and Federal aid, if any, that may be attributable to such
pupil as defined in paragraphs (b)(8) and (9) of this section, or the amount
established pursuant to an agreement between the charter school and the charter
entity as set forth in the charter.
(4) The total annual obligation due to a
charter school by a public school district shall be the sum of the annual
financial obligations for all resident students enrolled at any time during the
current school year in the charter school.
(5) School districts shall include the
enrollment of resident students attending charter schools in the enrollment,
attendance and, if applicable, count of students with disabilities reported to
the department for the purposes of claiming State aid.
(6) If there is a delay in reporting pursuant
to paragraph 1 of this section, the Commissioner shall excuse any delay in
payments required under this subdivision for the length of time of a school
closure ordered pursuant to an Executive Order of the Governor pursuant to a
State of emergency for the COVID-19 crisis, however, such delay shall not
exceed 30 days from such payment deadline.
(e) Department obligations.
(1) On or before the first day of June of
each year, or as soon as practicable upon the receipt of Federal notice of the
estimated State appropriation for the next school year, the commissioner shall
notify all school districts and all charter schools of the adjusted expense per
pupil of each public school district and the estimated per pupil allocation
under part B of the Federal Individuals with Disabilities Education Act to be
used in the calculation of payments due to charter schools in next school year,
provided that, for payments due to charter schools in the 1999-2000 school
year, such notification shall be made on or before August 15, 1999. Notice of
final Federal per pupil allocation will be issued as soon as practicable upon
the State's receipt of the notice of final allocation from the Federal
government.
(2) In the event of the
failure of a school district to fulfill the financial obligation required by
section 2956 of the Education Law equal to the amounts calculated pursuant to
this section, upon notification by the charter school, the commissioner shall
certify the amounts of the unpaid obligations to the comptroller to be deducted
from State aid due the school district and paid to the applicable charter
schools.
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