2006 New York Code - Financing Of Charter Schools.



 
    §  2856.  Financing  of charter schools. 1. The enrollment of students
  attending  charter  schools  shall  be  included  in   the   enrollment,
  attendance  and,  if  applicable, count of students with disabilities of
  the school district in which the pupil resides. The charter school shall
  report all such data to the school districts of residence  in  a  timely
  manner.  Each  school  district shall report such enrollment, attendance
  and count of students with disabilities to the  department.  The  school
  district  of residence shall pay directly to the charter school for each
  student enrolled in  the  charter  school  who  resides  in  the  school
  district an amount equal to one hundred percent of the amount calculated
  pursuant to paragraph f of subdivision one of section thirty six hundred
  two  of  this  chapter for the school district for the year prior to the
  base year increased by the percentage change in the state total approved
  operating expense calculated pursuant to subdivision eleven  of  section
  thirty  six hundred two of this chapter from two years prior to the base
  year to the base year. The school district shall also  pay  directly  to
  the  charter  school  any federal or state aid attributable to a student
  with a disability attending charter school in proportion to the level of
  services for such student with a  disability  that  the  charter  school
  provides  directly  or  indirectly.  Notwithstanding  anything  in  this
  section to the contrary, amounts payable pursuant  to  this  subdivision
  may  be  reduced  pursuant  to  an  agreement between the school and the
  charter entity set forth in the charter. Payments made pursuant to  this
  subdivision  shall  be  made by the school district in six substantially
  equal installments each year beginning on the first business day of July
  and every two months thereafter. Amounts payable under this  subdivision
  shall  be  determined  by the commissioner. Amounts payable to a charter
  school in its first year of operation shall be based on the  projections
  of  initial-year  enrollment  set forth in the charter. Such projections
  shall be reconciled with  the  actual  enrollment  at  the  end  of  the
  school's first year of operation, and any necessary adjustments shall be
  made to payments during the school's second year of operation.
    2. In the event of the failure of the school district to make payments
  required  by  this  section, the state comptroller shall deduct from any
  state funds which become due to such school district an amount equal  to
  the  unpaid  obligation.  The comptroller shall pay over such sum to the
  charter school upon certification of the commissioner. The  commissioner
  shall  promulgate  regulations  to  implement  the  provisions  of  this
  subdivision.
    3. Nothing in this article shall be construed to prohibit  any  person
  or  organization  from  providing  funding  or  other  assistance to the
  establishment or operation of a charter school. The board of trustees of
  a charter school is authorized to accept gifts, donations or  grants  of
  any  kind  made  to  the charter school and to expend or use such gifts,
  donations or grants in accordance with the conditions prescribed by  the
  donor;  provided,  however,  that  no  gift,  donation  or  grant may be
  accepted if subject to a condition that is contrary to any provision  of
  law or term of the charter.

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