BILL NUMBER: S5797
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the education law, in relation to metered in funding for
rental assistance for all New York city charter students
 
PURPOSE:
This bill would expand access to co-location and rental assistance for
privately located charter schools in the City of New York.
 
SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (e) of subdivision 3 of § 2853 of the educa-
tion law to provide that charter schools in a city school district
having a population of one million or more that request co-location in a
public school building shall be provided access to facilities pursuant
to this paragraph for such charter schools that first commence instruc-
tion or that require additional space due to an expansion of grade
level, pursuant to this article, approved by their charter entity for
those grades newly provided.
Section 5. Amended to provide if the appeal results in the determination
in favor of the charter school, the city school district shall pay the
charter school an amount that is equal to the lesser of the actual
rental cost of an alternative privately owned site selected by the char-
ter school or thirty percent of the product of the charter school's
basic tuition for the current school year and the charter school's
current year enrollment.
Section 5-a. Establishes a metered in funding schedule for rental
assistance for charter schools that were operating schools or grade
levels prior to the 2014-2015 school year and will provide that they be
fully funded by the 20282029 school year and thereafter.
The schedule will require that during the:
2024-2025 School Year the City School District shall pay 20% of amount
owed to the school.
2025-2026 School Year the City School District shall pay 40% of the
amount owed to the school.
2026-2027 School Year the City School District shall pay 60% of the
amount owed to the school.
2027-2028 School Year the City School District shall pay 80% of the
amount owed to the school.
 
JUSTIFICATION:
Over a decade ago the Facilities Access Law was passed which provided
co-locations or rental assistance to all new charters or charters with
expanding grades in the 2014-15 school year and beyond. This facilities
funding was essential to charter school support' "alid-its growth, with
the start of the 2023-2024 school year seeing 274 public charter schools
operating throughout the City serving over 142,000 students. While the
Facilities Access Law ensured help to many of the City's charter
schools, privately located charter schools that had grown to capacity or
established grades prior to the 2014-2015 school year were excluded
under the Facilities Access Law. This has resulted in over 27,000
students in 70 schools who are unable to benefit from facilities fund-
ing, and consequentially their education will be impacted. An Independ-
ent Budget Office (IBO) of New York City report in 2017 found that City
charter schools were underfunded between more than one thousand dollars
to just below $5,000.
Continuing to underfund privately located charter schools by excluding
their ability to receive facilities funding is a detriment to their
ability to provide the high quality education their students deserve.
This bill would expand access to co-location and rental assistance for
privately located charter schools in the City of New York that would see
them fully funded by the 2028-2029 school year, with a metered in fund-
ing schedule in the years preceding 2028-2029. This approach both
ensures that all New York City charter schools will receive facilities
funding and provides the funding in a schedule that is fair and reason-
able to guarantee these students will become the role models, leaders,
and engaged people our society needs.
 
LEGISLATIVE HISTORY:
S.8522A of 2023-2024: Amended and Recommitted to New York City Educa-
tion, Print Number 8522A
 
LOCAL FISCAL IMPLICATIONS:
There would be fiscal implication for local government related to this
bill.
 
EFFECTIVE DATE:
This act shall take effect immediately.