SPECIAL CAP LIFT REPORT

Here's an update on the efforts to lift the NY charter cap, from the New York Center for Charter School Excellence.  Let's cross our fingers on this!

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SPECIAL CAP LIFT REPORT

The cap lift is still in play according to reports out of Albany. That's primarily due to the Governor's use of his veto powers over the 2006-2007 fiscal budget which is creating the leverage to negotiate with the State Senate and Assembly on items that they want to see placed back in the budget.

The expectation (and hope) is that a charter school cap lift will be part of future budget negotiations to resolve any vetoes of items of importance to the Legislature.

According to press reports, the Governor has vetoed nearly $3 billion in appropriations the Legislature passed without his approval. The Legislature is expected to override many, if not all, of the Gov's vetoes -- especially the veto of "Member Items" which this year amount to $200 million in spending -- when they return the week of April 24.

However, there is legal uncertainty concerning whether some of the vetoed items will be subject to override by the Legislature. From point of view of the Governor, a ruling by the NYS Court of Appeals limits the powers of the Legislature to change certain budget items he proposes. The Governor has indicated that, in his opinion, some major items are beyond override, and as such the Legislature can only accept budget language or negotiate an alternate approach.

Senate Majority Leader Bruno and Assembly Speaker Silver have already indicated a willingness to override certain vetoes. However, until all the vetoes are announced, it is not possible to predict the extent to which both houses will be in agreement on override decisions.

If Senator Bruno sides with the Governor on certain aspects of this budget fight, our chances of getting a cap lift into the final budget deal improve. If Bruno and Silver take a unified position against the Governor's actions, our odds of success will diminish greatly.

All indications are that Speaker Silver has NOT softened in his opposition to addressing the cap lift in the budget.

Lawyers in both the Assembly and Senate will now deliberate on the constitutionality of the vetoes. Speaker Silver and Majority Leader Bruno will also meet to decide what items to override on a case-by-case basis. At some point these discussions should involve the Governor and his staff.

Legislators are on vacation next week. They are expected back in Albany on April 24 to begin addressing overrides. By the end of the month, a budget deal could be in place. However, it is conceivable that overrides could be dragged out over a much longer timetable (though an unlikely scenario in this election year). Depending on how these negotiations play out, it is possible that the cap lift will not be addressed until the end of the Legislative Session, tentatively scheduled for June 22. It could also drag out to the end of the year.

Such a scenario is not ideal for achieving a cap lift since the Governor will not have the same leverage he presently has to negotiate, and the Speaker may insist on conditions that dilute the current charter school law.

Clearly, our best hope is that a cap lift is part of a budget deal. If that does not happen, we will continue to work with the Governor during the remainder of the Legislative Session to achieve a cap lift through some kind of trade with the Legislature. 

The Charter Center will stay close to budget negotiations over the coming weeks to ensure that the cap lift remains a priority. We will also begin strategizing for a cap lift in legislative session.

Thank you.