Bill Text: NY A00662 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes school authorities to close school buildings used as polling places on days of general election, spring primary, and fall primary without loss of state aid.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to education [A00662 Detail]
Download: New_York-2013-A00662-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 662 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to authorizing school authorities to close school buildings used as polling places on days of general election, spring primary, and fall primary THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 3602 of the education law is 2 amended by adding a new paragraph z to read as follows: 3 Z. "ELECTION DAY" MEANS ANY DAY ON WHICH IS HELD THE FALL PRIMARY, 4 SPRING PRIMARY, OR GENERAL ELECTION, AS PROVIDED IN SUBDIVISION ONE OF 5 SECTION 8-100 OF THE ELECTION LAW. 6 S 2. Paragraph d of subdivision 1 of section 3602 of the education 7 law, as amended by section 11 of part B of chapter 57 of the laws of 8 2007, is amended to read as follows: 9 d. "Average daily attendance" shall mean the total number of attend- 10 ance days of pupils in a public school of a school district in kinder- 11 garten through grade twelve, or equivalent ungraded programs, plus the 12 total number of instruction days for such pupils receiving homebound 13 instruction including pupils receiving instruction through a two-way 14 telephone communication system, divided by the number of days the 15 district school was in session as provided in this section. The attend- 16 ance of pupils with disabilities attending under the provisions of para- 17 graph c of subdivision two of section forty-four hundred one of this 18 chapter shall be added to average daily attendance. 19 (1) Equivalent attendance shall mean the quotient of the total number 20 of student hours of instruction in programs in a public school of a 21 school district or a board of cooperative educational services leading 22 to a high school diploma or a high school equivalency diploma as defined 23 in regulations of the commissioner for pupils under the age of twenty- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05474-01-3 A. 662 2 1 one not on a regular day school register of the district, divided by one 2 thousand. Average daily attendance shall include the equivalent attend- 3 ance of the school district. For the purposes of secondary school 4 weighting, such equivalent attendance shall be considered as average 5 daily attendance in grades seven through twelve. 6 (2) In computing average daily attendance, school districts may, with 7 the commissioner's approval, exclude attendance for those days on which 8 school attendance was adversely affected because of an epidemic or 9 manmade or natural disaster or act of terrorism. In computing such 10 attendance, the school district shall: (i) determine the number of reli- 11 gious holidays which fall on a school day within a school year according 12 to regulations established by the commissioner, such religious holidays 13 to be duly recognized as such for purposes of this section by duly 14 adopted resolution of the board of education; (ii) deduct the aggregate 15 attendance on such religious holidays from the total aggregate attend- 16 ance, by grade level; (iii) deduct such religious holidays from the 17 total number of days of session, by grade level; and (iv) compute the 18 average daily attendance for the school year. IN COMPUTING SUCH ATTEND- 19 ANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE THE NUMBER OF ELECTION 20 DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL YEAR, SUCH ELECTION DAYS 21 TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF THIS SECTION BY DULY 22 ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF THEY SO ELECT, AS TO 23 ANY SCHOOL BUILDING USED AS A POLLING PLACE ON ELECTION DAY AND OTHER- 24 WISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF PUPILS ON SUCH DAY; 25 (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH ELECTION DAYS FROM THE 26 TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) DEDUCT SUCH ELECTION 27 DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY GRADE LEVEL; AND 28 (VIII) COMPUTE THE AVERAGE DAILY ATTENDANCE FOR THE SCHOOL YEAR. 29 S 3. Subparagraph 2 of paragraph a of subdivision 2 of section 3602 of 30 the education law, as amended by section 13 of part B of chapter 57 of 31 the laws of 2007, is amended to read as follows: 32 (2) In computing such attendance, the school district shall (i) deter- 33 mine the number of religious holidays which fall on a school day within 34 a school year according to regulations established by the commissioner, 35 such religious holidays to be duly recognized as such for purposes of 36 this section by duly adopted resolution of the board of education; (ii) 37 deduct the aggregate attendance on such religious holidays from the 38 total aggregate attendance, by grade level; (iii) deduct such religious 39 holidays from the total number of days of session, by grade level; AND 40 (iv) compute the weighted average daily attendance for the school year. 41 IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE 42 THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL 43 YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF 44 THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF 45 THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON 46 ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF 47 PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH 48 ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) 49 DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY 50 GRADE LEVEL; AND (VIII) COMPUTE THE WEIGHTED AVERAGE DAILY ATTENDANCE 51 FOR THE SCHOOL YEAR. 52 S 4. Subparagraph 2 of paragraph b of subdivision 2 of section 3602 of 53 the education law, as amended by section 13 of part B of chapter 57 of 54 the laws of 2007, is amended to read as follows: 55 (2) In computing such attendance, the school district shall (i) deter- 56 mine the number of religious holidays which fall on a school day within A. 662 3 1 a school year according to regulations established by the commissioner, 2 such religious holidays to be duly recognized as such for purposes of 3 this section by duly adopted resolution of the board of education; (ii) 4 deduct the aggregate attendance on such religious holidays from the 5 total aggregate attendance, by grade level; (iii) deduct such religious 6 holidays from the total number of days of session, by grade level; AND 7 (iv) compute the weighted average daily attendance for the school year. 8 IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE 9 THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL 10 YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF 11 THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF 12 THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON 13 ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF 14 PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH 15 ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) 16 DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY 17 GRADE LEVEL; AND (VIII) COMPUTE THE ADJUSTED AVERAGE DAILY ATTENDANCE 18 FOR THE SCHOOL YEAR. 19 S 5. This act shall take effect immediately.