Bill Text: NY A02166 | 2015-2016 | 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) 2016-01-06 - referred to education [A02166 Detail]
Download: New_York-2015-A02166-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2166
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
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-
24 one not on a regular day school register of the district, divided by one
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05990-01-5
A. 2166 2
1 thousand. Average daily attendance shall include the equivalent attend-
2 ance of the school district. For the purposes of secondary school
3 weighting, such equivalent attendance shall be considered as average
4 daily attendance in grades seven through twelve.
5 (2) In computing average daily attendance, school districts may, with
6 the commissioner's approval, exclude attendance for those days on which
7 school attendance was adversely affected because of an epidemic or
8 manmade or natural disaster or act of terrorism. In computing such
9 attendance, the school district shall: (i) determine the number of reli-
10 gious holidays which fall on a school day within a school year according
11 to regulations established by the commissioner, such religious holidays
12 to be duly recognized as such for purposes of this section by duly
13 adopted resolution of the board of education; (ii) deduct the aggregate
14 attendance on such religious holidays from the total aggregate attend-
15 ance, by grade level; (iii) deduct such religious holidays from the
16 total number of days of session, by grade level; and (iv) compute the
17 average daily attendance for the school year. IN COMPUTING SUCH ATTEND-
18 ANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE THE NUMBER OF ELECTION
19 DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL YEAR, SUCH ELECTION DAYS
20 TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF THIS SECTION BY DULY
21 ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF THEY SO ELECT, AS TO
22 ANY SCHOOL BUILDING USED AS A POLLING PLACE ON ELECTION DAY AND OTHER-
23 WISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF PUPILS ON SUCH DAY;
24 (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH ELECTION DAYS FROM THE
25 TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) DEDUCT SUCH ELECTION
26 DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY GRADE LEVEL; AND
27 (VIII) COMPUTE THE AVERAGE DAILY ATTENDANCE FOR THE SCHOOL YEAR.
28 S 3. Subparagraph 2 of paragraph a of subdivision 2 of section 3602 of
29 the education law, as amended by section 13 of part B of chapter 57 of
30 the laws of 2007, is amended to read as follows:
31 (2) In computing such attendance, the school district shall (i) deter-
32 mine the number of religious holidays which fall on a school day within
33 a school year according to regulations established by the commissioner,
34 such religious holidays to be duly recognized as such for purposes of
35 this section by duly adopted resolution of the board of education; (ii)
36 deduct the aggregate attendance on such religious holidays from the
37 total aggregate attendance, by grade level; (iii) deduct such religious
38 holidays from the total number of days of session, by grade level; AND
39 (iv) compute the weighted average daily attendance for the school year.
40 IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
41 THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL
42 YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
43 THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF
44 THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
45 ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF
46 PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH
47 ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
48 DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY
49 GRADE LEVEL; AND (VIII) COMPUTE THE WEIGHTED AVERAGE DAILY ATTENDANCE
50 FOR THE SCHOOL YEAR.
51 S 4. Subparagraph 2 of paragraph b of subdivision 2 of section 3602 of
52 the education law, as amended by section 13 of part B of chapter 57 of
53 the laws of 2007, is amended to read as follows:
54 (2) In computing such attendance, the school district shall (i) deter-
55 mine the number of religious holidays which fall on a school day within
56 a school year according to regulations established by the commissioner,
A. 2166 3
1 such religious holidays to be duly recognized as such for purposes of
2 this section by duly adopted resolution of the board of education; (ii)
3 deduct the aggregate attendance on such religious holidays from the
4 total aggregate attendance, by grade level; (iii) deduct such religious
5 holidays from the total number of days of session, by grade level; AND
6 (iv) compute the weighted average daily attendance for the school year.
7 IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
8 THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL
9 YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
10 THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF
11 THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
12 ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF
13 PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH
14 ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
15 DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY
16 GRADE LEVEL; AND (VIII) COMPUTE THE ADJUSTED AVERAGE DAILY ATTENDANCE
17 FOR THE SCHOOL YEAR.
18 S 5. This act shall take effect immediately.
