Bill Text: NY A10189 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that school districts, including the city school district of the city of New York, are entited to an apportionment of state aid for the closure of schools due in response to the novel coronavirus.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2020-06-17 - SIGNED CHAP.107 [A10189 Detail]

Download: New_York-2019-A10189-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10189

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Education

        AN ACT to amend the education law, in  relation  to  the  attendance  of
          minors  upon  full  day  instruction  and  the  conditions under which
          districts, including the city school district of the city of New York,
          are entitled to an apportionment of  state  aid  and  the  closure  of
          schools due in response to the novel coronavirus, COVID-19

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 7 of section 3604  of  the  education  law,  as
     2  amended  by  chapter  605  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    7. No district shall be entitled to any portion of such school  moneys
     5  on  such  apportionment  unless  the  report of the trustees or board of
     6  education for the preceding school  year  shall  show  that  the  public
     7  schools  were actually in session in the district and taught by a quali-
     8  fied teacher or by successive qualified teachers or by qualified  teach-
     9  ers  for  not less than one hundred eighty days. The moneys payable to a
    10  school district pursuant to section thirty-six hundred  nine-a  of  this
    11  part  in  the current year shall be reduced by one one-hundred eightieth
    12  of the district's total foundation aid for the base year  for  each  day
    13  less  than one hundred eighty days that the schools of the district were
    14  actually in session, except that the  commissioner  may  disregard  such
    15  reduction  in  the  apportionment of public money[,]: (i) for any day or
    16  days on which session had been previously scheduled but the  superinten-
    17  dent  was  required  to  close  the  school or schools due to a properly
    18  executed declaration of a state or local state of emergency pursuant  to
    19  article two-B of the executive law; or (ii) for up to five days if he or
    20  she  finds  that the schools of the district were not in session for one
    21  hundred eighty days because of extraordinarily  adverse  weather  condi-
    22  tions,  impairment of heating facilities, insufficiency of water supply,
    23  shortage of fuel, lack of electricity, natural gas leakage, unacceptable
    24  levels of chemical substances, a credible threat to  student  safety  as
    25  reasonably  determined by a lead school official or the destruction of a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15782-04-0
        A. 10189                            2

     1  school building either in whole or in part, and if, further, the commis-
     2  sioner finds that such district cannot make up such days of  instruction
     3  by  using  for  the  secondary  grades all scheduled vacation days which
     4  occur  prior to the first scheduled regents examination day in June, and
     5  for the elementary grades all scheduled vacation days which occur  prior
     6  to  the  last  scheduled  regents  examination day in June; or (iii) for
     7  where the superintendent or the chancellor of the city  school  district
     8  of  the  city of New York has determined that it is in the public health
     9  or safety of the school district to  close  the  school  or  schools  in
    10  response  to  the  novel coronavirus, COVID-19. For the purposes of this
    11  subdivision, "scheduled vacation days" shall  mean  days  on  which  the
    12  schools  of the district are not in session and for which no prohibition
    13  exists in subdivision eight of this section for them to be in session.
    14    § 2. This act shall take effect immediately.