Bill Text: NY A10904 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-17 - referred to education [A10904 Detail]

Download: New_York-2019-A10904-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10904

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          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  107  of  the  laws  of 2020, 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 days
    16  on which session had been previously scheduled  but  the  superintendent
    17  was  required  to close the school or schools due to a properly executed
    18  declaration of a state or local state of emergency pursuant  to  article
    19  two-B  of  the  executive  law; or (ii) for up to five days if he or she
    20  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.
                                                                   LBD17086-01-0

        A. 10904                            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 any
     7  day or days in the two thousand nineteen -- two thousand  twenty  school
     8  year  or the two thousand twenty--two thousand twenty-one school year on
     9  which session had been previously scheduled but the  chancellor  of  the
    10  city  school district of the city of New York or the superintendent of a
    11  district closed the school or schools due  to  a  determination  by  the
    12  chancellor  or superintendent that it was in the best interest of public
    13  health or safety of the school district to close the school  or  schools
    14  in response to the novel coronavirus, COVID-19. For the purposes of this
    15  subdivision,  "scheduled  vacation  days"  shall  mean days on which the
    16  schools of the district are not in session and for which no  prohibition
    17  exists in subdivision eight of this section for them to be in session.
    18    § 2. This act shall take effect immediately.
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