A00662 Summary:

BILL NOA00662
 
SAME ASNo same as
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Amd S3602, Ed L
 
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.
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A00662 Actions:

BILL NOA00662
 
01/09/2013referred to education
01/08/2014referred to education
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A00662 Floor Votes:

There are no votes for this bill in this legislative session.
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A00662 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           662
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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    § 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    § 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    § 5. This act shall take effect immediately.
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