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.
STATE OF NEW YORK
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5935
2011-2012 Regular Sessions
IN ASSEMBLY
March 3, 2011
___________
Introduced by M. of A. BRONSON, N. RIVERA, STEVENSON -- Multi-Sponsored
by -- M. of A. PHEFFER -- read once and referred to the Committee 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.
LBD07918-01-1
A. 5935 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. 5935 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.
