Bill Text: NY A02722 | 2017-2018 | General Assembly | Introduced

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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) 2018-01-03 - referred to education [A02722 Detail]

Download: New_York-2017-A02722-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2722
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        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-
    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.
                                                                   LBD07821-01-7
        A. 2722                             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    § 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    § 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. 2722                             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    § 5. This act shall take effect immediately.