Bill Text: NY A05390 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law and the state finance law, in relation to creating the New York state for science program and fund which provides private or nonpublic elementary and secondary schools with assistance in obtaining essential scientific equipment, tools and/or resources; and making an appropriation therefor
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-06-09 - held for consideration in education [A05390 Detail]
Download: New_York-2009-A05390-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5390
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. MAISEL, DelMONTE, BROOK-KRASNY, KAVANAGH, MARKEY
-- Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, CLARK, V. LOPEZ,
PHEFFER, SWEENEY, TOWNS, WEISENBERG -- read once and referred to the
Committee on Education
AN ACT to amend the education law and the state finance law, in relation
to creating the New York state for science program and fund which
provides private or nonpublic elementary and secondary schools with
assistance in obtaining essential scientific equipment, tools and/or
resources; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and declaration. The legislature
2 hereby finds and declares it necessary to provide certain private or
3 nonpublic elementary and secondary schools with financial assistance in
4 obtaining scientific equipment, tools and/or resources necessary to
5 provide students with a proper education in the study of science regard-
6 less of their financial or social status.
7 S 2. The education law is amended by adding a new article 78 to read
8 as follows:
9 ARTICLE 78
10 NEW YORK STATE FOR SCIENCE PROGRAM
11 SECTION 3817. NEW YORK STATE FOR SCIENCE PROGRAM.
12 3818. ELIGIBILITY.
13 3819. ALLOCATION AND DETERMINATION OF STATE AID.
14 S 3817. NEW YORK STATE FOR SCIENCE PROGRAM. 1. THERE IS HEREBY ESTAB-
15 LISHED A SPECIAL PROGRAM CALLED THE NEW YORK STATE FOR SCIENCE PROGRAM.
16 2. EACH QUALIFYING SCHOOL DISTRICT SHALL BE ENTITLED TO RECEIVE AN
17 ANNUAL GRANT IN STATE AID EQUAL TO AN AMOUNT OF FIVE DOLLARS PER CHILD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07202-01-9
A. 5390 2
1 ENROLLED IN A PRIVATE OR NONPUBLIC SCHOOL MAINTAINED WITHIN SUCH SCHOOL
2 DISTRICT. SUCH AID SHALL BE SUPPLIED TOWARDS THE LOAN, LEASE, PURCHASE
3 AND USE OF ANY SCIENTIFIC EQUIPMENT, TOOLS AND/OR RESOURCES. EACH QUALI-
4 FYING SCHOOL DISTRICT SHALL APPROPRIATE MONIES TO ANY ELIGIBLE PRIVATE
5 OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL REGISTERED TO PARTICIPATE IN
6 THIS PROGRAM PRIOR TO THE UPCOMING SCHOOL YEAR. SUCH PARTICIPATING
7 SCHOOLS SHALL HAVE SOLE DISCRETION IN SELECTING THE EQUIPMENT, TOOLS
8 AND/OR RESOURCES TO BE LOANED, LEASED OR PURCHASED. SUCH SCHOOL SHALL
9 MAINTAIN RECORDS OF SUCH LOAN AGREEMENTS AND/OR PURCHASES.
10 S 3818. ELIGIBILITY. 1. ANY SCHOOL DISTRICT HAVING A POPULATION WHERE
11 AT LEAST FIVE PERCENT OF THE POPULATION FALLS WITHIN THE POVERTY INCOME
12 LEVEL SHALL QUALIFY TO RECEIVE AN APPROPRIATION IN STATE AID EQUAL TO
13 FIVE DOLLARS PER STUDENT ENROLLED IN A PRIVATE OR NONPUBLIC SCHOOL IN
14 SUCH DISTRICT.
15 2. ANY PRIVATE OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL MAINTAINED
16 WITHIN A QUALIFYING SCHOOL DISTRICT AND HAVING A STUDENT POPULATION
17 WHERE AT LEAST TEN PER CENTUM OF SUCH POPULATION FALLS BELOW THE POVER-
18 TY INCOME LEVEL SHALL BE ELIGIBLE FOR THE PROGRAM. ANY SUCH PRIVATE OR
19 NONPUBLIC SCHOOL SHALL REGISTER FOR THIS PROGRAM PRIOR TO COMMENCEMENT
20 OF THE UPCOMING SCHOOL YEAR AND SHALL RE-REGISTER ON AN ANNUAL BASIS.
21 UPON REGISTRATION, THE DEPARTMENT SHALL DETERMINE WHETHER SUCH PRIVATE
22 OR NONPUBLIC SCHOOL IS ELIGIBLE AND UPON THE RE-REGISTRATION, SHALL
23 REDETERMINE ELIGIBILITY AND SHALL REQUIRE AN ACCOUNTING OF THE EQUIP-
24 MENT, TOOLS AND/OR RESOURCES LOANED, LEASED OR PURCHASED BY SUCH PRIVATE
25 OR NONPUBLIC SCHOOL.
26 S 3819. ALLOCATION AND DETERMINATION OF STATE AID. 1. NO SCHOOL
27 DISTRICT SHALL ALLOCATE STATE AID TO ANY PRIVATE OR NONPUBLIC SCHOOL NOT
28 MEETING THE ELIGIBILITY REQUIREMENTS ESTABLISHED WITHIN SECTION THIRTY-
29 EIGHT HUNDRED EIGHTEEN OF THIS ARTICLE. THE SCHOOL DISTRICT SHALL BE
30 RESPONSIBLE FOR THE ALLOCATION OF SUCH AID TO PRIVATE OR NONPUBLIC
31 SCHOOLS ON A PRO RATED BASIS. THE PERCENTAGE OF AID GRANTED TO EACH
32 PRIVATE OR NONPUBLIC SCHOOL SHALL BE BASED ON THE PERCENTAGE OF STUDENTS
33 FALLING BELOW THE POVERTY LEVEL.
34 2. NO SUCH PRIVATE OR NONPUBLIC SCHOOL SHALL BE GRANTED STATE AID
35 EXCEEDING AN AMOUNT OF TEN THOUSAND DOLLARS PER YEAR, OR AS OTHERWISE
36 DETERMINED BY THE COMMISSIONER. ANY SUPERFLUOUS MONEY RESULTING FROM
37 THE DIFFERENCE BETWEEN THE TOTAL AMOUNT OF STATE AID APPROPRIATED BY THE
38 COMMISSIONER TO THE SCHOOL DISTRICT AND THE TOTAL STATE AID ALLOCATED BY
39 SUCH SCHOOL DISTRICT TO ITS ELIGIBLE SCHOOLS SHALL BE TRANSFERRED BACK
40 TO THE COMMISSIONER FOR FURTHER APPROPRIATION, IF NECESSARY, OR SHALL BE
41 TRANSFERRED INTO THE NEW YORK STATE FOR SCIENCE FUND ESTABLISHED PURSU-
42 ANT TO SECTION NINETY-SIX-A OF THE STATE FINANCE LAW.
43 S 3. The state finance law is amended by adding a new section 96-a to
44 read as follows:
45 S 96-A. NEW YORK STATE FOR SCIENCE FUND. 1. THERE IS HEREBY ESTAB-
46 LISHED IN THE SOLE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
47 KNOWN AS THE NEW YORK STATE FOR SCIENCE FUND.
48 2. THE FUND SHALL CONSIST OF MONIES TRANSFERRED FROM THE GENERAL FUND
49 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
50 ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN
51 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
52 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
53 THE FUND ACCORDING TO LAW.
54 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE
55 SHALL BE EXPENDED ONLY FOR THE PURPOSES OF PROVIDING FUNDING FOR THE NEW
56 YORK STATE FOR SCIENCE PROGRAM SET FORTH IN ARTICLE SEVENTY-EIGHT OF THE
A. 5390 3
1 EDUCATION LAW FOR THE PURPOSE OF PROVIDING ASSISTANCE TO PRIVATE OR
2 NONPUBLIC SCHOOLS FOR THE LOAN, LEASE AND/OR PURCHASE OF SCIENTIFIC
3 EQUIPMENT, TOOLS AND/OR RESOURCES. MONIES SHALL BE PAYABLE FROM THE
4 FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED
5 AND CERTIFIED BY THE COMMISSIONER OF EDUCATION. THE COMMISSIONER OF
6 EDUCATION SHALL BE SOLELY RESPONSIBLE FOR ALLOCATING MONIES TO EACH
7 PARTICIPATING SCHOOL DISTRICT.
8 S 4. The sum of one million dollars ($1,000,000.00), or so much there-
9 of as may be necessary, is hereby appropriated to the department of
10 education out of any moneys in the state treasury in the general fund to
11 the credit of the New York state for science fund established under
12 section 96-a of the state finance law, not otherwise appropriated, and
13 made immediately available for the sole purpose of carrying out the
14 provisions of this act. Such moneys shall be payable on the audit and
15 warrant of the comptroller on vouchers certified or approved by the
16 commissioner of education in the manner prescribed by law.
17 S 5. This act shall take effect on the one hundred eightieth day after
18 it shall become a law. Effective immediately, the addition, amendment
19 and/or repeal of any rule or regulation necessary for the implementation
20 of this act on its effective date is authorized to be made and completed
21 on or before such date.
