STATE OF NEW YORK ________________________________________________________________________ 10552 IN ASSEMBLY May 29, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cusick) -- read once and referred to the Committee on Education AN ACT to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to holding harmless such monies due to the COVID-19 pandemic The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of chapter 507 of the laws of 1974, relating to 2 providing for the apportionment of state monies to certain nonpublic 3 schools, to reimburse them for their expenses in complying with certain 4 state requirements for the administration of state testing and evalu- 5 ation programs and for participation in state programs for the reporting 6 of basic educational data, as amended by chapter 347 of the laws of 7 2018, is amended to read as follows: 8 § 3. Apportionment. a. The commissioner shall annually apportion to 9 each qualifying school, for school years beginning on and after July 10 first, nineteen hundred seventy-four, an amount equal to the actual cost 11 incurred by each such school during the preceding school year for 12 providing services required by law to be rendered to the state in 13 compliance with the requirements of the state's pupil evaluation 14 program, the basic educational data system, regents examinations, the 15 statewide evaluation plan, the uniform procedure for pupil attendance 16 reporting, the state's immunization program and other similar state 17 prepared examinations and reporting procedures. 18 b. Such nonpublic schools shall be eligible to receive aid based on 19 the number of days or portion of days attendance is taken and either a 20 5.0/5.5 hour standard instructional day, or another work day as certi- 21 fied by the nonpublic school officials, in accordance with the methodol- 22 ogy for computing salary and benefits applied by the department in 23 paying aid for the two thousand twelve--two thousand thirteen and prior EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16547-01-0A. 10552 2 1 school years. Such nonpublic schools shall be eligible to receive no 2 less than the highest of their aid in the last three years notwithstand- 3 ing the disruption of school functions which would otherwise affect such 4 schools' eligibility, including but not limited to the inability to 5 administer state assessments, due to the response of COVID-19. 6 c. The commissioner shall annually apportion to each qualifying 7 school in the cities of New York, Buffalo and Rochester, for school 8 years beginning on or after July first two thousand sixteen, an amount 9 equal to the actual cost incurred by each such school during the preced- 10 ing school year in meeting the recording and reporting requirements of 11 the state school immunization program, provided that the state's liabil- 12 ity shall be limited to the amount appropriated for this purpose. 13 § 2. This act shall take effect immediately.