Bill Text: NY S03502 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the New York state for science program and fund to assist private or non-public schools in obtaining scientific equipment, tools and/or resources for the education of students in the study of science; and makes appropriations therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S03502 Detail]
Download: New_York-2009-S03502-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3502 2009-2010 Regular Sessions I N S E N A T E March 20, 2009 ___________ Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed 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 18 ENROLLED IN A PRIVATE OR NONPUBLIC SCHOOL MAINTAINED WITHIN SUCH SCHOOL 19 DISTRICT. SUCH AID SHALL BE SUPPLIED TOWARDS THE LOAN, LEASE, PURCHASE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07202-01-9 S. 3502 2 1 AND USE OF ANY SCIENTIFIC EQUIPMENT, TOOLS AND/OR RESOURCES. EACH QUALI- 2 FYING SCHOOL DISTRICT SHALL APPROPRIATE MONIES TO ANY ELIGIBLE PRIVATE 3 OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL REGISTERED TO PARTICIPATE IN 4 THIS PROGRAM PRIOR TO THE UPCOMING SCHOOL YEAR. SUCH PARTICIPATING 5 SCHOOLS SHALL HAVE SOLE DISCRETION IN SELECTING THE EQUIPMENT, TOOLS 6 AND/OR RESOURCES TO BE LOANED, LEASED OR PURCHASED. SUCH SCHOOL SHALL 7 MAINTAIN RECORDS OF SUCH LOAN AGREEMENTS AND/OR PURCHASES. 8 S 3818. ELIGIBILITY. 1. ANY SCHOOL DISTRICT HAVING A POPULATION WHERE 9 AT LEAST FIVE PERCENT OF THE POPULATION FALLS WITHIN THE POVERTY INCOME 10 LEVEL SHALL QUALIFY TO RECEIVE AN APPROPRIATION IN STATE AID EQUAL TO 11 FIVE DOLLARS PER STUDENT ENROLLED IN A PRIVATE OR NONPUBLIC SCHOOL IN 12 SUCH DISTRICT. 13 2. ANY PRIVATE OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL MAINTAINED 14 WITHIN A QUALIFYING SCHOOL DISTRICT AND HAVING A STUDENT POPULATION 15 WHERE AT LEAST TEN PER CENTUM OF SUCH POPULATION FALLS BELOW THE POVER- 16 TY INCOME LEVEL SHALL BE ELIGIBLE FOR THE PROGRAM. ANY SUCH PRIVATE OR 17 NONPUBLIC SCHOOL SHALL REGISTER FOR THIS PROGRAM PRIOR TO COMMENCEMENT 18 OF THE UPCOMING SCHOOL YEAR AND SHALL RE-REGISTER ON AN ANNUAL BASIS. 19 UPON REGISTRATION, THE DEPARTMENT SHALL DETERMINE WHETHER SUCH PRIVATE 20 OR NONPUBLIC SCHOOL IS ELIGIBLE AND UPON THE RE-REGISTRATION, SHALL 21 REDETERMINE ELIGIBILITY AND SHALL REQUIRE AN ACCOUNTING OF THE EQUIP- 22 MENT, TOOLS AND/OR RESOURCES LOANED, LEASED OR PURCHASED BY SUCH PRIVATE 23 OR NONPUBLIC SCHOOL. 24 S 3819. ALLOCATION AND DETERMINATION OF STATE AID. 1. NO SCHOOL 25 DISTRICT SHALL ALLOCATE STATE AID TO ANY PRIVATE OR NONPUBLIC SCHOOL NOT 26 MEETING THE ELIGIBILITY REQUIREMENTS ESTABLISHED WITHIN SECTION THIRTY- 27 EIGHT HUNDRED EIGHTEEN OF THIS ARTICLE. THE SCHOOL DISTRICT SHALL BE 28 RESPONSIBLE FOR THE ALLOCATION OF SUCH AID TO PRIVATE OR NONPUBLIC 29 SCHOOLS ON A PRO RATED BASIS. THE PERCENTAGE OF AID GRANTED TO EACH 30 PRIVATE OR NONPUBLIC SCHOOL SHALL BE BASED ON THE PERCENTAGE OF STUDENTS 31 FALLING BELOW THE POVERTY LEVEL. 32 2. NO SUCH PRIVATE OR NONPUBLIC SCHOOL SHALL BE GRANTED STATE AID 33 EXCEEDING AN AMOUNT OF TEN THOUSAND DOLLARS PER YEAR, OR AS OTHERWISE 34 DETERMINED BY THE COMMISSIONER. ANY SUPERFLUOUS MONEY RESULTING FROM 35 THE DIFFERENCE BETWEEN THE TOTAL AMOUNT OF STATE AID APPROPRIATED BY THE 36 COMMISSIONER TO THE SCHOOL DISTRICT AND THE TOTAL STATE AID ALLOCATED BY 37 SUCH SCHOOL DISTRICT TO ITS ELIGIBLE SCHOOLS SHALL BE TRANSFERRED BACK 38 TO THE COMMISSIONER FOR FURTHER APPROPRIATION, IF NECESSARY, OR SHALL BE 39 TRANSFERRED INTO THE NEW YORK STATE FOR SCIENCE FUND ESTABLISHED PURSU- 40 ANT TO SECTION NINETY-SIX-A OF THE STATE FINANCE LAW. 41 S 3. The state finance law is amended by adding a new section 96-a to 42 read as follows: 43 S 96-A. NEW YORK STATE FOR SCIENCE FUND. 1. THERE IS HEREBY ESTAB- 44 LISHED IN THE SOLE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE 45 KNOWN AS THE NEW YORK STATE FOR SCIENCE FUND. 46 2. THE FUND SHALL CONSIST OF MONIES TRANSFERRED FROM THE GENERAL FUND 47 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM 48 ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN 49 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE 50 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO 51 THE FUND ACCORDING TO LAW. 52 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE 53 SHALL BE EXPENDED ONLY FOR THE PURPOSES OF PROVIDING FUNDING FOR THE NEW 54 YORK STATE FOR SCIENCE PROGRAM SET FORTH IN ARTICLE SEVENTY-EIGHT OF THE 55 EDUCATION LAW FOR THE PURPOSE OF PROVIDING ASSISTANCE TO PRIVATE OR 56 NONPUBLIC SCHOOLS FOR THE LOAN, LEASE AND/OR PURCHASE OF SCIENTIFIC S. 3502 3 1 EQUIPMENT, TOOLS AND/OR RESOURCES. MONIES SHALL BE PAYABLE FROM THE 2 FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED 3 AND CERTIFIED BY THE COMMISSIONER OF EDUCATION. THE COMMISSIONER OF 4 EDUCATION SHALL BE SOLELY RESPONSIBLE FOR ALLOCATING MONIES TO EACH 5 PARTICIPATING SCHOOL DISTRICT. 6 S 4. The sum of one million dollars ($1,000,000.00), or so much there- 7 of as may be necessary, is hereby appropriated to the department of 8 education out of any moneys in the state treasury in the general fund to 9 the credit of the New York state for science fund established under 10 section 96-a of the state finance law, not otherwise appropriated, and 11 made immediately available for the sole purpose of carrying out the 12 provisions of this act. Such moneys shall be payable on the audit and 13 warrant of the comptroller on vouchers certified or approved by the 14 commissioner of education in the manner prescribed by law. 15 S 5. This act shall take effect on the one hundred eightieth day after 16 it shall become a law. Effective immediately, the addition, amendment 17 and/or repeal of any rule or regulation necessary for the implementation 18 of this act on its effective date is authorized to be made and completed 19 on or before such date.