senate Bill S2346A

Provides that no school located in a city with a population of one million or more shall be in session on general election day

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Jan / 2011
    • REFERRED TO EDUCATION
  • 10 / Mar / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 10 / Mar / 2011
    • PRINT NUMBER 2346A
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Provides that no school located in a city with a population of one million or more shall be in session on general election day.

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Bill Details

Versions:
S2346
S2346A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง3604, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S5494A

Sponsor Memo

BILL NUMBER:S2346A

TITLE OF BILL:
An act
to amend the education law, in relation to school session days

PURPOSE:
This bill amends Education Law section 3604 subdivision 8 to prohibit
school on general election day in a city with a population of one
million or more.

SUMMARY OF PROVISIONS:
Section 1: Prohibits school on general election day in a city with one
million or more residents.

Section 2: Provides for the Act to take effect immediately.

JUSTIFICATION:
The need for suitable poll sites, especially disabled accessible ones,
has never been greater. Throughout the state new ballot marking
devices and optical scan voting machines that are accessible to those
with disabilities have replaced the lever machines. However, while
these new systems are disabled accessible, all poll sites are not.

The new voting systems and their ability to handle multiple ballot
types and election districts will require a reconfiguration of
election districts and poll sites to maximize the efficient use of
the new machines. Schools are ideal poll sites because they are
public buildings, are usually accessible to the disabled and have
ample parking.
Election Law section 4-104.3 reflects a preference for using schools
as poll sites by stating that "a building exempt from taxation shall
be used whenever possible as a polling place if it is situated in the
same or a contiguous election district and, and may contain as many
distinctly separate polling places as public convenience may
require." The expense, if any, incidental to its use shall be paid
like the expense of other places for registration and voting.

If the board or body empowered to designate polling places chooses a
public school building for such purposes, as often happens, the board
or agency which controls such building must make available a room or
rooms in such building which are suitable for registration and
voting, and which are as close as possible to a convenient entrance
to such building and accessible to the physically disabled.

However, the use of schools for poll sites when school is in session
can and often does disrupt the usual schedule and operations of the
entire
school day, as well as the instruction occurring in the classrooms.
And, an increased concern about the safety of the children at the
schools makes school officials reluctant to open up their buildings
for a public use while children are present. It also reduces
available parking when school is in session on election day.

By requiring that schools in cities with a population or one million
or more are to be closed on election day, this bill will increase the


availability of accessible public buildings for poll sites while
causing minimal disruption to a school and no security risk for
students.

LEGISLATIVE HISTORY:
2009-2010: S.5494 - Referred to Education.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2346--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to school session days

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 3604  of  the  education  law,  as
amended  by  section  46 of part H of chapter 83 of the laws of 2002, is
amended to read as follows:
  8. No school shall be in session on a Saturday  or  a  legal  holiday,
except  general election day, Washington's birthday and Lincoln's birth-
day, and except that driver education classes  may  be  conducted  on  a
Saturday.  NO  SCHOOL LOCATED IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE SHALL BE IN SESSION ON GENERAL ELECTION DAY.  A  deficiency  not
exceeding  three days during any school year caused by teachers' attend-
ance upon conferences held by superintendents of schools of city  school
districts or other school districts employing superintendents of schools
shall  be excused by the commissioner, provided however, notwithstanding
any other provision of law, that during the nineteen hundred ninety-two-
-ninety-three through the two thousand two--two  thousand  three  school
years  and  thereafter,  the  commissioner shall excuse a deficiency not
exceeding four days during such school year caused by teachers'  attend-
ance  upon  conferences  held  by such superintendents, provided that at
least two such conference days during such school year  shall  be  dedi-
cated  to  staff attendance upon conferences providing staff development
relating to implementation  of  the  new  high  learning  standards  and
assessments,  as  adopted  by  the board of regents. Notwithstanding any
other provision of law, rule  or  regulation  to  the  contrary,  school
districts may elect to use one or more of such allowable conference days
in  units  of  not  less than one hour each to provide staff development

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00088-02-1

S. 2346--A                          2

activities relating to implementation of the new high learning standards
and assessments. A district making such election may provide such  staff
development  during the regularly scheduled daily session and apply such
units  to  satisfy  a  deficiency  in  the  length  of one or more daily
sessions of instruction for pupils as specified in  regulations  of  the
commissioner.  The  commissioner  shall assure that such conference days
include appropriate school violence prevention and  intervention  train-
ing, and may require that up to one such conference day be dedicated for
such purpose.
  S 2. This act shall take effect immediately.

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