senate Bill S2924

Permits apportionment of state aid where a school was not in session due to extraordinary weather conditions, disasters or emergencies during the two thousand twelve-thirteen school year

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Sponsor

Bill Status


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

  • 25 / Jan / 2013
    • REFERRED TO EDUCATION
  • 19 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Permits apportionment of state aid where a school was not in session due to extraordinary weather conditions, disasters or emergencies during the two thousand twelve-two thousand thirteen school year.

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Bill Details

See Assembly Version of this Bill:
A150
Versions:
S2924
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3604, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A10816, A10816

Sponsor Memo

BILL NUMBER:S2924

TITLE OF BILL: An act to amend the education law, in relation to
permitting apportionment of state aid where a school was not in session
due to extraordinary weather conditions, disasters or emergencies during
the two thousand twelve-two thousand thirteen school year

PURPOSE OR GENERAL IDEA OF BILL: To ensure that school districts for
the current school year (12-13) are not penalized for being unable to
open due to due to extraordinary circumstances, emergency or disaster

SUMMARY OF SPECIFIC PROVISIONS: Amends Education Law § 3604 by adding a
new section to require the commissioner to hold school districts finan-
cially harmless if a school has lost up to ten days and is unable to be
in session for the state mandated 180 days due to a duly declared state
of emergency following a federally and state recognized natural disas-
ter. This would require certifications by the school superintendent. The
provision is effective for only the 2012-2013 school year.

JUSTIFICATION: Hurricane Sandy was one of the biggest storms to ever
hit the New York City tri-state area. Many areas were affected causing
massive infrastructure damage, flooding many areas and creating unsafe
conditions. Specifically, the New York City Transit system was shut down
and many school districts were all closed. This bill would ensure that
school districts that closed due to the storm are not denied their share
of state aid because they may be open for less than the minimum 180 days
for the 2012-13 school year. School Districts like New York City should
not be penalized for doing the right thing for parents, students and
many of its local residents by keeping its students safe and out of
harm's way. There is precedent for this action. During the 2012 Legisla-
tive Session, the Legislature passed a similar provision for many
upstate areas that were affected by Hurricane Irene and Tropical Storm
Lee in 2011.

PRIOR LEGISLATIVE HISTORY: Senate: New Bill; Assembly Rules: A.10816 of
2011-2012.

FISCAL IMPLICATIONS: None to the State; would ensure that affected
areas receive their share of state aid.

EFFECTIVE DATE: Immediately.

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

                                  2924

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to permitting  apportion-
  ment  of  state  aid where a school was not in session due to extraor-
  dinary weather conditions, disasters or  emergencies  during  the  two
  thousand twelve-two thousand thirteen school year

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

  Section 1. Section 3604 of the education law is amended  by  adding  a
new subdivision 7-b to read as follows:
  7-B.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS
SECTION, FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
THE COMMISSIONER SHALL DISREGARD SUCH REDUCTION, UP TO TEN DAYS, IN  THE
APPORTIONMENT  OF  PUBLIC MONEY, IF THE SCHOOLS OF THE DISTRICT WERE NOT
IN SESSION FOR  ONE  HUNDRED  EIGHTY  DAYS  BECAUSE  OF  EXTRAORDINARILY
ADVERSE WEATHER CONDITIONS, FEDERAL DECLARATIONS OF NATURAL DISASTERS, A
STATE  DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE  EXECUTIVE
LAW, THE CLOSING OF TRANSPORTATION ROUTES PURSUANT TO A  DECLARED  LOCAL
STATE  OF EMERGENCY, IMPAIRMENT OF HEATING FACILITIES,  INSUFFICIENCY OF
WATER SUPPLY, SHORTAGE OF FUEL, LACK OF ELECTRICITY, OR THE  DESTRUCTION
OF  A  SCHOOL  BUILDING EITHER IN WHOLE OR IN PART, AND IF, FURTHER, THE
DISTRICT SUPERINTENDENT CERTIFIES THAT SUCH DISTRICT CANNOT MAKE UP SUCH
DAYS OF INSTRUCTION BY USING FOR  THE  SECONDARY  GRADES  ALL  SCHEDULED
VACATION DAYS WHICH OCCUR PRIOR TO THE FIRST SCHEDULED  REGENTS EXAMINA-
TION  DAY  IN JUNE, AND FOR THE ELEMENTARY GRADES ALL SCHEDULED VACATION
DAYS WHICH OCCUR PRIOR TO THE LAST SCHEDULED REGENTS EXAMINATION DAY  IN
JUNE;  AND  IF,  FURTHER,  THE  DISTRICT SUPERINTENDENT CERTIFIES TO THE
COMMISSIONER THAT TO DO SO WOULD IMPERIL  STUDENTS,  FACULTY  AND  STAFF
WHILE REPAIRS CONTINUE. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHEDULED
VACATION DAYS" SHALL MEAN DAYS  ON WHICH THE SCHOOLS OF THE DISTRICT ARE
NOT  IN SESSION AND FOR WHICH NO PROHIBITION EXISTS IN SUBDIVISION EIGHT
OF THIS SECTION FOR THEM TO BE IN SESSION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00120-01-3

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