S T A T E O F N E W Y O R K
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4261
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. CROUCH, MOLINARO -- Multi-Sponsored by -- M. of
A. CALHOUN, McDONOUGH, TOWNSEND, WALKER -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to exemptions from the
reduction of school aid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 3604 of the education law, as
amended by section 31 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
7. No district shall be entitled to any portion of such school moneys
on such apportionment unless the report of the trustees or board of
education for the preceding school year shall show that the public
schools were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified teach-
ers for not less than one hundred eighty days. The moneys payable to a
school district pursuant to section thirty-six hundred nine-a of this
[chapter] PART in the current year shall be reduced by one one-hundred
eightieth of the district's total foundation aid for each day less than
one hundred eighty days that the schools of the district were actually
in session, except that the commissioner may disregard such reduction,
up to five days, in the apportionment of public money, if he finds that
the schools of the district were not in session for one hundred eighty
days because of extraordinarily adverse weather conditions, impairment
of heating facilities, insufficiency of water supply, shortage of fuel,
lack of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, [or] the destruction of a school building either in
whole or in part, OR OTHER EMERGENCY SITUATIONS THAT REQUIRED THE
SCHOOL'S CLOSURE FOR THE HEALTH, SAFETY AND WELL-BEING OF ITS STAFF AND
STUDENTS, and if, further, the commissioner finds that such district
cannot make up such days of instruction by using for the secondary
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06889-01-9
A. 4261 2
grades all scheduled vacation days which occur prior to the first sched-
uled regents examination day in June, and for the elementary grades all
scheduled vacation days which occur prior to the last scheduled regents
examination day in June. For the purposes of this subdivision, "sched-
uled 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.