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

                                  5390

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. MAISEL, DelMONTE, BROOK-KRASNY, KAVANAGH, MARKEY
  -- Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, CLARK,  V. LOPEZ,
  PHEFFER,  SWEENEY,  TOWNS, WEISENBERG -- read once and referred 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:

  Section 1. Legislative findings  and  declaration.    The  legislature
hereby  finds  and  declares  it necessary to provide certain private or
nonpublic elementary and secondary schools with financial assistance  in
obtaining  scientific  equipment,  tools  and/or  resources necessary to
provide students with a proper education in the study of science regard-
less of their financial or social status.
  S 2. The education law is amended by adding a new article 78  to  read
as follows:

                               ARTICLE 78
                   NEW YORK STATE FOR SCIENCE PROGRAM

SECTION 3817. NEW YORK STATE FOR SCIENCE PROGRAM.
        3818. ELIGIBILITY.
        3819. ALLOCATION AND DETERMINATION OF STATE AID.

  S 3817. NEW YORK STATE FOR SCIENCE PROGRAM.  1. THERE IS HEREBY ESTAB-
LISHED A SPECIAL PROGRAM CALLED THE NEW YORK STATE FOR SCIENCE PROGRAM.
  2.  EACH  QUALIFYING  SCHOOL  DISTRICT SHALL BE ENTITLED TO RECEIVE AN
ANNUAL GRANT IN STATE AID EQUAL TO AN AMOUNT OF FIVE DOLLARS  PER  CHILD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07202-01-9
              

A. 5390                             2

ENROLLED  IN A PRIVATE OR NONPUBLIC SCHOOL MAINTAINED WITHIN SUCH SCHOOL
DISTRICT. SUCH AID SHALL BE SUPPLIED TOWARDS THE LOAN,  LEASE,  PURCHASE
AND USE OF ANY SCIENTIFIC EQUIPMENT, TOOLS AND/OR RESOURCES. EACH QUALI-
FYING  SCHOOL  DISTRICT SHALL APPROPRIATE MONIES TO ANY ELIGIBLE PRIVATE
OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL REGISTERED TO PARTICIPATE IN
THIS PROGRAM PRIOR TO  THE  UPCOMING  SCHOOL  YEAR.  SUCH  PARTICIPATING
SCHOOLS  SHALL  HAVE  SOLE  DISCRETION IN SELECTING THE EQUIPMENT, TOOLS
AND/OR RESOURCES TO BE LOANED, LEASED OR PURCHASED.   SUCH SCHOOL  SHALL
MAINTAIN RECORDS OF SUCH LOAN AGREEMENTS AND/OR PURCHASES.
  S  3818. ELIGIBILITY. 1. ANY SCHOOL DISTRICT HAVING A POPULATION WHERE
AT LEAST FIVE PERCENT OF THE POPULATION FALLS WITHIN THE POVERTY  INCOME
LEVEL  SHALL  QUALIFY  TO RECEIVE AN APPROPRIATION IN STATE AID EQUAL TO
FIVE DOLLARS PER STUDENT ENROLLED IN A PRIVATE OR  NONPUBLIC  SCHOOL  IN
SUCH DISTRICT.
  2.  ANY PRIVATE OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL MAINTAINED
WITHIN A QUALIFYING SCHOOL DISTRICT  AND  HAVING  A  STUDENT  POPULATION
WHERE AT LEAST TEN PER CENTUM OF SUCH POPULATION FALLS BELOW THE  POVER-
TY  INCOME  LEVEL SHALL BE ELIGIBLE FOR THE PROGRAM. ANY SUCH PRIVATE OR
NONPUBLIC SCHOOL SHALL REGISTER FOR THIS PROGRAM PRIOR  TO  COMMENCEMENT
OF  THE  UPCOMING  SCHOOL YEAR AND SHALL RE-REGISTER ON AN ANNUAL BASIS.
UPON REGISTRATION, THE DEPARTMENT SHALL DETERMINE WHETHER  SUCH  PRIVATE
OR  NONPUBLIC  SCHOOL  IS  ELIGIBLE  AND UPON THE RE-REGISTRATION, SHALL
REDETERMINE ELIGIBILITY AND SHALL REQUIRE AN ACCOUNTING  OF  THE  EQUIP-
MENT, TOOLS AND/OR RESOURCES LOANED, LEASED OR PURCHASED BY SUCH PRIVATE
OR NONPUBLIC SCHOOL.
  S  3819.  ALLOCATION  AND  DETERMINATION  OF  STATE  AID. 1. NO SCHOOL
DISTRICT SHALL ALLOCATE STATE AID TO ANY PRIVATE OR NONPUBLIC SCHOOL NOT
MEETING THE ELIGIBILITY REQUIREMENTS ESTABLISHED WITHIN SECTION  THIRTY-
EIGHT  HUNDRED  EIGHTEEN  OF THIS ARTICLE.  THE SCHOOL DISTRICT SHALL BE
RESPONSIBLE FOR THE ALLOCATION OF  SUCH  AID  TO  PRIVATE  OR  NONPUBLIC
SCHOOLS  ON  A  PRO RATED BASIS.   THE PERCENTAGE OF AID GRANTED TO EACH
PRIVATE OR NONPUBLIC SCHOOL SHALL BE BASED ON THE PERCENTAGE OF STUDENTS
FALLING BELOW THE POVERTY LEVEL.
  2. NO SUCH PRIVATE OR NONPUBLIC SCHOOL  SHALL  BE  GRANTED  STATE  AID
EXCEEDING  AN  AMOUNT  OF TEN THOUSAND DOLLARS PER YEAR, OR AS OTHERWISE
DETERMINED BY THE COMMISSIONER.   ANY SUPERFLUOUS MONEY  RESULTING  FROM
THE DIFFERENCE BETWEEN THE TOTAL AMOUNT OF STATE AID APPROPRIATED BY THE
COMMISSIONER TO THE SCHOOL DISTRICT AND THE TOTAL STATE AID ALLOCATED BY
SUCH  SCHOOL  DISTRICT TO ITS ELIGIBLE SCHOOLS SHALL BE TRANSFERRED BACK
TO THE COMMISSIONER FOR FURTHER APPROPRIATION, IF NECESSARY, OR SHALL BE
TRANSFERRED INTO THE NEW YORK STATE FOR SCIENCE FUND ESTABLISHED  PURSU-
ANT TO SECTION NINETY-SIX-A OF THE STATE FINANCE LAW.
  S  3. The state finance law is amended by adding a new section 96-a to
read as follows:
  S 96-A. NEW YORK STATE FOR SCIENCE FUND. 1.  THERE  IS  HEREBY  ESTAB-
LISHED IN THE SOLE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE NEW YORK STATE FOR SCIENCE FUND.
  2.  THE FUND SHALL CONSIST OF MONIES TRANSFERRED FROM THE GENERAL FUND
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
ANY OTHER FUND OR SOURCE PURSUANT TO  LAW.    NOTHING  CONTAINED  HEREIN
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  3.  MONEYS  OF  THE  FUND,  FOLLOWING APPROPRIATION BY THE LEGISLATURE
SHALL BE EXPENDED ONLY FOR THE PURPOSES OF PROVIDING FUNDING FOR THE NEW
YORK STATE FOR SCIENCE PROGRAM SET FORTH IN ARTICLE SEVENTY-EIGHT OF THE

A. 5390                             3

EDUCATION LAW FOR THE PURPOSE OF  PROVIDING  ASSISTANCE  TO  PRIVATE  OR
NONPUBLIC  SCHOOLS  FOR  THE  LOAN,  LEASE AND/OR PURCHASE OF SCIENTIFIC
EQUIPMENT, TOOLS AND/OR RESOURCES.   MONIES SHALL BE  PAYABLE  FROM  THE
FUND  ON  THE  AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED
AND CERTIFIED BY THE COMMISSIONER OF EDUCATION.    THE  COMMISSIONER  OF
EDUCATION  SHALL  BE  SOLELY  RESPONSIBLE  FOR ALLOCATING MONIES TO EACH
PARTICIPATING SCHOOL DISTRICT.
  S 4. The sum of one million dollars ($1,000,000.00), or so much there-
of as may be necessary, is hereby  appropriated  to  the  department  of
education out of any moneys in the state treasury in the general fund to
the  credit  of  the  New  York state for science fund established under
section 96-a of the state finance law, not otherwise  appropriated,  and
made  immediately  available  for  the  sole purpose of carrying out the
provisions of this act.  Such moneys shall be payable on the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved by the
commissioner of education in the manner prescribed by law.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall become a law. Effective immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such date.