S T A T E   O F   N E W   Y O R K
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                                   597

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  requiring  fixed
  percentages  of  school  district  budgets  to  be  used for classroom
  expenses

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

  Section 1. The education law is amended by adding a new section 1527-a
to read as follows:
  S  1527-A.  SCHOOL BUDGET CLASSROOM EXPENSES.  1. FOR PURPOSES OF THIS
SECTION, THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED  TO  PROMUL-
GATE  RULES  AND REGULATIONS TO DEFINE THE TERM "CLASSROOM EXPENSES" AND
TO IDENTIFY THOSE EXPENSES AT A SCHOOL DISTRICT WHICH SHALL  QUALIFY  AS
CLASSROOM EXPENSES.
  2.  BEGINNING  WITH  THE  TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR AND EVERY SCHOOL YEAR THEREAFTER, THE SCHOOL  DISTRICT  BUDGET  FOR
EACH  SCHOOL DISTRICT IN THIS STATE SHALL, AT A MINIMUM, PROVIDE A FIXED
PERCENTAGE AMOUNT OF SUCH BUDGET THAT SHALL BE  DEDICATED  AND  UTILIZED
FOR CLASSROOM EXPENSES WITHIN SUCH SCHOOL DISTRICT, AS FOLLOWS:
  A.  FOR  THE  TWO  THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, SUCH
FIXED PERCENTAGE AMOUNT SHALL BE SIXTY-FIVE PERCENT OF THE TOTAL  SCHOOL
DISTRICT BUDGET;
  B.  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, SUCH
FIXED PERCENTAGE AMOUNT SHALL BE SEVENTY PERCENT  OF  THE  TOTAL  SCHOOL
DISTRICT BUDGET; AND
  C.  FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND
EACH SCHOOL YEAR THEREAFTER,  SUCH  FIXED  PERCENTAGE  AMOUNT  SHALL  BE
SEVENTY-FIVE PERCENT OF THE TOTAL SCHOOL DISTRICT BUDGET.
  3.  ANY  SCHOOL  DISTRICT  WHICH PROVIDES LESS THAN THE REQUIRED FIXED
PERCENTAGE AMOUNT FOR CLASSROOM EXPENSES SET FORTH IN SUBDIVISION TWO OF
THIS SECTION FOR ANY SCHOOL YEAR SHALL  INCREASE  THAT  PORTION  OF  ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02918-01-9
              

S. 597                              2

BUDGET DEDICATED AND UTILIZED FOR CLASSROOM EXPENSES BY A MINIMUM OF TWO
PERCENT  EACH  YEAR UNTIL SUCH SCHOOL DISTRICT IS IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION.
  4.  IF  ANY SCHOOL DISTRICT IS UNABLE TO COMPLY WITH THE PROVISIONS OF
THIS SECTION FOR ANY SCHOOL YEAR, SUCH SCHOOL DISTRICT MAY APPLY TO  THE
COMMISSIONER  FOR  A WAIVER FROM THE PROVISIONS OF THIS SECTION FOR SUCH
SCHOOL YEAR. UPON A FINDING BY THE  COMMISSIONER  THAT  SPECIAL  CIRCUM-
STANCES  EXIST  THAT  JUSTIFY SUCH NONCOMPLIANCE, THE COMMISSIONER SHALL
GRANT SUCH WAIVER FOR SUCH SCHOOL YEAR. SUCH WAIVER SHALL  BE  RENEWABLE
ON  A  YEAR  TO  YEAR BASIS UPON A FINDING BY THE COMMISSIONER THAT SUCH
SPECIAL CIRCUMSTANCES CONTINUE TO EXIST.
  S 2. This act shall take effect immediately.