S T A T E   O F   N E W   Y O R K
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                                  6258

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced by M. of A. MAISEL -- 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 3850. NEW YORK STATE FOR SCIENCE PROGRAM.
        3851. ELIGIBILITY.
        3852. ALLOCATION AND DETERMINATION OF STATE AID.

  S 3850. 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
ENROLLED IN A PRIVATE OR NONPUBLIC SCHOOL MAINTAINED WITHIN SUCH  SCHOOL
DISTRICT.  SUCH  AID SHALL BE SUPPLIED TOWARDS THE LOAN, LEASE, PURCHASE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07980-01-1
              

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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 3851. 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 3852. 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
EDUCATION  LAW  FOR  THE  PURPOSE  OF PROVIDING ASSISTANCE TO PRIVATE OR
NONPUBLIC SCHOOLS FOR THE LOAN,  LEASE  AND/OR  PURCHASE  OF  SCIENTIFIC

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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.