senate Bill S1436

2011-2012 Legislative Session

Establishes a credit against personal income taxes for certain tuition expenses and modifies income; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jun 02, 2011 reported and committed to finance
Jan 07, 2011 referred to investigations and government operations

Votes

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Jun 2, 2011 - Investigations and Government Operations committee Vote

S1436
6
0
committee
6
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: Jun 2, 2011

aye wr (2)

Co-Sponsors

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S1436 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, rpld & add §612 sub§ (j), Tax L; rpld & add §11-1712 sub (j), NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S1594

S1436 - Bill Texts

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Establishes a credit against personal income taxes for certain tuition expenses for taxpayers who qualify for an earned income tax credit, in the amount of 10% of the EIC, up to $500 per eligible dependent child; provides for a modification of gross taxable income for elementary and secondary school tuition for personal income tax purposes.

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BILL NUMBER:S1436

TITLE OF BILL:
An act
to amend the tax law, in relation to a credit against personal income
taxes for certain tuition expenses;
to amend the tax law and the administrative code of the city of New York,
in relation to providing for a modification of elementary and secondary
school tuition for personal income tax purposes; and repealing certain
provisions of such laws relating thereto

SUMMARY OF PROVISIONS:
Section 1 amends §606 of the Tax Law by adding a new subsection (ss)
to establish a tuition tax credit in the amount of 10% of the earned
income credit a taxpayer is allowed under IRC § 32 multiplied by
the number of dependents attending an elementary or secondary public
or nonpublic school on a full-time basis for at least three months
during the regular school year. This credit shall not exceed the
amour.t paid in tuition for each dependent and in no event 8h211
exceed $500.

Section 2 repeals §612 (j) of the Tax Law and adds new
subsection j, which establishes the Tuition tax deduction. Such
deduction shall not exceed the amount paid for each dependent in
tuition to an elementary or secondary public or non-public school for
the education of such dependent.

JUSTIFICATION:
In 2006, an effort to establish a tax credit to help families with
children was established. This credit was an important step towards
helping New York's families with child expenses, but was not linked
specifically to educational expenses. Family expenditures for
education can be significant and this measure aims to assist with
these expenses.

PRIOR LEGISLATIVE HISTORY:
S.1594, 2010 - Referred to Investigations and Government Operations
S.3691-A, 2007-08 - Referred to Tax and Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately, applying to the 2010 tax year and thereafter.

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

                                  1436

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by Sens. GOLDEN, DeFRANCISCO, JOHNSON, MAZIARZ -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the tax law, in relation to a  credit  against  personal
  income  taxes  for  certain tuition expenses; to amend the tax law and
  the administrative code of the  city  of  New  York,  in  relation  to
  providing  for  a  modification  of  elementary  and  secondary school
  tuition for  personal  income  tax  purposes;  and  repealing  certain
  provisions of such laws relating thereto

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (ss) to read as follows:
  (SS)  TUITION  TAX  CREDIT.  (1) GENERAL. A RESIDENT TAXPAYER SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, IN THE  AMOUNT
OF  TEN  PERCENT  OF  THE  EARNED INCOME CREDIT SUCH TAXPAYER IS ALLOWED
UNDER SECTION THIRTY-TWO OF THE INTERNAL REVENUE CODE FOR THE SAME TAXA-
BLE YEAR, MULTIPLIED BY THE NUMBER OF DEPENDENTS ATTENDING AN ELEMENTARY
OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL ON  A  FULL-TIME  BASIS  FOR  AT
LEAST  THREE MONTHS DURING THE REGULAR SCHOOL YEAR, FOR THE EDUCATION OF
SUCH DEPENDENT IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED THAT SUCH
CREDIT SHALL NOT EXCEED FIVE HUNDRED DOLLARS  PER  DEPENDENT  CHILD  AND
PROVIDED  FURTHER  THAT  SUCH  TAXPAYER  IS  ALLOWED  AN EXEMPTION UNDER
SECTION SIX HUNDRED SIXTEEN OF THIS  ARTICLE  FOR  SUCH  DEPENDENT.  THE
CREDIT  UNDER  THIS SUBSECTION SHALL NOT EXCEED THE AMOUNT PAID FOR EACH
SUCH DEPENDENT IN TUITION TO SUCH  ELEMENTARY  OR  SECONDARY  PUBLIC  OR
NONPUBLIC SCHOOL FOR SUCH EDUCATION OF SUCH DEPENDENT.
  (2) DEFINITIONS. (A) "TUITION", AS USED IN THIS SUBSECTION, SHALL MEAN
THE AMOUNT ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER FOR THE
ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR AT AN ELEMENTA-
RY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04637-01-1

S. 1436                             2

  (B)  "NONPUBLIC  SCHOOL",  AS  USED IN THIS SUBSECTION, SHALL MEAN ANY
NON-PROFIT ELEMENTARY OR SECONDARY SCHOOL IN  THE  STATE  OF  NEW  YORK,
OTHER  THAN  A  PUBLIC  SCHOOL,  WHICH  (I)  IS PROVIDING INSTRUCTION IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THE  EDUCATION  LAW, (II) HAS NOT BEEN FOUND TO BE IN VIOLATION OF TITLE
VI OF THE CIVIL RIGHTS ACT OF NINETEEN HUNDRED SIXTY-FOUR, 78 STAT. 252,
42 U.S.C. SEC. 2000 (D) AND (III) WHICH IS ENTITLED TO A  TAX  EXEMPTION
UNDER  SECTIONS  FIVE HUNDRED ONE (A) AND FIVE HUNDRED ONE (C)(3) OF THE
INTERNAL REVENUE CODE. THE COMMISSIONER OF EDUCATION  SHALL  FURNISH  TO
THE  COMMISSIONER  BY  JANUARY  FIRST  OF EACH YEAR, A CERTIFIED LIST OF
NONPUBLIC SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS SUBPARAGRAPH  FOR
THE PRECEDING CALENDAR YEAR AND SHALL PROVIDE SUCH OTHER ASSISTANCE WITH
RESPECT  TO WHETHER NONPUBLIC SCHOOLS COME WITHIN SUCH CLAUSE (I) AS THE
COMMISSIONER MAY REQUIRE.
  (C) "PUBLIC SCHOOL", AS  USED  IN  THIS  SUBSECTION,  SHALL  MEAN  ANY
ELEMENTARY  OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS SUBJECT
TO THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO  SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER  SCHOOL ORGANIZED PURSUANT TO ARTICLE FIFTY-SIX OF THE EDUCATION
LAW.
  (D) "REGULAR SCHOOL YEAR", AS USED IN THIS SUBSECTION, SHALL MEAN  THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  S  2.   Subsection (j) of section 612 of the tax law is REPEALED and a
new subsection (j) is added to read as follows:
  (J) TUITION TAX DEDUCTION. (1) GENERAL. AN INDIVIDUAL SHALL  BE  ENTI-
TLED TO SUBTRACT FROM HIS OR HER FEDERAL ADJUSTED GROSS INCOME AN AMOUNT
NOT EXCEEDING THE AMOUNT SHOWN IN THE TABLE SET FORTH IN THIS PARAGRAPH,
MULTIPLIED  BY  THE  NUMBER  OF  DEPENDENTS  ATTENDING  AN ELEMENTARY OR
SECONDARY PUBLIC OR NONPUBLIC SCHOOL ON A FULL-TIME BASIS FOR  AT  LEAST
THREE  MONTHS  DURING  THE REGULAR SCHOOL YEAR FOR THE EDUCATION OF SUCH
DEPENDENT IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED SUCH  INDIVID-
UAL  IS  ALLOWED  AN EXEMPTION UNDER SECTION SIX HUNDRED SIXTEEN OF THIS
PART FOR SUCH DEPENDENT. PROVIDED, FURTHER,  THAT  THE  DEDUCTION  UNDER
THIS  PARAGRAPH SHALL NOT EXCEED THE AMOUNT PAID FOR EACH SUCH DEPENDENT
IN TUITION TO SUCH ELEMENTARY OR SECONDARY PUBLIC  OR  NONPUBLIC  SCHOOL
FOR SUCH EDUCATION OF SUCH DEPENDENT.
  (A) FOR THE TAXABLE  YEAR BEGINNING JANUARY 1, 2010,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $2,500
     115,000--119,999          2,150
     120,000--124,999          1,800
     125,000--129,999          1,450
     130,000--134,999          1,100
     135,000--139,999            750
     140,000--144,999            400
     145,000--149,999             50
     150,000 AND OVER              0
  (B) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2011,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $5,000

S. 1436                             3

     115,000--119,999          4,300
     120,000--124,999          3,600
     125,000--129,999          2,900
     130,000--134,999          2,200
     135,000--139,999          1,500
     140,000--144,999            800
     145,000--149,999            100
     150,000 AND OVER              0
  (C) FOR THE TAXABLE YEARS BEGINNING JANUARY 1, 2012,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $7,500
     115,000--119,999          6,450
     120,000--124,999          5,400
     125,000--129,999          4,350
     130,000--134,999          3,300
     135,000--139,999          2,250
     140,000--144,999          1,200
     145,000--149,999            150
     150,000 AND OVER              0
  (D) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2013 AND THEREAFTER,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $10,000
     115,000--119,999           8,750
     120,000--124,999           7,500
     125,000--129,999           6,250
     130,000--134,999           5,000
     135,000--139,999           3,750
     140,000--144,999           2,500
     145,000--149,999           1,250
     150,000 AND OVER               0
  (2)  HUSBAND  AND WIFE. IN DETERMINING THE APPLICABLE FEDERAL ADJUSTED
GROSS  INCOME OF A HUSBAND AND WIFE WHO FILE JOINTLY  ON  THEIR  FEDERAL
TAX  RETURN,  WHETHER  OR NOT THEY FILE SEPARATE NEW YORK STATE RETURNS,
FOR PURPOSES  OF  THE  TABLE  SET  FORTH  IN    PARAGRAPH  ONE  OF  THIS
SUBSECTION,  THE  FEDERAL  ADJUSTED  GROSS  INCOME OF A HUSBAND AND WIFE
SHALL BE THE AGGREGATE OF THEIR FEDERAL ADJUSTED GROSS INCOMES  FOR  THE
TAXABLE  YEAR.  THE HUSBAND OR WIFE TAXPAYER WHO CLAIMS AN EXEMPTION FOR
THE DEPENDENT ON HIS OR HER NEW YORK STATE INCOME TAX  RETURN  SHALL  BE
ALLOWED  TO  TAKE  THE  DEDUCTION  PRESCRIBED  IN  PARAGRAPH ONE OF THIS
SUBSECTION.
  (3) DEFINITIONS. (A) "TUITION", AS USED IN THIS SUBSECTION, SHALL MEAN
THE AMOUNT ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER FOR THE
ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR AT AN ELEMENTA-
RY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.
  (B) "NONPUBLIC SCHOOL", AS USED IN THIS  SUBSECTION,  SHALL  MEAN  ANY
NON-PROFIT  ELEMENTARY  OR  SECONDARY  SCHOOL  IN THE STATE OF NEW YORK,
OTHER THAN A PUBLIC  SCHOOL,  WHICH  (I)  IS  PROVIDING  INSTRUCTION  IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THE  EDUCATION  LAW, (II) HAS NOT BEEN FOUND TO BE IN VIOLATION OF TITLE
VI OF THE CIVIL RIGHTS ACT OF  NINETEEN  HUNDRED  SIXTY-FOUR,  78  STAT.

S. 1436                             4

252,  42  U.S.C.  SEC.  2000  (D)  AND  (III) WHICH IS ENTITLED TO A TAX
EXEMPTION UNDER SECTIONS FIVE HUNDRED ONE (A) AND FIVE HUNDRED  ONE  (C)
(3)  OF  THE  INTERNAL REVENUE CODE. THE COMMISSIONER OF EDUCATION SHALL
FURNISH  TO  THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR, A CERTIFIED
LIST OF NONPUBLIC SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS  SUBPARA-
GRAPH  FOR  THE  PRECEDING  CALENDAR  YEAR  AND SHALL PROVIDE SUCH OTHER
ASSISTANCE WITH RESPECT TO WHETHER NONPUBLIC SCHOOLS  COME  WITHIN  SUCH
CLAUSE (I) AS THE COMMISSIONER MAY REQUIRE.
  (C)  "PUBLIC  SCHOOL",  AS  USED  IN  THIS  SUBSECTION, SHALL MEAN ANY
ELEMENTARY OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS  SUBJECT
TO  THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER SCHOOL ORGANIZED PURSUANT TO ARTICLE  FIFTY-SIX OF THE EDUCATION
LAW.
  (D) "REGULAR SCHOOL YEAR", AS USED IN THIS SUBSECTION, SHALL MEAN  THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  (4)  ADDITIONAL  INFORMATION.  ANY CLAIM FOR A MODIFICATION UNDER THIS
SUBSECTION  SHALL BE ACCOMPANIED BY SUCH INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
  S 3. Subdivision (j) of section 11-1712 of the administrative code  of
the  city  of New York is REPEALED and a new subdivision (j) is added to
read as follows:
  (J) TUITION TAX DEDUCTION.  (1) GENERAL. AN INDIVIDUAL SHALL BE  ENTI-
TLED TO SUBTRACT FROM HIS OR HER FEDERAL ADJUSTED GROSS INCOME AN AMOUNT
NOT EXCEEDING THE AMOUNT SHOWN IN THE TABLE SET FORTH IN THIS PARAGRAPH,
MULTIPLIED  BY  THE  NUMBER  OF  DEPENDENTS  ATTENDING  AN ELEMENTARY OR
SECONDARY PUBLIC OR NONPUBLIC SCHOOL ON A FULL-TIME BASIS FOR  AT  LEAST
THREE  MONTHS  DURING  THE REGULAR SCHOOL YEAR FOR THE EDUCATION OF SUCH
DEPENDENT IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED SUCH  INDIVID-
UAL IS ALLOWED AN EXEMPTION UNDER SECTION 11-1716 OF THIS SUBCHAPTER FOR
SUCH  DEPENDENT.  PROVIDED, FURTHER, THAT THE DEDUCTION UNDER THIS PARA-
GRAPH SHALL NOT EXCEED THE  AMOUNT  PAID  FOR  EACH  SUCH  DEPENDENT  IN
TUITION  TO  SUCH ELEMENTARY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL FOR
SUCH EDUCATION OF SUCH DEPENDENT.
  (A) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2010,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $2,500
     115,000--119,999          2,150
     120,000--124,999          1,800
     125,000--129,999          1,450
     130,000--134,999          1,100
     135,000--139,999            750
     140,000--144,999            400
     145,000--149,999             50
     150,000 AND OVER              0
  (B) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2011,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $5,000
     115,000--119,999          4,300
     120,000--124,999          3,600

S. 1436                             5

     125,000--129,999          2,900
     130,000--134,999          2,200
     135,000--139,999          1,500
     140,000--144,999            800
     145,000--149,999            100
     150,000 AND OVER              0
  (C) FOR THE TAXABLE YEARS BEGINNING JANUARY 1, 2012,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $7,500
     115,000--119,999          6,450
     120,000--124,999          5,400
     125,000--129,999          4,350
     130,000--134,999          3,300
     135,000--139,999          2,250
     140,000--144,999          1,200
     145,000--149,999            150
     150,000 AND OVER              0
  (D) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2013 AND THEREAFTER,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $10,000
     115,000--119,999           8,750
     120,000--124,999           7,500
     125,000--129,999           6,250
     130,000--134,999           5,000
     135,000--139,999           3,750
     140,000--144,999           2,500
     145,000--149,999           1,250
     150,000 AND OVER               0
  (2)  HUSBAND  AND WIFE. IN DETERMINING THE APPLICABLE FEDERAL ADJUSTED
GROSS INCOME OF A HUSBAND AND WIFE WHO FILE JOINTLY ON THEIR FEDERAL TAX
RETURN, WHETHER OR NOT THEY FILE SEPARATE NEW YORK  STATE  RETURNS,  FOR
PURPOSES  OF  THE  TABLE SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION,
THE FEDERAL ADJUSTED GROSS INCOME OF A HUSBAND AND  WIFE  SHALL  BE  THE
AGGREGATE  OF THEIR FEDERAL ADJUSTED GROSS INCOMES FOR THE TAXABLE YEAR.
THE HUSBAND OR WIFE TAXPAYER WHO CLAIMS AN EXEMPTION FOR THE   DEPENDENT
ON  HIS  OR HER NEW YORK CITY INCOME TAX RETURN SHALL BE ALLOWED TO TAKE
THE DEDUCTION PRESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION.
  (3) DEFINITIONS. (A) "TUITION", AS USED  IN  THIS  SUBDIVISION,  SHALL
MEAN  THE  AMOUNT  ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER
FOR THE ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR  AT  AN
ELEMENTARY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.
  (B)  "NONPUBLIC  SCHOOL",  AS USED IN THIS SUBDIVISION, SHALL MEAN ANY
NON-PROFIT ELEMENTARY OR SECONDARY SCHOOL IN  THE  STATE  OF  NEW  YORK,
OTHER  THAN  A  PUBLIC  SCHOOL,  WHICH  (I)  IS PROVIDING INSTRUCTION IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION   THIRTY-TWO HUNDRED  FOUR
OF  THE  EDUCATION  LAW,  (II)  HAS NOT BEEN FOUND TO BE IN VIOLATION OF
TITLE VI OF THE CIVIL RIGHTS ACT  OF  NINETEEN  HUNDRED  SIXTY-FOUR,  78
STAT.  252, 42 U.S.C. SEC. 2000 (D) AND (III) WHICH IS ENTITLED TO A TAX
EXEMPTION UNDER SECTIONS FIVE HUNDRED ONE (A) AND FIVE HUNDRED  ONE  (C)
(3)  OF  THE  INTERNAL REVENUE CODE. THE COMMISSIONER OF EDUCATION SHALL

S. 1436                             6

FURNISH TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR,  A  CERTIFIED
LIST  OF NONPUBLIC SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS SUBPARA-
GRAPH FOR THE PRECEDING CALENDAR  YEAR  AND  SHALL  PROVIDE  SUCH  OTHER
ASSISTANCE  WITH  RESPECT  TO WHETHER NONPUBLIC SCHOOLS COME WITHIN SUCH
CLAUSE (I) AS THE COMMISSIONER MAY REQUIRE.
  (C) "PUBLIC SCHOOL", AS USED  IN  THIS  SUBDIVISION,  SHALL  MEAN  ANY
ELEMENTARY  OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS SUBJECT
TO THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO  SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER  SCHOOL ORGANIZED PURSUANT TO ARTICLE FIFTY-SIX OF THE EDUCATION
LAW.
  (D) "REGULAR SCHOOL YEAR", AS USED IN THIS SUBDIVISION, SHALL MEAN THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  (4) ADDITIONAL INFORMATION. ANY CLAIM FOR A  MODIFICATION  UNDER  THIS
SUBDIVISION SHALL BE ACCOMPANIED BY SUCH INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2010.

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