Senate Bill S925

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

                                 925--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 THIRTEEN--TWO THOUSAND FOURTEEN
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 THIRTEEN--TWO THOUSAND FOURTEEN  SCHOOL  YEAR,
SUCH  FIXED  PERCENTAGE  AMOUNT SHALL BE SIXTY-FIVE PERCENT OF THE TOTAL
SCHOOL DISTRICT BUDGET;
  B. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEAR,
SUCH  FIXED  PERCENTAGE  AMOUNT  SHALL  BE  SEVENTY PERCENT OF THE TOTAL
SCHOOL DISTRICT BUDGET; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04406-02-1

              

S. 925--A                           2

  C. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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
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.