NY State Senate Bill 2013-S4737

Senate Bill S4737

2013-2014 Legislative Session

Provides that no school located in a city with a population of one million or more shall be in session on general election day

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to education
Apr 19, 2013	referred to education

co-Sponsors

2013-S4737 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3604, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5494
2011-2012: S2346
2015-2016: S4230
2017-2018: S4012
2019-2020: S2745
2021-2022: S3426
2023-2024: S2024

2013-S4737 (ACTIVE) - Summary

Provides that no school located in a city with a population of one million or more shall be in session on general election day.

2013-S4737 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4737

TITLE OF BILL:  An act to amend the education law, in relation to
school session days

PURPOSE:

This bill amends Education Law section 3604 subdivision 8 to prohibit
school on general election day in a city with a population of one
million or more.

SUMMARY OF PROVISIONS:

Section 1: Prohibits school on general election day in a city with one
million or more residents.

Section 2: Provides for the Act to take effect immediately.

JUSTIFICATION:

The need for suitable poll sites, especially disabled accessible ones,
has never been greater. Throughout the state new ballot marking
devices and optical scan voting machines that are accessible to those
with disabilities have replaced the lever machines. However, while
these new systems are disabled accessible, all poll sites are not.

The new voting systems and their ability to handle multiple ballot
types and election districts will require a reconfiguration of
election districts and poll sites to maximize the efficient use of the
new machines. Schools are ideal poll sites because they are public
buildings, are usually accessible to the disabled and have ample
parking. Election Law section 4-104.3 reflects a preference for using
schools as poll sites by stating that "a building exempt from taxation
shall be used whenever possible as a polling place if it is situated
in the same or a contiguous election district and, and may contain as
many distinctly separate polling places as public convenience may
require." The expense, if any, incidental to its use shall be paid
like the expense of other places for registration and voting.

If the board or body empowered to designate polling places chooses a
public school building for such purposes, as often happens, the board
or agency which controls such building must make available a room or
rooms in such building which are suitable for registration and voting,
and which are as close as possible to a convenient entrance to such
building and accessible to the physically disabled.

However, the use of schools for poll sites when school is in session
can and often does disrupt the usual schedule and operations of the
entire school day, as well as the instruction occurring in the
classrooms. And, an increased concern about the safety of the children
at the schools makes school officials reluctant to open up their
buildings for a public use while children are present. It also reduces
available parking when school is in session on election day.

By requiring that schools in cities with a population or one million
or more are to be closed on election day, this bill will increase the
availability of accessible public buildings for poll sites while


causing minimal disruption to a school and no security risk for
students.

LEGISLATIVE HISTORY:

2011-2012: S. 2346A - Referred to Education.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S4737 (ACTIVE) - Bill Text download pdf

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

                                  4737

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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 school session days

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

  Section  1.  Subdivision  8  of  section 3604 of the education law, as
amended by chapter 260 of the laws  of  2012,  is  amended  to  read  as
follows:
  8.  No  school  shall  be in session on a Saturday or a legal holiday,
except general election day, Washington's birthday and Lincoln's  birth-
day,  and  except  that  driver  education classes may be conducted on a
Saturday. NO SCHOOL LOCATED IN A CITY WITH A POPULATION OF  ONE  MILLION
OR  MORE  SHALL  BE IN SESSION ON GENERAL ELECTION DAY. A deficiency not
exceeding four days during any school year caused by  teachers'  attend-
ance  upon conferences held by superintendents of schools of city school
districts or other school districts employing superintendents of schools
shall be excused by the commissioner, notwithstanding any  provision  of
law,  rule or regulation to the contrary, a school district may elect to
schedule such conference days in the last two weeks of  August,  subject
to  collective  bargaining  requirements pursuant to article fourteen of
the civil service law, and  such  days  shall  be  counted  towards  the
required one hundred eighty days of session, provided however, that such
scheduling  shall  not  alter  the  obligation of the school district to
provide transportation to students in non-public elementary and  second-
ary  schools  or  charter schools. The commissioner shall excuse a defi-
ciency not exceeding four days during such school year caused by  teach-
ers'  attendance upon conferences held by such superintendents, provided
that at least two such conference days during such school year shall  be
dedicated  to staff attendance upon conferences providing staff develop-
ment relating to implementation of the new high learning  standards  and
assessments,  as  adopted  by  the board of regents. Notwithstanding any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03198-02-3

S. 4737                             2

other provision of law, rule  or  regulation  to  the  contrary,  school
districts may elect to use one or more of such allowable conference days
in  units  of  not  less than one hour each to provide staff development
activities relating to implementation of the new high learning standards
and  assessments. A district making such election may provide such staff
development during the regularly scheduled daily session and apply  such
units  to  satisfy  a  deficiency  in  the  length  of one or more daily
sessions of instruction for pupils as specified in  regulations  of  the
commissioner.  The  commissioner  shall assure that such conference days
include appropriate school violence prevention and  intervention  train-
ing, and may require that up to one such conference day be dedicated for
such purpose.
  S 2. This act shall take effect immediately.

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Senate Bill S4737

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Sponsored By

Joseph P. Addabbo Jr.