S T A T E O F N E W Y O R K
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2166
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to authorizing school
authorities to close school buildings used as polling places on days
of general election, spring primary, and fall primary
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 3602 of the education law is
amended by adding a new paragraph z to read as follows:
Z. "ELECTION DAY" MEANS ANY DAY ON WHICH IS HELD THE FALL PRIMARY,
SPRING PRIMARY, OR GENERAL ELECTION, AS PROVIDED IN SUBDIVISION ONE OF
SECTION 8-100 OF THE ELECTION LAW.
S 2. Paragraph d of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
d. "Average daily attendance" shall mean the total number of attend-
ance days of pupils in a public school of a school district in kinder-
garten through grade twelve, or equivalent ungraded programs, plus the
total number of instruction days for such pupils receiving homebound
instruction including pupils receiving instruction through a two-way
telephone communication system, divided by the number of days the
district school was in session as provided in this section. The attend-
ance of pupils with disabilities attending under the provisions of para-
graph c of subdivision two of section forty-four hundred one of this
chapter shall be added to average daily attendance.
(1) Equivalent attendance shall mean the quotient of the total number
of student hours of instruction in programs in a public school of a
school district or a board of cooperative educational services leading
to a high school diploma or a high school equivalency diploma as defined
in regulations of the commissioner for pupils under the age of twenty-
one not on a regular day school register of the district, divided by one
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05990-01-5
A. 2166 2
thousand. Average daily attendance shall include the equivalent attend-
ance of the school district. For the purposes of secondary school
weighting, such equivalent attendance shall be considered as average
daily attendance in grades seven through twelve.
(2) In computing average daily attendance, school districts may, with
the commissioner's approval, exclude attendance for those days on which
school attendance was adversely affected because of an epidemic or
manmade or natural disaster or act of terrorism. In computing such
attendance, the school district shall: (i) determine the number of reli-
gious holidays which fall on a school day within a school year according
to regulations established by the commissioner, such religious holidays
to be duly recognized as such for purposes of this section by duly
adopted resolution of the board of education; (ii) deduct the aggregate
attendance on such religious holidays from the total aggregate attend-
ance, by grade level; (iii) deduct such religious holidays from the
total number of days of session, by grade level; and (iv) compute the
average daily attendance for the school year. IN COMPUTING SUCH ATTEND-
ANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE THE NUMBER OF ELECTION
DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL YEAR, SUCH ELECTION DAYS
TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF THIS SECTION BY DULY
ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF THEY SO ELECT, AS TO
ANY SCHOOL BUILDING USED AS A POLLING PLACE ON ELECTION DAY AND OTHER-
WISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF PUPILS ON SUCH DAY;
(VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH ELECTION DAYS FROM THE
TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) DEDUCT SUCH ELECTION
DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY GRADE LEVEL; AND
(VIII) COMPUTE THE AVERAGE DAILY ATTENDANCE FOR THE SCHOOL YEAR.
S 3. Subparagraph 2 of paragraph a of subdivision 2 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2007, is amended to read as follows:
(2) In computing such attendance, the school district shall (i) deter-
mine the number of religious holidays which fall on a school day within
a school year according to regulations established by the commissioner,
such religious holidays to be duly recognized as such for purposes of
this section by duly adopted resolution of the board of education; (ii)
deduct the aggregate attendance on such religious holidays from the
total aggregate attendance, by grade level; (iii) deduct such religious
holidays from the total number of days of session, by grade level; AND
(iv) compute the weighted average daily attendance for the school year.
IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL
YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF
THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF
PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH
ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY
GRADE LEVEL; AND (VIII) COMPUTE THE WEIGHTED AVERAGE DAILY ATTENDANCE
FOR THE SCHOOL YEAR.
S 4. Subparagraph 2 of paragraph b of subdivision 2 of section 3602 of
the education law, as amended by section 13 of part B of chapter 57 of
the laws of 2007, is amended to read as follows:
(2) In computing such attendance, the school district shall (i) deter-
mine the number of religious holidays which fall on a school day within
a school year according to regulations established by the commissioner,
A. 2166 3
such religious holidays to be duly recognized as such for purposes of
this section by duly adopted resolution of the board of education; (ii)
deduct the aggregate attendance on such religious holidays from the
total aggregate attendance, by grade level; (iii) deduct such religious
holidays from the total number of days of session, by grade level; AND
(iv) compute the weighted average daily attendance for the school year.
IN COMPUTING SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL
YEAR, SUCH ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
THIS SECTION BY DULY ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF
THEY SO ELECT, AS TO ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF
PUPILS ON SUCH DAY; (VI) DEDUCT THE AGGREGATE ATTENDANCE ON SUCH
ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF SESSION, BY
GRADE LEVEL; AND (VIII) COMPUTE THE ADJUSTED AVERAGE DAILY ATTENDANCE
FOR THE SCHOOL YEAR.
S 5. This act shall take effect immediately.