NY State Senate Bill 2017-S6089

Senate Bill S6089

Vetoed By Governor

2017-2018 Legislative Session

Relates to the calculation of nonpublic schools' eligibility to receive aid

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	vetoed memo.236
Dec 06, 2017	delivered to governor
Jun 21, 2017	returned to senate passed assembly ordered to third reading rules cal.680 substituted for a7833
Jun 20, 2017	referred to ways and means delivered to assembly passed senate ordered to third reading cal.2058
Jun 06, 2017	reported and committed to rules
May 11, 2017	referred to education

Votes

- Jun 20, 2017 - Floor Vote
  S6089
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Jun 20, 2017 - Rules Committee Vote
  S6089
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Krueger
  Jun 6, 2017 - Education Committee Vote
  S6089
  
  17
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jun 6, 2017
      
      aye (17)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Brooks
      
      Croci
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Stavisky
      
      aye wr (1)
      
      Montgomery
      
      excused (1)
      
      Serino

co-Sponsors

View additional co-sponsors

2017-S6089 (ACTIVE) - Details

See Assembly Version of this Bill:: A7833
Law Section:: Education
Laws Affected:: Amd §3, Chap 507 of 1974

2017-S6089 (ACTIVE) - Summary

Relates to the calculation of nonpublic schools' eligibility to receive aid.

2017-S6089 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6089

 TITLE OF BILL :

An act to amend chapter 507 of the laws of 1974, relating to providing
for the apportionment of state monies to certain nonpublic schools, to
reimburse them for their expenses in complying with certain state
requirements for the administration of state testing and evaluation
programs and for participation in state programs for the reporting of
basic educational data, in relation to the calculation of nonpublic
schools' eligibility to receive aid

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify that the State Education Department may continue to utilize
the instructional time standard as the basis for providing
reimbursement to nonpublic schools for their participation in the
mandated services aid program.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 3 of chapter 507 of the laws of 1974 is amended to clarify
that schools will continue to be eligible for reimbursement based on
the instructional time standard utilized historically by department.
Section 2 provides for an immediate effective date in order that the
department may process reimbursement claims currently being held.

 EXISTING LAW :

Except for 2016 appropriation language, existing law has been silent
on the issue. Nonetheless, this legislation codifies the long-standing
reimbursement standard.

 JUSTIFICATION :

For more than 30 years, the State Education Department has used the
instructional time standard (an approx.180 day instructional school
year and a 5 / 5.5 hour instructional day) as the basis for aid to
most nonpublic schools under the Mandated Services Aid program. The
"instructional time" standard, which is also used as the basis for aid
to public schools, is tied to the provisions of the compulsory
education law and helps to provide consistency and predictability in
aid to schools.

In recent years, a number of nonpublic schools began receiving less
aid based on the department having adjusted the reimbursement
standards for those schools. Aid to most schools, however, continued
without reductions. In the 2016-2017 State Budget, language was
enacted to continue the historic practice of using "instructional
hours" in the day but it did not address the number of "instructional
days" in the year. Despite both houses having included the language
relating to "instructional days" in their one-house budgets this
session - it was not included in the final budget.

The proposed language clarifies that reimbursement may continue based
on both the number of days as well as the number of hours of
instructional time. By defining the days as those on which attendance
is taken, schools will be required to also include days (or the
portion of days) during which tests are being administered.

The legislation is necessary to avoid a reduction in reimbursement to
nonpublic schools.

 LEGISLATIVE HISTORY :

None
 STATE FISCAL IMPLICATIONS :

Up to $6 million if schools whose reimbursement was reduced in prior
years are permitted to return to using the instructional time
standard.

 LOCAL FISCAL IMPLICATIONS :

Will help keep school reimbursement from being reduced.

 EFFECTIVE DATE :
The act shall take effect immediately.

2017-S6089 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6089
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced by Sens. MARCELLINO, FUNKE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN  ACT  to amend chapter 507 of the laws of 1974, relating to providing
   for the apportionment of state monies to certain nonpublic schools, to
   reimburse them for their expenses  in  complying  with  certain  state
   requirements  for  the  administration of state testing and evaluation
   programs and for participation in state programs for the reporting  of
   basic  educational  data,  in relation to the calculation of nonpublic
   schools' eligibility to receive aid
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 3 of chapter 507 of the laws of 1974, relating to
 providing for the apportionment of state  monies  to  certain  nonpublic
 schools,  to reimburse them for their expenses in complying with certain
 state requirements for the administration of state  testing  and  evalu-
 ation programs and for participation in state programs for the reporting
 of basic educational data, as amended by section 17 of part YYY of chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   §  3.  Apportionment.  a. The commissioner shall annually apportion to
 each qualifying school, for school years beginning  on  and  after  July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred  by  each  such  school  during  the  preceding school year for
 providing services required by law  to  be  rendered  to  the  state  in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program, the basic educational data system,  regents  examinations,  the
 statewide  evaluation  plan,  the uniform procedure for pupil attendance
 reporting, the state's immunization  program  and  other  similar  state
 prepared examinations and reporting procedures.
   b.  SUCH  NONPUBLIC  SCHOOLS SHALL BE ELIGIBLE TO RECEIVE AID BASED ON
 THE NUMBER OF DAYS OR PORTION OF DAYS ATTENDANCE IS TAKEN AND  EITHER  A
 5.0/5.5  HOUR  STANDARD INSTRUCTIONAL DAY, OR ANOTHER WORK DAY AS CERTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11545-01-7

 S. 6089                             2
 
 FIED BY THE NONPUBLIC SCHOOL OFFICIALS, IN ACCORDANCE WITH THE METHODOL-
 OGY FOR COMPUTING SALARY AND  BENEFITS  APPLIED  BY  THE  DEPARTMENT  IN
 PAYING  AID FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN AND PRIOR
 SCHOOL YEARS.
   C. The commissioner shall annually apportion to each qualifying school
 in  the  cities  of  New  York,  Buffalo and Rochester, for school years
 beginning on or after July first two thousand sixteen, an  amount  equal
 to  the  actual  cost  incurred by each such school during the preceding
 school year in meeting the recording and reporting requirements  of  the
 state  school  immunization program, provided that the state's liability
 shall be limited to the amount appropriated for this purpose.
   § 2. This act shall take effect immediately.

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Senate Bill S6089

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - Vetoed by Governor

co-Sponsors

Tony Avella

Rich Funke

Martin J. Golden

Chris Jacobs

2017-S6089 (ACTIVE) - Details

2017-S6089 (ACTIVE) - Summary

2017-S6089 (ACTIVE) - Sponsor Memo

2017-S6089 (ACTIVE) - Bill Text download pdf

Comments