NY State Senate Bill 2021-S3426A

Senate Bill S3426A

2021-2022 Legislative Session

Provides that no school located in the state shall be in session on the day of a primary or general election

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Feb 11, 2021	print number 3426a
Feb 11, 2021	amend and recommit to education
Jan 29, 2021	referred to education

Bill Amendments

Original

A (Active)

2021-S3426 - 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
2013-2014: S4737
2015-2016: S4230
2017-2018: S4012
2019-2020: S2745
2023-2024: S2024

2021-S3426 - Summary

Provides that no school located in the state shall be in session on a primary or general election day.

2021-S3426 - Sponsor Memo

                                
 
BILL NUMBER: S3426

SPONSOR: ADDABBO
 
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 either primary or general election day in a city with a popu-
lation of one million or more.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits school on primary or 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 disa-
bilities 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 accessi-
ble 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 poll-
ing 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:

2019: S. 2745 - Reported from Senate Education to Senate NYC Education
Committee.

2020: S. 2745 - Referred to Senate NYC Education Committee.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3426 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3426
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 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 605 of the laws  of  2019,  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 THE DAY OF A PRIMARY ELECTION OR GENERAL
 ELECTION. A deficiency not exceeding four days during  any  school  year
 caused  by teachers' attendance 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  contra-
 ry,  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 secondary schools or charter schools. At
 least two such conference days during such school year  shall  be  dedi-
 cated  to  staff attendance upon conferences providing staff development
 relating to implementation  of  the  new  high  learning  standards  and
 assessments,  as  adopted  by the board of regents.  Notwithstanding any
 other provision of law, rule  or  regulation  to  the  contrary,  school
 districts may elect to use one or more of such allowable conference days
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03435-01-1

 S. 3426                             2
 
 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  on any day during which sessions are allowed 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.
   § 2. This act shall take effect immediately.

2021-S3426A (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
2013-2014: S4737
2015-2016: S4230
2017-2018: S4012
2019-2020: S2745
2023-2024: S2024

2021-S3426A (ACTIVE) - Summary

Provides that no school located in the state shall be in session on a primary or general election day.

2021-S3426A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3426A

SPONSOR: ADDABBO
 
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 either primary or general election day.

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits school on primary or general election day.

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 disa-
bilities 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 accessi-
ble 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 poll-
ing 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 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:


2019: S. 2745 - Reported from Senate Education to Senate NYC Education
Committee.

2020: S. 2745 - Referred to Senate NYC Education Committee.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3426A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3426--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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  605  of  the  laws  of 2019, 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 SHALL BE IN SESSION ON THE DAY OF A PRIMARY ELECTION
 OR  GENERAL  ELECTION.  A  deficiency not exceeding four days during any
 school year caused by teachers'  attendance  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 secondary schools or charter schools. At
 least two such conference days during such school year  shall  be  dedi-
 cated  to  staff attendance upon conferences providing staff development
 relating to implementation  of  the  new  high  learning  standards  and
 assessments,  as  adopted  by the board of regents.  Notwithstanding any
 other provision of law, rule  or  regulation  to  the  contrary,  school
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03435-02-1

 S. 3426--A                          2
 
 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 on any day during which sessions are allowed 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.
   § 2. This act shall take effect immediately.

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