S T A T E O F N E W Y O R K
________________________________________________________________________
4294
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. STIRPE, GUNTHER, HUNTER, HYNDMAN, MAGNARELLI,
RIVERA, SIMON, TAYLOR, ZEBROWSKI, SAYEGH, FAHY, REYES, PHEFFER AMATO,
D. ROSENTHAL, BRONSON, FRIEND, L. ROSENTHAL, WOERNER, COOK, DICKENS,
STECK, WALLACE -- read once and referred to the Committee on Education
AN ACT to amend the education law and the election 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, GENERAL ELECTION DAY
or a legal holiday, except [general election day,] Washington's birthday
and Lincoln's birthday, and except that driver education classes may be
conducted on a Saturday. A SCHOOL DISTRICT MAY ELECT TO REQUIRE STAFF
ATTENDANCE ON A GENERAL ELECTION DAY OR TO SCHEDULE A PROFESSIONAL
DEVELOPMENT DAY. A deficiency not exceeding four days during any school
year caused by teachers' attendance upon conferences held by superinten-
dents of schools of city school districts or other school districts
employing superintendents of schools shall be excused by the commission-
er, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01758-01-3
A. 4294 2
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
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. Subdivision 3 of section 4-104 of the election law, as amended by
chapter 694 of the laws of 1989, is amended to read as follows:
3. 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 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 of registration and
voting. If a board or body empowered to designate polling places chooses
a public school building for such purpose, 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 must
make available any such room or rooms which the board or body designat-
ing such building determines are accessible to physically disabled
voters as provided in subdivision one-a OF THIS SECTION. Notwithstanding
the provisions of any general, special or local law, if a board or body
empowered to designate polling places chooses a publicly owned or leased
building[, other than a public school building,] for such purposes the
board or body 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 must make available any such room or rooms which the board
or body designating such building determines are accessible to phys-
ically disabled voters unless, not later than thirty days after notice
of its designation as a polling place, the board or body controlling
such building, files a written request for a cancellation of such desig-
nation with the board or body empowered to designate polling places on
such form as shall be provided by the board or body making such desig-
nation. The board or body empowered to so designate shall, within twenty
days after such request is filed, determine whether the use of such
building as a polling place would unreasonably interfere with the usual
activities conducted in such building and upon such determination, may
cancel such designation.
§ 3. This act shall take effect January 1, 2025.