Provides that school aid shall not be reduced if a school is closed due to extraordinary circumstances, emergency or disaster and such days cannot be made up prior to scheduled regents exams.

Sponsor: SEWARD / Co-sponsor(s): BONACIC, FARLEY, GRIFFO, LARKIN, LIBOUS, LITTLE, MARTINS, O'MARA
Law Section: Education Law / Law: Amd S3604, Ed L

S6284-2011 Actions

Jun 19, 2012: SUBSTITUTED BY A9442
Jun 4, 2012: ADVANCED TO THIRD READING
May 31, 2012: 2ND REPORT CAL.
May 30, 2012: 1ST REPORT CAL.957
Mar 6, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 20, 2012: REFERRED TO EDUCATION

S6284-2011 Meetings

Education: Mar 6, 2012, Finance: May 30, 2012

S6284-2011 Calendars

Active List: Jun 19, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012

S6284-2011 Votes

VOTE: COMMITTEE VOTE: - Education - Mar 6, 2012

Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Oppenheimer

VOTE: COMMITTEE VOTE: - Finance - May 30, 2012

Ayes (33): DeFrancisco, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Excused (2): Johnson, Diaz

S6284-2011 Memo

BILL NUMBER:S6284

TITLE OF BILL:
An act
to amend the education law, in relation to permitting apportionment of
state aid where a school was not in session due to extraordinary weather
conditions, disasters or emergencies

PURPOSE:
To hold school districts financially harmless because, due to
Hurricane Irene and Tropical Storm Lee, damaged school buildings were
closed for a period of time at the start of the 2011-2012 academic
year and districts are otherwise unable to meet the statutory minimum
for school days in session.

SUMMARY OF PROVISIONS:
Adds a new subdivision 7-a to section 3604
of the education law to require the commissioner to hold school
districts financially harmless if a school has lost up to ten days
and is unable to be in session for the state mandated 180 days due to
a duly declared state of emergency following a federally and state
recognized natural disaster. Requires certifications by the school
superintendent. The provision is effective for only the 2011-2012
school year.

EXISTING LAW:
Currently, the commissioner has discretionary authority
to waive the 180 day minimum requirement only if a district has lost
five or fewer days.

JUSTIFICATION:
Hurricane Irene and Tropical Storm Lee, occurring just
before the state of the 2011-2012 school year, devastated areas of
upstate New York. Some school districts' buildings were damaged by
wind and floods and were unable to open on time. Repair and
reconstruction to ensure the safety and sanitation of the buildings
prompted districts to delay the start of the school year for several
weeks, transportation routes were closed due to both local states of
emergency and damage - factors out of the control of school
districts. Ongoing reconstruction, necessary during student vacations
so that students are not present and their safety is not compromised,
obviated the possibility of having students in session during
regularly scheduled vacation breaks, which is otherwise required to
make up any lost days due to the factors outlined in statute.

This bill provides relief to districts affected by last summer's
floods, and ensures that they do not lose state aid due to repair and
reconstruction of school buildings, road closings, and other factors
out of the control of local school districts.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state. Averts the loss of critical
state aid that is otherwise due and payable, providing financial


relief to local school districts and reducing pressure on local
property taxes.

EFFECTIVE DATE:
Immediate.

S6284-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6284
 I N  SENATE
 January 20, 2012
 
 Introduced  by  Sens.  SEWARD,  BONACIC, FARLEY, GRIFFO, LIBOUS, LITTLE,
 O'MARA -- 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 permitting apportion
 ment of state aid where a school was not in session  due  to  extraor
 dinary weather conditions, disasters or emergencies
 

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

 

Section 1.

Section 3604 of the education law is amended  by  adding  a
 new subdivision 7-a to read as follows:

 7-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS
 SECTION, FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL  YEAR,
 THE  COMMISSIONER SHALL DISREGARD SUCH REDUCTION, UP TO TEN DAYS, IN THE
 APPORTIONMENT OF PUBLIC MONEY, IF THE SCHOOLS OF THE DISTRICT  WERE  NOT
 IN  SESSION  FOR  ONE  HUNDRED  EIGHTY  DAYS  BECAUSE OF EXTRAORDINARILY
 ADVERSE WEATHER CONDITIONS, FEDERAL DECLARATIONS OF NATURAL DISASTERS, A
 STATE DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF  THE  EXECUTIVE
 LAW,  THE  CLOSING OF TRANSPORTATION ROUTES PURSUANT TO A DECLARED LOCAL
 STATE OF EMERGENCY, IMPAIRMENT OF HEATING FACILITIES,  INSUFFICIENCY  OF
 WATER  SUPPLY, SHORTAGE OF FUEL, LACK OF ELECTRICITY, OR THE DESTRUCTION
 OF A SCHOOL BUILDING EITHER IN WHOLE OR IN PART, AND  IF,  FURTHER,  THE
 DISTRICT SUPERINTENDENT CERTIFIES THAT SUCH DISTRICT CANNOT MAKE UP SUCH
 DAYS  OF  INSTRUCTION  BY  USING  FOR THE SECONDARY GRADES ALL SCHEDULED
 VACATION DAYS WHICH OCCUR PRIOR TO THE FIRST SCHEDULED REGENTS  EXAMINA
 TION  DAY  IN JUNE, AND FOR THE ELEMENTARY GRADES ALL SCHEDULED VACATION
 DAYS WHICH OCCUR PRIOR TO THE LAST SCHEDULED REGENTS EXAMINATION DAY  IN
 JUNE;  AND  IF,  FURTHER,  THE  DISTRICT SUPERINTENDENT CERTIFIES TO THE
 COMMISSIONER THAT TO DO SO WOULD IMPERIL  STUDENTS,  FACULTY  AND  STAFF
 WHILE REPAIRS CONTINUE. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHEDULED
 VACATION  DAYS" SHALL MEAN DAYS ON WHICH THE SCHOOLS OF THE DISTRICT ARE
 NOT IN SESSION AND FOR WHICH NO PROHIBITION EXISTS IN SUBDIVISION  EIGHT
 OF THIS SECTION FOR THEM TO BE IN SESSION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14058-01-2

S6284-2011: Provides that school aid shall not be reduced if a school is closed due to extraordinary circumstances, emergency or disaster