Provides that no school located in a city with a population of one million or more shall be in session on general election day.

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S2346-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Mar 10, 2011: PRINT NUMBER 2346A
• Mar 10, 2011: AMEND AND RECOMMIT TO EDUCATION
• Jan 19, 2011: REFERRED TO EDUCATION

S2346-2011 Memo

BILL NUMBER:S2346              REVISED 02/17/11

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 repeal
the prohibition therein barring school closings on general election
day, and instead requires that they be closed on that day.

SUMMARY OF PROVISIONS:
Section 1: Repeals the provision in Education Law section 3604
subdivision 8, which bars schools from being in session on Saturdays
and legal holidays, but exempts general election day from that
prohibition.

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 disabilities have been replacing, and this year will completely
replace 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 accessible 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 polling 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, increased concerns 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 be closed on election day, locally and
statewide, 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:
2009-2010: S.5494 - Referred to Education.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

S2346-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2346

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 19, 2011
                                 ___________

  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 section 46 of part H of chapter 83 of the laws  of  2002,  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 deficiency not exceeding three 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,  provided  however, notwithstanding any other provision of
  law, that during the nineteen hundred  ninety-two--ninety-three  through
  the  two  thousand  two--two thousand three school years and thereafter,
  the commissioner shall excuse  a  deficiency  not  exceeding  four  days
  during  such school year caused by teachers' attendance upon conferences
  held by such superintendents, provided that at least two such conference
  days during such school year shall be dedicated 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 regu-
  lation 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 during the regularly sched-
  uled daily session and apply such units to satisfy a deficiency  in  the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00088-01-1

 S. 2346                             2

  length of one or more daily sessions of instruction for pupils as speci-
  fied  in  regulations of the commissioner. The commissioner shall assure
  that such conference days include appropriate school violence prevention
  and  intervention  training, and may require that up to one such confer-
  ence day be dedicated for such purpose.
    S 2. This act shall take effect immediately.