S2924-2013 Actions

• Mar 19, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 25, 2013: REFERRED TO EDUCATION

S2924-2013 Meetings

S2924-2013 Votes

S2924-2013 Memo

BILL NUMBER:S2924

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 during
the two thousand twelve-two thousand thirteen school year

PURPOSE  OR  GENERAL  IDEA OF BILL:  To ensure that school districts for
the current school year (12-13) are not penalized for  being  unable  to
open due to due to extraordinary circumstances, emergency or disaster

SUMMARY OF SPECIFIC PROVISIONS:  Amends Education Law � 3604 by adding a
new  section to require the commissioner to hold school districts finan-
cially 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  disas-
ter. This would require certifications by the school superintendent. The
provision is effective for only the 2012-2013 school year.

JUSTIFICATION:    Hurricane  Sandy was one of the biggest storms to ever
hit the New York City tri-state area. Many areas were  affected  causing
massive  infrastructure  damage, flooding many areas and creating unsafe
conditions. Specifically, the New York City Transit system was shut down
and many school districts were all closed. This bill would  ensure  that
school districts that closed due to the storm are not denied their share
of state aid because they may be open for less than the minimum 180 days
for  the 2012-13 school year. School Districts like New York City should
not be penalized for doing the right thing  for  parents,  students  and
many  of  its  local  residents  by keeping its students safe and out of
harm's way. There is precedent for this action. During the 2012 Legisla-
tive Session, the  Legislature  passed  a  similar  provision  for  many
upstate  areas  that were affected by Hurricane Irene and Tropical Storm
Lee in 2011.

PRIOR LEGISLATIVE HISTORY:  Senate: New Bill; Assembly Rules: A.10816 of
2011-2012.

FISCAL IMPLICATIONS:   None to the State;  would  ensure  that  affected
areas receive their share of state aid.

EFFECTIVE DATE: Immediately.

S2924-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2924
 2013-2014 Regular Sessions
 I N  SENATE
 January 25, 2013
 
 Introduced  by Sen. FLANAGAN -- 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  during  the  two
 thousand twelve-two thousand thirteen school year
 

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-b to read as follows:

 7-B.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS
 SECTION, FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN 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.
 LBD00120-01-3

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!