Permits 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.
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 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. 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 Legislative 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.
STATE OF NEW YORK ________________________________________________________________________ 2924 2013-2014 Regular Sessions IN 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