New York Assembly Bill A00956 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 956 2023-2024 Regular Sessions  IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the attendance of minors upon full day instruction and the conditions under which districts, including the city school district of the city of New York, are entitled to an apportionment of state aid and the closure of schools due in response to the novel coronavirus, COVID-19 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 3604 of the education law, as 2 amended by chapter 107 of the laws of 2020, is amended to read as 3 follows: 4 7. No district shall be entitled to any portion of such school moneys 5 on such apportionment unless the report of the trustees or board of 6 education for the preceding school year shall show that the public 7 schools were actually in session in the district and taught by a quali- 8 fied teacher or by successive qualified teachers or by qualified teach- 9 ers for not less than one hundred eighty days. The moneys payable to a 10 school district pursuant to section thirty-six hundred nine-a of this 11 part in the current year shall be reduced by one one-hundred eightieth 12 of the district's total foundation aid for the base year for each day 13 less than one hundred eighty days that the schools of the district were 14 actually in session, except that the commissioner may disregard such 15 reduction in the apportionment of public money: (i) for any day or days 16 on which session had been previously scheduled but the superintendent 17 was required to close the school or schools due to a properly executed 18 declaration of a state or local state of emergency pursuant to article 19 two-B of the executive law; or (ii) for up to five days if he or she 20 finds that the schools of the district were not in session for one 21 hundred eighty days because of extraordinarily adverse weather condi- 22 tions, impairment of heating facilities, insufficiency of water supply, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02152-01-3 
 A. 956 2 1 shortage of fuel, lack of electricity, natural gas leakage, unacceptable 2 levels of chemical substances, a credible threat to student safety as 3 reasonably determined by a lead school official or the destruction of a 4 school building either in whole or in part, and if, further, the commis- 5 sioner finds that such district cannot make up such days of instruction 6 by using for the secondary grades all scheduled vacation days which 7 occur prior to the first scheduled regents examination day in June, and 8 for the elementary grades all scheduled vacation days which occur prior 9 to the last scheduled regents examination day in June; or (iii) for any 10 day or days in the two thousand nineteen -- two thousand twenty school 11 year or the two thousand twenty-two--two thousand twenty-three school 12 year on which session had been previously scheduled but the chancellor 13 of the city school district of the city of New York or the superinten- 14 dent of a district closed the school or schools due to a determination 15 by the chancellor or superintendent that it was in the best interest of 16 public health or safety of the school district to close the school or 17 schools in response to the novel coronavirus, COVID-19. For the purposes 18 of this subdivision, "scheduled vacation days" shall mean days on which 19 the schools of the district are not in session and for which no prohibi- 20 tion exists in subdivision eight of this section for them to be in 21 session. 22 § 2. This act shall take effect immediately.