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

                                  5935

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by M. of A. BRONSON, N. RIVERA, STEVENSON -- Multi-Sponsored
  by -- M. of A.  PHEFFER -- read once and referred to the Committee  on
  Education

AN  ACT  to  amend  the education law, in relation to authorizing school
  authorities to close school buildings used as polling places  on  days
  of general election, spring primary, and fall primary

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

  Section 1. Subdivision 1 of section  3602  of  the  education  law  is
amended by adding a new paragraph z to read as follows:
  Z.  "ELECTION  DAY"  MEANS  ANY DAY ON WHICH IS HELD THE FALL PRIMARY,
SPRING PRIMARY, OR GENERAL ELECTION, AS PROVIDED IN SUBDIVISION  ONE  OF
SECTION 8-100 OF THE ELECTION LAW.
  S  2.  Paragraph  d  of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  d.  "Average  daily attendance" shall mean the total number of attend-
ance days of pupils in a public school of a school district  in  kinder-
garten  through  grade twelve, or equivalent ungraded programs, plus the
total number of instruction days for  such  pupils  receiving  homebound
instruction  including  pupils  receiving  instruction through a two-way
telephone communication system,  divided  by  the  number  of  days  the
district  school was in session as provided in this section. The attend-
ance of pupils with disabilities attending under the provisions of para-
graph c of subdivision two of section forty-four  hundred  one  of  this
chapter shall be added to average daily attendance.
  (1)  Equivalent attendance shall mean the quotient of the total number
of student hours of instruction in programs in  a  public  school  of  a
school  district  or a board of cooperative educational services leading
to a high school diploma or a high school equivalency diploma as defined
in regulations of the commissioner for pupils under the age  of  twenty-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07918-01-1
              

A. 5935                             2

one not on a regular day school register of the district, divided by one
thousand.  Average daily attendance shall include the equivalent attend-
ance of the school  district.  For  the  purposes  of  secondary  school
weighting,  such  equivalent  attendance  shall be considered as average
daily attendance in grades seven through twelve.
  (2) In computing average daily attendance, school districts may,  with
the  commissioner's approval, exclude attendance for those days on which
school attendance was adversely  affected  because  of  an  epidemic  or
manmade  or  natural  disaster  or  act  of terrorism. In computing such
attendance, the school district shall: (i) determine the number of reli-
gious holidays which fall on a school day within a school year according
to regulations established by the commissioner, such religious  holidays
to  be  duly  recognized  as  such  for purposes of this section by duly
adopted resolution of the board of education; (ii) deduct the  aggregate
attendance  on  such religious holidays from the total aggregate attend-
ance, by grade level; (iii) deduct  such  religious  holidays  from  the
total  number  of  days of session, by grade level; and (iv) compute the
average daily attendance for the school year.  IN COMPUTING SUCH ATTEND-
ANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE THE  NUMBER  OF  ELECTION
DAYS WHICH FALL ON A SCHOOL DAY WITHIN A SCHOOL YEAR, SUCH ELECTION DAYS
TO  BE  DULY  RECOGNIZED  AS  SUCH  FOR PURPOSES OF THIS SECTION BY DULY
ADOPTED RESOLUTION OF THE SCHOOL AUTHORITIES, IF THEY SO  ELECT,  AS  TO
ANY  SCHOOL  BUILDING USED AS A POLLING PLACE ON ELECTION DAY AND OTHER-
WISE SCHEDULED TO BE USED FOR THE INSTRUCTION OF  PUPILS  ON  SUCH  DAY;
(VI)  DEDUCT  THE  AGGREGATE  ATTENDANCE  ON SUCH ELECTION DAYS FROM THE
TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII) DEDUCT  SUCH  ELECTION
DAYS  FROM  THE  TOTAL  NUMBER  OF  DAYS OF SESSION, BY GRADE LEVEL; AND
(VIII) COMPUTE THE AVERAGE DAILY ATTENDANCE FOR THE SCHOOL YEAR.
  S 3. Subparagraph 2 of paragraph a of subdivision 2 of section 3602 of
the education law, as amended by section 13 of part B of chapter  57  of
the laws of 2007, is amended to read as follows:
  (2) In computing such attendance, the school district shall (i) deter-
mine  the number of religious holidays which fall on a school day within
a school year according to regulations established by the  commissioner,
such  religious  holidays  to be duly recognized as such for purposes of
this section by duly adopted resolution of the board of education;  (ii)
deduct  the  aggregate  attendance  on  such religious holidays from the
total aggregate attendance, by grade level; (iii) deduct such  religious
holidays  from  the total number of days of session, by grade level; AND
(iv) compute the weighted average daily attendance for the school  year.
IN  COMPUTING  SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN  A  SCHOOL
YEAR,  SUCH  ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
THIS SECTION BY DULY ADOPTED RESOLUTION OF THE  SCHOOL  AUTHORITIES,  IF
THEY  SO  ELECT,  AS  TO  ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE  INSTRUCTION  OF
PUPILS  ON  SUCH  DAY;  (VI)  DEDUCT  THE  AGGREGATE  ATTENDANCE ON SUCH
ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF  SESSION,  BY
GRADE  LEVEL;  AND  (VIII) COMPUTE THE WEIGHTED AVERAGE DAILY ATTENDANCE
FOR THE SCHOOL YEAR.
  S 4. Subparagraph 2 of paragraph b of subdivision 2 of section 3602 of
the education law, as amended by section 13 of part B of chapter  57  of
the laws of 2007, is amended to read as follows:
  (2) In computing such attendance, the school district shall (i) deter-
mine  the number of religious holidays which fall on a school day within

A. 5935                             3

a school year according to regulations established by the  commissioner,
such  religious  holidays  to be duly recognized as such for purposes of
this section by duly adopted resolution of the board of education;  (ii)
deduct  the  aggregate  attendance  on  such religious holidays from the
total aggregate attendance, by grade level; (iii) deduct such  religious
holidays  from  the total number of days of session, by grade level; AND
(iv) compute the weighted average daily attendance for the school  year.
IN  COMPUTING  SUCH ATTENDANCE, THE SCHOOL DISTRICT SHALL: (V) DETERMINE
THE NUMBER OF ELECTION DAYS WHICH FALL ON A SCHOOL DAY WITHIN  A  SCHOOL
YEAR,  SUCH  ELECTION DAYS TO BE DULY RECOGNIZED AS SUCH FOR PURPOSES OF
THIS SECTION BY DULY ADOPTED RESOLUTION OF THE  SCHOOL  AUTHORITIES,  IF
THEY  SO  ELECT,  AS  TO  ANY SCHOOL BUILDING USED AS A POLLING PLACE ON
ELECTION DAY AND OTHERWISE SCHEDULED TO BE USED FOR THE  INSTRUCTION  OF
PUPILS  ON  SUCH  DAY;  (VI)  DEDUCT  THE  AGGREGATE  ATTENDANCE ON SUCH
ELECTION DAYS FROM THE TOTAL AGGREGATE ATTENDANCE, BY GRADE LEVEL; (VII)
DEDUCT SUCH ELECTION DAYS FROM THE TOTAL NUMBER OF DAYS OF  SESSION,  BY
GRADE  LEVEL;  AND  (VIII) COMPUTE THE ADJUSTED AVERAGE DAILY ATTENDANCE
FOR THE SCHOOL YEAR.
  S 5. This act shall take effect immediately.