S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2722
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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.
   § 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-
 one not on a regular day school register of the district, divided by one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07821-01-7

 A. 2722                             2
 
 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.
   § 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.
   § 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  school year according to regulations established by the commissioner,

 A. 2722                             3
 
 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.
   § 5. This act shall take effect immediately.