NY State Senate Bill 2017-S4012

Senate Bill S4012

2017-2018 Legislative Session

Provides that no school located in a city with a population of one million or more shall be in session on the day of a primary or general election

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Feb 01, 2017	referred to education

2017-S4012 (ACTIVE) - Details

See Assembly Version of this Bill:: A6504
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3604, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5494
2011-2012: S2346
2013-2014: S4737
2015-2016: S4230
2019-2020: S2745, A1343
2021-2022: S3426, A7143
2023-2024: S2024, A3088

2017-S4012 (ACTIVE) - Summary

Provides that no school located in a city with a population of one million or more shall be in session on a primary or general election day.

2017-S4012 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4012

 TITLE OF BILL :  An act to amend the education law, in relation to
school session days

 PURPOSE :

This bill amends Education Law section 3604 subdivision 8 to prohibit
school on either primary or general election day in a city with a
population of one million or more.

 SUMMARY OF PROVISIONS :

Section 1: Prohibits school on primary or general election day in a
city with one million or more residents.

Section 2: Provides for the Act to take effect immediately.

 JUSTIFICATION :

The need for suitable poll sites, especially disabled accessible ones,
has never been greater. Throughout the state new ballot marking
devices and optical scan voting machines that are accessible to those
with disabilities have replaced the lever machines. However, while
these new systems are disabled accessible, all poll sites are not.

The new voting systems and their ability to handle multiple ballot
types and election districts will require a reconfiguration of
election districts and poll sites to maximize the efficient use of the
new machines. Schools are ideal poll sites because they are public
buildings, are usually accessible to the disabled and have ample
parking. Election Law section 4-104.3 reflects a preference for using
schools as poll sites by stating that "a building exempt from taxation
shall be used whenever possible as a polling place if it is situated
in the same or a contiguous election district and, and may contain as
many distinctly separate polling places as public convenience may
require." The expense, if any, incidental to its use shall be paid
like the expense of other places for registration and voting.

If the board or body empowered to designate polling places chooses a
public school building for such purposes, as often happens, the board
or agency which controls such building must make available a room or
rooms in such building which are suitable for registration and voting,
and which are as close as possible to a convenient entrance to such
building and accessible to the physically disabled.

However, the use of schools for poll sites when school is in session
can and often does disrupt the usual schedule and operations of the
entire school day, as well as the instruction occurring in the
classrooms.  And, an increased concern about the safety of the
children at the schools makes school officials reluctant to open up
their buildings for a public use while children are present. It also
reduces available parking when school is in session on election day.

By requiring that schools in cities with a population or one million
or more are to be closed on election day, this bill will increase the
availability of accessible public buildings for poll sites while
causing minimal disruption to a school and no security risk for
students.

 LEGISLATIVE HISTORY :

2015-2016: S. 4230 - Referred to Education.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4012 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4012
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 school session days
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  8  of  section 3604 of the education law, as
 amended by chapter 260 of the laws  of  2012,  is  amended  to  read  as
 follows:
   8.  No  school  shall  be in session on a Saturday or a legal holiday,
 except general election day, Washington's birthday and Lincoln's  birth-
 day,  and  except  that  driver  education classes may be conducted on a
 Saturday. NO SCHOOL LOCATED IN A CITY WITH A POPULATION OF  ONE  MILLION
 OR  MORE SHALL BE IN SESSION ON THE DAY OF A PRIMARY ELECTION OR GENERAL
 ELECTION. A deficiency not exceeding four days during  any  school  year
 caused  by teachers' attendance upon conferences held by superintendents
 of schools of city school districts or other school districts  employing
 superintendents  of  schools  shall  be  excused  by  the  commissioner,
 notwithstanding any provision of law, rule or regulation to the  contra-
 ry,  a school district may elect to schedule such conference days in the
 last two weeks of August, subject to collective bargaining  requirements
 pursuant  to  article  fourteen  of the civil service law, and such days
 shall be counted  towards  the  required  one  hundred  eighty  days  of
 session,  provided  however,  that  such  scheduling shall not alter the
 obligation of the school district to provide transportation to  students
 in  non-public  elementary and secondary schools or charter schools. The
 commissioner shall excuse a deficiency not exceeding  four  days  during
 such school year caused by teachers' attendance upon conferences held by
 such  superintendents,  provided  that at least two such conference days
 during such school year shall be  dedicated  to  staff  attendance  upon
 conferences  providing  staff  development relating to implementation of
 the new high learning standards and assessments, as adopted by the board
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04250-02-7

 S. 4012                             2
 
 of regents. Notwithstanding any other provision of law,  rule  or  regu-
 lation to the contrary, school districts may elect to use one or more of
 such  allowable  conference days in units of not less than one hour each
 to  provide  staff  development activities relating to implementation of
 the new high learning standards and assessments. A district making  such
 election  may provide such staff development during the regularly sched-
 uled daily session and apply such units to satisfy a deficiency  in  the
 length of one or more daily sessions of instruction for pupils as speci-
 fied  in  regulations of the commissioner. The commissioner shall assure
 that such conference days include appropriate school violence prevention
 and intervention training, and may require that up to one  such  confer-
 ence day be dedicated for such purpose.
   § 2. This act shall take effect immediately.

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