NY State Senate Bill 2019-S2876

Senate Bill S2876

2019-2020 Legislative Session

Relates to school session days

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2020	print number 2876a
Jan 09, 2020	amend and recommit to education
Jan 08, 2020	referred to education
Jan 30, 2019	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2876 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3604, Ed L; amd §4-104, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4787
2017-2018: S1041

2019-S2876 - Summary

Relates to school session days; adds general election day to the list of days when school will not be in session; allows a school district to elect to require staff attendance on a general election day or to schedule a professional development day.

2019-S2876 - Sponsor Memo

                                
 
BILL NUMBER: S2876

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law and the election law, in relation to
school session days

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that no school shall be in session on general election day,
however, a school district can require staff attendance or a profes-
sional development day

 
SUMMARY OF PROVISIONS:

Section one - amends subdivision 8 of section 3604 of the education law,
as amended by chapter 260 of the laws of 2012 to add general election
day to the list of no school session days

Section two - amends subdivision 3 of section 4-104 of the election law

to allow public school buildings to appeal polling place designations

Section three - sets forth the effective date

 
JUSTIFICATION:

In recent years, school safety has become an issue of discussion across
the country, with schools in New York putting in a number of safety and
security measures to protect students. Many schools are locked to the
outside while school is in session so no one can enter without signing
in and giving ID. While this is a basic security measure and many
schools have even more in place, on general election day in New York,
schools are one of the primary locations for voting. The city of New
York already makes General Election Day a non-student attendance day, so
this bill would expand to cover the entire state. This will not only
address the concerns of student safety, but also alleviates the competi-
tion for space in the often crowded educational facilities. The Board of
Elections sometimes has a difficult time finding appropriate spaces that
would be fully accessible to all voters, so by closing schools to
students it will open up more options.

 
PRIOR LEGISLATIVE HISTORY:

2016-2017: S.4787A/A.6040B (Stirpe); Referred to Education
2017-2018:  S. 1041(Funke); referred to education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on January 1, 2020.

2019-S2876 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2876
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the election 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, GENERAL  ELECTION  DAY
 or a legal holiday, except [general election day,] Washington's birthday
 and  Lincoln's birthday, and except that driver education classes may be
 conducted on a Saturday. A SCHOOL DISTRICT MAY ELECT  TO  REQUIRE  STAFF
 ATTENDANCE  ON  A  GENERAL  ELECTION  DAY  OR TO SCHEDULE A PROFESSIONAL
 DEVELOPMENT DAY. A deficiency not exceeding four days during any  school
 year caused by teachers' attendance upon conferences held by superinten-
 dents  of  schools  of  city  school districts or other school districts
 employing superintendents of schools shall be excused by the commission-
 er, notwithstanding any provision of law,  rule  or  regulation  to  the
 contrary,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00503-01-9

 S. 2876                             2
 
 the new high learning standards and assessments, as adopted by the board
 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. Subdivision 3 of section 4-104 of the election law, as amended by
 chapter 694 of the laws of 1989, is amended to read as follows:
   3. 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 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 of registration  and
 voting. If a board or body empowered to designate polling places chooses
 a  public  school  building  for such purpose, 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 must
 make available any such room or rooms which the board or body  designat-
 ing  such  building  determines  are  accessible  to physically disabled
 voters as provided in subdivision one-a OF THIS SECTION. Notwithstanding
 the provisions of any general, special or local law, if a board or  body
 empowered to designate polling places chooses a publicly owned or leased
 building[,  other  than a public school building,] for such purposes the
 board or body 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 must make available any such room or rooms which the board
 or body designating such building determines  are  accessible  to  phys-
 ically  disabled  voters unless, not later than thirty days after notice
 of its designation as a polling place, the  board  or  body  controlling
 such building, files a written request for a cancellation of such desig-
 nation  with  the board or body empowered to designate polling places on
 such form as shall be provided by the board or body making  such  desig-
 nation. The board or body empowered to so designate shall, within twenty
 days  after  such  request  is  filed, determine whether the use of such
 building as a polling place would unreasonably interfere with the  usual
 activities  conducted  in such building and upon such determination, may
 cancel such designation.
   § 3. This act shall take effect January 1, 2020.

co-Sponsors

2019-S2876A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3604, Ed L; amd §4-104, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4787
2017-2018: S1041

2019-S2876A (ACTIVE) - Summary

2019-S2876A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2876A

SPONSOR: MAY
 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that no school shall be in session on general election day,
however, a school district can require staff attendance or a profes-
sional development day

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one - amends subdivision 8 of section 3604 of the education law,
as amended by chapter 260 of the laws of 2012 to add general election
day to the list of no school session days

Section two - amends subdivision 3 of section 4-104 of the election law
to allow public school buildings to appeal polling place designations
Section three - sets forth the effective date

 
JUSTIFICATION:

In recent years, school safety has become an issue of discussion across
the country, with schools in New York putting in a number of safety and
security measures to protect students. Many schools are locked to the
outside while school is in session so no one can enter without signing
in and giving ID. While this is a basic security measure and many
schools have even more in place, on general election day in New York,
schools are one of the primary locations for voting.  The city of New
York already makes General Election Day a non-student attendance day, so
this bill would expand to cover the entire state.  This will not only
address the concerns of student safety, but also alleviates the competi-
tion for space in the often-crowded educational facilities. The Board of
Elections sometimes has a difficult time finding appropriate spaces that
would be fully accessible to all voters, so by closing schools to
students it will open up more options.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: S.4787-A/A.6040-B referred to education
2017-2018: S.1041/A.444 referred to education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on January 1, 2021.

2019-S2876A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2876--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sens. MAY, BIAGGI -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education  --  recom-
   mitted to the Committee on Education in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law and the election 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, GENERAL  ELECTION  DAY
 or a legal holiday, except [general election day,] Washington's birthday
 and  Lincoln's birthday, and except that driver education classes may be
 conducted on a Saturday. A SCHOOL DISTRICT MAY ELECT  TO  REQUIRE  STAFF
 ATTENDANCE  ON  A  GENERAL  ELECTION  DAY  OR TO SCHEDULE A PROFESSIONAL
 DEVELOPMENT DAY. A deficiency not exceeding four days during any  school
 year caused by teachers' attendance upon conferences held by superinten-
 dents  of  schools  of  city  school districts or other school districts
 employing superintendents of schools shall be excused by the commission-
 er, notwithstanding any provision of law,  rule  or  regulation  to  the
 contrary,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00503-03-9

 S. 2876--A                          2
 
 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
 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. Subdivision 3 of section 4-104 of the election law, as amended by
 chapter 694 of the laws of 1989, is amended to read as follows:
   3.  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 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 of registration and
 voting. If a board or body empowered to designate polling places chooses
 a public school building for such purpose, 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  must
 make  available any such room or rooms which the board or body designat-
 ing such building  determines  are  accessible  to  physically  disabled
 voters as provided in subdivision one-a OF THIS SECTION. Notwithstanding
 the  provisions of any general, special or local law, if a board or body
 empowered to designate polling places chooses a publicly owned or leased
 building[, other than a public school building,] for such  purposes  the
 board or body 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 must make available any such room or rooms which the board
 or  body  designating  such  building determines are accessible to phys-
 ically disabled voters unless, not later than thirty days  after  notice
 of  its  designation  as  a polling place, the board or body controlling
 such building, files a written request for a cancellation of such desig-
 nation with the board or body empowered to designate polling  places  on
 such  form  as shall be provided by the board or body making such desig-
 nation. The board or body empowered to so designate shall, within twenty
 days after such request is filed, determine  whether  the  use  of  such
 building  as a polling place would unreasonably interfere with the usual
 activities conducted in such building and upon such  determination,  may
 cancel such designation.
   § 3. This act shall take effect January 1, 2021.

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Senate Bill S2876

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

Alessandra Biaggi

2019-S2876 - Details

2019-S2876 - Summary

2019-S2876 - Sponsor Memo

2019-S2876 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

2019-S2876A (ACTIVE) - Details

2019-S2876A (ACTIVE) - Summary

2019-S2876A (ACTIVE) - Sponsor Memo

2019-S2876A (ACTIVE) - Bill Text download pdf

Comments