Provides that school aid shall not be reduced if a school is closed due to extraordinary circumstances, emergency or disaster

8 Co-sponsors

• John J. Bonacic
• Hugh T. Farley
• Joseph A. Griffo
• William J. Larkin Jr.
• Tom Libous
• Betty Little
• Jack M. Martins
• Thomas F. O'Mara

BILL NUMBER:S6284

Title of bill

An act to amend the education law, in relation to permitting apportionment of state aid where a school was not in session due to extraordinary weather conditions, disasters or emergencies

Purpose

To hold school districts financially harmless because, due to Hurricane Irene and Tropical Storm Lee, damaged school buildings were closed for a period of time at the start of the 2011-2012 academic year and districts are otherwise unable to meet the statutory minimum for school days in session.

Summary of provisions

Adds a new subdivision 7-a to section 3604 of the education law to require the commissioner to hold school districts financially harmless if a school has lost up to ten days and is unable to be in session for the state mandated 180 days due to a duly declared state of emergency following a federally and state recognized natural disaster. Requires certifications by the school superintendent. The provision is effective for only the 2011-2012 school year.

Existing law

Currently, the commissioner has discretionary authority to waive the 180 day minimum requirement only if a district has lost five or fewer days.

Justification

Hurricane Irene and Tropical Storm Lee, occurring just before the state of the 2011-2012 school year, devastated areas of upstate New York. Some school districts' buildings were damaged by wind and floods and were unable to open on time. Repair and reconstruction to ensure the safety and sanitation of the buildings prompted districts to delay the start of the school year for several weeks, transportation routes were closed due to both local states of emergency and damage - factors out of the control of school districts. Ongoing reconstruction, necessary during student vacations so that students are not present and their safety is not compromised, obviated the possibility of having students in session during regularly scheduled vacation breaks, which is otherwise required to make up any lost days due to the factors outlined in statute.

This bill provides relief to districts affected by last summer's floods, and ensures that they do not lose state aid due to repair and reconstruction of school buildings, road closings, and other factors out of the control of local school districts.

Legislative history

New bill.

Fiscal implications

None to the state. Averts the loss of critical state aid that is otherwise due and payable, providing financial

relief to local school districts and reducing pressure on local property taxes.

Effective date

Immediate.