N.Y. Education Law § 551: Apportionment

§ 551. Apportionment. 1. In order to meet proper health, welfare and

safety standards in qualifying schools for the benefit of the pupils

enrolled therein, there shall be apportioned health, welfare and safety

grants by the commissioner to each qualifying school for the school

years beginning on and after July first, nineteen hundred seventy-one,

an amount equal to the product of thirty dollars multiplied by the

average daily attendance of pupils receiving instruction in such school,

to be applied for costs of maintenance and repair. Such apportionment

shall be increased by ten dollars multiplied by the average daily

attendance of pupils receiving instruction in a school building

constructed prior to nineteen hundred forty-seven. In no event shall the

per pupil annual allowance computed under this section exceed fifty per

centum of the average per pupil cost of equivalent maintenance and

repair in the public schools of the state on a state-wide basis, as

determined by the commissioner, and in no event shall the apportionment

to a qualifying school exceed the amount of expenditures for maintenance

and repair of such school as reported pursuant to section five hundred

fifty-two of this article.

2. The apportionment pursuant to this section shall be reduced by one

one hundred eightieth for each day less than one hundred eighty days

that such school was actually in total session in the base year, except

that the commissioner may disregard such reduction up to five days if he

finds that the school was not in session for one hundred eighty days

because of extraordinary adverse weather conditions, impairment of

heating facilities, insufficiency of water supply, shortage of fuel or

the destruction of a school building, and if the commissioner further

finds that such school cannot make up such days of instruction during

the school year. No such reduction shall be made, however, for any day

on which such school was in session for the purpose of administering the

regents examinations or the regents scholarship examinations, or any

day, not to exceed three days, when such school was not in session

because of a conference of teachers called by the principal of the

school.