New York Consolidated Laws, Education Law - EDN § 550. Definitions

1. “Commissioner” shall mean the state commissioner of education.

2. “Qualifying school” shall mean a nonprofit elementary or secondary school in the state of New York, other than a public school, which (a) is providing instruction in accordance with article seventeen and section thirty-two hundred four of this chapter, (b) has not been found to be in violation of Title VI of the Civil Rights Act of nineteen hundred sixty-four, 78 Stat. 252, 42 U.S.C. § 2000(d),  1 (c) which is entitled to a tax exemption under section five hundred one (a) and five hundred one (c)(3) of the Federal Internal Revenue Code of nineteen hundred fifty-four,  2 as amended, and (d) has been designated during the base year as serving a high concentration of pupils from low-income families for purposes of Title IV of the Federal Higher Education Act of nineteen hundred sixty-five (20 U.S.C.A. § 425).

3. “Base year” shall mean the school year immediately preceding the current year.

4. “Current year” shall mean the school year during which an apportionment is to be paid pursuant to this article.

5. “Health, welfare and safety grants” shall mean the apportionment made pursuant to this article which shall be used for the maintenance and repair of nonpublic school facilities and equipment to ensure the health, welfare and safety of enrolled pupils.

6. “Maintenance and repair” shall mean the provision of heat, light, water, ventilation and sanitary facilities;  cleaning, janitorial and custodial services;  snow removal;  necessary upkeep and renovation of buildings, grounds and equipment;  fire and accident protection;  and such other items as the commissioner may deem necessary to ensure the health, welfare and safety of enrolled pupils.

7. “Average daily attendance” shall mean the total number of attendance days of enrolled pupils in grades one through twelve during the base year, divided by the number of days the school was in session during such year.