senate Bill S1432

Relates to the effect of mandates on school districts

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO EDUCATION
  • 12 / Apr / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2011
    • 1ST REPORT CAL.850
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Provides that state mandates shall not be implemented in school districts after such district has passed a budget, any such mandates shall be implemented in the following fiscal year.

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Bill Details

Versions:
S1432
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง308-a, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S1252

Sponsor Memo

BILL NUMBER:S1432

TITLE OF BILL:

An act
to amend the education law, in relation to the effect of mandates on
school districts

PURPOSE:

This bill would require that any state mandate imposing a cost upon a
school district may not be imposed after the adoption of a school
budget. This provision allows school districts to plan for and
incorporate a new state imposed mandate in their upcoming school
budget.

SUMMARY OF PROVISIONS:

Section one amends the education law by adding a new section 308-a
which defines mandates and prohibits implementation of unfunded
mandates during a school fiscal year in which a budget has already
been adopted. Allows implementation of a new mandate which imposes
costs on school districts in the following school fiscal year.

Section two provides that the act shall become effective immediately.

JUSTIFICATION:

Over the last several years, the State Legislature has been
particularly sensitive to school districts' concerns regarding the
imposition of unfunded state mandates, however, the federal
government and the State Education Department continue to impose new
fiscal requirements on public schools without regard to their ability
to plan for the fiscal implications. Without adequate funding and
time to plan for unforeseen costs, school districts have, at times,
been forced to reduce programs, services and personnel to contend
with new unfunded mandates imposed by the state.

In December 2006, the State Education Department directed all public
school districts to provide students taking mandated state math exams
with graphing and/or scientific calculators to the extent that such
calculators are a necessary part of the educational program.
Specifically, school
districts were informed by the State Education Department that the
calculators must be provided to students when required in order to
complete mandated State math and science assessments and course work.
This particular regulation imposed a cost of roughly $100 million
statewide. Some school districts reported spending in excess of
$100,000 on graphing and scientific calculators to fulfill this
unforeseen requirement.

In order to ensure that school districts and taxpayers do not bave to
contend with costly new mandates once a school budget has been
adopted, this legislation provides schools with the time to adjust
and plan for any new state mandates imposing a cost on a school
district.


LEGISLATIVE HISTORY:

2009-2010: S.1252 - Referred to Education.
2007-2008: S.5671 -- Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1432

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND,  DeFRANCISCO,  HANNON,  JOHNSON,  LARKIN,
  LITTLE, RANZENHOFER, SEWARD -- 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 the effect of mandates
  on school districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  308-a
to read as follows:
  S  308-A.  SPECIAL  PROVISIONS;  MANDATES. 1. AS USED IN THIS SECTION,
"MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION  WHICH  CREATES  A
NEW  PROGRAM  OR  REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING
PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER  BY  SPECIAL  LAWS  OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B)  ANY  GENERAL  LAW  WHICH  GRANTS  A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2.  IN  THE  EVENT  THAT  A MANDATE WHICH IMPOSES A COST UPON A SCHOOL
DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH  MANDATE
SHALL  NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER  OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE  COSTS  MANDATED  BY  THE
FEDERAL GOVERNMENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03601-01-1

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