S T A T E O F N E W Y O R K
S. 766 A. 70
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 9, 2013
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Judiciary
AN ACT to amend the executive law, in relation to the establishment of
an office of education legal services in the department of law to
provide all legal services to certain school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 75 to
read as follows:
S 75. OFFICE OF EDUCATION LEGAL SERVICES. 1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT OF LAW A STATEWIDE OFFICE OF EDUCATION
LEGAL SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION, SHALL
HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
DISTRICTS OF THIS STATE CREATED PURSUANT TO THE EDUCATION LAW, AS
FURTHER DEFINED IN THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION,
"SCHOOL DISTRICT" SHALL MEAN ALL SCHOOL DISTRICTS OF THE STATE EXCEPT
FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES-
TER, SYRACUSE AND YONKERS.
2. NOTWITHSTANDING ANY PROVISION OF LAW, THE ATTORNEY GENERAL SHALL
APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
A DEPUTY ATTORNEY GENERAL IN CHARGE OF THE OFFICE OF EDUCATION LEGAL
SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
REMOVE, SUCH ASSISTANT DEPUTIES AND SUCH OTHER PERSONS AS HE OR SHE
DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
3. ALL APPOINTMENTS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 766 2 A. 70
4. THE ATTORNEY GENERAL SHALL ESTABLISH REGIONAL OFFICES IN LONG
ISLAND, HUDSON/CAPITAL DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED IN
5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
6. ALL SCHOOL DISTRICTS SUBJECT TO THE PROVISIONS OF THIS SECTION
SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL ALSO BE
PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
S 2. This act shall take effect immediately; provided, however, that
the office of education legal services shall be established effective
July 1, 2013.