Assembly Bill A4864

2021-2022 Legislative Session

Creates the school board empowerment act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4864 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add Title 5-A Art 78 §§3850 - 3853, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6862
2013-2014: A5049
2015-2016: A5090
2017-2018: A4287
2019-2020: A5454
2023-2024: A1810

2021-A4864 (ACTIVE) - Summary

Creates a school board empowerment act which allows local school districts to declare a fiscal emergency under designated conditions and fiscally restructure so as to minimize adverse impacts on student education; provides for the repeal of such provisions upon the expiration thereof.

2021-A4864 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4864
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. GOODELL, BLANKENBUSH, MORINELLO -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  creating  a  school
   board empowerment act which allows local school districts to declare a
   fiscal  emergency under designated conditions and fiscally restructure
   so as to minimize adverse impacts on student education; and  providing
   for the repeal of such provisions upon expiration thereof
 
   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 title  5-a  to
 read as follows:
                                 TITLE V-A
                         SCHOOL BOARD EMPOWERMENT
 ARTICLE 78. SCHOOL BOARD EMPOWERMENT (§§ 3850-3853)
                                ARTICLE 78
                         SCHOOL BOARD EMPOWERMENT
 SECTION 3850. DECLARATION OF FISCAL EMERGENCY.
         3851. TEMPORARY FREEZE OF EXPENDITURE INCREASES.
         3852. RESTRUCTURING OPERATIONS.
         3853. RESTRUCTURING PLAN.
   §  3850.  DECLARATION  OF  FISCAL EMERGENCY. NOTWITHSTANDING ANY OTHER
 PROVISION OF THE LAW TO THE CONTRARY, UPON    A  MAJORITY  VOTE  OF  THE
 SCHOOL  BOARD  A  FISCAL  EMERGENCY  MAY BE DECLARED ALLOWING THE SCHOOL
 BOARD TO TAKE REASONABLE STEPS TO AMELIORATE THE FISCAL EMERGENCY PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE. TO DECLARE A FISCAL EMERGENCY THE
 BOARD MUST BE ABLE TO DEMONSTRATE:
   1. PROJECTED EXPENSES EXCEED ALL AVAILABLE REVENUE; AND
   2. THE SCHOOL BUDGET WAS REJECTED BY VOTERS OR FAILED TO  RECEIVE  THE
 VOTES  NECESSARY  TO  EXCEED  ANY  ENACTED PROPERTY TAX CAP. SUCH SCHOOL
 BOARD VOTE SHALL BE MADE FOLLOWING A PUBLIC HEARING AT WHICH THE  SCHOOL
 BOARD  SHALL  PROVIDE EVIDENCE THAT PROJECTED EXPENSES EXCEED ALL AVAIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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