Senate Bill S8429

                                BILL NUMBER:S8429

TITLE OF BILL:
An act to amend the education law, in relation to annual apportionment
of public monies to vocational education and extension boards

PURPOSE OR GENERAL IDEA OF BILL:
To repeal the change to S.1104 of the education law, which was proposed
in the Governor's Executive Budget and adopted in budget bill S.6607.
The omission of the newly adopted language will reflect the Supreme
Court Decision that the calculations in Section 1104 were the correct
way to determine the amount of State Aid to be awarded to the VEEB.  A
repeal will award the VEEB monies owed and will reinstate the formula
originally used to determine levels of aid, for the purpose of funding
training programs to educate volunteer firefighters in Suffolk County.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of section 1104 of the education law is amended.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The changes presented in the Governor's Executive Budget and adopted in
the 2010-11 State Budget modifies Section 1104 of the Education Law,
denying payment of the owed funds to the VEEB and greatly reduces future
aid payments to Suffolk County Fire Academy.

JUSTIFICATION:
              

The Suffolk County Fire Academy was established over 60 years ago under
the New York State Education Department to help train and educate fire
fighters. Education Law Section 1104 clearly delineates how Vocational
Education and Extension Boards (VEEB), like the Fire Academy, are to be
reimbursed. However, on January 28, 2008, the Fire Academy received a
letter from the NYSED notifying them that during the 06-07 aid year,
they were overpaid, due to a calculation error by the Education Depart-
ment. The Education Department deducted the overpayment from their FY
08-09 aid.  The County of Suffolk, on behalf of the VEEB, filed a
lawsuit against the NYSED in 2008 in order to recover the lost funding.
The County lost the original lawsuit, but appealed the decision to the
State Supreme Court. It was affirmed by the Appellate Division of the
State Supreme Court on December 24, 2009 (ref. 507581) that the NYSED
was to return these funds to the VEEB and confirmed that the calcu-
lations in Section 1104 were correct to determine the amount of state
aid allotted to the VEEB, stating" (SED's) calculations were based upon
a strained interpretation of the statutory language".  Budget bill
(S.6607/A.9707) amended § 1104 of the Education Law, which will effec-
tively deny payment of the owed funds to the VEEB and greatly reduce
future aid payments to Suffolk County's Fire Academies. The reduction in
State Aid will greatly hinder Suffolk County's ability to serve our
community and provide the level of training our volunteers rightly
deserve.

This legislation will allow Suffolk County Fire Academy to receive the
full amount of aid funding it was scheduled to receive, dictated by the
Appellate Division of the State Supreme Court, and revoke the amendment
of § 1104 of the Education Law. At a time when fire departments are
struggling to recruit and retain volunteers, we cannot afford to make
reductions in fire and safety training.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 3-a of part A of a chapter of the laws of 2010.