S T A T E O F N E W Y O R K
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1707
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. GUNTHER, ZEBROWSKI, REILLY, GALEF, JAFFEE,
SAYWARD, TOBACCO, McKEVITT, CORWIN, KOLB, HOOPER -- Multi-Sponsored by
-- M. of A. BOYLAND, CALHOUN, CONTE, CROUCH, GABRYSZAK, GIGLIO, RAIA,
TITONE, WEISENBERG -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to regulatory mandates
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. REGULATORY MANDATES. 1. AS USED IN THIS SECTION, "REGULATORY
MANDATE" MEANS ANY RULE, REGULATION, ORDER, OR ADMINISTRATIVE GUIDANCE
BY THE BOARD OF REGENTS, COMMISSIONER, OR AN EMPLOYEE OF THE DEPARTMENT
THAT REQUIRES A SCHOOL DISTRICT TO CREATE A NEW PROGRAM, REQUIRES A
HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM, OR ALTERS A PROGRAM OR
A SERVICE IN A MANNER THAT INCREASES THE OPERATIONAL COST TO A SCHOOL
DISTRICT.
2. IN THE EVENT THAT A REGULATORY MANDATE THAT IMPOSES A COST UPON A
SCHOOL DISTRICT AND IS ACTED UPON OR PROMULGATED BY THE REGENTS, COMMIS-
SIONER, OR AN EMPLOYEE OF THE DEPARTMENT AFTER THE ADOPTION OF A SCHOOL
BUDGET, SUCH REGULATORY MANDATE SHALL NOT TAKE EFFECT UNTIL THE SUBSE-
QUENT SCHOOL YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A REGULATORY
MANDATE MAY BE IMPOSED IF:
(A) THE REGULATORY MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL
DISTRICT UNDER A REGULATION, RULE, ORDER, OR ADMINISTRATIVE GUIDANCE
THAT IS PERMISSIVE RATHER THAN MANDATORY;
(B) THE REGULATORY MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECU-
TIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(C) THE REGULATORY MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER
THAT IMPLEMENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02363-01-1
A. 1707 2
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.