BILL NUMBER:S5043

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 have 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:

2011-2012: S.1432 - Referred to Education.
2009-2010: S.1252 - Referred to Education.
2007-200B: S.5671 - Passed Senate.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.