S T A T E   O F   N E W   Y O R K
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                                  3499

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced by Sens. CROCI, DeFRANCISCO, HANNON, MURPHY, ORTT, RANZENHOF-
  ER,  SERINO  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Education

AN ACT to amend the education law, in relation to the legislative  power
  of the University of the State of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 207 of the education law  is  amended  to  read  as
follows:
  S 207. Legislative  power.  Subject and in conformity to the constitu-
tion and laws of the state, the regents shall exercise legislative func-
tions concerning the educational system  of  the  state,  determine  its
educational  policies,  and, except, as to the judicial functions of the
commissioner [of education], establish rules for  carrying  into  effect
the laws and policies of the state, relating to education, and the func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty  and  the  [education]  department.   But no enactment of the regents
shall modify in any degree the freedom of  the  governing  body  of  any
seminary for the training of priests or clergymen to determine and regu-
late  the  entire course of religious, doctrinal or theological instruc-
tion to be given in such institution.   No rule by  which  more  than  a
majority  vote shall be required for any specified action by the regents
shall be amended, suspended or repealed by  a  smaller  vote  than  that
required  for action thereunder.  Rules or regulations, or amendments or
repeals thereof, adopted or prescribed by the  commissioner  [of  educa-
tion]  as  provided  by  law  shall  not  be  effective unless and until
approved by the regents, except where  authority  is  conferred  by  the
regents  upon the commissioner [of education] to adopt, prescribe, amend
or repeal such rules or regulations.  ANY RULE OR REGULATION ADOPTED  BY
THE  REGENTS,  WITHOUT  THE  APPROVAL  OF THE LEGISLATURE, WHICH HAS THE
EFFECT OF INCREASING COSTS TO ANY SCHOOL DISTRICT IN THE STATE, SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD08503-02-5
              

S. 3499                             2

PROHIBITED FROM TAKING EFFECT UNTIL SUCH  TIME  THAT  STATE  FUNDING  IS
APPROPRIATED TO ALL SCHOOL DISTRICTS AFFECTED BY THE RULE OR REGULATION,
COVERING  ALL  EXPENSES RELATED TO THE NEW RULE OR REGULATION. THE BOARD
MAY USE ANY SAVINGS EFFECTUATED BY THE REPEAL OR ADOPTION OF ANY CURRENT
RULE  OR  REGULATION  TO OFFSET THE COST ASSOCIATED WITH ANY NEW MANDATE
ADOPTED BY THE BOARD.  PROVIDED HOWEVER, A NEW MANDATE MAY  BE  IMPOSED,
WITHOUT LEGISLATIVE APPROVAL, AND WITHOUT STATE APPROPRIATION IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A REGULATION OR RULE THAT IS PERMISSIVE RATHER THAN MANDATORY;
  (B)  THE  MANDATE IS REQUIRED BY FEDERAL LAW OR REGULATION AND GOES NO
FURTHER THAN MEETING THE MINIMUM STANDARD AS REQUIRED BY THE FEDERAL LAW
OR REGULATION.
  S 2. This act shall take effect immediately and shall  also  apply  to
any and all rules or regulations adopted after such effective date. This
act  shall  further  apply  to  any  regulation  adopted by the board of
regents prior to the effective date of  this  act,  but  not  yet  fully
implemented or effective.