NY State Senate Bill 2019-S146

Senate Bill S146

2019-2020 Legislative Session

Authorizes the commissioner of education to withhold apportionment and grants from private schools under certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Jan 09, 2019	referred to education

2019-S146 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §807-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6067
2017-2018: S1734

2019-S146 (ACTIVE) - Summary

Authorizes the commissioner of education to withhold apportionment and grants from private schools that do not file a recent fire safety report in a timely manner.

2019-S146 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S146

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the education law, in relation to authorizing the
commissioner of education to withhold apportionment and grants from
private schools that do not file a recent fire safety report in a timely
manner

 
PURPOSE:

The bill will provide an enforcement mechanism for the State Education
Department in order to ensure that the fire safety report requirement is
complied with.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 6 of section 807-a of the
education law as it relates to withholding of apportionment to any
private school which has failed to file a fire safety report in a timely

manner or has corrected violations in the report to the satisfaction of
the commissioner.

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

Current law requires schools to submit an annual fire safety report
which includes an inspection of school buildings by a fire inspector.
There is no penalty for schools who fail to submit an annual fire safety
report in a timely manner or at all. Upon a request to the State Educa-
tion Department for a school's fire safety report found at least one
private school has never submitted the required annually report. This
bill requires the commissioner of education to withhold any apportion-
ment due to a private school that has failed to submit this important
safety requirement. This will provide the State Education Department
with the necessary enforcement mechanism to ensure compliance with this
requirement and the safety of school buildings.

 
LEGISLATIVE HISTORY:

2017-18: S1734 - EDUCATION
2015-16: S6067/A2847 - education/education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    146
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  authorizing  the
   commissioner  of  education  to withhold apportionment and grants from
   private schools that do not file a recent  fire  safety  report  in  a
   timely manner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 807-a of  the  education  law,  as
 amended  by  chapter  165  of  the  laws  of 2006, is amended to read as
 follows:
   6. It shall be the duty of  the  commissioner  to  ascertain  annually
 whether  the  inspections  of  school buildings required by this section
 have been made and the reports of the  inspection  have  been  filed  in
 their  respective  offices. The commissioner shall review the reports of
 inspection filed pursuant to this section and may  make  recommendations
 to  the  school  authorities  with  respect  to any problems relating to
 school fire safety noted in such reports. The commissioner shall require
 a re-inspection of school buildings where a report of inspection identi-
 fied violations that, if uncorrected, would cause the department to deny
 an annual certificate of occupancy to such school  building,  and  shall
 require additional re-inspections until it is demonstrated to the satis-
 faction  of  the  commissioner that said violations have been corrected.
 The commissioner may inspect or cause to be inspected at any  reasonable
 time  for fire prevention and fire protection purposes the school build-
 ings required to be inspected by this section.  IT SHALL BE THE DUTY  OF
 THE  COMMISSIONER TO WITHHOLD ANY APPORTIONMENT PURSUANT TO SECTION FIVE
 HUNDRED FIFTY-ONE OF THIS TITLE AND ANY GRANT OF MANDATED  SERVICES  AID
 TO  ANY  PRIVATE  SCHOOL  WHICH HAS FAILED TO FILE AN ANNUAL FIRE SAFETY
 REPORT BY THE  SIXTEENTH  OF  DECEMBER  EACH  YEAR,  OR  WHICH  HAS  NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05324-01-9

 S. 146                              2
 
 CORRECTED  VIOLATIONS  IDENTIFIED  IN SUCH REPORT TO THE SATISFACTION OF
 THE COMMISSIONER. NO SUCH APPORTIONMENT OR GRANT SHALL BE RELEASED UNTIL
 THE COMMISSIONER HAS  DETERMINED  THAT  THE  PRIVATE  SCHOOL  HAS  FULLY
 COMPLIED WITH THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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