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Assembly Bill A1645

2021-2022 Legislative Session

Relates to attorney's fees for disciplinary proceedings

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2021-A1645 (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Amd §3020-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9750
2013-2014: A4812
2015-2016: A6492
2017-2018: A756
2019-2020: A528

2021-A1645 (ACTIVE) - Summary

Relates to attorney's fees for disciplinary proceedings.

2021-A1645 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1645
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PERRY,  BENEDETTO,  PAULIN  -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to  attorney's  fees  for
   disciplinary proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3020-a of the education law is amended by adding  a
 new subdivision 6 to read as follows:
   6.  ATTORNEY'S  FEES.  NOTWITHSTANDING  ANY  LAWS TO THE CONTRARY, ANY
 PRIVATE ATTORNEY RETAINED OR OTHERWISE EMPLOYED BY A SCHOOL DISTRICT  TO
 REPRESENT  THE  SCHOOL  DISTRICT  IN  ANY  PROCEEDINGS  PURSUANT TO THIS
 SECTION SHALL BE PAID AN HOURLY RATE NOT TO EXCEED THE HOURLY RATE  PAID
 TO  THE  HIGHEST  PAID ATTORNEY OR LEGAL OFFICER EMPLOYED AS A FULL-TIME
 EMPLOYEE BY THE SCHOOL DISTRICT. IN THE EVENT THAT THE  SCHOOL  DISTRICT
 DOES  NOT  EMPLOY A FULL-TIME ATTORNEY OR LEGAL OFFICER, THE HOURLY RATE
 OF THE HIGHEST PAID ATTORNEY OR LEGAL OFFICER EMPLOYED  AS  A  FULL-TIME
 EMPLOYEE  BY  THE  COUNTY  OR  COUNTIES  IN WHICH THE SCHOOL DISTRICT IS
 LOCATED SHALL NOT BE EXCEEDED. FOR THE PURPOSES OF THIS SUBDIVISION, THE
 HOURLY RATE SHALL BE COMPUTED BY DIVIDING ANNUAL SALARY OF THE  ATTORNEY
 OR LEGAL OFFICER BY THE TOTAL NUMBER OF HOURS THAT THE ATTORNEY OR LEGAL
 OFFICER  IS  REQUIRED  BY  LAW  OR  CONTRACTUAL AGREEMENT TO WORK IN ANY
 CALENDAR YEAR. PROVIDED, HOWEVER, THAT IF THE SCHOOL DISTRICT DESIRES TO
 PROVIDE FOR A COMPENSATION GREATER  THAN  WHAT  IS  AUTHORIZED  BY  THIS
 SUBDIVISION, THE SCHOOL DISTRICT MAY SEEK A WAIVER FROM THE REQUIREMENTS
 OF THIS SUBDIVISION FROM THE COMMISSIONER, UPON GOOD CAUSE SHOWN.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04987-01-1

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