S T A T E O F N E W Y O R K
________________________________________________________________________
5641
2021-2022 Regular Sessions
I N A S S E M B L Y
February 22, 2021
___________
Introduced by M. of A. FITZPATRICK, J. M. GIGLIO, SALKA, TAGUE --
Multi-Sponsored by -- M. of A. MANKTELOW -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to mandating the trustees
of common school districts and the board of education of every union
free school district to establish a code of ethics to be applied to
the prohibition of the use of school resources for personal gain
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1604 of the education law is amended by adding a
new subdivision 45 to read as follows:
45. ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, AND ANNU-
ALLY THEREAFTER, THE GOVERNING BODY OF EACH SCHOOL DISTRICT AND EACH
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL REVIEW AND APPROVE A
CODE OF ETHICS THAT SHALL INCLUDE STANDARDS FOR OFFICERS AND EMPLOYEES
PROHIBITING THE USE OF PROPERTY OR RESOURCES OF THE DISTRICT OR BOARD
FOR PERSONAL GAIN. A COPY OF SUCH CODE SHALL BE FILED WITH THE OFFICE
OF THE STATE COMPTROLLER AND THE DEPARTMENT WITHIN THIRTY DAYS OF ITS
ANNUAL APPROVAL PURSUANT TO THIS SUBDIVISION, AND ANY SUBSEQUENT AMEND-
MENTS TO SUCH CODE SHALL BE SO FILED WITHIN THIRTY DAYS OF ADOPTION OF
SUCH AMENDMENT.
§ 2. Section 1709 of the education law is amended by adding a new
subdivision 36 to read as follows:
36. ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, AND ANNU-
ALLY THEREAFTER, THE GOVERNING BODY OF EACH SCHOOL DISTRICT AND EACH
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL REVIEW AND APPROVE A
CODE OF ETHICS THAT SHALL INCLUDE STANDARDS FOR OFFICERS AND EMPLOYEES
PROHIBITING THE USE OF PROPERTY OR RESOURCES OF THE DISTRICT OR BOARD
FOR PERSONAL GAIN. A COPY OF SUCH CODE SHALL BE FILED WITH THE OFFICE
OF THE STATE COMPTROLLER AND THE DEPARTMENT WITHIN THIRTY DAYS OF ITS
ANNUAL APPROVAL PURSUANT TO THIS SUBDIVISION, AND ANY SUBSEQUENT AMEND-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08124-01-1
A. 5641 2
MENTS TO SUCH CODE SHALL BE SO FILED WITHIN THIRTY DAYS OF ADOPTION OF
SUCH AMENDMENT.
§ 3. Paragraph a of subdivision 1 of section 2102-a of the education
law, as amended by chapter 388 of the laws of 2010, is amended to read
as follows:
a. Every trustee or voting member of a board of education of a school
district or a board of cooperative educational services, elected or
appointed for a term beginning on or after July first, two thousand
five, shall, within the first year of his or her term, complete a mini-
mum of six hours of training on the financial oversight, accountability
and fiduciary responsibilities of a school board member. SUCH TRAINING
SHALL ALSO INCLUDE EXAMINATION OF THE SCHOOL DISTRICT'S CODE OF ETHICS
AS ESTABLISHED IN SUBDIVISION FORTY-FIVE OF SECTION SIXTEEN HUNDRED FOUR
OF THIS TITLE.
§ 4. Paragraph (a) of subdivision 3 of section 2116-a of the education
law, as amended by section 4 of part A-1 of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The school authorities of each school district, except those
employing fewer than eight teachers, but including the city school
districts of the cities of Buffalo and Rochester, shall obtain an annual
audit of its records by an independent certified public accountant or an
independent public accountant. The report of such annual audit shall be
presented to the trustees or board of education by such accountant. The
board of education of the city school district of the city of New York,
districts of such city shall obtain an annual audit by the comptroller
of the city of New York, or by an independent certified public account-
ant or an independent public accountant. Such city school district audit
shall include, but not be limited to, transactions processed at the
level of the central administrative office, the district, and the indi-
vidual school. SUCH AUDIT SHALL ALSO INCLUDE EXAMINATION OF ALL TRANS-
ACTIONS TO ENSURE COMPLIANCE WITH THE SCHOOL DISTRICT'S CODE OF ETHICS
AS ESTABLISHED IN SUBDIVISION FORTY-FIVE OF SECTION SIXTEEN HUNDRED FOUR
OF THIS TITLE. The community districts of such city school district
shall obtain an annual audit by the bureau of audit of the board of
education of the city school district of the city of New York or by an
independent certified public accountant or an independent public
accountant. A copy of the audit report in form prescribed by the commis-
sioner and certified by the accountant, or, in the city school district
of the city of New York or the community districts therein, by the
accountant, or the comptroller or bureau of audit, as the case may be,
shall be furnished to the commissioner on or before October fifteenth
following the end of the fiscal year audited, except that such report
shall be furnished to the commissioner on or before January first
following the end of the fiscal year audited for the city school
districts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and
New York and for the community school districts of the city of New York.
§ 5. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law and shall apply to the
following school year. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.