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.