Senate Bill S1747

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1747
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 providing that the Board of Regents, the Commissioner of Education,  and
   the  Education  Department shall have the responsibility to respond to
   the current COVID-19 pandemic, terminating  certain  Executive  Orders
   issued  by the Governor pursuant to section 29-a of the Executive Law,
   and providing for the procedure to be followed regarding future Execu-
   tive Orders regarding elementary, secondary,  post-secondary  schools,
   State Universities, and other educational entities
 
   WHEREAS,  the  New  York State Board of Regents is responsible for the
 general supervision of all educational activities in the  State  of  New
 York  including  all  elementary,  secondary, and post-secondary schools
 pursuant to Article XI, Section 2 of the New  York  State  Constitution;
 and
   WHEREAS, the New York State Board of Regents appoints the Commissioner
 of Education to be the chief administrative officer of the Department of
 Education pursuant to Article V, Section 4 of the New York State Consti-
 tution; and
   WHEREAS, the Commissioner of Education is the "chief executive officer
 of  the  state  system  of  education,"  has "general supervision of all
 schools and institutions ... related to education," and has the  respon-
 sibility  to  "advise and guide the school officers of all districts and
 cities of the State in relation to their duties and the general  manage-
 ment  of the schools under their control" pursuant to section 305 of the
 Education Law; and
   WHEREAS, elected local school boards throughout New York State and the
 Mayor in the City of  New  York  are  charged  with  the  administrative
 responsibility  for  managing  and operating individual school districts
 consistent with the guidance and direction  provided  by  the  Board  of
 Regents,  the  Commissioner  of Education, and the Education Department;
 and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89057-01-1

 S. 1747                             2
 
   WHEREAS, the Governor was given the authority  pursuant  to  Executive
 Law  section  29-a  by  Executive Order to temporarily suspend any laws,
 ordinances, rules or regulations  during  a  State  disaster  emergency,
 provided  that any such action by subject to the State Constitution, and
 further  subject  to the requirement that "when practicable, specialists
 shall be assigned to assist with the related emergency actions to  avoid
 needless adverse effects resulting from such suspensions,"; and
   WHEREAS,  the Board of Regents, the Commissioner of Education, and the
 Education Department, consistent with their independent role  under  the
 State Constitution and their cadre of specialists, should assert primary
 responsibility,  subject  to duly enacted legislation, for responding to
 the current COVID-19 pandemic, including deciding when  and  under  what
 conditions local schools should reopen; and
   WHEREAS,  the  State  Legislature  has  the  authority to terminate by
 concurrent resolution Executive Orders issued under section 29-a of  the
 Executive Law; now, therefore, be it
   RESOLVED,  (if  the  Assembly  concur)  that the Board of Regents, the
 Commissioner of Education, and the Education Department shall  have  the
 responsibility,  subject  to duly enacted legislation, to respond to the
 current COVID-19 pandemic, including deciding when and under what condi-
 tions elementary, secondary, post-secondary schools, State Universities,
 and other educational entities  subject  to  their  jurisdiction  should
 reopen and operate; and be it further
   RESOLVED, (if the Assembly concur) that any Executive Orders issued by
 the  Governor  that are inconsistent in any manner with the decisions of
 the Board of Regents, the Commissioner of Education, and  the  Education
 Department  regarding  elementary,  secondary,  post-secondary  schools,
 State Universities, and other  educational  entities  subject  to  their
 jurisdiction are hereby terminated; and be it further
   RESOLVED,  (if the Assembly concur) that the Governor shall retain the
 authority to issue Executive  Orders  regarding  elementary,  secondary,
 post-secondary  schools, State Universities, and other educational enti-
 ties subject to the jurisdiction of the Board of  Regents,  the  Commis-
 sioner of Education, and the Education Department to the extent that the
 Governor is requested in writing by the Board of Regents to exercise the
 authority  to  suspend  temporarily specific laws, rules, or regulations
 during a declared state of emergency for a period not to exceed 30 days;
 and be it further
   RESOLVED, (if the Assembly concur) that a copy of any request  by  the
 Board  of  Regents  to  the Governor to exercise any emergency authority
 shall be simultaneously sent to the temporary President of  the  Senate,
 the  Minority  Leader  of  the  Senate, the Speaker of the Assembly, the
 Minority Leader of the Assembly, and the chairs and ranking  members  of
 the Senate and Assembly education committees.