BILL NUMBER: S5914

SPONSOR: MARTUCCI
 
TITLE OF BILL:

An act to amend the education law, in relation to the effect of mandates
on school districts

 
PURPOSE:

This bill would require that any state mandates imposing a cost upon a
school district may not be imposed after the adoption of a school budg-
et. This provision allows school districts to plan for and incorporate a
new state imposed mandate in their upcoming school budget.

 
SUMMARY OF PROVISIONS:

Section one amends the Education Law by adding a new section 308-a which
defines mandates and prohibits implementation of unfunded mandates
during a school fiscal year in which a budget has already been adopted.
Allows implementation of a new mandate which imposes costs on school
              

districts in the following school fiscal year.

Section two provides that the act shall become effective immediately.

 
JUSTIFICATION:

Over the last several years, the State Legislature has been particularly
sensitive to school districts' concerns regarding the imposition of
unfunded state mandates. However, the federal government and the State
Education Department continue to impose new fiscal requirements on
public schools without regard to their ability to plan for the fiscal
implications. Without adequate funding and time to plan for unforeseen
costs, school districts have, at times, been forced to decrease
resources for programs, services and personnel to contend with new
unfunded mandates imposed by the State.

In December 2006, the State Education Department directed all public
school districts to provide students taking mandated state math exams
with graphing and/or scientific calculators to the extent that such
calculators are a necessary part of the educational program.  Specif-
ically, school districts were informed by the State Education Department
that the calculators must be provided to students when required in order
to complete mandated State math and science assessments and course work.
This particular regulation imposed a cost of roughly $100 million state-
wide. Some school districts reported spending in excess of $100,000 on
graphing and scientific calculators to fulfill this unforeseen require-
ment.

In order to ensure that school districts and taxpayers do not have to
contend with costly new mandates once a school budget has been adopted,
this legislation provides schools with the time to adjust and plan for
any new state mandates imposing a cost on a school district.

 
LEGISLATIVE HISTORY:

S.3000 of 2019-20: Referred to Education S.2968/A.4899 of 2015-2016;
Passed Senate. S.5043 of 2013-2014; Referred to Education. 5.1432 of

2011-2012; Referred to Education. 5.1252 of 2009-2010; Referred to
Education. S.5671 of 2007-2008; Passed Senate.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.