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Assembly Bill A7729

2023-2024 Legislative Session

Relates to restrictions on authority for the withholding of public monies from educational institutions

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Archive: Last Bill Status - In Assembly Committee

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2023-A7729 (ACTIVE) - Details

See Senate Version of this Bill:
S6737
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §306, Ed L
Versions Introduced in 2025-2026 Legislative Session:
A4854, S288

2023-A7729 (ACTIVE) - Summary

Provides that the commissioner of education may also withhold from any district or city its share of the public money of the state for willfully disobeying any provision of law, or for such decisions, orders or regulations as aforesaid whose willful violation constitutes an immediate threat to the health, safety, education or welfare of students, employees or visitors at such common school, educational institution, school district or public school.

2023-A7729 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7729
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the  education  law,  in  relation  to  restrictions  on
   authority for the withholding of public monies from educational insti-
   tutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 306 of the education law, subdivision 1 as  amended
 by chapter 298 of the laws of 1957, is amended to read as follows:
   § 306. Removal  of school officers; withholding public money. 1. When-
 ever it shall be proved to his OR HER  satisfaction  that  any  trustee,
 member  of  a  board of education, clerk, collector, treasurer, district
 superintendent, superintendent of schools or other school officer  is  a
 member  of  an organization listed as subversive by the board of regents
 pursuant to the provisions of section three thousand twenty-two of  this
 chapter,  or  has been guilty of any wilful violation or neglect of duty
 under this chapter, or any other act pertaining  to  common  schools  or
 other  educational institution participating in state funds, or wilfully
 disobeying any decision, order, rule or regulation of the regents or  of
 the commissioner [of education], [said] SUCH commissioner, after a hear-
 ing  at  which the school officer shall have the right of representation
 by counsel, may, by an order under his OR HER hand and seal, which order
 shall be recorded in his OR HER office, remove such school officer  from
 his OR HER office.
   2.  [Said] SUCH commissioner [of education] may also withhold from any
 district or city its share of the public money of the state for wilfully
 disobeying any provision of law [or any decision, order or regulation as
 aforesaid], OR FOR SUCH DECISIONS, ORDERS OR  REGULATIONS  AS  AFORESAID
 WHOSE  WILLFUL  VIOLATION CONSTITUTES AN IMMEDIATE THREAT TO THE HEALTH,
 SAFETY, EDUCATION OR WELFARE OF STUDENTS, EMPLOYEES OR VISITORS AT  SUCH
 COMMON  SCHOOL,  EDUCATIONAL  INSTITUTION,  SCHOOL  DISTRICT  OR  PUBLIC
 SCHOOL.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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