S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4854
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 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] THE  COMMISSIONER'S  satisfaction  that
 any  trustee, member of a board of education, clerk, collector, treasur-
 er, 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 commis-
 sioner, after a hearing at which the school officer shall have the right
 of representation by counsel, may, by an order under  [his]  THEIR  hand
 and  seal,  which  order shall be recorded in [his] THEIR office, remove
 such school officer from [his] 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
              
             
                          
                                       [ ] is old law to be omitted.
                                                            LBD01058-01-5