S T A T E O F N E W Y O R K
________________________________________________________________________
288
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. RHOADS, OBERACKER, PALUMBO, WEIK -- read twice and
ordered printed, and when printed to be committed 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01058-01-5
S. 288 2
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.