NY State Senate Bill 2025-S8368

Senate Bill S8368

2025-2026 Legislative Session

Relates to the retention and disposition of state education commissioner appeal and proceeding records

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2025	referred to rules

2025-S8368 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §312, Ed L

2025-S8368 (ACTIVE) - Summary

Provides for the filing and maintenance of all decisions and orders on every appeal or petition to the commissioner of education.

2025-S8368 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8368

SPONSOR: BYNOE
 
TITLE OF BILL:

An act to amend the education law, in relation to the retention and
disposition of state education commissioner appeal and proceeding
records

 
PURPOSE OF THE BILL:

The proposed legislation would update language regarding appeals to and
proceedings before the Commissioner of Education under Article 7 of the
Education Law, to provide the State Education Department with flexibili-
ty in retention and disposition of the resulting records.

 
SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 of the bill amends section Education Law § 312 to remove the
requirement that the Commissioner must keep, and make accessible at all
times, all proceedings, decisions, and orders on every appeal and peti-
tion under Article 7 of the Education Law. The proposed legislation

instead requires that the Commissioner file and maintain all such deci-
sions and orders, and papers and pleadings relating to such decisions
and orders, and retain and dispose of them in accordance with section
57.05 of the Arts and Cultural Affairs Law.

Section 2 is the effective date.

 
STATEMENT IN SUPPORT OF THE BILL:

The requirement that the Commissioner of Education keep, and make acces-
sible at all times, all proceedings, decisions, and orders on every
appeal and petition under Article 7 of the Education Law has resulted in
the State Education Department maintaining over 1,500 cubic feet of such
records at the New York State Archives and in the Department's Office of
Counsel dating from the 19th century to the present. In an effort to
reduce storage space and the cost of such storage, this bill would allow
the State Education Department to dispose of such records, where appro-
priate and in accordance with the provisions of Arts and Cultural
Affairs Law, making such disposition decisions transparent to the
public.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act would take effect immediately.

2025-S8368 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8368
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2025
                                ___________
 
 Introduced  by  Sen. BYNOE -- (at request of the State Education Depart-
   ment) -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 AN  ACT  to  amend  the  education law, in relation to the retention and
   disposition of state  education  commissioner  appeal  and  proceeding
   records

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 312 of the education law  is  amended  to  read  as
 follows:
   § 312. Filed papers and copies thereof.  The commissioner shall file[,
 arrange in the order of time,] and [keep in his office, so that they may
 be  at  all  times  accessible,]  MAINTAIN all the [proceedings on every
 appeal or petition to him under this article,  including  his  decision]
 DECISIONS  and  orders  [founded thereon] ON EVERY APPEAL OR PETITION TO
 SUCH COMMISSIONER UNDER THIS ARTICLE; and copies of all such [papers and
 proceedings] DECISIONS AND ORDERS, authenticated by [him]  SUCH  COMMIS-
 SIONER  under [his] THEIR seal of office, shall be evidence equally with
 the originals. THE COMMISSIONER SHALL ALSO FILE  AND  MAINTAIN  ALL  THE
 PAPERS  AND  PLEADINGS  UNDERLYING SUCH DECISIONS AND ORDERS. SUCH DECI-
 SIONS AND ORDERS AND PAPERS AND PLEADINGS SHALL BE RETAINED AND DISPOSED
 OF IN ACCORDANCE WITH SECTION 57.05 OF THE  ARTS  AND  CULTURAL  AFFAIRS
 LAW.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08191-01-5

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