S T A T E   O F   N E W   Y O R K
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           S. 813--A                                              A. 510--A

                              2011-2012 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed to be committed to the Committee on Finance --
         recommitted to the Committee on Finance in accordance with Senate Rule
         6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee

       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Judiciary -- recommitted to the Committee on Judi-
         ciary in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT  to amend the executive law, in relation to the establishment of
         an office of education legal services in  the  department  of  law  to
         provide all legal services to certain school districts

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The executive law is amended by adding a new section 75  to
    2  read as follows:
    3    S  75.  OFFICE  OF  EDUCATION LEGAL SERVICES. 1. THERE SHALL BE ESTAB-
    4  LISHED WITHIN THE DEPARTMENT OF LAW  A  STATEWIDE  OFFICE  OF  EDUCATION
    5  LEGAL  SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION, SHALL
    6  HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
    7  DISTRICTS OF THIS STATE  CREATED  PURSUANT  TO  THE  EDUCATION  LAW,  AS
    8  FURTHER  DEFINED  IN THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION,
    9  "SCHOOL DISTRICT" SHALL MEAN ALL SCHOOL DISTRICTS OF  THE  STATE  EXCEPT
   10  FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES-
   11  TER, SYRACUSE AND YONKERS.
   12    2.  NOTWITHSTANDING  ANY  PROVISION OF LAW, THE ATTORNEY GENERAL SHALL
   13  APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
   14  A DEPUTY ATTORNEY GENERAL IN CHARGE OF THE  OFFICE  OF  EDUCATION  LEGAL

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03732-03-2

 S. 813--A                           2                          A. 510--A

    1  SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
    2  REMOVE,  SUCH  ASSISTANT  DEPUTIES  AND  SUCH OTHER PERSONS AS HE OR SHE
    3  DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
    4    3.  ALL  APPOINTMENTS  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
    5  SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.
    6    4. THE ATTORNEY GENERAL  SHALL  ESTABLISH  REGIONAL  OFFICES  IN  LONG
    7  ISLAND,  HUDSON/CAPITAL  DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
    8  IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED  IN
    9  THIS SECTION.
   10    5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
   11    6.  ALL  SCHOOL  DISTRICTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION
   12  SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL  ALSO  BE
   13  PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
   14    S  2.  This act shall take effect immediately; provided, however, that
   15  the office of education legal services shall  be  established  effective
   16  July 1, 2012.