S T A T E O F N E W Y O R K ________________________________________________________________________ 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.