Provides that state mandates shall not be implemented in school districts after such district has passed a budget, any such mandates shall be implemented in the following fiscal year.
Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Oppenheimer
Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Gianaris, Kruger, Montgomery, Oppenheimer, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (2): Duane, Peralta
Nays (1): Parker
Ayes (50): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Nozzolio, O'Mara, Oppenheimer, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Absent (11): Adams, Espaillat, Hassell-Thomps, Huntley, Krueger, Kruger, McDonald, Montgomery, Parker, Peralta, Perkins
TITLE OF BILL:
An act to amend the education law, in relation to the effect of mandates on school districts
This bill would require that any state mandate imposing a cost upon a school district may not be imposed after the adoption of a school budget. This provision allows school districts to plan for and incorporate a new state imposed mandate in their upcoming school budget.
SUMMARY OF PROVISIONS:
Section one amends the education law by adding a new section 308-a which defines mandates and prohibits implementation of unfunded mandates during a school fiscal year in which a budget has already been adopted. Allows implementation of a new mandate which imposes costs on school districts in the following school fiscal year.
Section two provides that the act shall become effective immediately.
Over the last several years, the State Legislature has been particularly sensitive to school districts' concerns regarding the imposition of unfunded state mandates, however, the federal government and the State Education Department continue to impose new fiscal requirements on public schools without regard to their ability to plan for the fiscal implications. Without adequate funding and time to plan for unforeseen costs, school districts have, at times, been forced to reduce programs, services and personnel to contend with new unfunded mandates imposed by the state.
In December 2006, the State Education Department directed all public school districts to provide students taking mandated state math exams with graphing and/or scientific calculators to the extent that such calculators are a necessary part of the educational program. Specifically, school districts were informed by the State Education Department that the calculators must be provided to students when required in order to complete mandated State math and science assessments and course work. This particular regulation imposed a cost of roughly $100 million statewide. Some school districts reported spending in excess of $100,000 on graphing and scientific calculators to fulfill this unforeseen requirement.
In order to ensure that school districts and taxpayers do not bave to contend with costly new mandates once a school budget has been adopted, this legislation provides schools with the time to adjust and plan for any new state mandates imposing a cost on a school district.
2009-2010: S.1252 - Referred to Education. 2007-2008: S.5671 -- Passed Senate.
STATE OF NEW YORK ________________________________________________________________________ 1432 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sens. SALAND, DeFRANCISCO, HANNON, JOHNSON, LARKIN, LITTLE, RANZENHOFER, SEWARD -- 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 the effect of mandates on school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 308-a to read as follows: S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS USED IN THIS SECTION, "MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR (B) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE. 2. IN THE EVENT THAT A MANDATE WHICH IMPOSES A COST UPON A SCHOOL DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE SHALL NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED. 3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN BE IMPOSED IF: (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO- RY; (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE- MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE COSTS MANDATED BY THE FEDERAL GOVERNMENT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03601-01-1