S1432-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to education
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.850
• Apr 12, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 7, 2011: REFERRED TO EDUCATION

S1432-2011 Meetings

S1432-2011 Calendars

S1432-2011 Votes

S1432-2011 Memo

BILL NUMBER:S1432

TITLE OF BILL:

An act
to amend the education law, in relation to the effect of mandates on
school districts

PURPOSE:

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.

JUSTIFICATION:

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.


LEGISLATIVE HISTORY:

2009-2010: S.1252 - Referred to Education.
2007-2008: S.5671 -- Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S1432-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1432
 2011-2012 Regular Sessions
 I N  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

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!