Bill S7463-2009

Extends effectiveness of chapter 425 of 2002 and chapter 101 of 2003

Extends effectiveness of chapter 425 of 2002 and chapter 101 of 2003, amending the education law, relating to the suspension of pupils who bring a firearm to or possess a firearm at a school and the implementation of the No Child Left Behind Act of 2001.

Details

Actions

  • Jun 24, 2010: referred to education
  • Jun 24, 2010: DELIVERED TO ASSEMBLY
  • Jun 24, 2010: PASSED SENATE
  • Jun 23, 2010: ORDERED TO THIRD READING CAL.1143
  • Jun 15, 2010: REPORTED AND COMMITTED TO RULES
  • May 25, 2010: REPORTED AND COMMITTED TO FINANCE
  • Apr 13, 2010: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - May 25, 2010
Ayes (17): Oppenheimer, Montgomery, Breslin, Johnson C, Espada, Squadron, Stavisky, Huntley, Addabbo, Foley, Flanagan, Saland, LaValle, Seward, Marcellino, Little, Padavan
Absent (1): Serrano
Excused (1): Morahan
VOTE: COMMITTEE VOTE: - Rules - Jun 23, 2010
Ayes (21): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Johnson O, Padavan, Volker, Farley, LaValle, Seward, Larkin, Saland
Ayes W/R (1): Skelos
Absent (1): Hannon

Memo

 BILL NUMBER:  S7463

TITLE OF BILL : An act to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school and to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the effectiveness thereof

PURPOSE OF THE BILL : To keep New York in compliance with the No Child Left Behind Act of 2001 (Public Law 107-110), which amended the Elementary and Secondary Education Act of 1965 (20 U.S.C.A § 6301, et. seq), by extending the effectiveness of the provisions of the Education Law enacted to comply with such federal law by one additional year.

SUMMARY OF PROVISIONS OF THE BILL : Section 1 of the bill would amend § 4 of Chapter 425 of the Laws of 2002 to extend the effectiveness of the provisions of such act relating to supplemental educational services, unsafe school choice and compliance with the Gun Free Schools Act until June 30, 2011.

Section 2 of the bill would amend § 5 of Chapter 101 of the Laws of 2003 to extend the effectiveness of the provisions of such act relating to the education of homeless children and the transfer of student disciplinary records until June 30, 2011.

Section 3 of the bill would be the effective date.

STATEMENT IN SUPPORT OF THE BILL : The Legislature in 2002 enacted interim legislation, Chapter 425 of the Laws of 2002, to enable the Department to provide the United States Department of Education (USED) with the assurances of compliance required to secure Title I funds and other federal funding under the No Child Left Behind Act (NCLB). These federal funds, which total in excess of $1.76 billion annually, including more than $1.2 billion in funding under Title I, Part A, are critical to the ability of school districts and Title I charter schools with concentrations of students in poverty to meet state academic performance standards. Chapter 425 made amendments to state law that were needed immediately to provide the Commissioner of Education with the authority to implement key provisions of the NCLB, relating to: providing supplemental educational services to students in schools receiving Title I funds that have been identified as schools in need of improvement (SINI) for more than one year, providing school choice to students who are victims of a violent criminal offense or attend a school identified as persistently dangerous, and implementing the provisions of the Gun Free Schools Act that generally require a minimum 1-year suspension and referral to the criminal justice system of students who bring a firearm to school.

Chapter 101 of the Laws of 2003 extended the provisions of Chapter 425 until June 30, 2005, and made additional amendments to state law relating to implementation of the NCLB that would also sunset on June 30, 2005. Chapter 129 of the Laws of 2005 extended the effectiveness of the provisions of both Chapter 425 and Chapter 101 by one year, until June 30, 2006. The provisions of both chapters subsequently have been extended by Chapter 153 of the Laws of 2006, Chapter 220 of the Laws of 2007, Chapter 126 of the Laws of 2008 and Chapter 158 of the Laws of 2009, and would expire and be deemed repealed on June 30, 2010.

Chapter 101 conformed the definition of "homeless child" in paragraph a of subdivision 1 of section 3209 of the Education Law to the definition of "homeless children and youths" contained in section 725(2) of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (42 U.S.C. §§ 11431, et. seq.), as amended in Title X of the NCLB. Chapter 101 also added a new subdivision 2-a to section 3209 of the Education Law relating to the requirement that each local educational agency designate a local educational agency liaison for homeless children and otherwise comply with the applicable provisions of § 722(g)(3)-(7) of the McKinney-Vento Assistance Act (42 U.S.C. 11432(g)(3)-(7)) relating to the immediate enrollment of homeless children, records of homeless children, dispute resolution procedures and comparable services and coordination of services for homeless children. Finally, Chapter 101 added a new subdivision 7 to § 3214 of the Education Law to comply with the requirement of section 4155 of the NCLB that states have a procedure in place to facilitate the transfer of disciplinary records (suspensions and expulsions) to any public or private elementary or secondary school in which the student enrolls, or seeks, intends or is instructed to enroll on a full-time or part-time basis.

If the provisions of Chapter 425 of the Laws of 2002 and Chapter 101 of the Laws of 2003 were allowed to expire, the provisions of state law needed to fully comply with Title I and Title IV of the NCLB and the McKinney-Vento Homeless Education Assistance Improvements Act would no longer be in place. Since certain of these requirements, such as those in the Gun Free Schools Act, unsafe school choice and the transfer of disciplinary records, are imposed as a condition of receiving all funds under the NCLB, a lapse in these statutes would place all of New York's ESEA fimds at risk of a federal disallowance. ESEA funds, particularly Title I, are of critical importance to school districts with concentrations of children in poverty, such as the Big Five city school districts. The flow of these funds cannot be allowed to be disrupted. A lapse in the provisions of New York law needed to implement the McKinney-Vento Act relating to the education of homeless children would expose the state to liability in federal court. The State Education Department has submitted separate legislation amending Education Law §3209 relating to the education of homeless children, but it is imperative that the amendments made by Chapter 101 of the Laws of 2003 remain in effect, as proposed in this bill.

The provisions of Chapter 425 of the Laws of 2002 and Chapter 101 of the Laws of 2003 have now been extended several times, most recently by Chapter 158 of the Laws of 2009. At this juncture, an extension of the provisions of state law implementing the NCLB is appropriate, rather than legislation to make such provisions permanent. The Obama administration has issued a proposal to reauthorize NCLB, which Congress has yet to consider. Actual reauthorization may not occur until 2011 or after. When the NCLB is reauthorized, conforming amendments may be needed in state law that can be proposed as permanent law.

BUDGETARY IMPLICATIONS OF THE BILL : The bill would not result in any additional costs to the state or to school districts. Enactment of this bill is necessary to preserve New York's funding under the Elementary and Secondary Education Act of 1965, as amended, which totals approximately $1.76 billion annually.

PRIOR LEGISLATIVE HISTORY : None. This is a new proposal.

EFFECTIVE DATE : The bill would take effect immediately, except that if this act becomes a law on or after June 30, 2010 it would take effect immediately and be deemed to have been in full force and effect on and after June 30, 2010.

Text

STATE OF NEW YORK ________________________________________________________________________ 7463 IN SENATE April 13, 2010 ___________
Introduced by Sen. OPPENHEIMER -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school and to amend chap- ter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as amended by chapter 158 of the laws of 2009, is amended to read as follows: S 4. This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, [2010] 2011. S 2. Section 5 of chapter 101 of the laws of 2003, amending the educa- tion law relating to implementation of the No Child Left Behind Act of 2001, as amended by chapter 158 of the laws of 2009, is amended to read as follows: S 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2010] 2011. S 3. This act shall take effect immediately, except that if this act shall have become a law on or after June 30, 2010, this act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 30, 2010.

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