Establishes an office of education legal services within the department of law which shall provide all legal services to school districts except for school districts in the cities of New York, Albany, Buffalo, Rochester, Syracuse and Yonkers.
TITLE OF BILL: 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
PURPOSE: To create an office of education legal services to eliminate the use of outside and private legal counsel by school districts.
SUMMARY OF PROVISIONS: The executive law is amended by adding a new section 75 to allow the creation of the State Office of Education Legal Services, which would be created under the State Attorney-General's Office. The new office will provide all legal services to the state's school districts, with the exception of the districts of Albany, Buffalo, Rochester, Syracuse, and New York City.
JUSTIFICATION: A state run education legal service would eliminate the occurrence of abuses by school hired outside legal counsel. These abuses, which have come to light increasingly in recent years, have deprived taxpayers of an efficiently run system, as well as an unnecessary cut of their income. This new office for legal services would not only ease property taxes, but it would also increase the effectiveness and uniformity of the scholastic legal system. The creation of the four regional offices proposed by this bill will further this efficiency by being more closely tuned to the differences in the state's demographics.
LEGISLATIVE HISTORY: 2009-10: S.1177 2007-08: S.7820
FISCAL IMPLICATIONS: All expenses of this office shall be a state charge.
EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the office of higher education legal services shall be established effective July 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 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: Section 1. The executive law is amended by adding a new section 75 to read as follows: S 75. OFFICE OF EDUCATION LEGAL SERVICES. 1. THERE SHALL BE ESTAB- LISHED WITHIN THE DEPARTMENT OF LAW A STATEWIDE OFFICE OF EDUCATION LEGAL SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION, SHALL HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL DISTRICTS OF THIS STATE CREATED PURSUANT TO THE EDUCATION LAW, AS FURTHER DEFINED IN THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, "SCHOOL DISTRICT" SHALL MEAN ALL SCHOOL DISTRICTS OF THE STATE EXCEPT FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES- TER, SYRACUSE AND YONKERS. 2. NOTWITHSTANDING ANY PROVISION OF LAW, THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE, A DEPUTY ATTORNEY GENERAL IN CHARGE OF THE OFFICE OF EDUCATION LEGALEXPLANATION--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
SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES AND SUCH OTHER PERSONS AS HE OR SHE DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION. 3. ALL APPOINTMENTS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION. 4. THE ATTORNEY GENERAL SHALL ESTABLISH REGIONAL OFFICES IN LONG ISLAND, HUDSON/CAPITAL DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED IN THIS SECTION. 5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE. 6. ALL SCHOOL DISTRICTS SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL ALSO BE PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES. S 2. This act shall take effect immediately; provided, however, that the office of education legal services shall be established effective July 1, 2012.