Relates to the annual apportionment of public monies to vocational education and extension boards

BILL NUMBER:S8429

Title of bill

An act to amend the education law, in relation to annual apportionment of public monies to vocational education and extension boards

Purpose or general idea of bill

To repeal the change to S.1104 of the education law, which was proposed in the Governor's Executive Budget and adopted in budget bill S.6607. The omission of the newly adopted language will reflect the Supreme Court Decision that the calculations in Section 1104 were the correct way to determine the amount of State Aid to be awarded to the VEEB. A repeal will award the VEEB monies owed and will reinstate the formula originally used to determine levels of aid, for the purpose of funding training programs to educate volunteer firefighters in Suffolk County.

Summary of specific provisions

Subdivision 1 of section 1104 of the education law is amended.

Effects of present law which this bill would alter

The changes presented in the Governor's Executive Budget and adopted in the 2010-11 State Budget modifies Section 1104 of the Education Law, denying payment of the owed funds to the VEEB and greatly reduces future aid payments to Suffolk County Fire Academy.

Justification

The Suffolk County Fire Academy was established over 60 years ago under the New York State Education Department to help train and educate fire fighters. Education Law Section 1104 clearly delineates how Vocational Education and Extension Boards (VEEB), like the Fire Academy, are to be reimbursed. However, on January 28, 2008, the Fire Academy received a letter from the NYSED notifying them that during the 06-07 aid year, they were overpaid, due to a calculation error by the Education Depart- ment. The Education Department deducted the overpayment from their FY 08-09 aid. The County of Suffolk, on behalf of the VEEB, filed a lawsuit against the NYSED in 2008 in order to recover the lost funding. The County lost the original lawsuit, but appealed the decision to the State Supreme Court. It was affirmed by the Appellate Division of the State Supreme Court on December 24, 2009 (ref. 507581) that the NYSED was to return these funds to the VEEB and confirmed that the calcu- lations in Section 1104 were correct to determine the amount of state aid allotted to the VEEB, stating" (SED's) calculations were based upon a strained interpretation of the statutory language". Budget bill (S.6607/A.9707) amended § 1104 of the Education Law, which will effec- tively deny payment of the owed funds to the VEEB and greatly reduce future aid payments to Suffolk County's Fire Academies. The reduction in State Aid will greatly hinder Suffolk County's ability to serve our community and provide the level of training our volunteers rightly deserve.

This legislation will allow Suffolk County Fire Academy to receive the full amount of aid funding it was scheduled to receive, dictated by the Appellate Division of the State Supreme Court, and revoke the amendment of § 1104 of the Education Law. At a time when fire departments are struggling to recruit and retain volunteers, we cannot afford to make reductions in fire and safety training.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the same date and in the same manner as section 3-a of part A of a chapter of the laws of 2010.