Relates to the effect of mandates on school districts

4 Co-sponsors

• Kathleen A. Marchione
• Terrence P. Murphy
• Patty Ritchie
• Joseph E. Robach

BILL NUMBER:S2968

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 have 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

2013-2014: S.5043 Referred to Education.

2011-2012: S.1432 Referred to Education. 2009-2010: S.1252 Referred to Education. 2007-200B: S.5671 - Passed Senate.

Fiscal implications

None.

Effective date

Immediately.