Relates to legislative review of rules and regulations adopted by the board of regents that will increase school district costs

9 Co-sponsors

• John A. DeFrancisco
• Rich Funke
• Kemp Hannon
• Jack M. Martins
• Terrence P. Murphy
• Robert Ortt
• Michael H. Ranzenhofer
• Patty Ritchie
• Susan Serino

BILL NUMBER:S3499

Title of bill

An act to amend the education law, in relation to the legislative power of the University of the State of New York

Purpose

This bill prohibits the Board of Regents from adopting any rules or regulations that are an unfunded mandate on any school district without legislative approval.

Summary of provisions

Section one amends section 207 of the Education Law, relating to the legislative powers of the Board of Regents, by prohibiting the adoption of any rule or regulation which has the effect of increasing costs to any school district in the state unless: 1) The legislature has directed the board of regents to adopt the regulation or rule; 2) The board of regents secures funding for the regulation or rule; 3)The board of regents effectuates district savings in an equal or greater amount through the repeal or adoption of another rule or regulation; 4)The mandate is at the option of the school district; or 5) The mandate is required by Federal law or regulation and goes no further then meeting the minimum standard as required by the Federal law or regulation.

Justification

The Board of Regents has the power to promulgate rules and regulations relating to education policy in New York state. Too often, the Board mandates expensive state wide requirements, forcing local taxpayers and school districts to absorb the costs of these programs, of which they have no control. Since the enactment of the tax cap, which limits the ability of a school district to raise taxes from year to year, these unfunded mandates have become even more difficult for a district to absorb. In light of the tax cap, and the philosophy that local communities should have a voice in the allocation of the limited resources available to schools, this bill prohibits the board of regents from adopting any new mandatory unfunded mandates unless the mandate is approved by the legislature, is required by federal law, or the cost of the new unfunded mandate is off-set by the repeal or adoption of another rule or regulation by the board of regents which results in a cost saving of greater or equal value.

Legislative history

New bill

Fiscal implications

None to the state

Effective date

This act shall take effect immediately and shall apply to any and all rules or regulations adopted after such effective date. This act shall also apply to any rule ore regulation previously adopted by the board of regents, but not fully implemented or effective as of the effective date of this act.