What's happening
This bill limits the hourly rate school districts can pay private attorneys in disciplinary proceedings, unless a waiver is granted.
Why it matters
Limits public spending on legal fees. By capping the hourly rate for private attorneys in school disciplinary proceedings, the bill aims to prevent school districts from overspending public funds on outside legal help, potentially freeing up resources for direct educational use.
Promotes equity among school districts. Tying the allowable hourly rate to what full-time district or county-employed attorneys earn prevents wealthier districts from outbidding others for high-priced legal representation, supporting a more level playing field statewide.
Introduces oversight and flexibility. The waiver provision allows districts to request higher rates under special circumstances, ensuring that districts with unique needs or complex cases can still access appropriate legal expertise if justified.
Increases transparency and accountability. By establishing a clear formula for calculating permissible attorney compensation and requiring state approval for exceptions, the bill encourages more consistent and justifiable spending practices within school governance.
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Who cares
Headline styles
Cap Legal Fees for Schools
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Held for consideration in education
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
756
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PERRY, BENEDETTO, SIMANOWITZ, PAULIN -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to attorney's fees for disciplinary proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3020-a of the education law is amended by adding a new subdivision 6 to read as follows:
6. Attorney's fees. Notwithstanding any laws to the contrary, any private attorney retained or otherwise employed by a school district to represent the school district in any proceedings pursuant to this section shall be paid an hourly rate not to exceed the hourly rate paid to the highest paid attorney or legal officer employed as a full-time employee by the school district. In the event that the school district does not employ a full-time attorney or legal officer, the hourly rate of the highest paid attorney or legal officer employed as a full-time employee by the county or counties in which the school district is located shall not be exceeded. For the purposes of this subdivision, the hourly rate shall be computed by dividing annual salary of the attorney or legal officer by the total number of hours that the attorney or legal officer is required by law or contractual agreement to work in any calendar year. Provided, however, that if the school district desires to provide for a compensation greater than what is authorized by this subdivision, the school district may seek a waiver from the requirements of this subdivision from the commissioner, upon good cause shown.
§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2017.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06431-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.