What's happening
This bill limits attorney fees paid by school districts in disciplinary proceedings, capping them at the rate of the highest paid district or county-employed attorney, unless a waiver is granted.
Why it matters
Limits potential legal costs for school districts. by capping what they can pay outside attorneys in disciplinary matters, which could help control school budgets and reduce the financial incentive to hire expensive private counsel.
Creates a new standard tied to public sector legal salaries. , ensuring private attorneys can’t be paid more per hour than the highest-paid full-time district or county attorney, which could encourage more transparency and parity in legal spending.
Allows for exceptions through a waiver process. if the district can demonstrate “good cause” to the state commissioner, introducing some flexibility while still requiring justification for higher rates.
May impact the availability or selection of legal representation. for school districts in complex disciplinary cases, as some private attorneys may be less willing to take cases at the capped rate, potentially affecting legal strategy and outcomes.
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Who cares
Headline styles
Cap School Lawyer Fees
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
528
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PERRY, BENEDETTO, 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, 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05264-01-9
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.