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S146Senate2019-2020 Session

Withhold Funds for Unsafe Schools

Official title

“Authorizes the commissioner of education to withhold apportionment and grants from private schools under certain circumstances”

Sponsor David CarlucciSD-38Affects Education
Status
In Senate Committee
Education
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Education

What's happening

This bill authorizes the education commissioner to withhold state funds from private schools that fail to timely file or correct annual fire safety reports.

Why it matters

  1. Creates strong financial incentives for private schools to prioritize timely fire safety reporting and correction of violations, directly tying state funding and grants to compliance.

  2. May enhance student and staff safety in private schools by increasing accountability and ensuring that fire safety standards are regularly met and maintained.

  3. Could result in the temporary loss of critical funding for noncompliant private schools, potentially impacting their operations, programs, or services until they resolve outstanding safety issues.

  4. Places additional administrative responsibility on the education commissioner to monitor compliance and enforce funding consequences, which may increase oversight and regulatory actions for private institutions.

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Who cares

Headline styles

Withhold Funds for Unsafe Schools

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to education
  2. Referred to education

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

146

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to authorizing the commissioner of education to withhold apportionment and grants from private schools that do not file a recent fire safety report in a timely manner

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 6 of section 807-a of the education law, as amended by chapter 165 of the laws of 2006, is amended to read as follows:

6. It shall be the duty of the commissioner to ascertain annually whether the inspections of school buildings required by this section have been made and the reports of the inspection have been filed in their respective offices. The commissioner shall review the reports of inspection filed pursuant to this section and may make recommendations to the school authorities with respect to any problems relating to school fire safety noted in such reports. The commissioner shall require a re-inspection of school buildings where a report of inspection identified violations that, if uncorrected, would cause the department to deny an annual certificate of occupancy to such school building, and shall require additional re-inspections until it is demonstrated to the satisfaction of the commissioner that said violations have been corrected. The commissioner may inspect or cause to be inspected at any reasonable time for fire prevention and fire protection purposes the school buildings required to be inspected by this section. It shall be the duty of the commissioner to withhold any apportionment pursuant to section five hundred fifty-one of this title and any grant of mandated services aid to any private school which has failed to file an annual fire safety report by the sixteenth of December each year, or which has not

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05324-01-9

S. 146 2

corrected violations identified in such report to the satisfaction of the commissioner. No such apportionment or grant shall be released until the commissioner has determined that the private school has fully complied with this subdivision.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the education law, in relation to authorizing the commissioner of education to withhold apportionment and grants from private schools that do not file a recent fire safety report in a timely manner

Purpose

The bill will provide an enforcement mechanism for the State Education Department in order to ensure that the fire safety report requirement is complied with.

Summary of provisions

Section one of the bill amends subdivision 6 of section 807-a of the education law as it relates to withholding of apportionment to any private school which has failed to file a fire safety report in a timely manner or has corrected violations in the report to the satisfaction of the commissioner.

Section two of the bill relates to the effective date.

Justification

Current law requires schools to submit an annual fire safety report which includes an inspection of school buildings by a fire inspector. There is no penalty for schools who fail to submit an annual fire safety report in a timely manner or at all. Upon a request to the State Educa- tion Department for a school's fire safety report found at least one private school has never submitted the required annually report. This bill requires the commissioner of education to withhold any apportion- ment due to a private school that has failed to submit this important safety requirement. This will provide the State Education Department with the necessary enforcement mechanism to ensure compliance with this requirement and the safety of school buildings.

Legislative history

2017-18: S1734 - EDUCATION 2015-16: S6067/A2847 - education/education

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.