 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1645
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        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 Assem-
        bly, do enact as follows:

     1    Section 1. Section 3020-a of the education law is amended by adding  a
     2  new subdivision 6 to read as follows:
     3    6.  Attorney's  fees.  Notwithstanding  any  laws to the contrary, any
     4  private attorney retained or otherwise employed by a school district  to
     5  represent  the  school  district  in  any  proceedings  pursuant to this
     6  section shall be paid an hourly rate not to exceed the hourly rate  paid
     7  to  the  highest  paid attorney or legal officer employed as a full-time
     8  employee by the school district. In the event that the  school  district
     9  does  not  employ a full-time attorney or legal officer, the hourly rate
    10  of the highest paid attorney or legal officer employed  as  a  full-time
    11  employee  by  the  county  or  counties  in which the school district is
    12  located shall not be exceeded. For the purposes of this subdivision, the
    13  hourly rate shall be computed by dividing annual salary of the  attorney
    14  or legal officer by the total number of hours that the attorney or legal
    15  officer  is  required  by  law  or  contractual agreement to work in any
    16  calendar year. Provided, however, that if the school district desires to
    17  provide for a compensation greater  than  what  is  authorized  by  this
    18  subdivision, the school district may seek a waiver from the requirements
    19  of this subdivision from the commissioner, upon good cause shown.
    20    §  2.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2021.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04987-01-1
Relates to attorney's fees for disciplinary proceedings

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