Bill Text: NY A03907 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to legislative review of rules and regulations adopted by the board of regents that will increase school district costs.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-05-03 - held for consideration in higher education [A03907 Detail]
Download: New_York-2021-A03907-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3907 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. DeSTEFANO, SALKA -- Multi-Sponsored by -- M. of A. M. MILLER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the legislative power of the University of the State of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 207 of the education law is amended to read as 2 follows: 3 § 207. Legislative power. Subject and in conformity to the constitu- 4 tion and laws of the state, the regents shall exercise legislative func- 5 tions concerning the educational system of the state, determine its 6 educational policies, and, except, as to the judicial functions of the 7 commissioner [of education], establish rules for carrying into effect 8 the laws and policies of the state, relating to education, and the func- 9 tions, powers, duties and trusts conferred or charged upon the universi- 10 ty and the [education] department. But no enactment of the regents 11 shall modify in any degree the freedom of the governing body of any 12 seminary for the training of priests or clergymen to determine and regu- 13 late the entire course of religious, doctrinal or theological instruc- 14 tion to be given in such institution. No rule by which more than a 15 majority vote shall be required for any specified action by the regents 16 shall be amended, suspended or repealed by a smaller vote than that 17 required for action thereunder. Rules or regulations, or amendments or 18 repeals thereof, adopted or prescribed by the commissioner [of educa-19tion] as provided by law shall not be effective unless and until 20 approved by the regents, except where authority is conferred by the 21 regents upon the commissioner [of education] to adopt, prescribe, amend 22 or repeal such rules or regulations. Any rule or regulation adopted by 23 the regents, without the approval of the legislature, which has the 24 effect of increasing costs to any school district in the state, shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08194-01-1A. 3907 2 1 prohibited from taking effect until such time that state funding is 2 appropriated to all school districts affected by the rule or regulation, 3 covering all expenses related to the new rule or regulation. The board 4 may use any savings effectuated by the repeal or adoption of any current 5 rule or regulation to offset the cost associated with any new mandate 6 adopted by the board. Provided however, a new mandate may be imposed, 7 without legislative approval, and without state appropriation if: 8 (a) The mandate is provided at the option of the school district under 9 a regulation or rule that is permissive rather than mandatory; 10 (b) The mandate is required by Federal law or regulation and goes no 11 further than meeting the minimum standard as required by the Federal law 12 or regulation. 13 § 2. This act shall take effect immediately and shall also apply to 14 any and all rules or regulations adopted after such effective date. This 15 act shall further apply to any regulation adopted by the board of 16 regents prior to the effective date of this act, but not yet fully 17 implemented or effective.
