Bill Text: NY S01747 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that the Board of Regents, the Commissioner of Education, and the Education Department shall have the responsibility to respond to the current COVID-19 pandemic, terminating certain Executive Orders issued by the Governor pursuant to section 29-a of the Executive Law, and provides for the procedure to be followed regarding future Executive Orders regarding elementary, secondary, post-secondary schools, State Universities, and other educational entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-28 - TO ATTORNEY-GENERAL FOR OPINION [S01747 Detail]

Download: New_York-2021-S01747-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1747

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

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

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        providing that the Board of Regents, the Commissioner of Education,  and
          the  Education  Department shall have the responsibility to respond to
          the current COVID-19 pandemic, terminating  certain  Executive  Orders
          issued  by the Governor pursuant to section 29-a of the Executive Law,
          and providing for the procedure to be followed regarding future Execu-
          tive Orders regarding elementary, secondary,  post-secondary  schools,
          State Universities, and other educational entities

     1    WHEREAS,  the  New  York State Board of Regents is responsible for the
     2  general supervision of all educational activities in the  State  of  New
     3  York  including  all  elementary,  secondary, and post-secondary schools
     4  pursuant to Article XI, Section 2 of the New  York  State  Constitution;
     5  and
     6    WHEREAS, the New York State Board of Regents appoints the Commissioner
     7  of Education to be the chief administrative officer of the Department of
     8  Education pursuant to Article V, Section 4 of the New York State Consti-
     9  tution; and
    10    WHEREAS, the Commissioner of Education is the "chief executive officer
    11  of  the  state  system  of  education,"  has "general supervision of all
    12  schools and institutions ... related to education," and has the  respon-
    13  sibility  to  "advise and guide the school officers of all districts and
    14  cities of the State in relation to their duties and the general  manage-
    15  ment  of the schools under their control" pursuant to section 305 of the
    16  Education Law; and
    17    WHEREAS, elected local school boards throughout New York State and the
    18  Mayor in the City of  New  York  are  charged  with  the  administrative
    19  responsibility  for  managing  and operating individual school districts
    20  consistent with the guidance and direction  provided  by  the  Board  of
    21  Regents,  the  Commissioner  of Education, and the Education Department;
    22  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89057-01-1
        S. 1747                             2

     1    WHEREAS, the Governor was given the authority  pursuant  to  Executive
     2  Law  section  29-a  by  Executive Order to temporarily suspend any laws,
     3  ordinances, rules or regulations  during  a  State  disaster  emergency,
     4  provided  that any such action by subject to the State Constitution, and
     5  further  subject  to the requirement that "when practicable, specialists
     6  shall be assigned to assist with the related emergency actions to  avoid
     7  needless adverse effects resulting from such suspensions,"; and
     8    WHEREAS,  the Board of Regents, the Commissioner of Education, and the
     9  Education Department, consistent with their independent role  under  the
    10  State Constitution and their cadre of specialists, should assert primary
    11  responsibility,  subject  to duly enacted legislation, for responding to
    12  the current COVID-19 pandemic, including deciding when  and  under  what
    13  conditions local schools should reopen; and
    14    WHEREAS,  the  State  Legislature  has  the  authority to terminate by
    15  concurrent resolution Executive Orders issued under section 29-a of  the
    16  Executive Law; now, therefore, be it
    17    RESOLVED,  (if  the  Assembly  concur)  that the Board of Regents, the
    18  Commissioner of Education, and the Education Department shall  have  the
    19  responsibility,  subject  to duly enacted legislation, to respond to the
    20  current COVID-19 pandemic, including deciding when and under what condi-
    21  tions elementary, secondary, post-secondary schools, State Universities,
    22  and other educational entities  subject  to  their  jurisdiction  should
    23  reopen and operate; and be it further
    24    RESOLVED, (if the Assembly concur) that any Executive Orders issued by
    25  the  Governor  that are inconsistent in any manner with the decisions of
    26  the Board of Regents, the Commissioner of Education, and  the  Education
    27  Department  regarding  elementary,  secondary,  post-secondary  schools,
    28  State Universities, and other  educational  entities  subject  to  their
    29  jurisdiction are hereby terminated; and be it further
    30    RESOLVED,  (if the Assembly concur) that the Governor shall retain the
    31  authority to issue Executive  Orders  regarding  elementary,  secondary,
    32  post-secondary  schools, State Universities, and other educational enti-
    33  ties subject to the jurisdiction of the Board of  Regents,  the  Commis-
    34  sioner of Education, and the Education Department to the extent that the
    35  Governor is requested in writing by the Board of Regents to exercise the
    36  authority  to  suspend  temporarily specific laws, rules, or regulations
    37  during a declared state of emergency for a period not to exceed 30 days;
    38  and be it further
    39    RESOLVED, (if the Assembly concur) that a copy of any request  by  the
    40  Board  of  Regents  to  the Governor to exercise any emergency authority
    41  shall be simultaneously sent to the temporary President of  the  Senate,
    42  the  Minority  Leader  of  the  Senate, the Speaker of the Assembly, the
    43  Minority Leader of the Assembly, and the chairs and ranking  members  of
    44  the Senate and Assembly education committees.