Bill Text: NY A03907 | 2021-2022 | General Assembly | Introduced

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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

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                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    16  shall  be  amended,  suspended  or  repealed by a smaller vote than that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-
    19  tion] 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.
                                                                   LBD08194-01-1
        A. 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.