Bill Text: NY S00288 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides that the commissioner of education may also withhold from any district or city its share of the public money of the state for willfully disobeying any provision of law, or for such decisions, orders or regulations as aforesaid whose willful violation constitutes an immediate threat to the health, safety, education or welfare of students, employees or visitors at such common school, educational institution, school district or public school.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2025-01-08 - REFERRED TO EDUCATION [S00288 Detail]

Download: New_York-2025-S00288-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           288

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens. RHOADS, OBERACKER, PALUMBO, WEIK -- 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 restrictions on
          authority for the withholding of public monies from educational insti-
          tutions

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

     1    Section  1. Section 306 of the education law, subdivision 1 as amended
     2  by chapter 298 of the laws of 1957, is amended to read as follows:
     3    § 306. Removal of school officers; withholding public money. 1.  When-
     4  ever  it  shall  be proved to [his] the commissioner's satisfaction that
     5  any trustee, member of a board of education, clerk, collector,  treasur-
     6  er,  district  superintendent, superintendent of schools or other school
     7  officer is a member of an organization listed as subversive by the board
     8  of regents pursuant to the provisions of section three thousand  twenty-
     9  two  of  this  chapter,  or  has  been guilty of any wilful violation or
    10  neglect of duty under this chapter,  or  any  other  act  pertaining  to
    11  common  schools  or other educational institution participating in state
    12  funds, or wilfully disobeying any decision, order, rule or regulation of
    13  the regents or of the commissioner [of education], [said]  such  commis-
    14  sioner, after a hearing at which the school officer shall have the right
    15  of  representation  by  counsel, may, by an order under [his] their hand
    16  and seal, which order shall be recorded in [his]  their  office,  remove
    17  such school officer from [his] office.
    18    2.  [Said] Such commissioner [of education] may also withhold from any
    19  district or city its share of the public money of the state for wilfully
    20  disobeying any provision of law [or any decision, order or regulation as
    21  aforesaid], or for such decisions, orders or  regulations  as  aforesaid
    22  whose  willful  violation constitutes an immediate threat to the health,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01058-01-5
        S. 288                              2

     1  safety, education or welfare of students, employees or visitors at  such
     2  common  school,  educational  institution,  school  district  or  public
     3  school.
     4    § 2. This act shall take effect immediately.