Senate Bill S2521

2009-2010 Legislative Session

Provides that regulatory mandates imposed upon a school district shall not take effect until the subsequent school year

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2009-S2521 (ACTIVE) - Details

See Assembly Version of this Bill:
A6383
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง308-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1707
2013-2014: A1706
2015-2016: A1317
2017-2018: A855

2009-S2521 (ACTIVE) - Summary

Provides that regulatory mandates imposed upon a school district shall not take effect until the subsequent school year.

2009-S2521 (ACTIVE) - Sponsor Memo

2009-S2521 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2521

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced by Sens. LAVALLE, O. JOHNSON -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to regulatory mandates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  308-a
to read as follows:
  S  308-A. REGULATORY MANDATES. 1. AS USED IN THIS SECTION, "REGULATORY
MANDATE" MEANS ANY RULE, REGULATION, ORDER, OR  ADMINISTRATIVE  GUIDANCE
BY  THE BOARD OF REGENTS, COMMISSIONER, OR AN EMPLOYEE OF THE DEPARTMENT
THAT REQUIRES A SCHOOL DISTRICT TO CREATE  A  NEW  PROGRAM,  REQUIRES  A
HIGHER  LEVEL OF SERVICE FOR AN EXISTING PROGRAM, OR ALTERS A PROGRAM OR
A SERVICE IN A MANNER THAT INCREASES THE OPERATIONAL COST  TO  A  SCHOOL
DISTRICT.
  2.   IN THE EVENT THAT A REGULATORY MANDATE THAT IMPOSES A COST UPON A
SCHOOL DISTRICT AND IS ACTED UPON OR PROMULGATED BY THE REGENTS, COMMIS-
SIONER, OR AN EMPLOYEE OF THE DEPARTMENT AFTER THE ADOPTION OF A  SCHOOL
BUDGET,  SUCH  REGULATORY MANDATE SHALL NOT TAKE EFFECT UNTIL THE SUBSE-
QUENT SCHOOL YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION  TWO  OF  THIS  SECTION,  A  REGULATORY
MANDATE MAY BE IMPOSED IF:
  (A)  THE  REGULATORY  MANDATE  IS PROVIDED AT THE OPTION OF THE SCHOOL
DISTRICT UNDER A REGULATION, RULE,  ORDER,  OR  ADMINISTRATIVE  GUIDANCE
THAT IS PERMISSIVE RATHER THAN MANDATORY;
  (B)  THE  REGULATORY MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECU-
TIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE REGULATORY MANDATE IS REQUIRED BY STATUTE OR  EXECUTIVE  ORDER
THAT  IMPLEMENTS  A  FEDERAL  LAW  OR  REGULATION AND RESULTS FROM COSTS
MANDATED BY THE FEDERAL GOVERNMENT TO  BE  BORNE  AT  THE  LOCAL  LEVEL,
UNLESS  THE  STATUTE  OR  EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE
COSTS MANDATED BY THE FEDERAL GOVERNMENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.