BILL NUMBER:S1432

TITLE OF BILL:

An act
to amend the education law, in relation to the effect of mandates on
school districts

PURPOSE:

This bill would require that any state mandate imposing a cost upon a
school district may not be imposed after the adoption of a school
budget. This provision allows school districts to plan for and
incorporate a new state imposed mandate in their upcoming school
budget.

SUMMARY OF PROVISIONS:

Section one amends the education law by adding a new section 308-a
which defines mandates and prohibits implementation of unfunded
mandates during a school fiscal year in which a budget has already
been adopted. Allows implementation of a new mandate which imposes
costs on school districts in the following school fiscal year.

Section two provides that the act shall become effective immediately.

              

JUSTIFICATION:

Over the last several years, the State Legislature has been
particularly sensitive to school districts' concerns regarding the
imposition of unfunded state mandates, however, the federal
government and the State Education Department continue to impose new
fiscal requirements on public schools without regard to their ability
to plan for the fiscal implications. Without adequate funding and
time to plan for unforeseen costs, school districts have, at times,
been forced to reduce programs, services and personnel to contend
with new unfunded mandates imposed by the state.

In December 2006, the State Education Department directed all public
school districts to provide students taking mandated state math exams
with graphing and/or scientific calculators to the extent that such
calculators are a necessary part of the educational program.
Specifically, school
districts were informed by the State Education Department that the
calculators must be provided to students when required in order to
complete mandated State math and science assessments and course work.
This particular regulation imposed a cost of roughly $100 million
statewide. Some school districts reported spending in excess of
$100,000 on graphing and scientific calculators to fulfill this
unforeseen requirement.

In order to ensure that school districts and taxpayers do not bave to
contend with costly new mandates once a school budget has been
adopted, this legislation provides schools with the time to adjust
and plan for any new state mandates imposing a cost on a school
district.


LEGISLATIVE HISTORY:

2009-2010: S.1252 - Referred to Education.
2007-2008: S.5671 -- Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.