S T A T E O F N E W Y O R K
________________________________________________________________________
4986
2011-2012 Regular Sessions
I N S E N A T E
May 2, 2011
___________
Introduced by Sen. LAVALLE -- 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 enacting the "truth in
voting act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds that the
decisions and determinations of our school districts impact not only the
children attending those schools, but our communities as a whole.
Nowhere is this more prevalent than in the school budget process.
School districts are required to provide the public with notice and
information regarding the annual school budget hearing and the school
budget vote. However, in the event a budget is defeated, this process
may sometimes be used to push through budgets by disseminating informa-
tion that may be confusing, misleading and intimidating. Residents of a
school district must never feel compelled to vote for a budget based
upon speculation or threats of broad sweeping cuts. Often people must
choose between an untenable school property tax increase or the possible
reduction or elimination of important educational programs such as full-
day kindergarten, athletics, advanced placement courses, etc. If the
school board's plan is to cut or reduce such programs, they need to be
specific in how the cuts will be made. In order to ensure that people
are armed with enough information to make an informed decision, resi-
dents need to be made aware of whether the cuts are to be made across
the board or whether they are to be more narrowly tailored. For
instance, where a school district opts to eliminate athletics, they must
articulate which sports and at what level the cuts will be made (elemen-
tary, freshmen, junior varsity, varsity, etc.). Also, where a school
district opts to reduce or eliminate advanced placement courses, music,
art or reading programs, it must specify each course by name. Attached
to each initiative to be reduced or eliminated must be a dollar amount
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11251-01-1
S. 4986 2
so that it is clearly evident to the taxpayer how much money the school
district would save from such measures.
Residents must be afforded the most accurate information possible
regarding the decisions made by their local school board. It must be the
goal of every school district to enlighten the public regarding the
choices made in deciding where and how school property tax dollars are
spent.
Furthermore, this legislation would allow local taxpayers to know
first hand, the consequences that accompany a contingent budget should
the initial school budget be defeated. It would require school districts
to compose a detailed list of those programs that would be reduced or
eliminated under a contingent budget.
It is the intent of this legislation to provide the public with
detailed information pertaining to the school budget process. Voters
must be armed with knowledge rather than driven by rumors. Such informa-
tion should be written in a manner that is clear, concise and easily
understood by the average reader. It is the hope of the legislature that
this legislation will provide communities with greater understanding of
the school budget process and encourage participation of the public in
their local school systems.
S 2. Short title. This act shall be known and may be cited as the
"truth in voting act".
S 3. Subdivision 1 and paragraph a of subdivision 2-a of section 2022
of the education law, subdivision 1 as amended by section 8 of part C of
chapter 58 of the laws of 1998 and paragraph a of subdivision 2-a as
added by section 3 of part A of chapter 60 of the laws of 2000, are
amended to read as follows:
1. Notwithstanding any law, rule or regulation to the contrary, the
election of trustees or members of the board of education, [and] the
vote upon the appropriation of the necessary funds to meet the estimated
expenditures, AND THE VOTE UPON A BOND RESOLUTION, in any common school
district, union free school district, central school district or central
high school district shall be held at the annual meeting and election on
the third Tuesday in May, provided, however, that such election shall be
held on the second Tuesday in May if the commissioner at the request of
a local school board certifies no later than March first that such
election would conflict with religious observances. When such election
or vote is taken by recording the ayes and noes of the qualified voters
attending, a majority of the qualified voters present and voting, by a
hand or voice vote, may determine to take up the question of voting the
necessary funds to meet the estimated expenditures for a specific item
separately, and the qualified voters present and voting may increase the
amount of any estimated expenditures or reduce the same, except for
teachers' salaries, and the ordinary contingent expenses of the schools.
The sole trustee, board of trustees or board of education of every
common, union free, central or central high school district and every
city school district to which this article applies shall hold a budget
hearing not less than seven nor more than fourteen days prior to the
annual meeting and election or special district meeting at which a
school budget vote will occur, and shall prepare and present to the
voters at such budget hearing a proposed school district budget AND A
PROPOSED CONTINGENT BUDGET for the ensuing school year.
a. Commencing with the proposed budget for the [two thousand one--two
thousand two] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school year, such
notice shall also include [a description of how total spending and the
tax levy resulting from the proposed budget would compare with a
S. 4986 3
projected contingency budget adopted pursuant to section two thousand
twenty-three of this article, assuming that such contingency budget is
adopted on the same day as the vote on the proposed budget. Such compar-
ison shall be in total and by component (program, capital and adminis-
trative), and shall include a statement of the assumptions made in esti-
mating the projected contingency budget], IN A FORM AND MANNER
PRESCRIBED BY THE COMMISSIONER, A DETAILED LIST CONSISTING OF ANY AND
ALL PROGRAMS, INITIATIVES AND ACTIVITIES THAT ARE TO BE REDUCED, ELIMI-
NATED OR IN ANY OTHER WAY AFFECTED BY THE CONTINGENT BUDGET PROPOSAL FOR
THE ENSUING SCHOOL YEAR. SUCH LIST SHALL BE IN AN ITEMIZED FORMAT
DETAILING EVERY COURSE, PROGRAM, CURRICULAR ACTIVITY AND EXTRACURRICULAR
ACTIVITY BY NAME, SO AS TO PORTRAY AN ACCURATE DEPICTION OF THE EFFECTS
A CONTINGENT BUDGET WILL HAVE ON A SCHOOL DISTRICT. IN ADDITION, EACH
ITEM LISTED SHALL HAVE A DOLLAR AMOUNT CORRESPONDING TO IT IN ORDER TO
CLEARLY DEPICT THE AMOUNT SUCH REDUCTION OR ELIMINATION ACTUALLY
DECREASES THE TOTAL SPENDING THE INITIAL BUDGET PROPOSES.
S 4. Subdivision 2-a of section 2022 of the education law is amended
by adding a new paragraph c to read as follows:
C. NO SCHOOL DISTRICT SHALL USE PUBLIC FUNDS TO DISSEMINATE PARTISAN
INFORMATION REGARDING A VOTE OR AN ELECTION. FURTHER, A SCHOOL DISTRICT
SHALL NOT ALLOW ACCESS TO A SCHOOL'S CHANNELS OF COMMUNICATION OR TRANS-
PORTATION TO ESPOUSE A PARTISAN POSITION.
S 5. Paragraph a of subdivision 7 of section 1608 of the education
law, as amended by chapter 238 of the laws of 2007, is amended and two
new subdivisions 4-a and 8 are added to read as follows:
a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee or board of trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies of the
proposed budget made publicly available as required by law, making it
available for distribution at the annual meeting, and otherwise dissem-
inating it as required by the commissioner. Such report card shall
include: (i) the amount of total spending and total estimated school tax
levy that would result from adoption of the proposed budget and the
percentage increase or decrease in total spending and total school tax
levy from the school district budget for the preceding school year;
[and] (ii) the projected enrollment growth for the school year for which
the budget is prepared, and the percentage change in enrollment from the
previous year; [and] (iii) the percentage increase in the consumer price
index, as defined in paragraph c of this subdivision; [and] (iv) the
projected amount of the unappropriated unreserved fund balance that will
be retained if the proposed budget is adopted, the projected amount of
the reserved fund balance, the projected amount of the appropriated fund
balance, the percentage of the proposed budget that the unappropriated
unreserved fund balance represents, the actual unappropriated unreserved
fund balance retained in the school district budget for the preceding
school year, and the percentage of the school district budget for the
preceding school year that the actual unappropriated unreserved fund
balance represents; AND (V) THE AMOUNT OF UNEXPENDED SURPLUS FUNDS. FOR
PURPOSES OF THIS PARAGRAPH, THE TERM "SURPLUS FUNDS" SHALL MEAN ANY AND
ALL OPERATING FUNDS IN EXCESS OF TWO PERCENT OF THE CURRENT SCHOOL YEAR
BUDGET, REGARDLESS OF THE ACCOUNT IN WHICH SUCH FUNDS ARE HELD.
4-A. THE PROGRAM COMPONENT, CAPITAL COMPONENT AND THE ADMINISTRATIVE
COMPONENT SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE PROPO-
SITION. THERE SHALL BE NO SEPARATE PROPOSITIONS FOR ANY EXPENDITURE
S. 4986 4
REQUIRED TO BE INCLUDED IN THE BUDGET UNDER SUBDIVISION FOUR OF THIS
SECTION.
8. EACH YEAR THE BOARD OF EDUCATION SHALL PREPARE A SCHOOL BUDGET
COMPARISON CARD PURSUANT TO REGULATIONS OF THE COMMISSIONER AND SHALL
MAKE IT PUBLICLY AVAILABLE BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET MADE
PUBLICLY AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR DISTRIB-
UTION AT THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT AS REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:
A. THE TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL BUDGET ADOPTED
THE PREVIOUS YEAR;
B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
C. THE TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED BUDGET FOR
THE ENSUING YEAR;
D. THE MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE CONTINGENT BUDGET
CAP FOR THE ENSUING YEAR; AND
E. THE TOTAL DOLLAR AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED
CONTINGENT BUDGET FOR THE ENSUING YEAR.
S 6. Subdivision 7 of section 2601-a of the education law, as added by
chapter 474 of the laws of 1996, is amended and two new subdivisions 3-a
and 8 are added to read as follows:
7. Each year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of general
circulation, appending it to copies of the proposed budget made publicly
available as required by law, making it available for distribution at
the annual meeting, and otherwise disseminating it as required by the
commissioner. Such report card shall include measures of the academic
performance of the school district, on a school by school basis, and
measures of the fiscal performance of the district, as prescribed by the
commissioner. Pursuant to regulations of the commissioner, the report
card shall also compare these measures to statewide averages for all
public schools, and statewide averages for public schools of comparable
wealth and need, developed by the commissioner. Such report card shall
include, at a minimum, any information on the school district regarding
pupil performance and expenditure per pupil required to be included in
the annual report by the regents to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter, THE AMOUNT OF
UNEXPENDED SURPLUS FUNDS; and any other information required by the
commissioner. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SURPLUS FUNDS"
SHALL MEAN ANY AND ALL OPERATING FUNDS IN EXCESS OF TWO PERCENT OF THE
CURRENT SCHOOL YEAR BUDGET, REGARDLESS OF THE ACCOUNT IN WHICH SUCH
FUNDS ARE HELD. School districts (i) identified as having fifteen
percent or more of their students in special education, or (ii) which
have fifty percent or more of their students with disabilities in
special education programs or services sixty percent or more of the
school day in a general education building, or (iii) which have eight
percent or more of their students with disabilities in special education
programs in public or private separate educational settings shall indi-
cate on their school district report card their respective percentages
as defined in this paragraph and paragraphs (i) and (ii) of this subdi-
vision as compared to the statewide average.
3-A. THE PROGRAM COMPONENT, CAPITAL COMPONENT AND THE ADMINISTRATIVE
COMPONENT SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE PROPO-
SITION. THERE SHALL BE NO SEPARATE PROPOSITIONS FOR ANY EXPENDITURE
S. 4986 5
REQUIRED TO BE INCLUDED IN THE BUDGET UNDER SUBDIVISION FOUR OF THIS
SECTION.
8. EACH YEAR THE BOARD OF EDUCATION SHALL PREPARE A SCHOOL BUDGET
COMPARISON CARD PURSUANT TO REGULATIONS OF THE COMMISSIONER AND SHALL
MAKE IT PUBLICLY AVAILABLE BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET MADE
PUBLICLY AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR DISTRIB-
UTION AT THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT AS REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:
A. THE TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL BUDGET ADOPTED
THE PREVIOUS YEAR;
B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
C. THE TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED BUDGET FOR
THE ENSUING YEAR;
D. THE MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE CONTINGENT BUDGET
CAP FOR THE ENSUING YEAR; AND
E. THE TOTAL DOLLAR AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED
CONTINGENT BUDGET FOR THE ENSUING YEAR.
S 7. The education law is amended by adding a new section 141 to read
as follows:
S 141. DISCLOSURE OF VIOLATIONS. THE COMMISSIONER MAY REQUIRE THAT
UPON THE FINDING THAT A SCHOOL DISTRICT HAS VIOLATED ANY PROVISION OF
THIS CHAPTER, NOTICE OF SUCH VIOLATION SHALL BE PUBLICIZED BY TRANSMIT-
TING A DESCRIPTION OF THE COMMISSIONER'S FINDINGS TO THE SCHOOL NEWSLET-
TER OR PAPER. SUCH DESCRIPTION SHALL BE PUBLISHED AT LEAST TWICE BEFORE
THE ANNUAL BUDGET HEARING. FURTHER, NOTICE OF AND A DESCRIPTION OF EACH
VIOLATION SHALL BE READ INTO THE RECORD AT THE NEXT SUCCEEDING ANNUAL
BUDGET HEARING.
S 8. This act shall take effect immediately.
