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

                                  3223

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  TENNEY -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to mandating the trustees
  of common school districts and the board of education of  every  union
  free  school  district  to establish a code of ethics to be applied to
  the prohibition of the use of school resources for personal gain

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

  Section  1.  Section  1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
  43. ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND FOURTEEN, AND ANNUAL-
LY THEREAFTER, THE GOVERNING BODY OF EACH SCHOOL DISTRICT AND EACH BOARD
OF COOPERATIVE EDUCATIONAL SERVICES SHALL REVIEW AND APPROVE A  CODE  OF
ETHICS THAT SHALL INCLUDE STANDARDS FOR OFFICERS AND EMPLOYEES PROHIBIT-
ING  THE  USE  OF  PROPERTY  OR  RESOURCES  OF THE DISTRICT OR BOARD FOR
PERSONAL GAIN.  A COPY OF SUCH CODE SHALL BE FILED WITH  THE  OFFICE  OF
THE STATE COMPTROLLER AND THE DEPARTMENT WITHIN THIRTY DAYS OF ITS ANNU-
AL  APPROVAL PURSUANT TO THIS SUBDIVISION, AND ANY SUBSEQUENT AMENDMENTS
TO SUCH CODE SHALL BE SO FILED WITHIN THIRTY DAYS OF  ADOPTION  OF  SUCH
AMENDMENT.
  S  2.  Section  1709  of  the education law is amended by adding a new
subdivision 36 to read as follows:
  36. ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND FOURTEEN, AND ANNUAL-
LY THEREAFTER, THE GOVERNING BODY OF EACH SCHOOL DISTRICT AND EACH BOARD
OF COOPERATIVE EDUCATIONAL SERVICES SHALL REVIEW AND APPROVE A  CODE  OF
ETHICS THAT SHALL INCLUDE STANDARDS FOR OFFICERS AND EMPLOYEES PROHIBIT-
ING  THE  USE  OF  PROPERTY  OR  RESOURCES  OF THE DISTRICT OR BOARD FOR
PERSONAL GAIN.  A COPY OF SUCH CODE SHALL BE FILED WITH  THE  OFFICE  OF
THE STATE COMPTROLLER AND THE DEPARTMENT WITHIN THIRTY DAYS OF ITS ANNU-
AL  APPROVAL PURSUANT TO THIS SUBDIVISION, AND ANY SUBSEQUENT AMENDMENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06075-01-3

              

A. 3223                             2

TO SUCH CODE SHALL BE SO FILED WITHIN THIRTY DAYS OF  ADOPTION  OF  SUCH
AMENDMENT.
  S  3.  Paragraph a of subdivision 1 of section 2102-a of the education
law, as amended by chapter 388 of the laws of 2010, is amended  to  read
as follows:
  a.  Every trustee or voting member of a board of education of a school
district or a board of  cooperative  educational  services,  elected  or
appointed  for  a  term  beginning  on or after July first, two thousand
five, shall, within the first year of his or her term, complete a  mini-
mum  of six hours of training on the financial oversight, accountability
and fiduciary responsibilities of a school board member.  SUCH  TRAINING
SHALL  ALSO  INCLUDE EXAMINATION OF THE SCHOOL DISTRICT'S CODE OF ETHICS
AS ESTABLISHED IN SUBDIVISION FORTY-THREE  OF  SECTION  SIXTEEN  HUNDRED
FOUR OF THIS TITLE.
  S 4. Paragraph (a) of subdivision 3 of section 2116-a of the education
law,  as  amended  by section 4 of part A-1 of chapter 58 of the laws of
2006, is amended to read as follows:
  (a) The school authorities  of  each  school  district,  except  those
employing  fewer  than  eight  teachers,  but  including the city school
districts of the cities of Buffalo and Rochester, shall obtain an annual
audit of its records by an independent certified public accountant or an
independent public accountant. The report of such annual audit shall  be
presented  to the trustees or board of education by such accountant. The
board of education of the city school district of the city of New  York,
districts  of  such city shall obtain an annual audit by the comptroller
of the city of New York, or by an independent certified public  account-
ant or an independent public accountant. Such city school district audit
shall  include,  but  not  be  limited to, transactions processed at the
level of the central administrative office, the district, and the  indi-
vidual  school.  SUCH AUDIT SHALL ALSO INCLUDE EXAMINATION OF ALL TRANS-
ACTIONS TO ENSURE COMPLIANCE WITH THE SCHOOL DISTRICT'S CODE  OF  ETHICS
AS  ESTABLISHED  IN  SUBDIVISION  FORTY-THREE OF SECTION SIXTEEN HUNDRED
FOUR OF THIS TITLE. The community districts of such city school district
shall obtain an annual audit by the bureau of  audit  of  the  board  of
education  of  the city school district of the city of New York or by an
independent  certified  public  accountant  or  an  independent   public
accountant. A copy of the audit report in form prescribed by the commis-
sioner  and certified by the accountant, or, in the city school district
of the city of New York or  the  community  districts  therein,  by  the
accountant,  or  the comptroller or bureau of audit, as the case may be,
shall be furnished to the commissioner on or  before  October  fifteenth
following  the  end  of the fiscal year audited, except that such report
shall be furnished to  the  commissioner  on  or  before  January  first
following  the  end  of  the  fiscal  year  audited  for the city school
districts of the cities of Buffalo, Rochester,  Syracuse,  Yonkers,  and
New York and for the community school districts of the city of New York.
  S  5.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law  and  shall  apply  to  the
following  school  year.  Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.