S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3907
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. DeSTEFANO, SALKA -- Multi-Sponsored by -- M. of
   A. M. MILLER -- read once and referred  to  the  Committee  on  Higher
   Education
 
 AN  ACT to amend the education law, in relation to the legislative power
   of the University of the State of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  207  of  the education law is amended to read as
 follows:
   § 207. Legislative power.  Subject and in conformity to the  constitu-
 tion and laws of the state, the regents shall exercise legislative func-
 tions  concerning  the  educational  system  of the state, determine its
 educational policies, and, except, as to the judicial functions  of  the
 commissioner  [of  education],  establish rules for carrying into effect
 the laws and policies of the state, relating to education, and the func-
 tions, powers, duties and trusts conferred or charged upon the universi-
 ty and the [education] department.   But no  enactment  of  the  regents
 shall  modify  in  any  degree  the freedom of the governing body of any
 seminary for the training of priests or clergymen to determine and regu-
 late the entire course of religious, doctrinal or  theological  instruc-
 tion  to  be  given  in such institution.   No rule by which more than a
 majority vote shall be required for any specified action by the  regents
 shall  be  amended,  suspended  or  repealed by a smaller vote than that
 required for action thereunder.  Rules or regulations, or amendments  or
 repeals  thereof,  adopted  or prescribed by the commissioner [of educa-
 tion] as provided by  law  shall  not  be  effective  unless  and  until
 approved  by  the  regents,  except  where authority is conferred by the
 regents upon the commissioner [of education] to adopt, prescribe,  amend
 or  repeal such rules or regulations.  ANY RULE OR REGULATION ADOPTED BY
 THE REGENTS, WITHOUT THE APPROVAL OF  THE  LEGISLATURE,  WHICH  HAS  THE
 EFFECT OF INCREASING COSTS TO ANY SCHOOL DISTRICT IN THE STATE, SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08194-01-1

 A. 3907                             2
 
 PROHIBITED  FROM  TAKING  EFFECT  UNTIL  SUCH TIME THAT STATE FUNDING IS
 APPROPRIATED TO ALL SCHOOL DISTRICTS AFFECTED BY THE RULE OR REGULATION,
 COVERING ALL EXPENSES RELATED TO THE NEW RULE OR REGULATION.  THE  BOARD
 MAY USE ANY SAVINGS EFFECTUATED BY THE REPEAL OR ADOPTION OF ANY CURRENT
 RULE  OR  REGULATION  TO OFFSET THE COST ASSOCIATED WITH ANY NEW MANDATE
 ADOPTED BY THE BOARD.  PROVIDED HOWEVER, A NEW MANDATE MAY  BE  IMPOSED,
 WITHOUT LEGISLATIVE APPROVAL, AND WITHOUT STATE APPROPRIATION IF:
   (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
 A REGULATION OR RULE THAT IS PERMISSIVE RATHER THAN MANDATORY;
   (B)  THE  MANDATE IS REQUIRED BY FEDERAL LAW OR REGULATION AND GOES NO
 FURTHER THAN MEETING THE MINIMUM STANDARD AS REQUIRED BY THE FEDERAL LAW
 OR REGULATION.
   § 2. This act shall take effect immediately and shall  also  apply  to
 any and all rules or regulations adopted after such effective date. This
 act  shall  further  apply  to  any  regulation  adopted by the board of
 regents prior to the effective date of  this  act,  but  not  yet  fully
 implemented or effective.