Bill Text: NY A06172 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to legislative review of rules and regulations adopted by the board of regents that will increase school district costs.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A06172 Detail]

Download: New_York-2019-A06172-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6172
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced  by  M.  of  A.  DeSTEFANO  --  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:
     1    Section 1. Section 207 of the education law  is  amended  to  read  as
     2  follows:
     3    § 207. Legislative  power.  Subject and in conformity to the constitu-
     4  tion and laws of the state, the regents shall exercise legislative func-
     5  tions concerning the educational system  of  the  state,  determine  its
     6  educational  policies,  and, except, as to the judicial functions of the
     7  commissioner [of education], establish rules for  carrying  into  effect
     8  the laws and policies of the state, relating to education, and the func-
     9  tions, powers, duties and trusts conferred or charged upon the universi-
    10  ty  and  the  [education]  department.   But no enactment of the regents
    11  shall modify in any degree the freedom of  the  governing  body  of  any
    12  seminary for the training of priests or clergymen to determine and regu-
    13  late  the  entire course of religious, doctrinal or theological instruc-
    14  tion to be given in such institution.   No rule by  which  more  than  a
    15  majority  vote shall be required for any specified action by the regents
    16  shall be amended, suspended or repealed by  a  smaller  vote  than  that
    17  required  for action thereunder.  Rules or regulations, or amendments or
    18  repeals thereof, adopted or prescribed by the  commissioner  [of  educa-
    19  tion]  as  provided  by  law  shall  not  be  effective unless and until
    20  approved by the regents, except where  authority  is  conferred  by  the
    21  regents  upon the commissioner [of education] to adopt, prescribe, amend
    22  or repeal such rules or regulations.  Any rule or regulation adopted  by
    23  the  regents,  without  the  approval  of the legislature, which has the
    24  effect of increasing costs to any school district in the state, shall be
    25  prohibited from taking effect until such  time  that  state  funding  is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10106-01-9
        A. 6172                             2
     1  appropriated to all school districts affected by the rule or regulation,
     2  covering  all  expenses related to the new rule or regulation. The board
     3  may use any savings effectuated by the repeal or adoption of any current
     4  rule  or  regulation  to offset the cost associated with any new mandate
     5  adopted by the board.  Provided however, a new mandate may  be  imposed,
     6  without legislative approval, and without state appropriation if:
     7    (a) The mandate is provided at the option of the school district under
     8  a regulation or rule that is permissive rather than mandatory;
     9    (b)  The  mandate is required by Federal law or regulation and goes no
    10  further than meeting the minimum standard as required by the Federal law
    11  or regulation.
    12    § 2. This act shall take effect immediately and shall  also  apply  to
    13  any and all rules or regulations adopted after such effective date. This
    14  act  shall  further  apply  to  any  regulation  adopted by the board of
    15  regents prior to the effective date of  this  act,  but  not  yet  fully
    16  implemented or effective.