Bill Text: NY S08924 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that the Board of Regents, the Commissioner of Education, and the Education Department shall have the responsibility to respond to the current COVID-19 pandemic, terminating certain Executive Orders issued by the Governor pursuant to section 29-a of the Executive Law, and provides for the procedure to be followed regarding future Executive Orders regarding elementary, secondary, post-secondary schools, State Universities, and other educational entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-10-21 - TO ATTORNEY-GENERAL FOR OPINION [S08924 Detail]

Download: New_York-2019-S08924-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8924

                    IN SENATE

                                     August 19, 2020
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        providing that the Board of Regents, the Commissioner of Education,  and
          the  Education  Department shall have the responsibility to respond to
          the current COVID-19 pandemic, terminating  certain  Executive  Orders
          issued  by the Governor pursuant to section 29-a of the Executive Law,
          and providing for the procedure to be followed regarding future Execu-
          tive Orders regarding elementary, secondary,  post-secondary  schools,
          State Universities, and other educational entities

     1    WHEREAS,  the  New  York State Board of Regents is responsible for the
     2  general supervision of all educational activities in the  State  of  New
     3  York  including  all  elementary,  secondary, and post-secondary schools
     4  pursuant to Article XI, Section 2 of the New  York  State  Constitution;
     5  and
     6    WHEREAS, the New York State Board of Regents appoints the Commissioner
     7  of Education to be the chief administrative officer of the Department of
     8  Education pursuant to Article V, Section 4 of the New York State Consti-
     9  tution; and
    10    WHEREAS, the Commissioner of Education is the "chief executive officer
    11  of  the  state  system  of  education,"  has "general supervision of all
    12  schools and institutions ... related to education," and has the  respon-
    13  sibility  to  "advise and guide the school officers of all districts and
    14  cities of the State in relation to their duties and the general  manage-
    15  ment  of the schools under their control" pursuant to section 305 of the
    16  Education Law; and
    17    WHEREAS, elected local school boards throughout New York State and the
    18  Mayor in the City of  New  York  are  charged  with  the  administrative
    19  responsibility  for  managing  and operating individual school districts
    20  consistent with the guidance and direction  provided  by  the  Board  of
    21  Regents,  the  Commissioner  of Education, and the Education Department;
    22  and
    23    WHEREAS, the Governor was given the authority  pursuant  to  Executive
    24  Law  section  29-a  by  Executive Order to temporarily suspend any laws,
    25  ordinances, rules or regulations  during  a  State  disaster  emergency,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89172-01-0
        S. 8924                             2

     1  provided  that any such action by subject to the State Constitution, and
     2  further subject to the requirement that "when  practicable,  specialists
     3  shall  be assigned to assist with the related emergency actions to avoid
     4  needless adverse effects resulting from such suspensions,"; and
     5    WHEREAS,  the Board of Regents, the Commissioner of Education, and the
     6  Education Department, consistent with their independent role  under  the
     7  State Constitution and their cadre of specialists, should assert primary
     8  responsibility,  subject  to duly enacted legislation, for responding to
     9  the current COVID-19 pandemic, including deciding when  and  under  what
    10  conditions local schools should reopen; and
    11    WHEREAS,  the  State  Legislature  has  the  authority to terminate by
    12  concurrent resolution Executive Orders issued under section 29-a of  the
    13  Executive Law; now, therefore, be it
    14    RESOLVED,  (if  the  Assembly  concur)  that the Board of Regents, the
    15  Commissioner of Education, and the Education Department shall  have  the
    16  responsibility,  subject  to duly enacted legislation, to respond to the
    17  current COVID-19 pandemic, including deciding when and under what condi-
    18  tions elementary, secondary, post-secondary schools, State Universities,
    19  and other educational entities  subject  to  their  jurisdiction  should
    20  reopen and operate; and be it further
    21    RESOLVED, (if the Assembly concur) that any Executive Orders issued by
    22  the  Governor  that are inconsistent in any manner with the decisions of
    23  the Board of Regents, the Commissioner of Education, and  the  Education
    24  Department  regarding  elementary,  secondary,  post-secondary  schools,
    25  State Universities, and other  educational  entities  subject  to  their
    26  jurisdiction are hereby terminated; and be it further
    27    RESOLVED,  (if the Assembly concur) that the Governor shall retain the
    28  authority to issue Executive  Orders  regarding  elementary,  secondary,
    29  post-secondary  schools, State Universities, and other educational enti-
    30  ties subject to the jurisdiction of the Board of  Regents,  the  Commis-
    31  sioner of Education, and the Education Department to the extent that the
    32  Governor is requested in writing by the Board of Regents to exercise the
    33  authority  to  suspend  temporarily specific laws, rules, or regulations
    34  during a declared state of emergency for a period not to exceed 30 days;
    35  and be it further
    36    RESOLVED, (if the  Assembly concur) that a copy of any request by  the
    37  Board  of  Regents  to  the Governor to exercise any emergency authority
    38  shall be simultaneously sent to the temporary President of  the  Senate,
    39  the  Minority  Leader  of  the  Senate, the Speaker of the Assembly, the
    40  Minority Leader of the Assembly, and the chairs and ranking  members  of
    41  the Senate and Assembly education committees.