Provides that the commissioner of education may also withhold from any district or city its share of the public money of the state for willfully disobeying any provision of law, or for such decisions, orders or regulations as aforesaid whose willful violation constitutes an immediate threat to the health, safety, education or welfare of students, employees or visitors at such common school, educational institution, school district or public school.
STATE OF NEW YORK
________________________________________________________________________
7729
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to restrictions on
authority for the withholding of public monies from educational insti-
tutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 306 of the education law, subdivision 1 as amended
2 by chapter 298 of the laws of 1957, is amended to read as follows:
3 § 306. Removal of school officers; withholding public money. 1. When-
4 ever it shall be proved to his or her satisfaction that any trustee,
5 member of a board of education, clerk, collector, treasurer, district
6 superintendent, superintendent of schools or other school officer is a
7 member of an organization listed as subversive by the board of regents
8 pursuant to the provisions of section three thousand twenty-two of this
9 chapter, or has been guilty of any wilful violation or neglect of duty
10 under this chapter, or any other act pertaining to common schools or
11 other educational institution participating in state funds, or wilfully
12 disobeying any decision, order, rule or regulation of the regents or of
13 the commissioner [of education], [said] such commissioner, after a hear-
14 ing at which the school officer shall have the right of representation
15 by counsel, may, by an order under his or her hand and seal, which order
16 shall be recorded in his or her office, remove such school officer from
17 his or her office.
18 2. [Said] Such commissioner [of education] may also withhold from any
19 district or city its share of the public money of the state for wilfully
20 disobeying any provision of law [or any decision, order or regulation as
21 aforesaid], or for such decisions, orders or regulations as aforesaid
22 whose willful violation constitutes an immediate threat to the health,
23 safety, education or welfare of students, employees or visitors at such
24 common school, educational institution, school district or public
25 school.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11149-03-3
