Provides that state mandates shall not be implemented in school districts after such district has passed a budget; provides that any such mandates shall be implemented in the following fiscal year.
STATE OF NEW YORK
________________________________________________________________________
4767
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the effect of mandates
on school districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 308-a
2 to read as follows:
3 § 308-a. Special provisions; mandates. 1. As used in this section,
4 "mandate" means (a) any state law, rule or regulation which creates a
5 new program or requires a higher level of service for an existing
6 program which a school district, organized either by special laws or
7 pursuant to the provisions of a general law, is required to provide, or
8 (b) any general law which grants a new property tax exemption or
9 increases an existing property tax exemption which any such school
10 district is required to provide.
11 2. In the event that a mandate which imposes a cost upon a school
12 district is created after the adoption of a school budget, such mandate
13 shall not be implemented until the following year for which such school
14 budget was adopted.
15 3. Notwithstanding subdivision two of this section, such a mandate can
16 be imposed if:
17 (a) The mandate is provided at the option of the school district under
18 a law, regulation, rule or order that is permissive rather than mandato-
19 ry;
20 (b) The mandate is required by, or arises from, an executive order of
21 the governor exercising his or her emergency powers; or
22 (c) The mandate is required by statute or executive order that imple-
23 ments a federal law or regulation and results from costs mandated by the
24 federal government to be borne at the local level, unless the statute or
25 executive order imposes costs which exceed the costs mandated by the
26 federal government.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06741-01-3
