BILL NUMBER: S288
SPONSOR: RHOADS
 
TITLE OF BILL:
An act to amend the education law, in relation to restrictions on
authority for the withholding of public monies from educational insti-
tutions
 
PURPOSE:
Amends the education law, in relation to restrictions on authority for
the withholding of public monies from educational institutions.
 
SUMMARY OF PROVISIONS:
Section 1. Section 306 of the education law, subdivision 1 as amended by
chapter 298 of the laws of 1957, is amended to read as follows:
§ 306 Removal of school officers; withholding public money. Section 2.
is the enacting clause.
 
JUSTIFICATION:
State funding for education is essential to the education and develop-
ment of our youth and the removal of such funding, regardless of the
reason, will invariably harm that developmental process. The ability of
the Commissioner of Education to alter or suspend the specific actions
of the Legislature in allocating such funding to educational insti-
tutions as a punishment or sanction, therefore, must be limited.
Presently, the Commissioner, in addition to the power to remove any
school officer, wields unlimited authority to alter or suspend funds
allocated by the Legislature to educational institutions for any willful
violation of law as well as for any willful violation of a decision,
order or regulation promulgated by the Commissioner regardless of its
severity or its impact on the health, safety, education or welfare of
students, employees or visitors to that educational institution. Without
limits, this broad power can effectively shut down affected insti-
tutions, potentially impacting the education of thousands of students,
over ministerial disputes with relatively little consequence, where
other less obstructive measures can be utilized.
The proposed legislation places reasonable limits on the exercise of
this draconian authority, restricting its use to willful violations of
law, or to willful disobeyance of decisions, orders or regulations
promulgated by the Commissioner only where such disobeyance presents an
immediate threat to the health, safety, education or welfare of
students, employees or visitors to the involved institution.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S288: 306 education law