BILL NUMBER: S8368
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the education law, in relation to the retention and
disposition of state education commissioner appeal and proceeding
records
 
PURPOSE OF THE BILL:
The proposed legislation would update language regarding appeals to and
proceedings before the Commissioner of Education under Article 7 of the
Education Law, to provide the State Education Department with flexibili-
ty in retention and disposition of the resulting records.
 
SUMMARY OF THE PROVISIONS OF THE BILL:
Section 1 of the bill amends section Education Law § 312 to remove the
requirement that the Commissioner must keep, and make accessible at all
times, all proceedings, decisions, and orders on every appeal and peti-
tion under Article 7 of the Education Law. The proposed legislation
instead requires that the Commissioner file and maintain all such deci-
sions and orders, and papers and pleadings relating to such decisions
and orders, and retain and dispose of them in accordance with section
57.05 of the Arts and Cultural Affairs Law.
Section 2 is the effective date.
 
STATEMENT IN SUPPORT OF THE BILL:
The requirement that the Commissioner of Education keep, and make acces-
sible at all times, all proceedings, decisions, and orders on every
appeal and petition under Article 7 of the Education Law has resulted in
the State Education Department maintaining over 1,500 cubic feet of such
records at the New York State Archives and in the Department's Office of
Counsel dating from the 19th century to the present. In an effort to
reduce storage space and the cost of such storage, this bill would allow
the State Education Department to dispose of such records, where appro-
priate and in accordance with the provisions of Arts and Cultural
Affairs Law, making such disposition decisions transparent to the
public.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
EFFECTIVE DATE:
This act would take effect immediately.

Statutes affected:
S8368: 312 education law