Information that we have received to date indicates that 90% of small city budgets have passed (of 52 districts reporting: 47 budgets passed and 5 defeated). The reported statewide passage rate is 94%. Attached is a spreadsheet which contains information on small city budgets, tax levies and budget vote passage/defeat.

Districts with failed budgets or propositions are calling the Association and asking for information regarding petition forms and contingency budgets. Please feel free to contact the Association if you need any information (518-462-5300). Attached is a list of what is included in and excluded from a contingency budget.

EARLY RETIREMENT LEGISLATION INCLUDES SCHOOL DISTRICTS

Recently, the Association spoke to Senate staff regarding early retirement incentive legislation for teachers. According to staff, S.6029, this year's early retirement incentive bill, has passed the Senate and will most likely be enacted into law this year.

The following is some information about the bill:

S.6029: This bill would provide an early retirement incentive for certain public employees who are members of the NYS and Local Employees' Retirement System, the NYS Teachers' Retirement System, the NYC Teachers' Retirement System, the NYC Board of Education or the NYC Employees' Retirement System. The incentive would provide one-twelfth of a year of additional retirement credit for each year of service credited as of the date of retirement up to a maximum of three years. (Amends Chapter 41 of the Laws of 1997.) This bill passed the Senate, was delivered to the Assembly and was referred to the Assembly Ways and Means Committee on March 26th.

If you would like a copy of the bill, please contact Susan Considine at 518-462-5300, Fax: 518-436-0210, or e-mail sc@degraff-foy.com.

We have been alerted by Gil DeCicco, Superintendent of the Cohoes CSD, that the Public Service Commission (PSC) recently approved a plan by which Niagara Mohawk Power Corporation (NIMO) intends to divest itself of its power generation facilities. This development coupled with ongoing tax certiorari aimed at reducing tax assessments, may pose a significant threat to affected city school district tax bases. He is also aware that Oswego CSD will likewise be affected by the PSC decision.

IF ANY OTHER DISTRICTS ARE ALSO AFFECTED BY THE NIMO DIVESTITURE, PLEASE CONTACT ASSOCIATION COUNSEL ROBERT BIGGERSTAFF (PHONE: 518-462-5300, FAX: 518-436-0210, E-MAIL: REB@DEGRAFF-FOY.COM).

We have asked the Association to help monitor this issue and any input would be greatly appreciated.

The following is an update on Federal education legislation provided by The New York State Education First Alliance (May 21, 1998):

"FY 1999 FUNDING: The House Budget Committee approved its budget resolution, proposing to cut funding for education and other domestic programs by about $100 billion over five years. The resolution is not binding but rather provides guidance to appropriators.

The full House is expected to consider the resolution upon returning from Memorial Day recess during the week of June 2. It is unclear whether the proposed plan has enough support to pass; Republican moderates have opposed earlier versions that cut domestic spending, including education, too deeply. Conservatives support the cuts but would like the savings used for a significant tax cut. By law, Congress should have completed action on a compromise House-Senate budget resolution by May 15. Since it did not, appropriations committees will start to mark up appropriations bills after the recess without the guidelines. Action is expected on the Labor HHS, Education appropriations bills before the July 4 recess.

Please contact your House members during the recess and urge them to support increases in key programs like Title I, II, and VI; IDEA; vocational education; and Pell grants at least at the percentage increases provided last year. Given the budget surplus of about $50 billion, the pending tobacco settlement, and the exceptionally large increase targeted to transportation, it is only fair that, as the foundation of a strong economy and society, education receive its share.

HOUSE BLOCK GRANT: A tentative House Education/Workforce Committee mark-up of a block grant sponsored by Rep. Pitts (R-PA) was pulled for further refinement and probable early June action. The "Dollars to the Classroom Act" (H.R. 3248) would consolidate 30 programs worth $3 billion into grants to governors with no direction as to its use, no accountability measures, and no substate formula, let alone one that might send money to needy districts. Also, governors would have discretion to redirect Title I dollars within the state.

Urge House members to oppose block granting without thorough hearings and public debate, Reps. Owens and McCarthy are on the House committee and might be targeted.

COVERDELL/GORTON: Conferees, including Sen. Moynihan and Rep. Rangel, could begin meeting at any time on the Coverdell tax breaks/Gorton block grant bill.

Urge Moyniham and Rangel to oppose education savings accounts and block grants that eliminate the Federal role, do not target funds to poor areas, and have no accountability mechanisms.

THE FINAL SUPPLEMENTAL APPROPRIATIONS BILL HAD NO EDUCATION CUTS. THANKS.

If you have an questions or comments, please contact Clesson Bush at 518-474-1235; fax 518-473-9466; e-mail cbush@mail.nysed.gov."

Recently, the Court of Appeals decided that a teacher (Teacher A) who was assigned to a different assignment area, without her consent, was entitled to seniority credit for the time period of that assignment. The case in question is Kaufman V. Fallsburg Cent. Sch. Dist., 91 N.Y.2d 57, 666 N.Y.S.2d 1000 (Dec. 17, 1997).

Since the teacher (Teacher A) waived the defect and did not contest the different assignment, the Court determined that she was entitled to seniority credit for time worked in this different assignment area. In this case, the district initially failed to credit this special education teacher for one year when she was assigned to elementary education without her consent. The error was brought to light and corrected by the district when elementary teaching positions were being abolished and layoffs were required. Another teacher (Teacher C) contested Teacher A's seniority based on the fact that Teacher A's consent was not obtained to teach the one year in the elementary education area.

The Court stated that obtaining consent "is a safeguard personal to the teacher being assigned out of his or her tenure area and is waivable if enforcement of the consent requirement would work to that teacher's detriment." In other words, a third party, in this case Teacher C, cannot benefit by insisting that a prior injustice to another teacher be upheld.