July 2002 Vol

The official legislative calendar called for a June 20^th end of session. As that date got closer it became evident that, despite a relatively early passage this year of the state budget (May 16^th), failure to reach agreement on other major issues would prevent the legislature’s graceful and on time departure from Albany. These major issues, which include the minimum wage increase and reform of the Rockefeller drug laws, now appear as intractable as ever, and, without resolution on them, neither the legislature nor the governor are willing to agree on much of anything else. As a result, hundreds of important pieces of legislation remain bottled up in committees. Both houses have indicated their intention to return to Albany later this summer to, as is euphemistically described, “clean up” the remaining unresolved issues, but that remains to be seen.

Some bills of particular interest to small city districts did evade the late June logjam. The small city school district bill, S.4766/A.8680, calling for a state referendum to repeal the 5% constitutional debt ceiling passed both houses and awaits delivery to the governor for his signature. The bill, sponsored by Senator Randy Kuhl of Hammondsport, and Assemblyman Ronald Canestrari of Albany, must be passed again next year in order that the referendum can be placed on a statewide ballot in November 2003. Our thanks go out to Senator Kuhl and Assemblyman Canestrari for their outstanding efforts on this issue.

Two other bills relating to defibrillators reached the governor’s desk in May and were signed into law as chapters 60 and 61 of the laws of 2002. Chapter 61 extends the law to off-site athletic contests, and delays effectiveness of the law to September 1, 2002. A.11858/S.7814 enacting provisions of the federal No Child Left Behind Act of 200 passed the Assembly on June 25^th and the Senate on July 2^nd. The text and a summary of the bill, which would be effective July 1, 2002 and would sunset on June 30, 2003, are included at the end of this newsletter. Many other important bills, however, did not survive the process and remain stuck in the various committees. For example, S.6237/A.10180, which would allow small city school districts to exclude building aid from the computation of outstanding debt for the purposes of the constitutional debt limit, is in the Senate Rules and Assembly Ways and Means Committees. This bill would provide significant relief from the debt limit, but at this time there is no indication whether either house will take it up upon their return later this year. Senator Kuhl and Assemblyman Canestrari sponsor these bills as well, and have been pushing hard to get them passed.

SUMMER CONFERENCE IN ITHACA AUGUST 18-19

The program committee members (Judith Pastel, Richard Jorgensen, Ronald Friedman, Michael Egan and John Lutz) have completed plans for the Association’s annual conference that is set for August 18th and 19^th (Sunday and Monday) at the Statler Hotel (a top rated facility) on the campus of Cornell University in Ithaca. For those who have not experienced the delight of summer in the Finger Lakes region there is a wonderful surprise in store. The Ithaca area has many attractions, including the spectacular gorges and state parks. The Cornell campus itself also has many recreational, educational and cultural facilities including a Robert Trent Jones designed golf course, numerous athletic facilities and a full schedule of cultural events. More specific information on these will be coming in the next few weeks. The conference theme is character education and features a major presentation by a renowned expert on the subject, Dr. Richard Brooks. Canandaigua CSD and Salamanca CSD will also make presentations and featured speakers include Chancellor of the Regents, Robert Bennett and NYS Council of School Superintendents’ own Thomas Rogers. We encourage all who intend on coming to sign up as soon as possible to insure accommodations at the Statler Hotel are available. We know you will find the conference professionally beneficial and, your visit in Ithaca, personally enjoyable. Look forward to seeing you there.

Two other cases of note were also recently decided, the “pledge of allegiance”
case out of the federal 9th Circuit and the school vouchers case involving the Cleveland City Schools. These cases are currently being reviewed by this
office and will be reported on in the next issue of the newsletter.

LEGAL UPDATE

As you all must know, the Appellate Division, 2^nd Department, delivered a 
serious blow to education reform by overturning the trial court decision in the
Campaign For Fiscal Equity case. The court by a 4 to 1 vote found that the
trial court erred in finding that the state educational system violates the 
NYS Constitution and the implementing regulations of Title VI of the Civil Rights Act of
1964. The appeals court majority based its holding on the ground that the trial court
set the state constitutional minimum for education at “aspirational” levels and that all 
that the state constitution mandates is an educational system geared to provide an 
education at the eighth grade level. The NYS Court of Appeals will now consider this
somewhat surprisingly blunt finding, probably sometime next year. It remains to be
seen what the state’s highest court will think of confirming a decision which declares
to the whole nation that all that New York’s Constitution requires is a middle school
education.

August 18 and 19, 2002
Statler Hotel, Cornell University, Ithaca
Summer Conference / Annual Meeting / Board Meeting

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)

SPONSOR: Rules TITLE OF BILL: An act to amend the education law, in relation to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school and providing for the repeal of such provisions upon expiration thereof

SUMMARY OF SPECIFIC PROVISIONS: This bill would authorize the Commissioner to establish a list of approved providers of supplemental educational services. Eligible approved providers may include, but not be limited to, public school, BOCES, institutions of higher education, and community based organizations. Any local educational agency that receives federal funds under Title I, is authorized to contract with approved providers, selected by a student's parents, to give a student supplemental educational services in accordance with "The No Child Left Behind Act of 2001”.

This bill requires that the parent or person in parental relation to a student who 1) attends a school that has been identified as a persistently dangerous public elementary or secondary school, or 2) who is a victim of a violent criminal offense that occurred on school property, must be notified of their right to transfer their child to a safe public school within the district. The Commissioner will determine, based on two years data submitted to the uniform violent incident reporting system, which schools are considered persistently dangerous. The school district is required to establish procedures by which the superintendents determine when a student is a victim of a violent criminal offense that occurred on school grounds. A violent criminal offense is narrowly defined to include offenses which result in actual physical harm, rape and threatening use of a weapon and this determination must be done in consultation with any law enforcement agencies investigating such alleged offense.

This bill also conforms state law with changes made to the federal gun-free schools act. This bill would require that any student who brings or possesses a firearm in a public or private school must be suspended. For no less than one calendar year.

JUSTIFICATION: The Federal government has passed the "No Child Left Behind Act of 2001", which requires the state legislature to make conforming changes or risk losing significant amount of federal aid.