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August 2005 Vol. XIX, No. 5 |
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ALBANY UPDATE |
The most important news of the summer finally broke last week when the
Governor announced that he would not seek re-election for a fourth term
in Albany in 2006. While this announcement did not come as a surprise to
most, it nevertheless has just begun to reverberate through the capital
as many now begin to contemplate in earnest a change in administration
for the first time in twelve years, and, perhaps, a change in party
running the ‘second floor.’ Some top agency personnel had already
started to move earlier this year in anticipation of the Governor’s
stepping down. This will continue to occur, making relationships with
the various State agencies more problematic than ever.
The Education Department, of course, is substantially insulated from any
wholesale turnover due to its independent governance. It will not,
however, be entirely free from the affects of the process of
administration change since its own purse strings are kept tightly
clutched by the Division of Budget which reports directly to the
Executive. Moreover, in 2006, when the State Budgetary process would
normally be positively influenced by election year politics, Albany will
have a lame duck Governor, with national aspirations and a clear
motivation to shift perceptibly further to the right in the political
spectrum. Hints of that shift have already been given by the Governor
through his veto of the bi-partisan bill supporting the ‘morning after
birth control bill.’ And while next year may seem a way off, the State
Budget process at the agency level is already beginning. How these
developments all come together in 2006 can only be guessed at now. It is
safe to conclude for the present that State Budget politics will be made
more contentious by having an Executive who is not running for office
and a State Legislature that is, and a Senate that will be fighting
tenaciously for every seat and for a possible change in party
leadership.
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SMALL CITY SCHOOL DISTRICT LITIGATION |
The Association and
sixteen small city districts commenced education finance litigation on
March 18th of this year by the filing of a complaint in the
State Supreme Court in the County of Albany. In doing so, the
Association and the districts took a historic step forward in the
ongoing fight to provide a quality education for all children in our
State. Since March a few events have happened which may affect the
eventual outcome of the case. In June the Attorney General filed a
motion to dismiss the complaint. In its motion it asserted that the
plaintiffs lacked ‘standing’ and ‘the capacity to sue.’ These are highly
technical legal issues which do not get to the heart of the issues and
are chiefly designed to delay the case. The motion also claims that the
complaint fails to state a cause of action, basing this on the recently
decided Paynter and NYCLU cases. These two
cases were also decided on highly technical grounds and clearly show the
AG’s desire to avoid meeting the real issues ‘head on.’ The motion is
returnable in Supreme Court on October 7th. This date may be
delayed, however, since the assigned Judge, the Hon. Joseph Cannizzaro,
recently passed away after a long struggle with cancer. We have not as
yet been notified about reassignment of the case and the reassignment
itself may cause the determination of the motion to be significantly
postponed. And of course, the announcement by the Governor of his
intention to step down in 2006 and forego an attempt for a fourth term
is the wild card in all this. With the heir presumptive to the
Democratic nomination for Governor as the State’s lawyer in the
Association’s case and with a lame duck Governor for a client, the AG’s
motivations are highly suspect and his strategy and tactics curious. As
in the CFE case, delay may be the only real objective for the State;
delay until after the elections in November 2006. |
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CHAPTERED
BILLS
AS OF
AUGUST 5, 2005 |
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Chapter |
Bill No. |
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314 |
A88A |
Sanders -- Relates to
students serving as ex officio members of school boards
BLURB : Ed L. students on school boards
SUMM : Amd SS1702, 1804, 2502 & 1901, Ed L Relates to
students serving as ex officio members of school boards.
Last Act: 07/26/05 signed chap.314 |
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315 |
A236A |
Weisenberg (MS) --
Requires that the correct use of automated external
defibrillators be taught in health class at senior high schools
BLURB : Ed L. CPR training in high school
SUMM : Add S804-d, Ed L Requires that the correct use of
automated external defibrillators be taught in health class at
senior high schools.
Last Act: 07/26/05 signed chap.315 |
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52 |
A552 |
Budget -- Legal
requirements of the state debt service
BLURB : Debt Service Fund
SUMM : Makes appropriations for the legal requirements of
state debt service and lease purchase payments and other special
contractual obligations; provides for the payment by the
commissioner of the office of general services on certificates
of participation.
Eff. Date 03/11/2005
Division of Budget
Last Act: 03/11/05 signed chap.52 |
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319 |
A2767C |
Brodsky (MS) -- Authorizes
school districts to maintain asthma treatment agents as stock
medication and to administer asthma treatment agents for the
emergency treatment of asthma
BLURB : Ed L. sch dist emer treat asth
SUMM : Amd S916, Ed L Allows pupils afflicted with asthma
to maintain an extra inhaler, upon the written request of a
parent or person in parental relation, in the care and custody
of a registered nurse employed by a school district or board of
cooperative educational services.
Last Act: 07/26/05 signed chap.319 |
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263 |
A6082B |
DiNapoli (MS) -- Relates
to accountability of school districts
BLURB : Ed L. account. school dists.
SUMM : Amd Ed L, generally Relates to accountability of
school districts; strengthens the claims audit function within
each school district and ensure that such auditor reports
directly to the members or trustees of a school district;
requires a minimum of six hours of training for school board
members elected or appointed for a term beginning on or after
July 1, 2005 on their financial oversight, accountability and
fiduciary responsibilities.
Eff. Date 07/19/2005 (See Table)
Last Act: 07/19/05 signed chap.263 |
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402 |
A6283A |
Weisenberg -- Relates to
the definition of school function as it relates to codes of
conduct
BLURB : Ed L. school func. code of cond.
SUMM : Amd S2801, Ed L Relates to the definition of
school function as it relates to codes of conduct.
Last Act: 08/02/05 signed chap.402 |
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267 |
A6761B |
DiNapoli (MS) -- Provides
for fiscal audits of school districts, boards of cooperative
educational services and charter schools
BLURB : Comptroller audit powers
SUMM : Amd SS2116-a & 2854, Ed L; amd S33, Gen Muni L
Provides for fiscal audits of school districts, boards of
cooperative educational services and charter schools.
Eff. Date 07/19/2005
Last Act: 07/19/05 signed chap.267 |
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352 |
A8936 |
Rules (Sanders) -- Relates
to implementation of the federal individuals with disabilities
education improvement act of 2004
BLURB : Ed L. ind w/ disbltys edn imprvmn
SUMM : Amd Ed L, generally Relates to implementation of
the federal individuals with disabilities education improvement
act of 2004; authorizes the commissioner of education to
establish procedures for administrative appeals to resolve
interagency disputes over responsibility for provision of
special education programs.
Last Act: 07/26/05 signed chap.352 |
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53 |
S553E |
BUDGET -- Education, Labor
and Family Assistance
BLURB : Educ; Lab. & Fam. Assist
SUMM : Makes appropriations for the support of government
- Education, Labor and Family Assistance Budget.
Eff. Date 04/12/2005 (See Table)
Division of Budget
Last Act: 04/12/05 SIGNED CHAP.53 |
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37 |
S2521A |
MEIER -- Relates to
adjusting certain state aid payments to the Rome city school
district
BLURB : Rome city school dist; adj aid
SUMM : Relates to adjusting certain excess state aid
payments to the Rome city school district by reducing future aid
payments.
Eff. Date 05/17/2005
Last Act: 05/17/05 SIGNED CHAP.37 |
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57 |
S3667 |
RULES -- Enacts into law
major components of legislation necessary to implement the
education, labor and family assistance budget for the 2005-2006
state fiscal year
BLURB : ELFA education implem. language
SUMM : Amd various laws, generally Enacts into law major
components of legislation necessary to implement the education,
labor and family assistance budget for the 2005-2006 state
fiscal year; relating to minimum wage and creating the fair
wages task force, expenditure of moneys relating to the
Holocaust Resource Center of Queensborough CC; transfer of
functions, powers, duties and obligations of the department of
labor concerning employment programs for applicants for and
recipients of public assistance from the NYS department of labor
to the office of temporary and disability assistance; reports on
collaborative programs by CUNY; PINS; reimbursement of a portion
of the costs of social service districts for care provided to
certain foster children; extends provisions of TAP; NYS nursing
faculty scholarship program; regents licensed social worker loan
forgiveness program; authorizing transfers to the community
projects fund; school aid; effectiveness of certain chapters of
law relating to education; BOCES; allocation of aid to public
libraries; expenditures of the education department; school
budget revote; contributions to public retirement systems;
calculation and payment of state aid to school districts and
BOCES; special apportionment for salary expenses; establishes a
program of capital financing for public broadcasting systems;
use of moneys in the cultural education account; recovery of
excess state payments and school building projects; aid payments
to Kings park central school district; closure of correctional
facilities; authorized sale of certain transportation services.
Eff. Date 04/12/2005 (See Table)
Last Act: 04/12/05 SIGNED CHAP.57 |
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129 |
S5415 |
SALAND -- Relates to
extending the provisions of chapter 425 of the laws of 2002 and
chapter 101 of the laws of 2003
BLURB : Firearms schs. no child left beh
SUMM : Amd S4, Chap 425 or 2002; amd S5, Chap 101 of 2003
Relates to extending the provisions of chapter 425 of the laws
of 2002 (firearms at schools) and chapter 101 of the laws of
2003 (No Child Left Behind).
Eff. Date 06/30/2005
State Education Department
Last Act: 06/30/05 SIGNED CHAP.129 |
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308 |
S5424A |
SALAND -- Authorizes the
Beacon city school district to issue bonds and bond anticipation
notes to liquidate a projected accumulated deficit in its
general fund
BLURB : Beacon city SD deficit issue bnds
SUMM : Authorizes the Beacon city school district to
issue bonds and bond anticipation notes, up to $5,288,000, to
liquidate a projected accumulated deficit in its general fund at
the close of its fiscal year ending June 30, 2005; provides for
supervision by the state comptroller of the bond issuance and
budget processes.
Last Act: 07/26/05 SIGNED CHAP.308 |
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162 |
S5929 |
RULES -- Amends chapters
50, 53, 54 and 55 of the laws of 2005 relating to appropriations
for the support of government
BLURB : Amends budget chapters of 2005
SUMM : Amd Chaps 50, 53 & 54 of 2005 Amends chapters 50,
53 and 54 of the laws of 2005 relating to appropriations for the
support of government.
Eff. Date 07/03/2005 (See Table)
Governor's Program
Last Act: 07/03/05 SIGNED CHAP.162 |
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•Albany
•Amsterdam
•Auburn
•Batavia
•Beacon
•Binghamton
•Canandaigua
•Cohoes
•Corning
•Cortland
•Dunkirk
•Elmira
•Fulton
•Geneva
•Glen Cove
•Glens Falls
•Gloversville
•Hornell
•Hudson
•Ithaca
•Jamestown
•Johnstown
•Kingston
•Lackawanna
•Little
Falls
•Lockport
•Long
Beach
•Mechanicville
•Middletown
•Mount
Vernon
•New
Rochelle
•Newburgh
•Niagara
Falls
•N.
Tonawanda
•Norwich
•Ogdensburg
•Olean
•Oneida
•Oneonta
•Oswego
•Peekskill
•Plattsburgh
•Port
Jervis
•Poughkeepsie
•Rensselaer
•Rome
•Rye
•Salamanca
•Saratoga
•Schenectady
•Tonawanda
•Troy
•Utica
•Vernon
Verona Sherrill
•Watertown
•Watervliet
•White
Plains
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