Introduction
One major issue, which surfaced at the 2002 DCSBA Legislative
Brunch, was the need to identify ways Dutchess County Board of Education
members might carry out effective lobbying activities with New York
officials. The general consensus was that our efforts to facilitate
changes we believe are needed to education law have not had a strong
impact because we have not gained the full attention of our representatives
in Albany. During the Spring Summer and Fall 2002 DCSBA Executive
Committee members created the concept for a “Dutchess County
Legislative Report”, which would be one new initiative to
increase the effectiveness of our lobbying efforts.
Purposes
The primary purpose of our effort is to make our legislators and
our public aware of our interest and participation in the legal
process, which affects the education of the children we represent.
The specific purposes of the “Annual Law Review” are
to
- Identify the new laws of particular interest to Dutchess County
Board of Education members,
- Bring them to the attention of our legislators, and
- Share our results with board of education members throughout
the County.
Rating System
A three-part rating system has been adopted for use in providing
attention on the laws of particular interest to Dutchess County
board of education members.
- Part I will include a listing of the new laws, which we believe
will have a positive impact on education. We are thankful for
the efforts of our representatives and wish them to know so.
- Part II will include a listing of new laws, which we believe
will have one or more negative impacts on education. We shall
explain our position for each of these.
- Part III will include a listing of new laws, which we believe
may bring undesirable consequences to education. We shall explain
our position for each of these.
Results of the 2002 Annual Law Review
DCSBA Executive Council members reviewed the new laws for 2002
listed on the NYSSBA Internet Site and selected twenty-two (22),
which are of particular interest in Dutchess County. Each of the
Parts in our rating system was represented in 2002:
Part I – 16 Laws
Part II - 3 Laws
Part III –3 Laws
Part 1 - We noted with appreciation that each of our six representatives
voted for each of the 22 laws. Sixteen of the new laws we believe
are important and positive listed in Table 1.
We are thankful for the efforts of our representatives and wish
them to know so.
Part 2 - Our primary issue with their votes on the AED laws listed
on Table 2 are that the Laws are new unfounded
mandates. We have always objected to unfounded mandates and will
continue to do so. While we wish to note that we sincerely appreciate
the efforts of Senator Saland, who secured the funded needed to
purchase cardiac automated external defibrillators for schools in
his district, we need to share that we must still pay for the training
costs associated with the new requirement. We also believe it was
a serious error to enact charter 481. We believe this ill-advised
legislation solves no legitimate problem and could harm fund performance,
increasing employer contribution rates.
| Table
1 – DCSBA Position: Category I - Enacting the laws shown
below was a needed action, which support of our children’s
education - Thank you for your efforts. |
| Charter |
Topic |
Summary |
| 69 |
Provides optional early retirement incentives |
Provides a retirement incentive for certain
public employees at the discretion of the local board of education;
creates a 90 day window for employees 55 years of age with 25
years of service to retire without penalty |
| 104 |
Education |
Extends the provisions of chapter 698 of
the laws of 1996 relating to contracts for the transportation
of school children from June 30, 2002 until June 30, 2007. |
| 124 |
Extends investment options |
Extends for three years ability of local
governments to make short-term investments in obligations of
the United States; also extends ability to invest reserve funds
of local governments in obligations of school or fire districts
that established the fund. |
| 158 |
Relaxes certified school district requirements |
Makes it easier for school districts to become
state certified by ORPS for the apportionment of school taxes.
Further repeals section 1315 of the real property tax law, which
allows for the apportionment of school taxes based upon assessed
valuation in certain school districts that have applied for
certification by the state board of real property services. |
| 254 |
Increases the penalties for overtaking
and passing a school bus |
Increases a second conviction to range from
$500 to $1,000; increases third conviction fine to $1,000 to
$1,500; and changes length of imprisonment from between 10 and
180 days. |
| 310 |
Increases allowable earnings |
Increases the maximum post-retirement earnings
of public employees for the year from $20,000 to $25,000 in
2003. |
| 408 |
Requires I.E.P. notice |
Requires that each regular education teacher,
special education teacher, assistant, and related service provider
responsible for implementing a child's individualized education
program be supplied with a copy of such child's individualized
education program and that such teacher, assistant and staff
person be advised as to his or her responsibility in helping
to implement that program. |
| 425 |
Conforms to No Child Left Behind Act
of 2001 |
Amends the state education law to conform
to certain provisions of the federal No Child Left Behind Act
of 2001 |
| 472 |
Bus attendant training |
Requires school bus attendants to receive
training relating to the special needs of pupils with a handicapping
condition; provides that in addition, school bus attendants
shall be required to pass a physical performance test. |
| 474 |
Decreases public re-employment rate |
Decreases the age at which retired public
employees can reenter public service without any earning limit
and without diminution/loss/suspension of retirement benefits
from 70 to 65 for purposes of the NYS & local employees'
retirement system and the NYS & local police and fire retirement
system |
| 521 |
Environmental Conservation Law |
Prohibits the use of chromated copper arsenate
pressure treated lumber in the construction of any new structure
in a public playground; requires districts to seal existing
structures to minimize leaching of chromated copper arsenate;
directs the commissioner of environmental conservation to publish
information on the dangers of chromated copper arsenate pressure
treated lumber, alternative materials which may be used instead
of such pressure treated lumber and methods and materials to
be used to maintain structures constructed from such pressure
treated lumber so as to minimize leaching of chromated copper
arsenate. |
| 556 |
Creates special equalization rates |
Creates a special equalization formula for
counties to apply to cities and towns when determining county
and school district tax apportionment which balances the local
real property tax rate as calculated by the assessor and the
market value rate as applied by the state office of real property
services |
| 563 |
Grants speed zone flexibility |
Provides for greater flexibility in the hours
school speed zones are in effect and the boundaries established
for school speed zones |
| 608 |
Authorizes PILOTS |
Allows a county, city, town, village, or
school district, except certain city school districts, to contract
for payments in lieu of taxes for solar or wind energy systems
installed |
| 658 |
Education Law |
Permits qualified non-citizen immigrants
who are permanent residents to become permanently certified
teachers if they meet the requirements for permanent certification
other than citizenship; sunsets 5 years after the effective
date. |
| 682 |
Expands contingent expenses |
Includes school cafeteria programs within
the meaning of ordinary contingent expenses for school districts
thus allowing cafeteria services to continue if a proposed budget
is not adopted |
| Table
2 – DCSBA Position: Category II - Enacting the laws shown
below was an inappropriate action in our view. |
| Charter |
Topic |
Summary |
Our Position |
| 60 |
Education Law |
Requires certain public school facilities
to retain on premises at least one cardiac automated external
defibrillator (AED) and to provide staff trained in its proper
operation and use. |
Although our legislators have provided
member items to districts for the purchase of AED’s, no
state funding has been made available for training personnel
to respond to emergencies at school functions. |
| 61 |
Education Law |
Relates to requiring school districts, boards
of cooperative educational services, county vocational education
and extension boards and charter schools to retain on premises
at least one functional cardiac automated external defibrillator
(AED); further provides that where a school-sponsored competitive
athletic event is held at a site other than a public school
facility, the public school officials shall ensure that an AED
is provided on-site. |
Same as Charter 60 above. |
| 481 |
Grants NYSUT special authority on TRS
Board |
Requires the concurrence of one active teacher
representative in order for the Teachers’ Retirement System
Board to adopt, amend or repeal any administrative rule or regulation |
This ill-advised legislation solves no
legitimate problem and could harm fund performance, increasing
employer contribution rates. |
| Table
2 – DCSBA Position: Category III - Enacting the laws shown
below has raised concerns, which we wish to share. |
| Charter |
Topic |
Summary |
Our Position |
| 70 |
Prohibits benefit reduction |
Extends for one year the prohibition against
school districts and BOCES from reducing retiree health insurance
benefits unless a corresponding diminution of benefits can be
negotiated with the current bargaining unit. |
This is an issue of local control. District
policies relating to benefits are contained within negotiated
contracts. Unless the State is prepared to cover retiree insurance
costs, this is a subject best left in local hands. |
| 91 |
Education Law |
Enacts Mayoral Control of New York City schools.
Provides for the reorganization of the NYC school construction
authority, city board of education, and community boards of
education; gives greater powers to the mayor and the chancellor;
establishes a task force on community school district governance
reform. |
While the NYC school system has documented
problems, the amount of control accorded here to the executive
branch is troubling for many school board members. It remains
to be seen whether the highly political nature of the Mayer’s
office can effect real change for the students of NYC. |
| 231 |
Education |
Amends effective date of chapter 217 of the
laws of 2001 relating to requiring safety devices on electrically
operated partitions in schools. Districts certifying to the
Commissioner their inability to comply are exempt between December
31, 2002 and June 1, 2003. |
Chapter 217, while a well-intentioned
health and safety issue, was enacted, without any consideration
given to the primary need for partitions for the feasible time
frame for compliance. Again, this mandate is unfounded. |
|
