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Meeting of the Board of Regents | October 2007

Wednesday, October 10, 2007 - 11:20pm

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Johanna Duncan-Poitier

SUBJECT:

Proposed Amendment to the Regulations of the Commissioner Relating to Maintenance of Effort in Certain Cities

DATE:

October 10, 2007

STRATEGIC GOAL:

Goals 1 and 2

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Action

 

Should the Board of Regents adopt as a permanent rule the proposed addition of section 170.13 to the Regulations of the Commissioner relating to maintenance of effort in certain cities?

 

Reason(s) for Consideration

 

Required by State statute.

 

Proposed Handling

 

The proposed amendment was adopted as an emergency measure at the July Regents meeting and will come before the Board of Regents in October for adoption as a permanent rule.  A second emergency adoption is also necessary at the October meeting to ensure that the July emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule.  A statement of the facts and circumstances which necessitate emergency action is attached. 

 

Procedural History

 

The proposed amendment was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.

 

Background Information

 

              Education Law section 2576(5-b), as added by the 2007-08 State Budget (section 9 of Part B of Chapter 57 of the Laws of 2007), requires each school district in cities having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants to maintain their fiscal effort in support of education.  The statute requires the Commissioner to establish by regulation the definition of state and private sources over which the city has no discretion and which are to be excluded from the calculation of city funds subject to the maintenance of effort requirement, thus ensuring that the requirement pertains only to funds over which the cities have control.

             

Recommendation

 

Staff recommend that the Regents take the following action:

 

VOTED:  That section 170.13 of the Regulations of the Commissioner be added as submitted, effective November 15, 2007, and it is further

 

VOTED:  That section 170.13 of the Regulations of the Commissioner be added as submitted, effective October 29, 2007 as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the July Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

 

Timetable for Implementation

 

              The proposed amendment was adopted as an emergency measure at the July Regents meeting, effective July 31, 2007.  The July emergency rule will expire on October 28, 2007.  The second emergency action will become effective on October 29, 2007.  The permanent adoption of the amendment will become effective November 15, 2007.

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED ADDITION OF SECTION 170.13 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO EDUCATION LAW SECTIONS 101, 207, 305, 2576(5-b) AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO MAINTENANCE OF EFFORT IN CERTAIN CITIES

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ADOPTION

              The proposed amendment is necessary to implement Education Law section 2576(5-b), as added by Chapter 57 of the Laws of 2007, to require maintenance of local effort by certain specified school districts. 

              Education Law section 2576(5-b) requires each school district in cities having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants to maintain their fiscal effort in support of education.  The statute requires the Commissioner to establish by regulation the definition of state and private sources over which the city has no discretion and which are to be excluded from the calculation of city funds subject to the maintenance of effort requirement, thus ensuring that the requirement pertains only to funds over which the cities have control.

              The proposed rule was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007, in order to immediately establish a definition of "city funds" for purposes of determining the fiscal maintenance of effort requirement in Education Law section 2576(5-b), including state and private funding sources over which the city has no discretion and which are to be excluded from the calculation of city funds subject to the maintenance of effort requirement, so that school districts subject to such requirement may timely align their budgets to comply with the statute's requirements for the 2007-2008 school year.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.

              The proposed rule has been adopted as a permanent rule at the October 22-23, 2007 Regents meeting.  Pursuant to the State Administrative Procedure Act section 203(1), the earliest the adopted rule can become effective is upon its publication in the State Register on November 14, 2007.  However, the July emergency rule will expire on October 28, 2007, 90 days after its filing with the Department of State on July 31, 2007.  A lapse in the rule's effectiveness could disrupt determinations of fiscal maintenance of effort pursuant to Education Law section 2576(5-b).  A second emergency adoption is therefore necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the July Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 101, 207, 305, 2576(5-b) and Chapter 57 of the Laws of 2007

              Section 170.13 of the Regulations of the Commissioner of Education is added, effective November 15, 2007, as follows:

§170.13  Definition of  "city funds" for purposes of determining maintenance of effort for cities having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants pursuant to Education Law section 2576(5-b).

              For purposes of this section and Education Law section 2576(5-b), "city funds" shall mean funds of each city having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants derived from any source except:

              (a)  funds contained within the capital budget;

              (b)  funds from county sales tax revenues shared with such city;

              (c)  funds derived from any federal source; and

              (d)  funds derived from any state or private sources over which the city has no discretion, including:

              (1)  gifts for specific purposes;

              (2)  grants in aid for specific purposes; or

              (3)  insurance proceeds authorized pursuant to Education Law section 1718(2) in addition to that which has been previously budgeted.

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 101, 207, 305, 2576(5-b) and Chapter 57 of the Laws of 2007

              Section 170.13 of the Regulations of the Commissioner of Education is added, effective October 29, 2007, as follows:

§170.13  Definition of  "city funds" for purposes of determining maintenance of effort for cities having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants pursuant to Education Law section 2576(5-b).

              For purposes of this section and Education Law section 2576(5-b), "city funds" shall mean funds of each city having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants derived from any source except:

              (a)  funds contained within the capital budget;

              (b)  funds from county sales tax revenues shared with such city;

              (c)  funds derived from any federal source; and

              (d)  funds derived from any state or private sources over which the city has no discretion, including:

              (1)  gifts for specific purposes;

              (2)  grants in aid for specific purposes; or

              (3)  insurance proceeds authorized pursuant to Education Law section 1718(2) in addition to that which has been previously budgeted.