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

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Diana M. Hinchcliff
SUBJECT:	2006 Regents Priority Legislation
DATE:	June 14, 2005
STRATEGIC GOAL:	1-6
AUTHORIZATION:

 

Summary

 

Issue for Discussion

 

          The Regents priority bills for the 2006 legislative session year.

 

Reasons for Consideration

 

          The Regents in 2005 identified 9 legislative issues for the 2005-2006 session. Two more were mandated by federal law. The Regents have proposed three new issues for 2006.

 

Proposed Handling

 

          The EMSC-VESID, Higher Education and Professional Practice, and Cultural Education committees will discuss and recommend priority legislative issues on June 20 and 21, 2005.  The recommendations will come before the full Board for final action on July 20 or 21, 2005.

 

Procedural History

 

          Each year, the Regents designate certain legislative issues for priority status. Those with fiscal impacts are proposed for inclusion in the Executive budget; the others are proposed for introduction during the legislative session. Before last year, recommendations for priority legislation were brought to the full Board. The Regents last year agreed to discuss and decide priority legislative issues through their committee process.

 

 

Background Information

 

          The Regents in 2005 approved a list of legislative priorities for the 2005-06 legislative session. The attached matrix shows the legislative history for each current priority, its respective Board committee, recommended changes and new priorities for 2006. A summary of each priority is also attached.

 

Recommendation

 

Each committee, after discussion, should recommend priority legislative items for the 2006 legislative year.

 

Timetable for Implementation

 

          Once the committees recommend their legislative priorities, the full Board will act on them at the July meeting. The priorities with a fiscal impact will be incorporated into the Department’s budget request to the Executive. The Regents will have the opportunity to advocate for including the fiscal items in the Executive’s budget proposal, the legislature’s budget proposal and the budget signed into law by the Governor. They will be able to advocate for the non-fiscal items during the 2006 session year.

 

         

Attachment

 

 

 

 

REGENTS PRIORITY LEGISLATION 2005-06

2006 RECOMMENDATIONS FOR COMMITTEE CONSIDERATION

 

 

Priority	Committee	When Regents First Adopted	When Legislature First Introduced	Highest Level of Action to Date and Notes
Recommended to be Carried Over
State Aid Proposal	EMSC-VESID	Adopted yearly	N/A	N/A
Streamlining School Planning & Reporting	EMSC-VESID	2004	2005	2005: Senate bill on floor; will be passed this session; no Assembly bill
School-based Health & Mental Health Clinics	EMSC-VESID	2003	2004	2005: Senate bill passed, in Assembly; Assembly bill in committee
New Century Libraries	Cultural Education	1998	1999	2000-2004: in committees at end of session. Note: Recommendation to separate components; see New Priorities
Upgrade Accountancy Scope of Practice	Professions/ Higher Education	1999	1999	1999-2004: in committees at end of session. 2005: final status to be determined.
Increased Access to College for Students with Disabilities	Professions/ Higher Education	2001	2002	2002-2004: in committees at end of session. 2005: final status to be determined.

 

 

REGENTS PRIORITY LEGISLATION 2005-06

2006 RECOMMENDATIONS FOR COMMITTEE CONSIDERATION

 

 

Priority	Committee	When Regents First Adopted	When Legislature First Introduced	Highest Level of Action to Date and Notes
Recommended to be Carried Over (cont.)
Federal Mandate: NCLB Amendments	EMSC-VESID	2005	2005	2005: Should be passed this year.
Federal Mandate: IDEA amendments	EMSC-VESID	2005	N/A	Not introduced yet. SED staff meeting with legislative staff to explain provisions.
Recommended to be Dropped for 2006
Nursing Faculty Scholarship Program	Professions/ Higher Education	2004	N/A	2005: Version of Regents priority included in 2005-06 state budget
Amendments to Charter School Law	EMSC-VESID	2005	N/A	No support in legislature.
Retired Public Employees in Teaching	Professions/ Higher Education	1999	2002	No support in legislature.

 

 

REGENTS PRIORITY LEGISLATION 2005-06

2006 RECOMMENDATIONS FOR COMMITTEE CONSIDERATION

 

 

Priority	Committee	When Regents First Adopted	When Legislature First Introduced	Highest Level of Action to Date and Notes
New Recommendations
Early Childhood Education: full-day kindergarten for age 5	EMSC-VESID			Per committee discussion item; would be included in State Aid proposal
Fee for Institutional Accreditation	Professions/ Higher Education			Was a departmental proposal; upgraded by Regents
Fingerprinting State Museum Employees	Cultural Education			Needed for security purposes.
NOVEL & Library Construction Aid	Cultural Education			Propose only these two pieces; may be combined into one bill

 

 

 

 

 

SUMMARY OF

2006 RECOMMENDATIONS FOR REGENTS PRIORITY LEGISLATION

 

 

Carried Over

 

State Aid Proposal

          The Regents State Aid proposal for 2006 would ask for adequate resources through state-local partnerships so all students have the opportunity to achieve state learning standards.  This would be the third year of a multi-year initiative recommending transition to a foundation program based on the cost of educating students in successful school districts.

Issue: The legislature has not been inclined to support a foundation formula.

 

Streamlining School Planning & Reporting

          This proposal would streamline planning and reporting requirements for school districts and BOCES by reducing duplicative and burdensome separate reporting systems. Existing requirements would be replaced to the extent practicable with comprehensive, streamlined systems based on comprehensive data collection and planning and consistent with current systems of student accountability. The result would be streamlined systems aligned with the expectations inherent in a results-oriented, standards-based education system.

          Status: The Senate will pass this bill this session. Its fate in the Assembly this year is undecided at this time.

 

School-based Health & Mental Health Clinics

          This proposal would allow school space to be used for health, dental and mental health clinics operated by entities other than the school district. The board of education in each district would have to approve this arrangement. Education Law Section 414 would be amended to: provide express authorization for all school districts to use school space for this purpose; prohibit the use of school district building aid to construct space specifically for this purpose; and require Department of Health and Office of Mental Health standards for school-based services be applied.

          Status: May be passed this year. Senate bill has passed, is in the Assembly. Assembly bill will move through committees and onto the floor.

 

Accountancy Scope of Practice (CPA bill)

Would update the public accountancy statute for the first time since 1947. Revisions would include: clarifying services deemed to be within the scope of professional practice; overseeing the practice of peripheral services by licensees within business corporations; requiring that all licensees and firms that provide professional services to the public be registered; the authority to conduct firm inspections; and an enhanced mandatory quality review program. 

          Status: Bill began as a scope of practice amendment; grew into a larger bill. Major differences between SED, Big 4 accounting firms and AG over key provisions.

 

Increased Access to College for Students with Disabilities

            Would establish a $15 million funding program to improve access for students with disabilities to more postsecondary institutions and their services.

           Status: Possibility this may be passed this year. In the finance committees in both houses.

 

Federal Mandate: NCLB Amendments

          Must amend Education Law to remove sunsets on certain provisions.

           Status: Bill is in both houses. Fate is undecided at this time.

 

Federal Mandate: IDEA Amendments

            Must amend Education Law to conform to the reauthorized IDEA.

            Status: SED bill not introduced as yet. Changes are complicated. SED staff has been meeting with legislative staff to explain amendments.

 

 

Eliminate

 

Nursing Faculty Scholarship Program

            Would provide 100 scholarships of $15,000 each for up to five years in each of two successive years. 

            Status: Version of this bill was included in the enacted budget.

 

Amendments to Charter School Law

          Would extend charters for up to 10 years and allow schools to finance through Dormitory Authority.

          Issue: There is no support in the legislature for this proposal.       

 

Retired Public Employees in Teaching & Leadership

          Would: eliminate the salary cap in the retirement and Social Security laws to allow retired public employees who hold or will hold an appropriate school certificate to be employed in teaching and educational leadership; limit the length of time a retired public employee can participate; and sunset the law in five years so its impact and effectiveness can be determined.

          Issue: There is no support in the legislature for this proposal.

 

New Century Libraries

          A $107 million comprehensive legislative proposal to provide services that strengthen services of public, research and school libraries in every part of the state.

          Issue: There has been no support in the legislature for this proposal.  The recommendation this year is to propose only two pieces: NOVEL at $14 million and library construction aid at $30 million.

 

New Recommendations

 

Early Childhood Education: Full-day Kindergarten for Age 5

          Per discussion in EMSC-VESID Committee. Would be included in state aid proposal.

 

Fee for Institutional Accreditation

          Would allow SED to charge a fee for accreditation, similar to other accrediting organizations. This was a departmental proposal; upgraded by Regents through OP/OHE Committee.

 

Libraries: NOVEL and Construction Aid

          Would focus on two critical financing pieces for libraries: $14 million for NOVEL and $30 million per year from FY2007-07 through FY2010-11 for a construction matching grant program.

 

Fingerprinting State Museum Employees

          Would institute fingerprinting as a security measure.