Recent Legislation



Recent Legislation

New York State

The New York State PTA found little action occurred during the 2004-2005 Legislative session on matters relating to “PTA Issues Priorities.” However, New York State did enact several laws that affect school districts and child safety.

Chapter 260 (A.5209) – “The Child Safety Act,” requires children’s camps to consult the sex offender registry for job applicants.

Chapter 261 (A.5745) – Allows at local option a ten percent exemption of school taxes for volunteer firefighters and ambulance workers.

Chapter 263 (A.6082-B)– Ensures auditors report to members or trustees of a school district, and requires a minimum of six hours of training for school board members for terms beginning on or after July 1, 2005 on their financial oversight, accountability and fiduciary responsibilities.

Chapter 295 (S.2952-A) – Establishes in statue the Stony Brook University Cody Center for Autism and Developmental Disabilities at Stony Brook University.

Chapter 314 (A.88-A) –The law expands the selection option and eliminates the need for a student to be age eighteen when selected as an ex officio member on a school board of education.

Chapter 318 (A.2664) - Amends the correction law to now include any aliases used by level II and level III sex offenders.

Chapter 319 (A.2767-C) – Allows school nurses to maintain extra inhalers on school grounds so students with diagnosed asthma can have access to other inhalers in case of an asthmatic attack.

Chapter 447 (A.6146) – Enhances the safe transportation of children with disabilities. Every omnibus used to transport children of any age with disabilities must maintain on hand certain information including contact data, nature of the child’s medical disability, emergency health care data, name telephone number of student’s physician parent guardian, or designee in case of an emergency, and any other information deemed necessary by the local school system.

Chapter 559 (S.2812) – Brings the New York State Teachers’ Retirement System in compliance with the requirements of the federal Older Workers’ Benefit Protection Act relating to death and disability benefits.

Education News

Federal Audits

Feds want school data: Multiple agencies request financial info from several LI school districts to review expenditures (Schuster, Karla. 20 Aug. 2005)

Newsday reports that a number of federal agencies, including the U.S. Departments of Education and Justice are planning to review Long Island school districts’ financial information.



Grade 3 – 8 ELA and Mathematics

The NYS Education Department’s website provides information on the Grade 3 – 8 ELA and Mathematics exams testing dates, when score reports are available to schools, and a parent’s guide.

emsc.3-8/home.html

Chapter 453 (A.7421) – Staring on September 1, 2007, school buses using fuel other than diesel that transport students who use wheelchairs or other assistive mobility devises are required to equip vehicles with an automatic fire extinguishing system.

Chapter 603 (S.2707-C) – Prohibits the administration of any vaccine that contains more than a trace amount of mercury to children under age three and pregnant women with the exception of certain circumstances.

Chapter 608 (S.3025-A) – Requires frozen desserts trucks install a front crossing arm to ensure children would not be able to venture into the roadway unless they were a safe distance in front of the truck.

Washington, D.C.

Daylight-Saving Extension to Become Law

This summer President Bush signed into law a comprehensive energy bill. The measure extends daylight-saving time an additional four weeks beginning on the second Sunday in March 2007 and ending on the first Sunday in November.

In 1974, the National PTA adopted a resolution opposing the extension of daylight-saving time into winter months due to the increased danger of traveling to school in dark hours. In response to the new law, the National PTA requested congressional conferees consider a study of the ramifications effecting schoolchildren’s safety, as the children will be traveling to school while it is still dark.



U.S. Constitution Awareness – “Constitution Day”

The final signing of the United State Constitution was on September 17, 1787. In 2005, through a Congressional mandate, and for the first time in history, all public schools and colleges will conduct educational programs on or around the date to commemorate this occasion.

Child Nutrition and WIC Reauthorization Act of 2004

Starting after June 30, 2006, school districts with federally funded school meal programs must implement wellness policies that address nutrition and physical activity.

Flu Protection Act of 2005

The Flu Protection Act of 2005 is a comprehensive approach to prevent future vaccine shortages, and prepare the nation for a potential flu pandemic. The law will remove economic disincentives for manufacturers to produce ample supplies, fiscal incentives to encourage domestic production, increase public awareness, and provide funding for research into improved vaccine technologies.

Campaign for Fiscal Equality

The Legislative Advocacy Bulletin of the New York State PTA reports the lawsuit brought by the Campaign for Fiscal Equity is back in the courts. Governor Pataki appealed the decision ordering the Legislature to come up with an equitable funding plan that addresses the need for reform in state education funding. The July 2003 decision gave the Legislature until July 2004 to propose a remedy to inequities found in aid distribution. After Governor Pataki’s Zarb Commission and the CFE conducted exhaustive costing out studies that relied on differing methodologies, the Legislature failed to enact a reform plan by the deadline. The most recent appeal is based on a constitutional argument that the judiciary cannot mandate that either the executive or the legislative branch follow a certain course of action. All legislative activity on school funding is currently stalled until the Court of Appeals rules on this matter. (Caro, Carla. What’s Happening In Albany. August 2005.)

CFE Ruling Does Not Bind Legislature. David Schoenbrod offers another look at the most recent legal wrangling between the government and the Campaign for Fiscal Equality in a policy briefing issued by the Empire Center for New York State Policy.

New York State PTA Resolutions

Here are some resolutions previously adopted by the NYS PTA that carried into 2005.

Underage Access Resulting from the Direct Shipping of Alcoholic Beverages

It is illegal for anyone under age 21 to possess alcohol. Young people have successfully purchased and received alcohol from Internet suppliers. Current laws are not adequate to stop the flow of illegal sales.

Marijuana

NYS PTA opposes the legalization of marijuana but acknowledges the possibility of future FDA recognition of marijuana as an effective prescription medicine.

Fines and/or Services for Vandalism

Vandalism of school property is a continuing problem. Collaboration between law enforcement and the school community is vital to addressing this issue. Community service, as well as restitution to the extent possible, will benefit the schools, and will help educate students and parents by providing an appropriate consequence to school vandalism.

Fair Housing

Access to fair housing remains difficult for many families in New York, especially those with children, those headed by a single parent, those of lower socio-economic status, and those including handicapped or disabled persons. Continued education about the right to equal access to housing, as well as enforcement of existing housing law, remains a pressing need.

Absentee Notification Procedures

The present New York State Education Law 3212 Sections c, d pertains only to absentee notification for elementary school parents. Legislation should be expanded to include parents/guardians, K-12.

Participation in Decision-Making

PTA’s must continue to provide training and information in order to be knowledgeable about educational issues and active participants in shared decision-making committees.

Equitable Distribution of State Aid

Reform of school aid distribution formula remains stalled. Currently, the CFE (Campaign for Fiscal Equity) decision has been appealed by the Governor. The NY State Legislature will not consider any of the various proposals to reform school aid distribution until a decision is handed down on that appeal. PTA must continue to monitor this issue and to advocate for equitable distribution in any plan developed.

Awareness of Medication Management in Schools

New York State Education Department Guidelines for Administration of Medication in Schools advised that any medication needed by non-self-directed students must be given by a registered professional nurse (RN), or by a licensed practical nurse under the direction of a registered professional nurse.

Ban of Standardized Testing of Young Children

Children below the third grade are developing at different rates and are unfamiliar with test taking procedures and test formats. National PTA and the NYS PTA strongly believe that children of this age should not be given standardized tests or assessments unless it is for specific “screening” for educational purposes. Parents should become aware, informed and educated about developmentally appropriate assessments. Therefore, this resolution should be retained.

Identifying Unsafe School Crossings on State Owned Roads

This resolution supports passage of legislation that would allow the NYS DOT (Department of Transportation) to use funds to install traffic control devices in areas where school driveways intersect with state county or local roads. School Driveways are considered private property and for that reason the DOT may not pay for this installation of these devices. The law has not been changed. Therefore, the resolution needs to be retained.

For more information go to:

NYS Board of Regents

|Year Entering Grade 9 |# Regents Exams With |

|(September) |A Score of 65 |

|2005 |2 |

|2006 |3 |

|2007 |4 |

|2008 |5 |

The NYS Board of Regents has implemented higher standards for attaining a Regents diploma. A four-year phase in of the 65 passing score for general education students on required Regents exams began September 2005. Students entering grade 9 in: 2005 will be required to pass two Regents exams with a score of 65; 2006 are required three Regents exams with a score of 65; 2007 need four Regents exams with a score of 65; and 2008 must pass five Regents exams with a score of 65. Local school boards have the option of awarding local diplomas for scores in the 55-65 range during the phase in period. Students with disabilities will have a safety net by passing the Regents Competency test if they cannot achieve a score of 65 on exams.

Link to June materials:

New Releases

HELPING KIDS, SAVING MONEY: How to Reform New York’s Special Education System Researchers Jay P. Greene and Marcus A. Winters of the Manhattan Institute for Policy Research recently published a report on special education that addresses costs and enrollment methods.



Education Myths: What Special-Interest Groups Want YOU to BELIEVE About our Schools- AND WHY IT ISN’T SO. Authors Jay P. Greene and Marcus A. Winters’ provide a sample of their new book in a September 7, 2005, article on the National Review Online.



Community and Government

Katrina Relief Organizations

National PTA is taking steps to provide communities affected by the hurricane with relief and needed supplies, and to inform concerned communities how they can help.



American Red Cross

1-800-HELP-NOW

America’s Second Harvest

1-800-344-8070

Federal Laws and Legislation Look Up



New York State Laws and Legislation Look Up



Register to Vote

Suffolk County Board of Elections

(631) 852-4500

Who Represents Me – Long Island:

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DMS PTA Legislative Report available on line at:

-Victoria Abbondola-Waldstein, Legislative Chair-

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