1995-32
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Cite as N.Y. Op. Att'y Gen. No. 1995-32
1
GENERAL MUNICIPAL LAW § 805-a.
The receipt of a tuition waiver or stipend by a school
district employee in return for assisting a college student in
meeting his or her student teaching requirement does not violate
section 805-a of the General Municipal Law.
June 27, 1995
John B. Hogan, Esq.
Informal Opinion
Windsor Central School District
No. 95-32
P. O. Box 660
Binghamton, NY 13902-0660
Dear Mr. Hogan:
You have asked whether the acceptance by a teacher of a
tuition waiver or cash stipend in return for assisting a college
student in completing his or her required practice teaching is a
violation of section 805-a of the General Municipal Law.
You have explained that in order for an undergraduate
student to receive a teaching degree, it is necessary for the
student to practice teaching. Arrangements are made between a
college and a school district. You indicate that the teacher
assigned the student has in the past received a tuition waiver
which could be used to take courses at the college and now the
college has decided to give the teacher the option of receiving a
monetary stipend or a tuition waiver. Your question is whether
either form of compensation is a violation of section 805-a of
the General Municipal Law.
Under section 805-a, municipal (includes school district)
officers or employees are prohibited from directly or indirectly
soliciting gifts in any form having a value of $75 or more
under circumstances in which it could reasonably be inferred that the
gift was intended to influence him, or could reasonably be expected
to influence him, in the performance of his official duties or was
intended as a reward for any official action on his part.
General Municipal Law § 805-a(1). Other provisions of
section 805-a prohibit disclosure of confidential information by
municipal officers and employees and, generally, prohibit
municipal officers and employees from entering into certain
agreements for compensation for services in relation to matters
before a municipal agency.
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It seems clear that the practice teaching arrangement you
have described does not fall within any of the section 805-a
proscriptions. It is a payment by the college for services
rendered by the teacher. There is no attempt to influence the
teacher in his or her governmental decision-making, nor is it a
reward for such a decision. This is true whether the
compensation is in the form of a stipend or tuition credits. The
provisions of section 805-a generally are intended to prohibit
the influencing of municipal officers and employees in the
performance of their governmental duties. Here, the school
district employee performs professional services to assist a
college student in meeting his or her practice teaching
requirement.
We conclude that the receipt of a tuition waiver or stipend
by a school district employee in return for assisting a college
student in meeting his or her student teaching requirement does
not violate section 805-a of the General Municipal Law.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions