NYCL AGO 95-32.

• Case Date: June 27, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-32. June 27, 1995Informal Opinion No. 95-32John B. Hogan, Esq. Windsor Central School District P. O. Box 660 Binghamton, NY 13902-0660GENERAL 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.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)...