What's happening
This bill validates past actions and waives penalties for late building cost reports by the Roscoe Central School District if certain conditions are met.
Why it matters
Prevents financial penalties. for the Roscoe Central School District by retroactively legalizing late or missing building cost reports, provided the oversight was an honest administrative error rather than intentional wrongdoing.
Ensures state funding continuity. for past building projects, so long as the education commissioner approves the late report and confirms that all funds were properly used for their intended purposes.
Allows for reimbursement. of any penalties already paid by the district, turning those payments into regular state aid if all the new requirements are met, which could help preserve local school resources.
Establishes a precedent. for addressing similar administrative oversights by other districts, potentially signaling a more flexible approach to bureaucratic deadlines when no fraud or misuse of funds is involved.
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Who cares
Headline styles
Forgive Roscoe School Report Delay
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Vetoed memo.369
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.358
- Substituted for A10454
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1461
Show 1 earlier action
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Forgive Late School Reports
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8178
IN SENATE
April 16, 2018
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT relating to validating certain acts by the Roscoe central school district relating to final building cost reports required to be filed with the education department
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law to the contrary, all acts done and proceedings heretofore had and taken, or caused to be had or taken, by the Roscoe central school district and by any of its officers or agents relating to or in connection with final building cost reports required to be filed with the education department for approved building projects completed prior to December 31, 2017, and all acts incidental thereto are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the time requirements for the approval and filing provisions of the education law or any other provision of law, rule or regulation, relating to any omissions, error, defect, irregularity or illegality in such proceedings had and taken.
§ 2. Notwithstanding section 24-a of part A of chapter 57 of the laws of 2013, and consistent with section one of this act, the commissioner shall not recover from the Roscoe central school district any penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012, provided that any amounts already so recovered shall be deemed a payment of moneys due for prior years pursuant to paragraph c of subdivision 5 of section 3604 of the education law and shall be paid to the Roscoe central school district pursuant to such provision, provided that such school district:
(a) submitted the late or missing final building cost report to the commissioner of education;
(b) such cost report is approved by the commissioner of education;
(c) all state funds expended by the school district, as documented in such cost report, were properly expended for such building project in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15164-01-8
S. 8178 2
accordance with the terms and conditions for such project as approved by the commissioner of education; and
(d) the failure to submit such report in a timely manner was an inadvertent administrative or ministerial oversight by the school district, and there is no evidence of any fraudulent or other improper intent by such district.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act relating to validating certain acts by the Roscoe central school district relating to final building cost reports required to be filed with the education department
Purpose or general idea of bill
Authorizes payment of building aid for certain approved building projects of the Roscoe Central School District
Summary of specific provisions
Section 1: Allows the Education Department to consider the final cost reports for Roscoe Central School as legalized, validated, ratified and confirmed for approved building projects completed prior to December 31, 2017 recognizing that the failure to submit the report in a timely manner was an inadvertent administrative or ministerial oversight.
Section 2: Provides that the Commissioner of the State Education Depart- ment shall not recover from the Roscoe Central School District any penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012, provided that any amounts already so recovered shall be deemed a payment for money due for prior years pursuant to paragraph c of subdivision 5 of section 3604 of the education law and shall be paid to the Roscoe Central School District pursuant to such provision.
Section 3: Effective date.
Justification
The Roscoe Central School District had two school building projects which had problems serious enough to require litigation between the school district, general contractor, and the general contractor's surety as well as the project architect and engineers. This led to significant delays in the completion of the project and receipt of the certificate of substantial completion. The school district sought, and successfully received, several extensions on filing the final cost reports for these projects. Unfortunately, there is no record at the New York State Educa- tion Department of the school district seeking or receiving a final necessary extension to file the final cost reports for these projects. As such the New York State Education Department has deemed the final cost reports as not being timely filed and has assessed the Roscoe Central School District a $1.4 million penalty.
Without full forgiveness of this penalty, the 238 students who attend Roscoe Central School and the district's taxpayers will be left holding the bag for a ministerial error made by a school district fighting ongo- ing legal battles over the project.
With our small, rural schools already facing the heavy burdens of limit- ed state aid, tax revenues and loss of enrollment and tax base, Roscoe Central School faces particularly significant cash flow problems that threaten its very operations if not addressed.
Prior legislative history
New bill.
Fiscal implications
$1.4 million final cost report penalty which will be forgiven.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.