What's happening
This bill forgives the Spackenkill school district’s late filing of a building cost report and prevents related penalties.
Why it matters
Protects Spackenkill school district’s state funding. by ensuring it does not lose reimbursement or aid due to a late cost report, which could otherwise have significant budget impacts on local education services.
Prevents retroactive penalties for administrative mistakes. as long as the delay was unintentional and not due to fraud or misconduct, promoting fairness for school districts that make honest errors.
Requires accountability and proper use of funds. by mandating that the late report be submitted, approved, and show that all state funds were properly spent, maintaining oversight despite the filing delay.
Sets a precedent for similar cases. by showing that the legislature can intervene to forgive administrative oversights when no harm or fraud is found, potentially influencing how future late filings by school districts are handled.
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Who cares
Headline styles
Validate Spackenkill School Projects
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A4069
- Ordered to third reading cal.1337
- Committee discharged and committed to rules
- Notice of committee consideration - withdrawn
- Notice of committee consideration - requested
- Print number 1239a
- Amend and recommit to education
- 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 Spackenkill Filing Lapse
Signed by Governor · Sponsor Didi Barrett
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1239--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to legalize, validate, ratify and confirm the actions of the Spackenkill union free school district notwithstanding the failure to timely file final building cost reports 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 Spackenkill union free school district and by any of its officers or agents relating to or in connection with final building cost reports for an approved capital construction project designated by the department of education as project number 0-005-016 completed prior to December 31, 2012, 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 Spackenkill union free school district any penalty arising from the late filing of a final cost report for an approved capital construction project designated by the department of education as project number 0-005-016 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00017-03-9
S. 1239--A 2
and shall be paid to the Spackenkill union free 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 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 to legalize, validate, ratify and confirm the actions of the Spackenkill union free school district notwithstanding the failure to timely file final building cost reports with the education department
Purpose
To forgive a penalty levied on the Spackenkill Union Free School District for filling a late final cost report.
Summary of provisions
Section 1: Legalizes, validates, ratifies and confirms the actions of the Spackenkill Union Free School District regardless of the failure of such district to timely file final building cost reports that were required to be filed with the Education Department before December 31, 2012.
Read the full memo (764 words)
Section 2: Provides that the Commissioner of the State Education Depart- ment shall not recover from the Spackenkill Union Free 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 Spackenkill Union Free School District pursuant to such provision.
Section 3: Provides the effective date.
Justification
Spackenkill Union Free School District, a NYSED nominated Blue Ribbon School, was assessed a penalty of $9,603,719 due to filing a final building cost report after the deadline at the end of 2012 despite the fact that their EXCEL grant money was not disbursed until March of 2015.
The penalty levied on the school district is nearly equal to the state aid received by the district, and is excessive given the modest size of the school.
The Spackenkill Union Free School District voters approved a $13,934,000 project for renovations and an addition to Spackenkill High School in 2009. The architectural firm enlisted for the project filed Certificates of Substantial Completion forms with Facilities Planning in 2010 and 2011. In February 2015 the district's business manager, requested in writing an extension to file the Final Cost Report (FCR) because the district could not close out the project because the EXCEL money from the Dormitory Authority had not been received, and the district was negotiating with three vendors over billing and work performance.
One month later in March 2015, the Business Manager received correspond- ence that the EXCEL payment would be made to the district. In June 2016, the school's former Superintendent signed the Final Cost Report and it was submitted to Facilities Planning.
In February 2018, the current Superintendent and Business Manager were made aware of the building aid penalty. The superintendent went to the Facilities Planning web site upon learning of this issue and could find little to no information on the project or any indication of lateness. The superintendent contacted the State Department of Education and learned of the penalty. The district was told that this penalty would be amortized over several years and have estimated that the annual penalty would be almost $1,000,000 per year on the $46,000,000 school budget.
The district is in receipt of correspondence indicating that the FCR was due by June 30, 2013. This date does not acknowledge that the project could not be closed out until EXCEL money was received in 2015. No other correspondence or warning was given to the district, a point exasperated by the fact that the district chose the expedited review process for the current capital project that was passed in December 2017. At no time during this planning and approval process for this project did state officials indicate that the FCR was late from a prior project. The district paid the additional money for an expedited review in January 2018, but was told that the check was never received. The district later learned that the check was applied to another district's filing.
While the 2018-19 state budget included critically important provisions that will reduce the district's penalty modestly, the district will still be required to pay back millions. This legislation would forgive the remaining amount of the penalty to help preserve the high quality educational programs that the district has worked to create and main- tain.
The district understands the need for accountability and established deadlines in this process, however to levy such a severe penalty against a district for what amounts to no more than a highly atypical adminis- trative error, will do a significant disservice to the community's taxpayers, and most importantly its students.
Legislative history
2017-18: S.8603 Passed Senate
Fiscal implications
TBD.
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.