What's happening
This bill extends the period for which certain school district transportation contract errors can be legalized and eligible for state aid through the 2017-18 school year.
Why it matters
Provides school districts with a longer window to correct minor, inadvertent errors on transportation contracts without losing state aid. , which could help districts that made mistakes as far back as the 2004-05 through the 2017-18 school years.
May result in financial relief for districts previously denied transportation aid or subjected to aid recoveries. due to technical or clerical mistakes, potentially helping them recoup funds or avoid budget shortfalls.
Encourages districts to come forward with past errors by legalizing and validating affected contracts. if districts supply required documentation and the commissioner of education approves, they remain eligible for aid rather than being penalized for honest mistakes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Forgive School Transit Aid Errors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1388
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend chapter 57 of the laws of 2012 enacting into law major components of legislation necessary to implement the education, labor and family assistance budget, in relation to legalizing, validating, ratifying and confirming certain actions or omissions relating to certain transportation contracts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 16-a of part A of chapter 57 of the laws of 2012, enacting into law major components of legislation necessary to implement the education, labor and family assistance budget, are amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, where the education department denies or has denied transportation aid for a school district transportation contract or has recovered overpayments of such aid relating thereto, the actions or omissions of all officers, employees or agents of an eligible school district relating to or in connection with transportation contracts for the 2004-05 school year through the [2011-12] 2017-18 school year and for contracts and contract extensions entered into prior to the [2004-05] 2017-18 school year for which expenses were incurred in the 2004-05 school year or thereafter, and, where a district can demonstrate to the satisfaction of the commissioner of education that such actions or omissions involve only inadvertent and minor clerical or technical errors, all acts incidental thereto are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the filing provisions of the education law, the general municipal law or any other law, rule or regulation other than those filing provisions defined in paragraph a of subdivision 5 of section 3604 of the education law, in relation to any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07094-01-9
S. 1388 2
omission, error, defect, irregularity or illegality in such proceeding had and taken.
2. The education department is hereby directed to consider the contracts legalized, ratified, validated and confirmed pursuant to subdivision 1 of this section for transportation aid as a valid and proper obligation of the school district for aid payable for expense incurred in the 2004-05 school year and thereafter; provided that such school district submits to the education department the applicable contract number or numbers, school year and upon request, a copy of the contract, on or before December 31, [2012] 2018 and the contract is approved by the commissioner of education, and provided further that any amount due and payable for school years prior to the [2012-13] 2017-18 school year as a result of this act shall be paid pursuant to the provisions of paragraph c of subdivision 5 of section 3604 of the education law.
§ 2. 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 amend chapter 57 of the laws of 2012 enacting into law major components of legislation necessary to implement the education, labor and family assistance budget, in relation to legalizing, validating, ratifying and confirming certain actions or omissions relating to certain transportation contracts
Purpose
To provide transportation aid forgiveness to districts that would other- wise lose aid due to inadvertent, minor and technical errors.
Summary of provisions
Section 1: Updates subdivision 1 and 2 of section 16-a of chapter 57 of the laws of 2012 capture contracts entered into prior to the 2017-18 school year.
Section 2: Effective date.
Justification
When school districts make errors relating to transportation aid they become ineligible to recover this lost aid even though the state had budgeted for that expense. These errors tend to be minor in nature, such as a miscommunication during a staff transition or a clerical error. While these errors are minor the amount of money school districts lose out on is not.
There is previous precedent for providing transportation aid forgive- ness. The 2012-13 enacted budget provided for forgiveness of transporta- tion contracts that were denied by the State Education Department due to inadvertent, minor, technical, or clerical errors prior to the 2011-12 school year. Updating this provision to capture contracts entered into prior to the 2015-16 school year will make the process more efficient and make it easier for school districts to collect their reimbursements.
Legislative history
S.7299/A.9592 of 2016; Passed Senate
Fiscal implications
Undetermined
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.