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S3773Senate2019-2020 SessionSame asA5473

Notify Schools of Contract Expiry

Official title

“Relates to the filing of transportation contracts”

Sponsor Thomas F. O'MaraSD-58Affects Education
Status
In Senate Committee
Education
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Education

What's happening

This bill requires the education department to notify school districts before transportation contracts expire and allows late filings for good cause.

Why it matters

  1. Improves school district compliance and planning. by requiring the Department of Education to proactively notify districts 30 days before a transportation contract expires, helping avoid missed deadlines and potential lapses in student transportation services.

  2. Reduces financial risk for districts. by clarifying the consequences of late contract filings and explicitly providing information on penalties, which can help districts better manage state reimbursement for transportation costs.

  3. Introduces flexibility and fairness. by allowing districts to file transportation contracts late for “good cause,” subject to commissioner approval, which can prevent loss of funding due to administrative errors or unforeseen circumstances.

  4. Increases accountability and transparency. in the contract filing process by mandating written communications for both late filings and commissioner decisions, providing a clear paper trail and faster resolution (within 10 days) of late filing requests.

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Who cares

Headline styles

Notify Schools of Contract Expiry

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

No co-sponsors yet.

History

  1. Referred to education
  2. 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.

A5473Assembly

Notify Schools on Contract Deadlines

In Assembly Committee · Education · Sponsor William A. Barclay

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3773

2019-2020 Regular Sessions

IN SENATE

February 14, 2019

Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the filing of transportation contracts

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 3625 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows:

2. Filing of transportation contracts. Every transportation contract shall be filed with the department within one hundred twenty days of the commencement of service under such contract. The department shall send written notice to districts thirty days prior to the expiration of a transportation contract the department has on file when a district does not have a new contract on file. The written notice shall provide that the district shall have the contract filed with the department within one hundred twenty days and shall provide information regarding the penalty if the contract is filed after such deadline. No transportation expense shall be allowed for a period greater than one hundred twenty days prior to the filing of any contract for the transportation of pupils with the education department. However, the commissioner may allow for the expense of any contract for the transportation of pupils with the education department filed after one hundred twenty days for good cause. The district shall submit a notice of late filing and reason of cause in writing to the department. The commissioner shall respond in writing within ten days of receiving the notice of late filing with a determination of good cause. No contract shall be considered filed unless it bears an original signature of the superintendent of a school district or the designee of the superintendent and the sole trustee or president of the board of education of the school district. The final approval of any such contract by the commissioner shall not, however,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09691-01-9

S. 3773 2

obligate the state to allow transportation expense in an amount greater than the amount that would be allowed under the provisions of this part. The state, acting through the department of audit and control, may examine any and all accounts of the contractor in connection with a contract for the transportation of pupils, and every such contract shall contain the following provision: "The contractor hereby consents to an audit of any and all financial records relating to this contract by the department of audit and control."

§ 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 the education law, in relation to the filing of trans- portation contracts

Purpose or general idea of bill

Directs the State Education Department to provide written notice to school districts thirty days before the expiration of a transportation contract in instances where a school has yet to file a new transporta- tion contract. Additionally, allows the Department to waive the penalty imposed for late filing after the school district submits written notice to the Department explaining the reason for late filing and the Depart- ment determines the reason to be of good cause.

Summary of specific provisions

Section 1 of this bill amends subdivision 2 of section 3625 of the Education Law and directs the State Education Department to provide written notice to school districts thirty days before the expiration of a transportation contract when the district has not yet filed a new contract with the department. Additionally, the Department may allow for the expense of a transportation contract during the period after 120 days when a district provides written notice of reason for late filing and the Department determines within 10 days the reason to be of good cause.

Section 2. Provides the effective date.

Justification

School districts are authorized to contract with a private contractor for the transportation of students. School districts that have a private contractor provide transportation services are required to file their transportation contracts with the State Education Department (SED) with- in 120 days following the first date of service. However, school districts that file a transportation contract late suffer a loss of State School Aid. Under current law, school districts can lose out on millions of dollars in State Aid because of a technical or clerical issue. For one reason or another, there have been situations where districts have not filed their transportation contacts in a timely matter. Ultimately, it is the students that suffer as a result of these minor issues.

Under this bill, SED will be required to provide written notice to the district stating that SED has a transportation contract on file that will be expiring in thirty days. The notice must also inform the district of the penalty as a result of a late submission. SED will have to send a notice to the school district thirty days before the expira- tion of their contract. This notification from SED is meant to provide the district with a reminder that their transportation contract must be filed.

Additionally, if a district does file a transportation contract after the 120 days deadline, this bill would provide SED with the authori- zation to determine if the district should receive the penalty or not upon receiving written notice from the district of the reason the contract was filed late. This will allow SED to waive the penalty in extenuating circumstances.

Fiscal implications

None to the State.

Legislative history

New bill.

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.