What's happening
This bill makes internal audit functions optional for New York school districts unless a comptroller's audit finds deficiencies.
Why it matters
Could reduce costs and administrative burdens. for many school districts by making internal audits optional unless deficiencies are formally identified, potentially freeing up resources for other needs.
Shifts oversight responsibility to the state comptroller’s office. , meaning school districts would only be required to implement regular internal audits if a state audit uncovers problems, rather than as a standing mandate.
May impact early detection of financial mismanagement or inefficiencies. in districts that opt out of internal audits, possibly increasing reliance on less frequent external audits to catch issues.
Could create flexibility for districts with strong financial controls. , but might also raise concerns about the consistency and rigor of financial oversight across different school districts.
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Who cares
School boards and district administrators
The bill would make internal audit functions optional unless a comptroller audit finds deficiencies, triggering internal audits every two years until the comptroller audits the district again.
State comptroller’s office
Findings of deficiencies in its school district audits would determine when districts must conduct internal audits.
Small school districts
Districts qualifying for an exemption based on teacher count, spending or enrollment would no longer have to certify their eligibility annually.
Superintendents in cities with at least 125,000 residents
The bill would remove annual certification of qualifying internal audit functions established under special or local law.
Headline styles
Make School Audits Optional
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred 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.
Make School Audits Optional
In Assembly Committee · Education · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3901
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. RANZENHOFER, FUNKE, GALLIVAN, SEWARD -- 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 making internal audit functions optional by school districts unless an audit by the comptroller reveals deficiencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 2 and 7 of section 2116-b of the education law, subdivisions 1 and 7 as added by chapter 263 of the laws of 2005, and subdivision 2 as amended by section 4 of part A of chapter 57 of the laws of 2013, are amended and a new subdivision 8 is added to read as follows:
1. No later than July first, two thousand six, each school district shall establish an internal audit function to be in operation no later than the following December thirty-first. Such function shall include: (a) development of a risk assessment of district operations, including but not limited to, a review of financial policies and procedures and the testing and evaluation of district internal controls; (b) [an annual] a review and update of such risk assessment; and (c) preparation of reports[, at least annually or more frequently as the trustees or board of education may direct,] which analyze significant risk assessment findings, recommend changes for strengthening controls and reducing identified risks, and specify timeframes for implementation of such recommendations.
2. School districts of less than eight teachers, school districts with actual general fund expenditures totaling less than five million dollars in the previous school year, or school districts with actual enrollment of less than one thousand five hundred students in the previous school year shall be exempt from this requirement. Any school district claiming
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01617-01-9
S. 3901 2
such exemption shall [annually] certify to the commissioner that such school district meets the requirements set forth in this subdivision.
7. Nothing in this section shall be construed as requiring a school district in any city with a population of one hundred twenty-five thousand or more to replace or modify an existing internal audit function where such function already exists by special or local law, so long as the superintendent of the district [annually] certifies to the commissioner that the existing internal audit function meets or exceeds the requirements of this section.
8. Notwithstanding any other provision of law to the contrary, the internal audit function established pursuant to this section shall be optional by all school districts unless the comptroller finds deficiencies in the audit performed pursuant to section thirty-three of the general municipal law. If deficiencies are found by the comptroller, school districts shall perform biennial internal audits until the comptroller conducts another audit of such school district.
§ 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.
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 making internal audit functions optional by school districts unless an audit by the comp- troller reveals deficiencies
Purpose or general idea of bill
To reduce the duplicative and onerous requirement of mandatory internal annual audits
Summary of specific provisions
Section 1 - amends subdivisions one, two and seven of section 2116-b of the Education Law, as added by Chapter 263 of the Laws of 2005 and to add a new subdivision eight to change the requirement mandated by current law for school districts to perform internal audits annually. Subdivision 1, 2 and 7 remove the requirement for annual review and update of the internal audit function. New section 8 provides that the internal audit function will be optional for school districts, unless a deficiency is found by the Comptroller's Office in one of their regular audits, in which case, the school district would be required to perform bi-annual internal audits until the next Comptroller's audit.
Section 2 - provides that this act shall take effect on the first day of July next succeeding the date on which it shall have become law.
Justification
School districts are required by Education Law 2116-a to obtain annual external audits. The requirement that they also perform an internal audit each year, essentially duplicating the same efforts put into the external audit, is wasteful and represents an unfunded mandate that puts yet one more financial burden on school districts that are facing chal- lenging reductions in state aid. In addition to the annual external audits, school districts also must deal with regular audits by the Comp- troller. One district has reported that within one twelve month span, they had to tear business office workers away from their usual duties to work with auditors for five separate audits - two internal audits, two external audits and one Comptroller audit. It is critical that the state begin to reduce wasteful and duplicative mandates on our schools to reduce costs, and by extension real property taxes on our residents and businesses.
Prior legislative history
2011-12- S.4556 - PASSED SENATE/RULES 2013-14 - S2502-B - PASSED SENATE 2015-16 - S.1052/A.10363 - PASSED SENATE/Education 2017 - S.2641/A.2365 - PASSED SENATE/Education 2018 - S.2641/A.2365 - RULES/Education
Fiscal implications
Savings to school districts across the state.
Effective date
This act shall take effect on the first day of July next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.