What's happening
This bill legalizes and validates delayed building cost report filings by the Monticello Central School District, waiving related penalties.
Why it matters
Prevents financial penalties. for the Monticello Central School District by waiving fines related to the late filing of building cost reports, potentially preserving district funds for educational purposes rather than penalty payments.
Retroactively validates administrative actions. by the district and its staff regarding building projects completed before December 31, 2012, reducing the risk of legal or financial challenges over paperwork errors or delays.
Provides conditions for relief. , requiring that the late reports are eventually submitted and approved, funds were properly used, and that the delay was due to administrative oversight rather than fraud—helping ensure accountability while offering flexibility.
May benefit local taxpayers and students. by preventing loss of state aid or requirement of repayments, which could otherwise have led to budget shortfalls, program cuts, or increased local taxes.
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Who cares
Headline styles
Forgive Late School Reports
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.131
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.529
- Substituted for A6331
- Referred to education
- Delivered to assembly
- Passed senateVote 57–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.609
Show 2 earlier actions
- Reported and committed to finance
- 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
4333
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to legalize, validate, ratify and confirm the actions of the Monticello central 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 Monticello 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, 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 Monticello central school district any penalty arising from the late filing of a final cost report for an approved capital construction 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 Monticello central school district pursuant to such paragraph, provided that such school district:
(a) submitted the late or missing final building cost report to the commissioner of education;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09895-01-9
S. 4333 2
(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 Monticello central school district notwithstanding the failure to timely file final building cost reports with the education department
Purpose
Authorizes payment of building aid for certain approved building projects of the Monticello Central School District
Summary of provisions
Section 1: Allows the Education Department to consider the final cost reports for Monticello Central School District as legalized, validated, ratified and confirmed for approved building projects completed prior to December 31, 201 recognizing that the failure to submit the report in a timely manner was an inadvertent administrative or ministerial over- sight.
Section 2: Provides that the Commissioner of the State Education Depart- ment shall not recover from the Monticello 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 20 12, 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 Monticello Central School District pursuant to such provision.
Section 3: Effective date.
Justification
The Monticello Central School District had 11 projects between 2003 and 2007 with Final Cost Reports due between 2006 and 2011. In 2012, the then-superintendent filed the appropriate paperwork for unfiled Final Cost Reports by the 12/31/12 deadline for amnesty set by NYSED. As such, New York State Education Department deemed the Final Cost Reports as not being timely filed and assessed the Monticello Central School District a $1.9 million "reduced" penalty. Without full forgiveness of this penalty, the students who attend Monticello Central Schools, and the District's taxpayers, will be paying the price for errors occurring some 8-12 years ago.
Monticello has a high-needs population in a rural setting. It already faces the heavy burdens of limited state aid and tax revenues, lower enrollment, and a diminished tax base. The district's children do not deserve to have a clerical error negatively impact their educational programming.
Legislative history
New bill
Fiscal implications
$1.9 million
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.