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S7038Senate2019-2020 SessionSame asA8898

Forgive Late School Reports

Official title

“Legalizes, validates, ratifies and confirms the actions of the Huntington union free school district regardless of the failure of such district to timely file final building cost reports”

Sponsor Jim GaughranSD-5Affects Education
Status
Senate Floor Calendar
Impact
3/10
Low
Passage
0%

Bill progress

Vetoed via A8898

What's happening

This bill legalizes and validates Huntington Union Free School District's building projects despite late cost report filings, waiving related penalties.

Why it matters

  1. Protects the school district from losing funds. by ensuring that any penalties or state aid reductions due to late cost report filings are waived, so long as the reports were eventually submitted, approved, and show proper spending.

  2. Prevents financial hardship for the community. by allowing Huntington Union Free School District to reclaim any funds previously withheld as penalties, which can help maintain or restore educational services and programs.

  3. Establishes clear conditions for relief. , requiring that the late filings resulted from administrative mistakes (not fraud or intentional misconduct) and that all project funds were used correctly, thus balancing leniency with accountability.

  4. Could set a precedent for other districts. facing similar issues, signaling that the state may provide remedies for administrative errors if there’s no evidence of wrongdoing.

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Who cares

  • Huntington Union Free School District

    The bill would validate district actions tied to final building cost reports for approved projects completed before December 31, 2011, and provide conditional relief from late-filing penalties, including repayment of amounts already recovered.

  • New York State Education Department

    The commissioner would have to approve the reports and determine that project funds were properly spent and late filing resulted from inadvertent oversight without fraudulent or other improper intent before granting penalty relief.

  • Huntington school district officers and agents

    The bill would validate their past actions connected with the covered building cost reports despite missed deadlines and other procedural defects.

Headline styles

Forgive Late School Reports

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

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

No co-sponsors yet.

History

  1. Substituted by A8898
  2. Ordered to third reading cal.1010
  3. Reported and committed to rules
  4. Reported and committed to finance
  5. 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.

A8898Assembly

Approve School Reports Late

Vetoed · Sponsor Steve Stern

Impact 3 · LowVetoed

Full text

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

STATE OF NEW YORK

7038

IN SENATE (Prefiled)

January 8, 2020

Introduced by Sen. GAUGHRAN -- 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 Huntington 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 Huntington union free 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, 2011, 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 of education shall not recover from the Huntington 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 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 Huntington 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;

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

[ ] is old law to be omitted.

LBD08853-02-9

S. 7038 2

(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 Huntington union free school district notwithstanding the failure to timely file final building cost reports with the education department

Purpose or general idea of bill

Legalizes, validates, ratifies and confirms the actions of the Hunting- ton Union Free School District regardless of the failure of the State Education Department (SED) to locate final building cost reports that had been timely filed.

Summary of provisions

Section 1: Allows the Education Department to consider the final cost report for Huntington Union Free School District as legalized, vali- dated, ratified and confirmed for approved building projects completed prior to December 31, 2011, recognizing that the failure to file the report in a timely manner was an inadvertent administrative or minister- ial oversight by SED.

Section 2: Provides that the Commissioner of the State Education Depart- ment shall not recover from the Huntington 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 Huntington Union Free School District pursuant to such provision.

Section 3: Sets the effective date.

Justification

The Huntington Union Free School District submitted three final cost report packages in 2011 all on the same date. The State Education Department confirmed that two of the three packages were received. In the meantime, the school district had a number of staff turnovers, including the Assistant Superintendent for Business, and the senior accountant. In 2013, the school district noticed that a number of cost reports did not show up as being filed. The Facilities Planning staff told the District they were having difficulty with lost reports. The DOE Facilities Planning staff eventually located a number of these reports, or the District was able to show they had been mailed.

Prior legislative history

S.2976 - 2019- Veto No. 129

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.