What's happening
This bill forgives the Monticello Central School District for late building cost report filings and restores any related penalties.
Why it matters
Prevents financial harm to the school district. By legalizing and validating the late filing of building cost reports, the bill ensures Monticello Central School District will not lose state funding or face financial penalties that could impact its budget and operations.
Allows recovery of previously withheld funds. If any penalties or state funds were already withheld due to late reports, the bill requires those amounts to be returned to the district, potentially restoring resources for educational purposes.
Sets standards for forgiveness. The relief is conditional—the district must have submitted the missing or late reports, had them approved by the commissioner, demonstrated proper use of state funds, and shown the lateness was an honest administrative mistake, not fraud or misconduct.
Recognizes administrative challenges. This bill acknowledges that procedural mistakes can occur in district administration without malicious intent, potentially setting a precedent for how similar cases of late filings are handled in other districts.
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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
- Substituted by A10594
- Ordered to third reading cal.1012
- Reported and committed to rules
- 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 School Filing Delay
Vetoed · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7370
IN SENATE
January 22, 2020
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;
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09895-02-0
S. 7370 2
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, 2012 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 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 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
2018: Vetoed, Memo No.131
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.