S4564-2011 - NY Senate Open Legislation - Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district

Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district which were denied by the education department for failure of the district to publish certain information required by statute.

Sponsor: FARLEY
Law Section: Education

S4564-2011 Actions

Sep 23, 2011: VETOED MEMO.76
Sep 12, 2011: DELIVERED TO GOVERNOR
Jun 16, 2011: returned to senate
Jun 16, 2011: passed assembly
Jun 16, 2011: ordered to third reading rules cal.378
Jun 16, 2011: substituted for a7730
Jun 1, 2011: referred to education
Jun 1, 2011: DELIVERED TO ASSEMBLY
Jun 1, 2011: PASSED SENATE
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.568
Apr 12, 2011: REFERRED TO EDUCATION

S4564-2011 Meetings

Education: May 10, 2011

S4564-2011 Calendars

Active List: Jun 1, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S4564-2011 Votes

VOTE: COMMITTEE VOTE: - Education - May 10, 2011

Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Jun 1, 2011

Ayes (61): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Adams

S4564-2011 Memo

BILL NUMBER:S4564

TITLE OF BILL:
An act
to legalize, validate, ratify and confirm certain transportation
contracts of the Schenectady city school district

PURPOSE:
To legalize, validate, ratify and confirm certain acts of the
Schenectady City School District in order to ensure that the District
receives needed state reimbursement that it was supposed to receive
for certain transportation contracts.

SUMMARY OF PROVISIONS:
Section 1 of the bill legalizes, validates, ratifies and confirms the
acts and proceedings of the Schenectady City School District in
relation to certain transportation contracts. Section 2 of the bill
directs the Education Department to consider the approved costs of
such transportation contracts as valid and proper obligations of the
Schenectady City School District.

JUSTIFICATION:
In 2008, the State Education Department identified an error in a legal
notice published several years earlier by the Schenectady City School
District in relation to certain transportation services for the
2003-04 school year. Because of this error, the Department indicated
that the expected state transportation aid could not be paid for
these two contracts which covered the 2003-04 school year.
To exacerbate the situation, the Education Department also indicated
that the District could not be reimbursed for transportation expenses
incurred in connection with the extension of those contracts in the
2004-05, 2005-06,2006-07,2007-08 and 2008-09 school years. Because
the School District was unaware that there was a problem with the
original contracts, it had extended the contracts several times.
Because of the delay in identifying the original error, the potential
financial ramifications of this error increased dramatically.
The loss of this aid would be an excessive and unwarranted punishment
for an unintended error in a legal notice. This would have a
significant negative impact on schoolchildren and local taxpayers.
The state should not receive a windfall at the expense of the local
school district because of an administrative error. This legislation
will enable the District to receive the appropriate transportation
aid which it would otherwise be entitled to receive.

FISCAL IMPLICATIONS:
This bill does not cost the state any extra
money. Each year, the state budget includes funds to help school
districts with their transportation expenses. This bill simply
enables the Schenectady City School District to receive the
transportation aid that was allocated for it in the state budget.
These funds had been set aside for the District to receive as

reimbursement for the expenses it incurred in providing needed
transportation services to students.

EFFECTIVE DATE:
Immediately.

S4564-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4564
 2011-2012 Regular Sessions
 I N  SENATE
 April 12, 2011
 
 Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to legalize, validate, ratify and confirm certain  transportation
 contracts of the Schenectady city school district
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. All the acts done and proceedings heretofore had and  taken
 or  caused  to  be had and taken by the Schenectady city school district
 and by all officers, employees or agents of such school district  relat
 ing  to  or  in  connection  with  transportation  contracts C252137 and
 C252138 for the 2003-2004  school  year,  and  transportation  contracts
 E252137  and  E252138  for  the  2004-05,  2005-06, 2006-07, 2007-08 and
 2008-09 school years, and all acts incidental thereto are hereby  legal
 ized,  validated, ratified and confirmed, notwithstanding any failure to
 comply with the contract award, approvals and filing provisions  of  the
 education law, general municipal law or any other law or any other stat
 utory  authority, rule or regulation, other than those filing provisions
 defined in paragraph a of subdivision 5 of section 3604 of the education
 law, in relation to any omission, error, defect, irregularity  or  ille
 gality  in  such proceeding had and taken, and provided further that any
 amount due and payable to the Schenectady  city  school  district  as  a
 result of this act shall be paid pursuant to the provisions of paragraph
 c of subdivision 5 of section 3604 of the education law.
 

S  2.  The  education  department  is  hereby directed to consider the
 aforementioned contracts for transportation  aid  as  valid  and  proper
 obligations of the Schenectady city school district.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09248-01-1

S4564-2011: Legalizes, validates, ratifies and confirms certain transportation contracts of the Schenectady city school district