Directs the education department to issue certain state aid to the Central Islip Union Free School District for certain capital construction projects.
Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Ayes W/R (1): Addabbo
TITLE OF BILL: An act directing the education department to issue certain state aid to the Central Islip union free school district for certain capital construction projects
PURPOSE: This bill would direct the education department to consider plans submitted for seven specified construction projects that have been submitted in a timely manner and to review such plans and specifications. If approved, the costs for the projects shall be deemed valid and the amount shall be paid to the school district.
SUMMARY OF SPECIFIC PROVISIONS: Sections One and Two direct the Department of Education to review plans for seven specific building projects throughout the Central Islip union free school district, and to disburse state reimbursement to the school district for the costs incurred despite any failure to comply with the filing deadline for the final building cost reports upon which approval of such projects was contingent. Section Three is the effective date.
JUSTIFICATION: In order for a school to operate at an efficient level to educate our children, the school structures must be safe and reliable. This requires constant upkeep and maintenance, the funding for which schools rely greatly upon the State Department of Education to provide. The Central Islip union free school district undertook eight general construction products to expand classrooms and make additions and alterations to all eight of their school buildings. The school district was approved for funding to undertake this construction, contingent upon their submission of final building cost reports which were due in June of 2006. Because of office transitions during the time period that the reports came due they were not filed on time. Upon discovery of the unfiled reports, the school district was diligent in filing the reports at that time. Unfortunately, the reports were filed two years late and the State education department denied the school district funding for the already completed products, demanding that the school district repay any monies already received for these projects. This legislation would direct the Education Department to consider these projects as though the final building cost reports had been submitted in a timely manner.
FISCAL IMPLICATIONS: To be determined.
PRIOR LEGISLATIVE HISTORY: 2011: S4723B- Veto Memo #64
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6141 IN SENATE January 5, 2012 ___________Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT directing the education department to issue certain state aid to the Central Islip union free school district for certain capital construction projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that the Central Islip Union Free School District approved several capital improvement projects which were designated by the State Education Department as project numbers 0002-006, 0003-008, 0005-007, 0006-005, 0007-006, 0008-007 and 0004-005. In addition, the projects were eligi- ble for certain state aid. The legislature further finds that due to ministerial error, required filings for eligibility for such aid were not made by the district in a timely manner making the district ineligi- ble for certain aid. The legislature further finds that without such aid, the capital improvement projects will impose an additional, unan- ticipated hardship on district taxpayers. S 2. All the acts done and proceedings heretofore had and taken or caused to be had and taken by the Central Islip Union Free School District and by all its officers or agents relating to or in connection with certain final cost reports to be filed with the state education department for projects 0002-006, 0003-008, 0005-007, 0006-005, 0007-006, 0008-007 and 0004-005, and all acts incidental thereto, are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the approval and filing provisions of the educa- tion law or any other law or any other statutory authority, rule or regulation, in relation to any omissions, error, defect, irregularity or illegality in such proceedings had and taken and provided further that any amount due and payable to the Central Islip Union Free School District for school years prior to the 2012--2013 school year 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10901-06-2 S. 6141 2
S 3. The education department is hereby directed to consider the approved costs of the aforementioned project as valid and proper obli- gations of the Central Islip Union Free School District. S 4. This act shall take effect immediately.