Extends North Bellmore union free school district payback on state aid overpayments during the 2004-2005 and 2005-2006 school years to six years beginning with June 1, 2009.
BILL NUMBER: S85A
TITLE OF BILL : An act to adjust certain state aid payments to the North Bellmore union free school district
PURPOSE : Extends payback by the North Bellmore Union Free School District on state aid overpayments during certain school years to six years beginning with June 1,2009.
SUMMARY OF PROVISIONS : Extends payback in the form of future years reduction in aid distribution by the North Bellmore Union school district for overpayments made during the 2004-2005 and 2005-2006 school years to a six year period starting on June 1,2009 and extending every year until 2014 with no interest penalty assessed.
JUSTIFICATION : At the request of the Superintendent of North Bellmore Union Free School District, acting on behalf of the school board, the district has requested that they be allowed to repay overpayments in aid over a six year period starting on June 1, 2009. The district overestimated the number of special education students for the 2004/2005 and 2005/2006 school years. Due to this error they owe the State Education Department $1,576,816 and wish to spread payment over the next 6 years, in the form of future years reduction in aid, so that they can deal with impending budget cuts in the upcoming school year.
LEGISLATIVE HISTORY : S.8783 of 2008
FISCAL IMPLICATIONS : $1,576,816 will be repaid to SED over six years with no interest penalty.
LOCAL FISCAL IMPLICATIONS : Allows North Bellmore Union Free School District to spread payments over six years in the form of reduction in aid distribution to alleviate deepening impending budget cuts in the upcoming school year, FY 2008-2009.
EFFECTIVE DATE : This act will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 85--A A. 220--A 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________IN SENATE -- Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. McDONOUGH -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to adjust certain state aid payments to the North Bellmore union free school district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provisions of law to the contrary, state aid payments in the amount of not more than one million five hundred seventy-six thousand eight hundred sixteen dollars ($1,576,816) made to the North Bellmore union free school district in the 2004-2005 and 2005-2006 school years, which included excess payments of which the district has been notified, and for which a recovery must be made by the state through deduction of future aid payments, shall be reduced through aid deductions totaling such excess payments, by deducting one-sixth of such excess payments from the payments due to such school district and payable in the month of June in the years 2009, 2010, 2011, 2012, 2013 and 2014; provided, however, there shall be no interest penalty assessed against such district or collected by the state. S 2. Notwithstanding any other provision of this act, any pending payment of moneys due to such district as a prior year adjustment paya- ble pursuant to paragraph c of subdivision 5 of section 3604 of the education law for aid claims that had been previously paid in excess as current year aid payments and for which recovery of excess payments isEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00272-03-9 S. 85--A 2 A. 220--A
to be made pursuant to this section, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this section shall be reduced by the commissioner of educa- tion to reflect the amount so recovered. S 3. This act shall take effect immediately, except that if this act shall have become a law on or after June 1, 2009 this act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 1, 2009.