Validates certain acts of the Chester Union Free school district with regard to two capital improvement projects and provides for payment of state aid for such projects.
STATE OF NEW YORK
________________________________________________________________________
11175
IN ASSEMBLY
June 12, 2018
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Skoufis) --
read once and referred to the Committee on Education
AN ACT to validate certain acts of the Chester Union Free school
district with regard to certain capital improvement projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds that the
2 Chester Union Free school district approved two capital improvement
3 projects which are designated as project numbers 44020102-0001-005 and
4 44020102-0009-001. In addition, the projects were eligible for certain
5 state aid. The legislature further finds that due to ministerial error,
6 the required filing of the final cost reports for such projects were not
7 made by such district in a timely manner making the district ineligible
8 for certain aid. The legislature further finds that without such aid,
9 the capital improvement projects will impose an additional, unantic-
10 ipated hardship on district taxpayers.
11 § 2. All the acts done and proceedings heretofore had and taken or
12 caused to be had or taken by the Chester Union Free school district and
13 by all its officers or agents relating to or in connection with a
14 certain final cost report to be filed with the state education depart-
15 ment for project numbers 44020102-0001-005 and 44020102-0009-001, and
16 all acts incidental thereto are hereby legalized, validated, ratified
17 and confirmed, notwithstanding any failure to comply with the approval
18 and filing provisions of the education law or any other law or any other
19 statutory authority, rule or regulation, in relation to any omissions,
20 error, defect, irregularity or illegality in such proceedings had and
21 taken, and provided further that any amount due and payable to the Ches-
22 ter Union Free school district for school years prior to the 2017-2018
23 school year as a result of this act shall be paid pursuant to the
24 provisions of paragraph c of subdivision 5 of section 3604 of the educa-
25 tion law.
26 § 3. The education department is hereby directed to consider the
27 approved costs of the aforementioned projects as valid and proper obli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16272-01-8
A. 11175 2
1 gations of the Chester Union Free school district provided that such
2 school district:
3 (a) submitted the late or missing final project cost reports to the
4 commissioner of education on or before December 31, 2018;
5 (b) such cost report is approved by the commissioner of education;
6 (c) all state funds expended by the school district, as documented in
7 such cost reports, were properly expended for such capital projects in
8 accordance with the terms and conditions for such projects as approved
9 by the commissioner of education; and
10 (d) the failure to submit such reports in a timely manner was an inad-
11 vertent administrative or ministerial oversight by the school district,
12 and there is no evidence of any fraudulent or other improper intent by
13 such district.
14 § 4. This act shall take effect immediately.