BILL NUMBER:S6144

TITLE OF BILL:
An act
to validate certain acts of the Fredonia central school district with
regard to a
certain capital improvement project

PURPOSE:

The purpose of this legislation is to authorize the Fredonia Central
School District to receive state aid for a certain approved capital
funded project.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would direct that the capital improvement
project number 06-22-01-06-009-008 would, in fact, be eligible for
state aid.

Section Two of this bill would ratify and legalize acts pertinent to
the above project, and would direct that payment shall be made on
such project pursuant to the New York State Education Law.

Section Three of this bill would direct the State Education Department
to consider the approved cost as valid and proper obligations of the
              

Fredonia Central School District.

JUSTIFICATION:

The Fredonia Central School District, neglected to file two Final Cost
Reports for a building project with the Office of Facility Planning
of the State Education Department (SED) within the established time
frame. Requiring the school district to pay back and have anticipated
state aid withheld for the projects has been devastating to the
school district. This legislation would allow the Education
Department to consider the final cost report legalized, validated,
ratified and confirmed.

In 2008, during the work on a Final Cost Report (FCR) for some
unrelated projects, the Fredonia School Superintendent discovered
that no final cost reports had been filed with the state education
department as is required in order to receive state aid for two
projects that were done in 1998 under the previous school
administration.

Ten years after the projects were done, after becoming aware of the
error made by his predecessor, the new Superintendent immediately
contacted SED and took the necessary steps to complete and submit the
long overdue reports.

A special waiver was granted for one of the projects, but the School
District was informed that special legislation was required to
address the error for the other one, a capital improvement project
involving electrical work and asbestos.
removal for which the school district had already received $894,000
worth of state aid for.

At no time over the 9-year period since it was due did SED inform the
school district that the final cost report was not submitted by the
district, nor did they withhold any state aid at any time concerning
this project, which is what is typically done if the final cost
report is not filed on time. Only when the School District did the
right thing and report the problem as soon as it was discovered did
SED penalize them for it by retracting their state aid for the project.

For this small school district, this action has caused severe
financial distress. This bill would correct this unfair penalization
of the school as well as the taxpayers of the district who must bear
its cost.

FISCAL IMPLICATIONS:

This legislation will have no fiscal implications for the State since
the state aid has already been approved and budgeted.

PRIOR LEGISLATIVE HISTORY:

2011: S.2776, Passed Senate and Assembly, Veto NO.71.

EFFECTIVE DATE:

Immediately.