S T A T E O F N E W Y O R K
________________________________________________________________________
6722
2019-2020 Regular Sessions
I N A S S E M B L Y
March 15, 2019
___________
Introduced by M. of A. SCHMITT -- read once and referred to the Commit-
tee 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:
Section 1. Legislative intent. The legislature hereby finds that the
Chester Union Free school district approved two capital improvement
projects which are designated as project numbers 44020102-0001-005 and
44020102-0009-001. In addition, the projects were eligible for certain
state aid. The legislature further finds that due to ministerial error,
the required filing of the final cost reports for such projects were not
made by such district in a timely manner making the district ineligible
for certain aid. The legislature further finds that without such aid,
the capital improvement projects will impose an additional, unantic-
ipated hardship on district taxpayers.
§ 2. All the acts done and proceedings heretofore had and taken or
caused to be had or taken by the Chester Union Free school district and
by all its officers or agents relating to or in connection with a
certain final cost report to be filed with the state education depart-
ment for project numbers 44020102-0001-005 and 44020102-0009-001, 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 education 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 Ches-
ter Union Free school district for school years prior to the 2018-2019
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 educa-
tion law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06640-01-9
A. 6722 2
§ 3. The education department is hereby directed to consider the
approved costs of the aforementioned projects as valid and proper obli-
gations of the Chester Union Free school district provided that such
school district:
(a) submitted the late or missing final project cost reports to the
commissioner of education on or before December 31, 2019;
(b) such cost report is approved by the commissioner of education;
(c) all state funds expended by the school district, as documented in
such cost reports, were properly expended for such capital projects in
accordance with the terms and conditions for such projects as approved
by the commissioner of education; and
(d) the failure to submit such reports in a timely manner was an inad-
vertent administrative or ministerial oversight by the school district,
and there is no evidence of any fraudulent or other improper intent by
such district.
§ 4. This act shall take effect immediately.