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Legislators, education officials look to forgive school fines

State lawmakers and the state Education Department want to forgive fines levied against dozens of school districts around the state, including Panama Central School’s fine.

During a recent joint legislative committee hearing on education, Sen. Shelley Mayer, D-Yonkers, and Assemblyman Edward Ra, R-Franklin Square, asked Shannon Tahoe, interim state education commissioner, her opinion on fines for late final cost reports for building projects or late-filed transportation contracts.

Panama and six other school districts that have also had fines levied against them saw legislation forgiving their fine vetoed in November and December by Cuomo.

The Huntington Union Free School District was fined by the state Education Department for allegedly failing to file final cost report reports before eventually proving that either the documents were sent or after they were found by state Department of Education staff members. The Monticello Central School District was given a $1.9 million reduced aid penalty for final cost reports that weren’t filed on time. Legislation was passed forgiving the Mahopac Central School District for clerical errors that removed eight capital projects from eligibility for state aid. Another piece of legislation would have forgiven state building aid take-backs and penalties on late-filed final cost reports for eight capital improvement projects by the Islip Union Free School District.

Mayer noted that both houses of the state Legislature passed several bills before the end of the legislative session in June only to see them vetoed by Gov. Andrew Cuomo. Mayer wanted to know how many districts have had fines levied for late final cost reports, with Tahoe saying she didn’t have the information available during the budget hearing. At least four bills have been reintroduced in the 45 days of the 2020 legislative session to forgive fines against school districts, including legislation sponsored by Assemblyman Andrew Goodell, R-Jamestown, and Sen. George Borrello, R-Sunset Bay, forgiving the rest of Panama Central School’s $4.9 million fine. Mayer said she has a bigger plan in mind.

“As you know we are again moving a blanket forgiveness bill,” Mayer said. “We believe districts should not be penalized for really very modest errors in data filing. Is the state Education Department prepared to work with us to move toward universal forgiveness and can you give me the data on how many districts have delay penalties?”

Tahoe signaled her support for Mayer’s legislation.

“As part of our mandate relief bill we actually proposed similar legislation for blanket forgiveness for late cost reports,” Tahoe said. “It doesn’t make sense to pass bills one at a time for different districts. We believe that all districts should be treated equally and have the same blanket forgiveness on those late cost reports.”

Ra, speaking much later in the hearing, brought up the issue of transportation contracts. Several bills forgiving late-filed transportation contracts were also vetoed by Cuomo late last year. Bills also passed both houses of the state Legislature forgiving clerical errors in transportation contracts by the Corning-Painted Post Area School District and the Fulton City School District that could cost the districts a portion of its state transportation aid. Fulton could lose $1.03 million in state transportation aid.

“The governor cites budgetary reasons with it, but there have been bills to put that information in the budget,” Ra said. ‘Is there any communication between the department and the executive on these issues? Some of them have been introduced by the legislature and passed multiple times and then vetoed.”

Tahoe said the universal forgiveness legislation is a priority of the state Board of Regents while the Regents are also asking for the legislature’s help with late transportation contracts.

“On late transportation contracts, that’s something else we’re asking for,” Tahoe said. “It needs a legislative change. It’s not a monetary ask, it’s a legislative change, a statutory change, to allow inadvertent errors in submissions where they’re just filing their transportation contract late. Not because they didn’t enter into a transportation contract or didn’t do it with fidelity, but because they inadvertently didn’t submit it on time, that those also be forgiven. These are things we’re in communication with the executive on.”

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