Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs; requires programs to present some form of educational instruction or academic material, or promote physical education; provides the school district shall provide such facilities at no fee or for a minimal fee.
STATE OF NEW YORK
________________________________________________________________________
3063
2013-2014 Regular Sessions
IN ASSEMBLY
January 23, 2013
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to use of school facili-
ties by not-for-profit and charitable organizations for after-school
programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 414 of the education law is
2 amended by adding a new paragraph (l) to read as follows:
3 (l) For bona fide after-school programs operated by a not-for-profit
4 or charitable organization. Such programs shall present some form of
5 educational instruction or academic material, or promote physical educa-
6 tion.
7 § 2. Subdivision 2 of section 414 of the education law, as amended by
8 chapter 513 of the laws of 2005, is amended to read as follows:
9 2. The trustees or board of education shall determine the terms and
10 conditions for such use which may include rental at least in an amount
11 sufficient to cover all resulting expenses for the purposes of para-
12 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
13 of this section. For the purposes of paragraph (1) of subdivision one of
14 this section, the trustees or board of education may provide that either
15 no fee or a minimal fee be imposed upon the not-for-profit or charitable
16 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c),
17 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not
18 allow the exclusion of any district child solely because said child is
19 not attending a district school or not attending the district school
20 which is sponsoring such use or on which grounds the use is to occur.
21 § 3. Subdivision 27 of section 2590-h of the education law, as amended
22 by chapter 345 of the laws of 2009, is amended to read as follows:
23 27. Promulgate regulations, in conjunction with each community super-
24 intendent, establishing a plan for providing access to school facilities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06004-01-3
A. 3063 2
1 in each community school district, when not in use for school purposes,
2 in accordance with the provisions of section four hundred fourteen of
3 this chapter. Such plan shall set forth a reasonable system of fees not
4 to exceed the actual costs and specify that no part of any fee shall
5 directly or indirectly benefit or be deposited into an account which
6 inures to the benefit of the custodians or custodial engineers.
7 Notwithstanding any other provision of law, rule or regulation to the
8 contrary, such plan may provide that either no fee or a minimal fee
9 shall be charged for the use of school facilities by a not-for-profit or
10 charitable organization. The use of such facilities shall only be for
11 bona fide after-school programs that present some form of educational
12 instruction or academic material, or promote physical education.
13 § 4. Subdivision 27 of section 2590-h of the education law, as amended
14 by chapter 720 of the laws of 1996, is amended to read as follows:
15 27. Develop, in conjunction with each community superintendent, a plan
16 for providing access to school facilities in each community school
17 district, when not in use for school purposes, in accordance with the
18 provisions of section four hundred fourteen of this chapter. Such plan
19 shall set forth a reasonable system of fees not to exceed the actual
20 costs and specify that no part of any fee shall directly or indirectly
21 benefit or be deposited into an account which inures to the benefit of
22 the custodians or custodial engineers. Notwithstanding any other
23 provision of law, rule or regulation to the contrary, such plan may
24 provide that either no fee or a minimal fee shall be charged for the use
25 of school facilities by a not-for-profit or charitable organization. The
26 use of such facilities shall only be for bona fide after-school programs
27 that present some form of educational instruction or academic material,
28 or promote physical education.
29 § 5. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law; provided that the amendments to subdivision
31 27 of section 2590-h of the education law, made by section three of this
32 act, shall be subject to the expiration and reversion of such section,
33 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
34 2009, as amended, when upon such date the provisions of section four of
35 this act shall take effect.
