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S07929 Summary:

BILL NOS07929
 
SAME ASSAME AS A02618-A
 
SPONSORMAYER
 
COSPNSR
 
MLTSPNSR
 
Amd §§305 & 3602, Ed L
 
Directs the commissioner of education, in conjunction with the superintendent of state police and the commissioner of the division of homeland security and emergency services, to establish standards for the security and safety of school grounds.
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S07929 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7929
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 14, 2025
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, in relation to minimum standards  for
          the security and safety of school grounds
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 57 to read as follows:
     3    57. The commissioner, in conjunction with the superintendent of  state
     4  police  and  the  commissioner  of the division of homeland security and
     5  emergency services, shall establish, by rule, minimum standards for  the
     6  security  and  safety of school buildings, grounds and property so as to
     7  provide an appropriately safe learning environment. Such standards shall
     8  include, but not be limited to, the security of building doors,  windows
     9  and  other  points  of entry, and access to school grounds and property,
    10  including guidelines for fences and security gates.
    11    § 2. The opening paragraph of subdivision 6 of  section  3602  of  the
    12  education law, as amended by chapter 529 of the laws of 2023, is amended
    13  to read as follows:
    14    Any  apportionment  to  a school district pursuant to this subdivision
    15  shall be based upon base year approved expenditures for capital  outlays
    16  incurred  prior  to  July first, two thousand one from its general fund,
    17  capital fund or reserved funds and current  year  approved  expenditures
    18  for  debt  service,  including  debt  service  for refunding bond issues
    19  eligible for an apportionment pursuant to paragraph g of  this  subdivi-
    20  sion and lease or other annual payments to the New York city educational
    21  construction  fund created by article ten of this chapter or the city of
    22  Yonkers educational construction fund created by article ten-B  of  this
    23  chapter which have been pledged to secure the payment of bonds, notes or
    24  other obligations issued by the fund to finance the construction, acqui-
    25  sition,  reconstruction,  rehabilitation  or  improvement  of the school
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05459-03-5

        S. 7929                             2
 
     1  portion of combined occupancy structures, or for lease or  other  annual
     2  payments  to the New York state urban development corporation created by
     3  chapter one hundred seventy-four of the laws of nineteen hundred  sixty-
     4  eight,  pursuant  to  agreement  between  such  school district and such
     5  corporation relating to the construction,  acquisition,  reconstruction,
     6  rehabilitation  or  improvement  of  any  school building, or for annual
     7  payments to the dormitory authority pursuant to any lease,  sublease  or
     8  other  agreement  relating  to  the financing, refinancing, acquisition,
     9  design,  construction,  reconstruction,   rehabilitation,   improvement,
    10  furnishing  and  equipping  of, or otherwise provide for school district
    11  capital facilities or school district capital equipment made  under  the
    12  provisions  of  section sixteen hundred eighty of the public authorities
    13  law, or for annual payments pursuant to any  lease,  sublease  or  other
    14  agreement  relating  to the financing, refinancing, acquisition, design,
    15  construction, reconstruction,  rehabilitation,  improvement,  furnishing
    16  and equipping of, or otherwise providing for educational facilities of a
    17  city  school district under the provisions of section sixteen of chapter
    18  six hundred five of the laws of two thousand, or for payments,  pursuant
    19  to  any  assignment  authorized  by section twenty-seven hundred ninety-
    20  nine-tt of the public authorities law, of debt service in furtherance of
    21  funding the five-year educational facilities capital plan of the city of
    22  New York school district or related debt service costs and  expenses  as
    23  set  forth  in  such section, for annual payments pursuant to any lease,
    24  sublease or other agreement  relating  to  the  financing,  refinancing,
    25  design,  reconstruction,  rehabilitation,  improvement,  furnishing  and
    26  equipping of, or otherwise providing for projects authorized pursuant to
    27  the city of Syracuse and the board  of  education  of  the  city  school
    28  district  of the city of Syracuse cooperative school reconstruction act,
    29  for annual payments pursuant to any lease, sublease or  other  agreement
    30  relating to the financing, refinancing, design, reconstruction, rehabil-
    31  itation,  improvement, furnishing and equipping of, or otherwise provid-
    32  ing for projects authorized pursuant to the city of  Rochester  and  the
    33  board  of education of the city school district of the city of Rochester
    34  school facilities modernization program act, for annual payments  pursu-
    35  ant to any lease, sublease or other agreement relating to the financing,
    36  refinancing,   design,   construction,  reconstruction,  rehabilitation,
    37  improvement, furnishing and equipping of,  or  otherwise  providing  for
    38  projects authorized pursuant to the Yonkers city school district facili-
    39  ties  modernization  program  act, or for lease, lease-purchase or other
    40  annual payments to another school district  or  person,  partnership  or
    41  corporation  pursuant  to  an  agreement  made  under  the provisions of
    42  section four hundred three-b, subdivision eight of  section  twenty-five
    43  hundred  three, or subdivision six of section twenty-five hundred fifty-
    44  four of this chapter, provided that the apportionment for such lease  or
    45  other  annual  payments  under  the  provisions  of section four hundred
    46  three-b, subdivision eight of  section  twenty-five  hundred  three,  or
    47  subdivision  six of section twenty-five hundred fifty-four of this chap-
    48  ter, other than payments under a lease-purchase agreement or  an  equiv-
    49  alent  agreement,  shall  be  based  upon  approved  expenditures in the
    50  current year. Approved expenditures for capital outlays  from  a  school
    51  district's  general  fund,  capital  fund  or  reserved  funds  that are
    52  incurred on or after July first, two thousand two, and are  not  aidable
    53  pursuant  to subdivision six-f of this section, shall be aidable as debt
    54  service under an assumed amortization established pursuant to paragraphs
    55  e and j of this subdivision. In  any  such  case  approved  expenditures
    56  shall be only for new construction, reconstruction, purchase of existing

        S. 7929                             3
 
     1  structures,  for  site  purchase  and  improvement, for new garages, for
     2  original  equipment,  furnishings,  machinery,  or  apparatus,  and  for
     3  professional  fees  and  other  costs incidental to such construction or
     4  reconstruction,  or  purchase  of  existing structures. In the case of a
     5  lease or lease-purchase  agreement  entered  pursuant  to  section  four
     6  hundred  three-b, subdivision eight of section twenty-five hundred three
     7  or subdivision six of section twenty-five  hundred  fifty-four  of  this
     8  chapter,  approved  expenditures  for the lease or other annual payments
     9  shall not include the costs of heat, electricity, water or other  utili-
    10  ties or the costs of operation or maintenance of the leased facility. An
    11  apportionment  shall  be  available  pursuant  to  this  subdivision for
    12  construction, reconstruction, rehabilitation or improvement in a  build-
    13  ing,  or  portion thereof, being leased by a school district only if the
    14  lease is for a term of at least ten years subsequent to the date of  the
    15  general  construction  contract  for  such construction, reconstruction,
    16  rehabilitation or improvement. Each school district shall prepare a five
    17  year capital facilities plan, pursuant to regulations developed  by  the
    18  commissioner  for  such  purpose,  provided  that  in the case of a city
    19  school district in a city having a population of one million inhabitants
    20  or more, such facilities  plan  shall  comply  with  the  provisions  of
    21  section  twenty-five  hundred ninety-p of this chapter and this subdivi-
    22  sion. Such plan shall include, but not be limited to, a building  inven-
    23  tory,  and  estimated  expense  of facility needs, for new construction,
    24  additions, alterations, reconstruction, major repairs,  energy  consump-
    25  tion and maintenance by school building, as appropriate. Such plan shall
    26  consider the incorporation of design principles and strategies, pursuant
    27  to  guidance  issued  by  the  commissioner,  as part of a comprehensive
    28  approach to provide a safe, secure and healthy school environment.  Such
    29  five  year  plan shall include a priority ranking of projects, including
    30  those necessary to comply with such safety standards as are  established
    31  pursuant  to  subdivision  fifty-seven  of section three hundred five of
    32  this chapter, and shall be amended if necessary  to  reflect  subsequent
    33  on-site  evaluations of facilities conducted by state supported contrac-
    34  tors.
    35    § 3. This act shall take effect on the first of July  next  succeeding
    36  the date on which it shall have become a law.
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