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, arts instruction, community service or other activities to promote youth development; provides the school district shall provide such facilities at no fee or for a minimal fee.
STATE OF NEW YORK
________________________________________________________________________
4491
2015-2016 Regular Sessions
IN SENATE
March 24, 2015
___________
Introduced by Sen. KLEIN -- 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 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, arts instruction, community service or other activities to promote
7 youth development.
8 § 2. Subdivision 2 of section 414 of the education law, as amended by
9 chapter 513 of the laws of 2005, is amended to read as follows:
10 2. (a) The trustees or board of education shall determine the terms
11 and conditions for such use which may include rental at least in an
12 amount sufficient to cover all resulting expenses for the purposes of
13 paragraphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision
14 one of this section. Any such use, pursuant to paragraphs (a), (c), (d),
15 (h) and (j) of subdivision one of this section, shall not allow the
16 exclusion of any district child solely because said child is not attend-
17 ing a district school or not attending the district school which is
18 sponsoring such use or on which grounds the use is to occur.
19 (b) For purposes of paragraph (1) of subdivision one of this section,
20 the trustees or board of education may provide that either no fee or a
21 minimal fee be imposed upon the not-for-profit or charitable organiza-
22 tion, and shall, in no event, impose a fee greater than the actual
23 expenses incurred through the rental of the space used by the not-for-
24 profit or charitable organization. Actual expenses may include any addi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07401-03-5
S. 4491 2
1 tional staff or contractor time, facilities maintenance activities,
2 utilities charges and additional security measures incurred directly due
3 to the presence of the program in the schoolhouse or on the grounds when
4 not in use for school purposes and activities conducted by the program.
5 Actual expenses shall not include any staff or contractor time, mainte-
6 nance activities, utility costs or security measures that would have
7 been incurred if the program had not been held. If more than one organ-
8 ization is holding an activity in the schoolhouse or on the grounds when
9 not in use for school purposes at the same time, actual expenses shall
10 be divided proportionately between such organizations and shall not
11 exceed the total actual expenses incurred. The not-for-profit or chari-
12 table organization, upon request, shall be provided with documentation
13 of the actual expenses incurred.
14 § 3. Subdivision 27 of section 2590-h of the education law, as amended
15 by chapter 345 of the laws of 2009, is amended to read as follows:
16 27. Promulgate regulations, in conjunction with each community super-
17 intendent, establishing a plan for providing access to school facilities
18 in each community school district, when not in use for school purposes,
19 in accordance with the provisions of section four hundred fourteen of
20 this chapter. Such plan shall set forth a reasonable system of fees not
21 to exceed the actual costs and specify that no part of any fee shall
22 directly or indirectly benefit or be deposited into an account which
23 inures to the benefit of the custodians or custodial engineers. Actual
24 costs may include any additional staff or contractor time, facilities
25 maintenance activities, utilities charges and additional security meas-
26 ures incurred directly due to the presence of an organization in school
27 facilities when not in use for school purposes and the activities
28 conducted by that organization. Actual costs shall not include any staff
29 or contractor time, maintenance activities, utility costs or security
30 measures that would have been incurred if those activities had not been
31 held. If more than one organization is holding an activity in the school
32 facilities when not in use for school purposes at the same time, actual
33 costs shall be divided proportionately between such organizations and
34 shall not exceed the total actual costs incurred. The plan shall provide
35 that the organization shall, upon request, be provided with documenta-
36 tion of the actual costs incurred. Notwithstanding any other provision
37 of law, rule or regulation to the contrary, such plan may provide that
38 either no fee or a minimal fee shall be charged for the use of school
39 facilities by a not-for-profit or charitable organization that presents
40 some form of educational instruction or academic material, or provides
41 physical education, arts instruction, community service or other activ-
42 ities to promote youth development.
43 § 4. Subdivision 27 of section 2590-h of the education law, as amended
44 by chapter 720 of the laws of 1996, is amended to read as follows:
45 27. Develop, in conjunction with each community superintendent, a plan
46 for providing access to school facilities in each community school
47 district, when not in use for school purposes, in accordance with the
48 provisions of section four hundred fourteen of this chapter. Such plan
49 shall set forth a reasonable system of fees not to exceed the actual
50 costs and specify that no part of any fee shall directly or indirectly
51 benefit or be deposited into an account which inures to the benefit of
52 the custodians or custodial engineers. Actual costs may include any
53 additional staff or contractor time, facilities maintenance activities,
54 utilities charges and additional security measures incurred directly due
55 to the presence of an organization in school facilities when not in use
56 for school purposes and the activities conducted by that organization.
S. 4491 3
1 Actual costs shall not include any staff or contractor time, maintenance
2 activities, utility costs or security measures that would have been
3 incurred if those activities had not been held. If more than one organ-
4 ization is holding an activity in the school facilities when not in use
5 for school purposes at the same time, actual costs shall be divided
6 proportionately between such organizations and shall not exceed the
7 total actual costs incurred. The plan shall provide that the organiza-
8 tion shall, upon request, be provided with documentation of the actual
9 costs incurred. Notwithstanding any other provision of law, rule or
10 regulation to the contrary, such plan may provide that either no fee or
11 a minimal fee shall be charged for the use of school facilities by a
12 not-for-profit or charitable organization. The use of such facilities
13 shall only be for bona fide after-school programs that present some form
14 of educational instruction or academic material, or promote physical
15 education.
16 § 5. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law; provided that the amendments to subdivision
18 27 of section 2590-h of the education law, made by section three of this
19 act, shall be subject to the expiration and reversion of such section,
20 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
21 2009, as amended, when upon such date the provisions of section four of
22 this act shall take effect.
