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A00043 Summary:

COSPNSROtis, Lemondes
MLTSPNSRBarclay, Hawley, Perry, Rivera J
Amd 414, Ed L
Authorizes school district property to be used for not-for-profit dental clinics providing care to families in the district upon the approval of the trustees or board of education of a school district.
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A00043 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M. of A. GUNTHER, OTIS -- Multi-Sponsored by -- M. of A.
          BARCLAY, HAWLEY, PERRY, J. RIVERA -- read once  and  referred  to  the
          Committee on Education
        AN ACT to amend the education law, in relation to authorizing the use of
          schoolhouses and grounds by not-for-profit dental clinics
          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 approved school dental clinics.
     4    (i) For purposes of this paragraph the following terms shall mean:
     5    (A) "Approved school dental clinic" means a not-for-profit clinic that
     6  will  provide  services  during  school hours and/or non-school hours to
     7  school-age and pre-school children.
     8    (B) "Services" means dental services and shall  not  include  instruc-
     9  tional services unless the individual is certified or licensed to teach.
    10    (C)  "School"  means  a  public  school district, board of cooperative
    11  educational services or county vocational education and extension board.
    12    (ii) Health professionals who  provide  services  in  approved  school
    13  dental  health clinics shall be duly licensed pursuant to the provisions
    14  of title eight of this chapter, unless otherwise exempted  by  law,  and
    15  shall  be authorized to provide such services to the extent permitted by
    16  their respective practice acts.
    17    (iii) Except where otherwise authorized by law, the cost of  providing
    18  dental  health services pursuant to this paragraph shall not be a charge
    19  upon the school district.  Building space used exclusively  for  such  a
    20  clinic  shall be excluded from the rated capacity of the school building
    21  for the purpose of computing building aid pursuant to subdivision six of
    22  section thirty-six hundred two of this chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 43                               2
     1    § 2. Subdivision 2 of section 414 of the education law, as amended  by
     2  chapter 513 of the laws of 2005, is amended to read as follows:
     3    2.  The  trustees  or board of education shall determine the terms and
     4  conditions for such use which may include rental at least in  an  amount
     5  sufficient  to  cover  all  resulting expenses for the purposes of para-
     6  graphs (a), (b), (c), (d), (e), (g), (i), (j)  [and],  (k)  and  (l)  of
     7  subdivision  one  of  this section. Any such use, pursuant to paragraphs
     8  (a), (c), (d), (h) [and],  (j)  and  (l)  of  subdivision  one  of  this
     9  section,  shall  not  allow  the  exclusion of any district child solely
    10  because said child is not attending a district school or  not  attending
    11  the district school which is sponsoring such use or on which grounds the
    12  use is to occur.
    13    § 3. This act shall take effect immediately.
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