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.
STATE OF NEW YORK
2021-2022 Regular Sessions
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.