senate Bill S1373

Amends the education law relating to school based health and mental health clinics in certain cities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Relates to school based health and mental health clinics in certain cities.

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Bill Details

See Assembly Version of this Bill:
A146
Versions:
S1373
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง3602 & 414, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S327, A1088
2009-2010: S6719A, A9860A

Sponsor Memo

BILL NUMBER:S1373

TITLE OF BILL:
An act
to amend the education law, in relation to the construction of school
based health and mental health clinics in certain cities

PURPOSE OF THE BILL:
To permit school-based health and mental health clinics to be eligible
for facility reimbursement in high poverty school districts of the
State's largest urban centers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the education law to permit up to 2,000
square feet of space to be eligible for reimbursement under the
State's Building Aid formula for school-based health and mental
health clinics in a city with more than 125,000 inhabitants.

Section 2 of this bill amends the education law to allow building
space allocated for health, dental and mental health services to be
included in the rated capacity of the school building for the purpose
of computing building aid if such aid is authorized in a city with
more than 125,000 inhabitants.

JUSTIFICATION:
The State's large city school districts are making steady progress in
raising student achievement and have seen an increasing number of
pupils meeting State standards. While student achievement is
improving, pupil demographics remain constant. Pupils educated in the
State's five largest school systems are overwhelmingly poor, highly
mobile and many are in need of special services. City schools
currently provide an array of programs and services to assist pupils
in their academic, social, emotional, health and well being. This
proposal is designed to assist high-need urban school districts
expand their capacity to provide health and mental health services by
permitting construction and reconstruction of these on-site clinics
to be reimbursable.

LEGISLATIVE HISTORY:
2010: S.6719A - Passed Education Committee
2011-12: S.327 - Died in Committee

FISCAL IMPLICATIONS:
For the State, it would be limited by district capital plans and would
be comparable to Building Aid reimbursement for renovating a
classroom.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1373

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MONTGOMERY, ADAMS, HASSELL-THOMPSON, KLEIN, KRUEGER,
  PARKER,  SQUADRON, VALESKY -- 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  the  construction  of
  school based health and mental health clinics in certain cities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 1 of paragraph a of subdivision 6  of  section
3602  of the education law, as amended by section 5 of part A of chapter
60 of the laws of 2000, is amended to read as follows:
  (1) For new construction and the purchase of existing structures,  the
cost  allowances  shall be based upon the rated capacity of the building
or addition and a basic per pupil allowance of up to six thousand  three
hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
reflecting changes in the cost of labor and materials since July  first,
nineteen  hundred  ninety-two, established by the commissioner of labor,
modified by an annual county or multi-county labor market composite wage
rate, established by the commissioner of labor in consultation with  the
commissioner,  for  July  first of the base year, commencing July first,
nineteen hundred ninety-seven for general construction contracts awarded
on or after July first, nineteen hundred ninety-eight,  indexed  to  the
median  of  such  county  or  multi-county rates, but not less than one.
Such base allowance shall apply to a building  or  an  addition  housing
grades  prekindergarten through six and shall be adjusted for a building
or an addition housing grades seven through nine by a factor of one  and
four-tenths,  for a building or an addition housing grades seven through
twelve by a factor of one and five-tenths, for a  building  or  addition
housing special education programs by a factor of two, except that where
such  building  or  addition  is  connected to, or such space is located
within, a  public  school  facility  housing  programs  for  nondisabled

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00132-01-3

S. 1373                             2

pupils,  as  approved  by  the  commissioner, a factor of three shall be
used. Rated capacity of a building or an addition shall be determined by
the commissioner based on space standards  and  other  requirements  for
building  construction  specified  by  the commissioner.   Such assigned
capacity ratings shall include, in addition to those spaces used for the
instruction of pupils, those spaces which are used  for  elementary  and
secondary  school  libraries,  cafeterias, prekindergarten instructional
rooms, teachers' conference rooms, gymnasiums [and], auditoriums AND  IN
A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS UP TO
TWO THOUSAND SQUARE FEET FOR SCHOOL BASED HEALTH AND MENTAL HEALTH CLIN-
ICS.  For new construction projects approved on or after July first, two
thousand, by the voters of the school district or by the board of educa-
tion of a city school district in a city  with  more  than  one  hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district  in  a  city  having  a population of one million or more, such
rated capacity for new buildings and additions  constructed  to  replace
existing  buildings  that, in the judgment of the commissioner, have not
been adequately maintained and have not reached their  projected  useful
life  shall  be reduced by the commissioner by an amount proportional to
the remaining unused portion of the useful life of the  existing  build-
ings,  provided however that the commissioner may waive such requirement
upon a finding that replacement of the existing building is necessary to
protect the health and safety of students or staff, that  reconstruction
and  modernization of the existing building would not adequately address
such health and safety problems, and that the need to replace the build-
ing was not caused by failure to adequately maintain  the  building.  If
the  commissioner of labor resets the statewide index reflecting changes
in the costs of labor and materials since July first,  nineteen  hundred
ninety-two,  the  commissioner  shall adopt regulations to supersede the
basic per pupil allowance of up to six thousand three  hundred  seventy-
five dollars to the imputed allowance in effect at that time.
  S  2.  Subparagraph (iii) of paragraph (j) of subdivision 1 of section
414 of the education law, as added by chapter 513 of the laws  of  2005,
is amended to read as follows:
  (iii)  Except where otherwise authorized by law, the cost of providing
health, dental or mental health services shall not be a charge upon  the
school  district or board of cooperative educational services, and shall
be paid from federal, state or other  local  funds  available  for  such
purpose.  Building  space  used for such a clinic shall be excluded from
the rated capacity of the school building for the purpose  of  computing
building  aid  pursuant to subdivision six of section thirty-six hundred
two of this chapter or aid pursuant to subdivision five of section nine-
teen hundred fifty of this chapter, EXCEPT WHEN BUILDING AID IS  SPECIF-
ICALLY AUTHORIZED IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND  INHABITANTS  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH  A  OF
SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 3. This act shall take effect immediately.

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