senate Bill S2327

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs

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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

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

Summary

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs; such programs shall present some form of educational instruction or academic material, or promote physical education; the school district shall provide such facilities at not fee or for a minimal fee.

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Bill Details

See Assembly Version of this Bill:
A3063
Versions:
S2327
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§414 & 2590-h, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3647, A5354
2009-2010: S6353, A3582A
2007-2008: A4356

Sponsor Memo

BILL NUMBER:S2327

TITLE OF BILL: An act to amend the education law, in relation to use
of school facilities by not-for-profit and charitable organizations
for after-school programs

PURPOSE OR GENERAL IDEA OF BILL: To allow not-for-profit and
charitable organizations to have access to school facilities in each
community school district or regular school district to sponsor
after-school programs. Such programs must present some form of
educational instruction, academic material, or physical fitness
activity.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Education Law to add a new section 414(1) (1) to
authorize school districts to permit not-for-profit and charitable
organizations to sponsor after school programs on school grounds that
provide educational instruction or physical education.

Section 2: Amends Education Law section 414(2) to permit such school
districts to provide such school space at either no or a minimal fee
as long as educational or physical education programs are being
provided.

Sections 3 and 4: Amends both Education Law sections 2590-h (27) to
add to the authority of the Chancellor of the New York City School
District the authority to allow a not-for-profit or charitable
organization to offer after school programs on school grounds as long
as such programs provide some form of educational programming or
physical education. The District may charge no or a minimal fee as
long as such programs are educational or promote physical fitness.

JUSTIFICATION: This bill allows not-for-profit and charitable
organizations access to school facilities to carry out their after
school programs. These programs offer young people a chance to improve
their social development and promote physical fitness in a safe and
stimulating environment. A number of after school programs operate
within school facilities and they receive afterschool academic
support, sports and cultural programs. This bill merely encourages
more organizations, such as not-for-profit and charitable
organizations, to become an additional source of sponsors to conduct
such beneficial after school programs for our children.

This bill will authorize school districts to expand their ability to
conduct after school programs that keep children off the streets in an
unsupervised manner and promote further academic progress and promote
physical fitness. Encouraging the use of school facilities for
physical education and exercise can help to reduce child obesity,
which is a serious and growing public health problem. Child obesity
can lead to the early onset of diabetes and respiratory problems.
Further, child obesity can lead to a far lower quality of life for
individuals as they get older.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 3647 - Referred to Education
2010 - Referred to Education 2009 - Referred to Rules 2007 - A.4356


Referred to Education, Reported to Rules 2006 - A.11941 Referred to
Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 180th day after it
shall have become law, with provisions.

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

                                  2327

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced by Sens. KLEIN, ADAMS, HASSELL-THOMPSON, SAVINO -- 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:

  Section 1. Subdivision 1 of  section  414  of  the  education  law  is
amended by adding a new paragraph (l) to read as follows:
  (L)  FOR  BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY A NOT-FOR-PROFIT
OR CHARITABLE ORGANIZATION. SUCH PROGRAMS SHALL  PRESENT  SOME  FORM  OF
EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
TION.
  S  2. Subdivision 2 of section 414 of the education law, as amended by
chapter 513 of the laws of 2005, is amended to read as follows:
  2. The trustees or board of education shall determine  the  terms  and
conditions  for  such use which may include rental at least in an amount
sufficient to cover all resulting expenses for  the  purposes  of  para-
graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
(d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
allow  the  exclusion of any district child solely because said child is
not attending a district school or not  attending  the  district  school
which is sponsoring such use or on which grounds the use is to occur.
  S 3. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06004-01-3

S. 2327                             2

  27.  Promulgate regulations, in conjunction with each community super-
intendent, establishing a plan for providing access to school facilities
in each community school district, when not in use for school  purposes,
in  accordance  with  the provisions of section four hundred fourteen of
this  chapter. Such plan shall set forth a reasonable system of fees not
to exceed the actual costs and specify that no part  of  any  fee  shall
directly  or  indirectly  benefit  or be deposited into an account which
inures  to  the  benefit  of  the  custodians  or  custodial  engineers.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, SUCH PLAN  MAY PROVIDE THAT EITHER NO FEE  OR  A  MINIMAL  FEE
SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
CHARITABLE  ORGANIZATION.  THE  USE OF SUCH FACILITIES SHALL ONLY BE FOR
BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME  FORM  OF  EDUCATIONAL
INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
  S 4. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
  27. Develop, in conjunction with each community superintendent, a plan
for  providing  access  to  school  facilities  in each community school
district, when not in use for school purposes, in  accordance  with  the
provisions  of  section four hundred fourteen of this chapter. Such plan
shall set forth a reasonable system of fees not  to  exceed  the  actual
costs  and  specify that no part of any fee shall directly or indirectly
benefit or be deposited into an account which inures to the  benefit  of
the  custodians  or  custodial  engineers.    NOTWITHSTANDING  ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO  THE  CONTRARY,  SUCH  PLAN  MAY
PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE
OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
THAT  PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL,
OR PROMOTE PHYSICAL EDUCATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the amendments to  subdivision
27 of section 2590-h of the education law, made by section three of this
act,  shall  be subject to the expiration and reversion of such section,
pursuant to subdivision 12 of section 17 of chapter 345 of the  laws  of
2009,  as amended, when upon such date the provisions of section four of
this act shall take effect.

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