S T A T E O F N E W Y O R K
________________________________________________________________________
3582--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04414-03-0
A. 3582--A 2
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:
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.