S T A T E O F N E W Y O R K
________________________________________________________________________
467
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GUNTHER, LIFTON, ORTIZ -- Multi-Sponsored by --
M. of A. DESTITO, GANTT, MORELLE, PHEFFER -- 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:
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 APPROVED SCHOOL DENTAL CLINICS.
(I) FOR PURPOSES OF THIS PARAGRAPH THE FOLLOWING TERMS SHALL MEAN:
(A) "APPROVED SCHOOL DENTAL CLINIC" MEANS A NOT-FOR-PROFIT CLINIC THAT
WILL PROVIDE SERVICES DURING SCHOOL HOURS AND/OR NON-SCHOOL HOURS TO
SCHOOL-AGE AND PRE-SCHOOL CHILDREN.
(B) "SERVICES" MEANS DENTAL SERVICES AND SHALL NOT INCLUDE INSTRUC-
TIONAL SERVICES UNLESS THE INDIVIDUAL IS CERTIFIED OR LICENSED TO TEACH.
(C) "SCHOOL" MEANS A PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
(II) HEALTH PROFESSIONALS WHO PROVIDE SERVICES IN APPROVED SCHOOL
DENTAL HEALTH CLINICS SHALL BE DULY LICENSED PURSUANT TO THE PROVISIONS
OF TITLE EIGHT OF THIS CHAPTER, UNLESS OTHERWISE EXEMPTED BY LAW, AND
SHALL BE AUTHORIZED TO PROVIDE SUCH SERVICES TO THE EXTENT PERMITTED BY
THEIR RESPECTIVE PRACTICE ACTS.
(III) EXCEPT WHERE OTHERWISE AUTHORIZED BY LAW, THE COST OF PROVIDING
DENTAL HEALTH SERVICES PURSUANT TO THIS PARAGRAPH SHALL NOT BE A CHARGE
UPON THE SCHOOL DISTRICT. BUILDING SPACE USED EXCLUSIVELY 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02087-01-1
A. 467 2
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) AND (L) of
subdivision one of this section. Any such use, pursuant to paragraphs
(a), (c), (d), (h) [and], (j) AND (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. This act shall take effect immediately.