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

                                 8800--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  M.  of A. CASTRO, STEVENSON, CRESPO, RODRIGUEZ, HEASTIE,
  GIBSON, SCARBOROUGH, THIELE, ARROYO, JEFFRIES, HIKIND, McENENY,  REIL-
  LY, BARRON, PRETLOW, CAMARA, ORTIZ, HOOPER, PERRY, ESPINAL, P. RIVERA,
  M. MILLER,  BRINDISI,  COLTON, RAMOS, MENG -- Multi-Sponsored by -- M.
  of A. ABBATE,  AUBRY,  BARCLAY,  BOYLAND,  BURLING,  BUTLER,  CALHOUN,
  CERETTO, CORWIN, CROUCH, CURRAN, FITZPATRICK, GABRYSZAK, GIGLIO, GRAF,
  HAWLEY,  LOSQUADRO,  MALLIOTAKIS,  McDONOUGH,  McLAUGHLIN,  D. MILLER,
  J. MILLER, MOYA, MURRAY, PALMESANO, RA, RAIA, REILICH, ROBINSON, SALA-
  DINO, SCHIMMINGER, SIMANOWITZ, TEDISCO,  TOBACCO,  WALTER,  WRIGHT  --
  read  once  and  referred  to  the Committee on Education -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to authorizing  religious
  meetings and worship in school buildings and school sites

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

  Section 1. The opening paragraph and paragraph (c) of subdivision 1 of
section 414 of the education law, the opening paragraph  as  amended  by
chapter  369 of the laws of 1977 and paragraph (c) as amended by chapter
345 of the laws of 2009, are amended and a new subdivision 3 is added to
read as follows:
  Schoolhouses and the grounds  connected  therewith  and  all  property
belonging  to the district shall be in the custody and under the control
and supervision of the trustees or board of education of  the  district.
The  trustees  or  board  of  education,  OR IN THE CITY OF NEW YORK THE
COMMUNITY SCHOOL BOARD, may adopt reasonable regulations for the use  of
such schoolhouses, grounds or other property, all portions thereof, when
not  in  use for school purposes or when the school is in use for school
purposes if in the opinion of the trustees or  board  of  education  use
will  not  be  disruptive  of  normal  school operations, for such other
public purposes as are herein provided[; except, however, in the city of
New York each community school board shall be authorized to prohibit any
use of schoolhouses and school grounds within its district  which  would

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13680-03-2

A. 8800--A                          2

otherwise be permitted under the provisions of this section]. Such regu-
lations  shall  provide  for  the  safety and security of the pupils and
shall not conflict with the provisions of this chapter and shall conform
to  the  purposes  and  intent  of  this section and shall be subject to
review on appeal to the commissioner of education as  provided  by  law.
The  trustees  or  board  of  education of each district may, subject to
regulations adopted as above provided, permit the use of the schoolhouse
and rooms therein, and the grounds and other property of  the  district,
when  not  in  use  for school purposes or when the school is in use for
school purposes if in the opinion of the trustees or board of  education
use  will  not be disruptive of normal school operations, for any of the
following purposes:
  (c) For holding social, civic, RELIGIOUS and recreational meetings and
entertainments, and other uses pertaining to the welfare of the communi-
ty; but such meetings, entertainment and uses shall be non-exclusive and
shall be open to the general public. Civic meetings shall  include,  but
not  be  limited  to, meetings of parent associations and parent-teacher
associations.
  3. NOTHING IN THIS SECTION SHALL AUTHORIZE THE TRUSTEES  OR  BOARD  OF
EDUCATION  OF THE DISTRICT TO ADOPT OR INTERPRET REGULATIONS FOR THE USE
OF SCHOOLHOUSES, GROUNDS OR OTHER PROPERTY, PURSUANT TO SUBDIVISION  ONE
OF  THIS  SECTION,  THAT  WOULD RESULT IN THE EXCLUSION OR LIMITATION OF
SPEECH, DURING NON SCHOOL HOURS, EVEN WHERE  STUDENTS  MAY  BE  PRESENT,
INCLUDING  SPEECH THAT EXPRESSES RELIGIOUS CONDUCT OR DISCUSSES SUBJECTS
FROM A RELIGIOUS VIEWPOINT.
  S 2. This act shall take effect immediately.