senate Bill S327

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to education
Mar 29, 2011 defeated in education
Feb 28, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to education

Votes

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Mar 29, 2011 - Education committee Vote

S327
8
10
committee
8
Aye
10
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

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S327 - Bill Details

See Assembly Version of this Bill:
A1088
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยงยง3602 & 414, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6719A, A9860A

S327 - Bill Texts

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

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BILL NUMBER:S327

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

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.

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

                                   327

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KLEIN,
  KRUEGER, OPPENHEIMER, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01530-01-1

S. 327                              2

within, a  public  school  facility  housing  programs  for  nondisabled
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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