NY State Senate Bill 2011-S6087

Senate Bill S6087

2011-2012 Legislative Session

Authorizes the use of school buildings and school sites for religious meetings and worship when not in use for school purposes

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2012	referred to education delivered to assembly passed senate
Jan 31, 2012	advanced to third reading
Jan 30, 2012	2nd report cal.
Jan 24, 2012	1st report cal.126
Jan 13, 2012	print number 6087a
Jan 13, 2012	amend and recommit to education
Jan 04, 2012	referred to education

Votes

- Feb 6, 2012 - Floor Vote
  S6087
  
  54
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 6, 2012
      
      aye (54)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (7)
      
      Duane
      
      Krueger
      
      Montgomery
      
      Oppenheimer
      
      Perkins
      
      Squadron
      
      Stavisky
  Jan 24, 2012 - Education Committee Vote
  S6087
  
  11
  
  Aye
  
  1
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 24, 2012
      
      aye (11)
      
      Addabbo Jr.
      
      Avella
      
      Farley
      
      Flanagan
      
      Huntley
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      nay (1)
      
      Montgomery
      
      aye wr (6)
      
      Breslin
      
      LaValle
      
      Oppenheimer
      
      Saland
      
      Serrano
      
      Stavisky

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2011-S6087 - Details

See Assembly Version of this Bill:: A8800
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A265, A7560
2015-2016: A6843

2011-S6087 - Summary

Authorizes the use of school buildings and school sites for religious meetings and worship when not in use for school purposes or when such service or worship is deemed not disruptive of normal school operations.

2011-S6087 - Sponsor Memo

                                BILL NUMBER:S6087

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing religious
meetings and worship in school buildings and school sites

PURPOSE:
The purpose of the bill is to authorize the use of school buildings
and school sites for religious meetings and worship when not in use
for school purposes.

SUMMARY OF PROVISIONS:
Section 1 amends 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 to
include:

The City of New York and community school boards and;

A provision that prohibits the adoption of restrictions to exclude or
limit speech, during non-school hours, including speech that
expresses religious conduct or viewpoints.

JUSTIFICATION:

This bill would prevent school districts from excluding groups from
meeting on school property because of the religious content or
viewpoint of their speech, including allowing religious worship
services.

Currently, State Education Law allows for social, civic and
recreational meetings and entertainment on school property, as well
as other uses pertaining to the welfare of the community. State law
further holds that such meetings, entertainment and uses shall be
nonexclusive and shall be open to the general public. However,
certain groups or organizations are not always allowed to hold the
types of meetings seemingly envisioned herein, including those with
religious content or viewpoints.

For example, several years ago, a U.S. Appeals Court ruled that the
Bronx Household of Faith church ("Bronx Household"), based in New
York city, was not permitted to use space in a Bronx public middle
school for its Sunday morning worship service. Since then, however,
the United
States Supreme Court ruled in Good News club vs. Milford Central
School that it was unconstitutional for a public school district in
upstate New York to exclude from its facilities "a private Christian
organization for children, and the Supreme Court further held in the
Good News Club case that "by denying the club access to the school's
limited public forum on the ground that the club was religious in
nature, Milford discriminated against the club because of its
religious viewpoint in violation of the free speech clause.

In light of Milford, Bronx Household re-petitioned the U.S. appeals
court, which again upheld the school's policy banning the use of its


space for religious worship services, reasoning that "While the
conduct of religious services undoubtedly includes expressions of a
religious point of view, it is not the expression of that point of
view that is prohibited by the rule.
Prayer, religious expression of devotion to God, and the singing of
hymns, whether done by a person or group, do not constitute the
conduct of worship services. These activities are not excluded".
Groups like Bronx Household should be allowed to hold and conduct
such meetings, even in the event that such meetings include religious
content or views in their speech, so long as these meetings are open
to the general public. Some school districts have excluded groups and
have thereby acted to regulate free speech and the conduct of such
members of the public, potentially in violation of the First
Amendment to the Constitution of the united States. This bill seeks
to protect such organizations from these actions.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6087 - Bill Text download pdf

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

                                  6087

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 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 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
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

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

                                                           LBD13680-01-1

S. 6087                             2

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.   RELIGIOUS MEETINGS SHALL INCLUDE, BUT NOT BE LIMITED TO,
MEETINGS, SERVICES AND WORSHIP.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2011-S6087A (ACTIVE) - Details

See Assembly Version of this Bill:: A8800
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A265, A7560
2015-2016: A6843

2011-S6087A (ACTIVE) - Summary

2011-S6087A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6087A               REVISED 01/27/12

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing religious
meetings and worship in school buildings and school sites

PURPOSE:
The purpose of the bill is to authorize the use of school buildings
and school sites for religious meetings and worship when not in use
for school purposes.

SUMMARY OF PROVISIONS:
Section 1 amends 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 to
include:

The City of New York and community school boards and;

A provision that prohibits the adoption of restrictions to exclude or
limit speech, during non-school hours, including speech that
expresses religious conduct or viewpoints.

JUSTIFICATION:

This bill would prevent school districts from excluding groups from
meeting on school property because of the religious content or
viewpoint of their speech, including allowing religious worship
services.

Currently, State Education Law allows for social, civic and
recreational meetings and entertainment on school property, as well
as other uses pertaining to the welfare of the community. State law
further holds that such meetings, entertainment and uses shall be
nonexclusive and shall be open to the general public. However,
certain groups or organizations are not always allowed to hold the
types of meetings seemingly envisioned herein, including those with
religious content or viewpoints.

For example, several years ago, a U.S. Appeals Court ruled that the
Bronx Household of Faith church ("Bronx Household") ( based in New
York city, was not permitted to use space in a Bronx public middle
school for its Sunday morning worship service. Since then, however,
the United
States Supreme Court ruled in Good News Club vs. Milford central
School that it was unconstitutional for a public school district in
upstate New York to exclude from its facilities "a private Christian
organization for children, and the Supreme Court further held in the
Good News Club case that "by denying the club access to the school's
limited public forum on the ground that the club was religious in
nature, Milford discriminated against the club because of its
religious viewpoint in violation of the free speech clause.

In light of Milford, Bronx Household re-petitioned the U.S. appeals
court, which again upheld the school's policy banning the use of its


space for religious worship services, reasoning that "While the
conduct of religious services undoubtedly includes expressions of a
religious point of view, it is not the expression of that point of
view that is prohibited by the rule.
Prayer, religious expression of devotion to God, and the singing of
hymns, whether done by a person or group, do not constitute the
conduct of worship services. These activities are not excluded".
Groups like Bronx Household should be allowed to hold and conduct
such meetings, even in the event that such meetings include religious
content or views in their speech, so long as these meetings are open
to the general public. Some school districts have excluded groups and
have thereby acted to regulate free speech and the conduct of such
members of the public, potentially in violation of the First
Amendment to the Constitution of the united States. This bill seeks
to protect such organizations from these actions.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6087A (ACTIVE) - Bill Text download pdf

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

                                 6087--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO, DIAZ, GALLIVAN, GRIFFO, GRISAN-
  TI,  KENNEDY,  LANZA, LIBOUS, MAZIARZ, O'MARA, RIVERA, SAMPSON, SMITH,
  ZELDIN -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
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

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

                      [ ] is old law to be omitted.
                                                           LBD13680-02-2

S. 6087--A                          2

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6087

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2011-S6087 - Details

2011-S6087 - Summary

2011-S6087 - Sponsor Memo

2011-S6087 - Bill Text download pdf

co-Sponsors

2011-S6087A (ACTIVE) - Details

2011-S6087A (ACTIVE) - Summary

2011-S6087A (ACTIVE) - Sponsor Memo

2011-S6087A (ACTIVE) - Bill Text download pdf

Comments