S T A T E O F N E W Y O R K
________________________________________________________________________
265
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CASTRO, STEVENSON, CRESPO, RODRIGUEZ, HEASTIE,
GIBSON, SCARBOROUGH, THIELE, ARROYO, HIKIND, BARRON, PRETLOW, CAMARA,
ORTIZ, HOOPER, PERRY, ESPINAL, MILLER, BRINDISI, COLTON, RAMOS --
Multi-Sponsored by -- M. of A. ABBATE, AUBRY, BARCLAY, BOYLAND,
BUTLER, CERETTO, CORWIN, CROUCH, CURRAN, FITZPATRICK, GABRYSZAK,
GIGLIO, GRAF, HAWLEY, LOSQUADRO, MALLIOTAKIS, McDONOUGH, McLAUGHLIN,
MOYA, PALMESANO, RA, RAIA, REILICH, ROBINSON, SALADINO, SCHIMMINGER,
SIMANOWITZ, TEDISCO, WALTER, WRIGHT -- read once and referred 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 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.
LBD02223-01-3
A. 265 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.