NY State Senate Bill 2015-S4491

Senate Bill S4491

2015-2016 Legislative Session

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to education
Mar 24, 2015	referred to education

2015-S4491 (ACTIVE) - Details

See Assembly Version of this Bill:: A3984
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§414 & 2590-h, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6353, A3582
2011-2012: S3647, A5354
2013-2014: S2327, A3063
2017-2018: A3247
2019-2020: A4146
2021-2022: A2161

2015-S4491 (ACTIVE) - Summary

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs; requires programs to present some form of educational instruction or academic material, or promote physical education, arts instruction, community service or other activities to promote youth development; provides the school district shall provide such facilities at no fee or for a minimal fee.

2015-S4491 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4491

 TITLE OF BILL :

An act to amend the education law, in relation to use of school
facilities by not-for-profit and charitable organizations for
after-school programs

 PURPOSE OR GENERAL IDEA OF BILL :

To facilitate the ability of not-for-profit and charitable
organizations to more easily gain access to school facilities in each
community school district or regular school district so that they may
sponsor after-school programs. Such programs must present some form of
educational instruction, academic material, or physical fitness
activity, arts instruction, community service, or other activities
that promote youth development.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends the Education Law to add a new section 414(1) to
encourage more after-school programs operated by not-for-profit or
charitable organization to present some form of educational
instruction or academic material, or promote physical education, arts
instruction, community service or other activities to promote youth
development.

Section 2: Amends the Education Law section 414(2) to more clearly
authorize trustees or boards of education to determine the terms and
conditions for such use of school facilities after school by a
not-for-profit or a charitable organization. The trustees or boards of
education may provide that either no fee or a minimal fee be imposed
upon the not-for-profit or charitable organization in order to
encourage the use of such facilities for after school activities that
can offer children the opportunity for physical activity, or other
activities to stimulate their minds and social skills.

Sections 3 + 4: Amends the Education Law sections 2590-h (27) to
promulgate regulations, in conjunction with each community
superintendent, establishing a plan for providing access to school
facilities in each community school district, when not in use for
school purposes. Such plan may provided that no fee or a minimal fee
is charged for the use by a not-for-profit or charitable organization
that presents some form of education instruction or academic material,
or provides physical education, arts instruction, community service or
other activities that promote youth development. This is being done to
encourage the use of such facilities so that more opportunities can be
made available for children to engage in physical activity or other
activities to stimulate their minds and social skills.

Section 5: Effective Date.

 JUSTIFICATION :

This bill helps to facilitate the ability of not-for-profit and
charitable organizations to have better access to school facilities to
carry out their after school programs. These programs offer young
people a chance to improve their social development and promote
physical fitness, arts instruction, and community service in a safe
and stimulating environment. A number of after school programs operate
within school facilities and they receive afterschool academic
support, sports and cultural programs.  This bill merely encourages
more organizations, such as not-for-profit and charitable
organizations, to become an additional source of sponsors to conduct
such beneficial after school programs for our children.

This bill will authorize school districts to expand their capability
to conduct more after school programs that can help keep children off
the streets in an unsupervised manner and promote further academic
progress and promote physical fitness. Encouraging the use of school
facilities for physical education and exercise can help to reduce
child obesity, which is a serious and growing public health problem.
Child obesity can lead to the early onset of diabetes and respiratory
problems. Further, child obesity can lead to a far lower quality of
life for individuals as they get older. In addition, by encouraging
more low cost after school programs for children, this can help to
keep kids off the streets where they have higher likelihood to get in
trouble.

 PRIOR LEGISLATIVE HISTORY :

2014 - S. 2327 - Referred to Education
2012 - S. 3647- Referred to Education
2010 - Referred to Education
2009 - Referred to Rules
2007 - A. 4356 Referred to Education, Reported to Rules
2006 - A. 11941 Referred to Education

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall have become
law, with provisions.

2015-S4491 (ACTIVE) - Bill Text download pdf

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

                                  4491

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 use of school  facili-
  ties  by  not-for-profit and charitable organizations for after-school
  programs

  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 BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY  A  NOT-FOR-PROFIT
OR  CHARITABLE  ORGANIZATION.  SUCH  PROGRAMS SHALL PRESENT SOME FORM OF
EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
TION, ARTS INSTRUCTION, COMMUNITY SERVICE OR OTHER ACTIVITIES TO PROMOTE
YOUTH DEVELOPMENT.
  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.  (A)  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
paragraphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision
one of this section. Any such use, pursuant to paragraphs (a), (c), (d),
(h) and (j) of subdivision one of this  section,  shall  not  allow  the
exclusion of any district child solely because said child is not attend-
ing  a  district  school  or  not attending the district school which is
sponsoring such use or on which grounds the use is to occur.
  (B) FOR PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF THIS  SECTION,
THE  TRUSTEES  OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER NO FEE OR A
MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR  CHARITABLE  ORGANIZA-
TION,  AND  SHALL,  IN  NO  EVENT,  IMPOSE A FEE GREATER THAN THE ACTUAL
EXPENSES  INCURRED  THROUGH  THE  RENTAL  OF  THE  SPACE  USED  BY   THE
NOT-FOR-PROFIT  OR  CHARITABLE ORGANIZATION. ACTUAL EXPENSES MAY INCLUDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07401-03-5

S. 4491                             2

ANY ADDITIONAL STAFF OR CONTRACTOR TIME, FACILITIES  MAINTENANCE  ACTIV-
ITIES,  UTILITIES  CHARGES  AND  ADDITIONAL  SECURITY  MEASURES INCURRED
DIRECTLY DUE TO THE PRESENCE OF THE PROGRAM IN THE SCHOOLHOUSE OR ON THE
GROUNDS  WHEN NOT IN USE FOR SCHOOL PURPOSES AND ACTIVITIES CONDUCTED BY
THE PROGRAM. ACTUAL EXPENSES SHALL NOT INCLUDE ANY STAFF  OR  CONTRACTOR
TIME,  MAINTENANCE  ACTIVITIES,  UTILITY COSTS OR SECURITY MEASURES THAT
WOULD HAVE BEEN INCURRED IF THE PROGRAM HAD NOT BEEN HELD.  IF MORE THAN
ONE ORGANIZATION IS HOLDING AN ACTIVITY IN THE  SCHOOLHOUSE  OR  ON  THE
GROUNDS  WHEN  NOT  IN  USE FOR SCHOOL PURPOSES AT THE SAME TIME, ACTUAL
EXPENSES SHALL BE DIVIDED PROPORTIONATELY BETWEEN SUCH ORGANIZATIONS AND
SHALL NOT EXCEED THE TOTAL ACTUAL EXPENSES INCURRED. THE  NOT-FOR-PROFIT
OR  CHARITABLE  ORGANIZATION,  UPON  REQUEST,  SHALL  BE  PROVIDED  WITH
DOCUMENTATION OF THE ACTUAL EXPENSES INCURRED.
  S 3. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  27. Promulgate regulations, in conjunction with each community  super-
intendent, establishing a plan for providing access to school facilities
in  each community school district, when not in use for school purposes,
in accordance with the provisions of section four  hundred  fourteen  of
this  chapter. Such plan shall set forth a reasonable system of fees not
to exceed the actual costs and specify that no part  of  any  fee  shall
directly  or  indirectly  benefit  or be deposited into an account which
inures to the benefit of the custodians or custodial  engineers.  ACTUAL
COSTS  MAY  INCLUDE  ANY ADDITIONAL STAFF OR CONTRACTOR TIME, FACILITIES
MAINTENANCE ACTIVITIES, UTILITIES CHARGES AND ADDITIONAL SECURITY  MEAS-
URES  INCURRED DIRECTLY DUE TO THE PRESENCE OF AN ORGANIZATION IN SCHOOL
FACILITIES WHEN NOT IN  USE  FOR  SCHOOL  PURPOSES  AND  THE  ACTIVITIES
CONDUCTED BY THAT ORGANIZATION. ACTUAL COSTS SHALL NOT INCLUDE ANY STAFF
OR  CONTRACTOR  TIME,  MAINTENANCE ACTIVITIES, UTILITY COSTS OR SECURITY
MEASURES THAT WOULD HAVE BEEN INCURRED IF THOSE ACTIVITIES HAD NOT  BEEN
HELD. IF MORE THAN ONE ORGANIZATION IS HOLDING AN ACTIVITY IN THE SCHOOL
FACILITIES  WHEN NOT IN USE FOR SCHOOL PURPOSES AT THE SAME TIME, ACTUAL
COSTS SHALL BE DIVIDED PROPORTIONATELY BETWEEN  SUCH  ORGANIZATIONS  AND
SHALL NOT EXCEED THE TOTAL ACTUAL COSTS INCURRED. THE PLAN SHALL PROVIDE
THAT  THE  ORGANIZATION SHALL, UPON REQUEST, BE PROVIDED WITH DOCUMENTA-
TION OF THE ACTUAL COSTS INCURRED. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW, RULE OR REGULATION TO THE CONTRARY, SUCH PLAN  MAY PROVIDE THAT
EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE  USE  OF  SCHOOL
FACILITIES  BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION THAT PRESENTS
SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL,  OR  PROVIDES
PHYSICAL  EDUCATION, ARTS INSTRUCTION, COMMUNITY SERVICE OR OTHER ACTIV-
ITIES TO PROMOTE YOUTH DEVELOPMENT.
  S 4. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
  27. Develop, in conjunction with each community superintendent, a plan
for providing access to  school  facilities  in  each  community  school
district,  when  not  in use for school purposes, in accordance with the
provisions of section four hundred fourteen of this chapter.  Such  plan
shall  set  forth  a  reasonable system of fees not to exceed the actual
costs and specify that no part of any fee shall directly  or  indirectly
benefit  or  be deposited into an account which inures to the benefit of
the custodians or custodial engineers.  ACTUAL  COSTS  MAY  INCLUDE  ANY
ADDITIONAL  STAFF OR CONTRACTOR TIME, FACILITIES MAINTENANCE ACTIVITIES,
UTILITIES CHARGES AND ADDITIONAL SECURITY MEASURES INCURRED DIRECTLY DUE
TO THE PRESENCE OF AN ORGANIZATION IN SCHOOL FACILITIES WHEN NOT IN  USE
FOR  SCHOOL  PURPOSES AND THE ACTIVITIES CONDUCTED BY THAT ORGANIZATION.

S. 4491                             3

ACTUAL COSTS SHALL NOT INCLUDE ANY STAFF OR CONTRACTOR TIME, MAINTENANCE
ACTIVITIES, UTILITY COSTS OR SECURITY  MEASURES  THAT  WOULD  HAVE  BEEN
INCURRED  IF THOSE ACTIVITIES HAD NOT BEEN HELD. IF MORE THAN ONE ORGAN-
IZATION  IS HOLDING AN ACTIVITY IN THE SCHOOL FACILITIES WHEN NOT IN USE
FOR SCHOOL PURPOSES AT THE SAME TIME,  ACTUAL  COSTS  SHALL  BE  DIVIDED
PROPORTIONATELY  BETWEEN  SUCH  ORGANIZATIONS  AND  SHALL NOT EXCEED THE
TOTAL ACTUAL COSTS INCURRED. THE PLAN SHALL PROVIDE THAT  THE  ORGANIZA-
TION  SHALL,  UPON REQUEST, BE PROVIDED WITH DOCUMENTATION OF THE ACTUAL
COSTS INCURRED. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  RULE  OR
REGULATION  TO THE CONTRARY, SUCH PLAN MAY PROVIDE THAT EITHER NO FEE OR
A MINIMAL FEE SHALL BE CHARGED FOR THE USE OF  SCHOOL  FACILITIES  BY  A
NOT-FOR-PROFIT  OR  CHARITABLE  ORGANIZATION. THE USE OF SUCH FACILITIES
SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME FORM
OF EDUCATIONAL INSTRUCTION OR ACADEMIC  MATERIAL,  OR  PROMOTE  PHYSICAL
EDUCATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the amendments to subdivision
27 of section 2590-h of the education law, made by section three of this
act, shall be subject to the expiration and reversion of  such  section,
pursuant  to  subdivision 12 of section 17 of chapter 345 of the laws of
2009, as amended, when upon such date the provisions of section four  of
this act shall take effect.

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