S T A T E O F N E W Y O R K
________________________________________________________________________
3984--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. AUBRY, PERRY -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07401-04-5
A. 3984--A 2
NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. ACTUAL EXPENSES MAY INCLUDE
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
A. 3984--A 3
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 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.