Assembly Bill A1513

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1513
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in  relation  to  authorizing  leases
   outside the boundaries of the school district
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 1 of section 403-b  of
 the  education  law,  as  amended by chapter 700 of the laws of 1992, is
 amended to read as follows:
   The board of education of any union free or central school district is
 hereby authorized to enter into a lease with any  other  union  free  or
 central  school district providing for the use and occupancy by any such
 school district of a school building, or a  portion  thereof,  owned  by
 such  other  school  district,  provided  such lessee school district is
 within a reasonable distance, as determined by  the  commissioner,  from
 the  lessor school district, subject to the conditions set forth in this
 subdivision.  The board of education of any union free or central school
 district is hereby authorized to enter into a  lease  with  any  person,
 partnership or corporation for use and occupancy of a building or facil-
 ity,  or a portion thereof, owned by such person, partnership, or corpo-
 ration for use as a school  facility  provided  that  such  building  or
 facility is located within the school district and subject to the condi-
 tions  set forth in this subdivision; PROVIDED, HOWEVER, THAT A BOARD OF
 EDUCATION OF ANY UNION FREE OR CENTRAL SCHOOL DISTRICT MAY BE AUTHORIZED
 TO ENTER INTO A LEASE WITH ANY PERSON, PARTNERSHIP  OR  CORPORATION  FOR
 USE AND OCCUPANCY OF A BUILDING OR FACILITY, OR A PORTION THEREOF, OWNED
 BY  SUCH PERSON, PARTNERSHIP OR CORPORATION FOR USE AS A SCHOOL FACILITY
 WHEN SUCH BUILDING OR FACILITY IS LOCATED OUTSIDE  THE  SCHOOL  DISTRICT
 WHEN  IT  IS  DEMONSTRATED  TO THE SATISFACTION OF THE COMMISSIONER THAT
 EXTENUATING CIRCUMSTANCES EXIST WHICH NECESSITATE A  LEASE  OUTSIDE  THE
 BOUNDARIES OF THE SCHOOL DISTRICT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02863-01-3
              

 A. 1513                             2
 
   §  2.  Subdivision 7 of section 1709 of the education law, as added by
 chapter 130 of the laws of 1976, is amended to read as follows:
   7.  To  lease,  on  a  temporary basis, necessary space not located on
 school property AND/OR IS NOT LOCATED WITHIN THE SCHOOL  DISTRICT,  when
 the  facilities  of the district are overcrowded or damaged or destroyed
 OR WHEN IT IS DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER  THAT
 EXTENUATING  CIRCUMSTANCES  EXIST  WHICH NECESSITATE A LEASE OUTSIDE THE
 BOUNDARIES OF THE SCHOOL DISTRICT, and to furnish and equip  such  space
 for school district use. The use of such space shall be subject to annu-
 al approval by the commissioner.
   § 3. This act shall take effect immediately.