S T A T E O F N E W Y O R K
________________________________________________________________________
2629--A
2023-2024 Regular Sessions
I N S E N A T E
January 23, 2023
___________
Introduced by Sens. MAY, COONEY, MANNION -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to enacting the "safe
schools by design act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "safe schools by design act".
§ 2. The opening paragraph of subdivision 6 of section 3602 of the
education law, as amended by chapter 355 of the laws of 2016, is amended
to read as follows:
Any apportionment to a school district pursuant to this subdivision
shall be based upon base year approved expenditures for capital outlays
incurred prior to July first, two thousand one from its general fund,
capital fund or reserved funds and current year approved expenditures
for debt service, including debt service for refunding bond issues
eligible for an apportionment pursuant to paragraph g of this subdivi-
sion and lease or other annual payments to the New York city educational
construction fund created by article ten of this chapter or the city of
Yonkers educational construction fund created by article ten-B of this
chapter which have been pledged to secure the payment of bonds, notes or
other obligations issued by the fund to finance the construction, acqui-
sition, reconstruction, rehabilitation or improvement of the school
portion of combined occupancy structures, or for lease or other annual
payments to the New York state urban development corporation created by
chapter one hundred seventy-four of the laws of nineteen hundred sixty-
eight, pursuant to agreement between such school district and such
corporation relating to the construction, acquisition, reconstruction,
rehabilitation or improvement of any school building, or for annual
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00492-03-3
S. 2629--A 2
payments to the dormitory authority pursuant to any lease, sublease or
other agreement relating to the financing, refinancing, acquisition,
design, construction, reconstruction, rehabilitation, improvement,
furnishing and equipping of, or otherwise provide for school district
capital facilities or school district capital equipment made under the
provisions of section sixteen hundred eighty of the public authorities
law, or for annual payments pursuant to any lease, sublease or other
agreement relating to the financing, refinancing, acquisition, design,
construction, reconstruction, rehabilitation, improvement, furnishing
and equipping of, or otherwise providing for educational facilities of a
city school district under the provisions of section sixteen of chapter
six hundred five of the laws of two thousand, or for payments, pursuant
to any assignment authorized by section twenty-seven hundred ninety-
nine-tt of the public authorities law, of debt service in furtherance of
funding the five-year educational facilities capital plan of the city of
New York school district or related debt service costs and expenses as
set forth in such section, for annual payments pursuant to any lease,
sublease or other agreement relating to the financing, refinancing,
design, reconstruction, rehabilitation, improvement, furnishing and
equipping of, or otherwise providing for projects authorized pursuant to
the city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act,
for annual payments pursuant to any lease, sublease or other agreement
relating to the financing, refinancing, design, reconstruction, rehabil-
itation, improvement, furnishing and equipping of, or otherwise provid-
ing for projects authorized pursuant to the city of Rochester and the
board of education of the city school district of the city of Rochester
school facilities modernization program act, for annual payments pursu-
ant to any lease, sublease or other agreement relating to the financing,
refinancing, design, construction, reconstruction, rehabilitation,
improvement, furnishing and equipping of, or otherwise providing for
projects authorized pursuant to the Yonkers city school district facili-
ties modernization program act, or for lease, lease-purchase or other
annual payments to another school district or person, partnership or
corporation pursuant to an agreement made under the provisions of
section four hundred three-b, subdivision eight of section twenty-five
hundred three, or subdivision six of section twenty-five hundred fifty-
four of this chapter, provided that the apportionment for such lease or
other annual payments under the provisions of section four hundred
three-b, subdivision eight of section twenty-five hundred three, or
subdivision six of section twenty-five hundred fifty-four of this chap-
ter, other than payments under a lease-purchase agreement or an equiv-
alent agreement, shall be based upon approved expenditures in the
current year. Approved expenditures for capital outlays from a school
district's general fund, capital fund or reserved funds that are
incurred on or after July first, two thousand two, and are not aidable
pursuant to subdivision six-f of this section, shall be aidable as debt
service under an assumed amortization established pursuant to paragraphs
e and j of this subdivision. In any such case approved expenditures
shall be only for new construction, reconstruction, purchase of existing
structures, for site purchase and improvement, for new garages, for
original equipment, furnishings, machinery, or apparatus, and for
professional fees and other costs incidental to such construction or
reconstruction, or purchase of existing structures. In the case of a
lease or lease-purchase agreement entered pursuant to section four
hundred three-b, subdivision eight of section twenty-five hundred three
S. 2629--A 3
or subdivision six of section twenty-five hundred fifty-four of this
chapter, approved expenditures for the lease or other annual payments
shall not include the costs of heat, electricity, water or other utili-
ties or the costs of operation or maintenance of the leased facility. An
apportionment shall be available pursuant to this subdivision for
construction, reconstruction, rehabilitation or improvement in a build-
ing, or portion thereof, being leased by a school district only if the
lease is for a term of at least ten years subsequent to the date of the
general construction contract for such construction, reconstruction,
rehabilitation or improvement. Each school district shall prepare a five
year capital facilities plan, pursuant to regulations developed by the
commissioner for such purpose, provided that in the case of a city
school district in a city having a population of one million inhabitants
or more, such facilities plan shall comply with the provisions of
section twenty-five hundred ninety-p of this chapter and this subdivi-
sion. Such plan shall include, but not be limited to, a building inven-
tory, and estimated expense of facility needs, for new construction,
additions, alterations, reconstruction, major repairs, energy consump-
tion and maintenance by school building, as appropriate. SUCH PLAN SHALL
CONSIDER THE INCORPORATION OF DESIGN PRINCIPLES AND STRATEGIES, PURSUANT
TO GUIDANCE ISSUED BY THE COMMISSIONER, AS PART OF A COMPREHENSIVE
APPROACH TO PROVIDE A SAFE, SECURE AND HEALTHY SCHOOL ENVIRONMENT. Such
five year plan shall include a priority ranking of projects and shall be
amended if necessary to reflect subsequent on-site evaluations of facil-
ities conducted by state supported contractors.
§ 3. Paragraph a of subdivision 1 of section 2814 of the education
law, as added by chapter 181 of the laws of 2000, is amended to read as
follows:
a. School safety activities. Programs eligible for funding pursuant to
this section may include, but not be limited to: (i) safe corridors
programs; (ii) diversity programs; (iii) collaborative school safety
programs with law enforcement agencies or community-based organizations;
(iv) metal detectors, intercom and other intra-school communication
devices and other devices to increase school security and the safety of
school personnel and students; (v) PROGRAMS WHICH FACILITATE AND PROMOTE
COMMUNITY INVOLVEMENT IN SCHOOL FACILITY PLANNING; AND (VI) other
programs including comprehensive school-based intervention models,
approved by the commissioner, that reduce violence and improve school
safety. Comprehensive school based intervention models shall coordinate
with and collaborate with other services currently being provided in the
school district, incorporate appropriate school violence prevention and
intervention services, and coordinate appropriate funding sources to
ensure the efficient delivery of services. Such comprehensive school-
based intervention models shall also include provisions for the involve-
ment of teachers, parents, school administrators in the development and
implementation of the program, a detailed statement identifying specific
performance goals, a proposed timetable for implementation and achieve-
ment of such goals and specific assessment methods which will be used to
measure student and school progress.
§ 4. This act shall take effect eighteen months after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
