S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  286--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, SIMON -- 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 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
 payments to the dormitory authority pursuant to any lease,  sublease  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-02-3
              

 A. 286--A                           2
 
 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
 or subdivision six of section twenty-five  hundred  fifty-four  of  this
 A. 286--A                           3
 
 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.