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This entry was published on 2014-09-22
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Buildings and sites
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 51
§ 2512. Buildings and sites. 1. Such board of education is authorized
and it shall have power to designate sites, to purchase, repair,
reconstruct, improve or enlarge school buildings or other buildings or
sites, and to construct new buildings, provided that the purchase,
repair, reconstruction, improvement or enlargement of school buildings
or other buildings or sites, and construction of new buildings shall be
subject to voter approval, to the same extent as in a union free school

2. Whenever in the judgment of such board of education it is necessary
to select a new site, or to enlarge a present site, or to designate a
playground or recreation center, or to acquire title to or lease real
property for other educational purposes authorized by this chapter, such
board may take options on property desirable for such purposes but
before taking title thereto shall pass a resolution stating the
necessity therefor, describing by metes and bounds or by lot number the
grounds or territory desired for each of such purposes, and estimating
the amount of funds necessary therefor.

3. Whenever in the judgment of such board of education the needs of
the district require a new building for school purposes or for
recreation or other educational purposes authorized by this chapter, or
when in its judgment a building should be reconstructed or enlarged,
such board shall pass a resolution specifying in detail the necessity
therefor and estimating the amount of funds necessary for such purpose.

4. No site shall be designated except upon a majority vote of a board
of education and no building shall be constructed, reconstructed,
repaired or enlarged until the plans and specifications therefor are
approved by the board of education and, in city school districts of
cities having a population of less than seventy thousand, according to
the latest federal census, by the commissioner of education pursuant to
section four hundred eight of this chapter.

5. When the real property of the school district is no longer needed
for educational purposes, such board may sell or dispose of such
property, subject to voter approval, and the proceeds thereof shall be
credited to the funds under the control and administration of the board
of education.

6. The board of education of any city school district of a city which
has a planning commission, by whatever name known, shall, before
designating a site or sites, submit the proposed designation to such
city planning commission. Such commission shall make its recommendation
to such board within sixty days from the date of such submission. The
board of education may not designate a site or sites contrary to such
recommendation, except after a public hearing and by a vote of
two-thirds of its voting strength. The notice for such hearing shall be
published at least once in each week for the four weeks preceding such
hearing, in a newspaper, or two newspapers if there be two, having a
general circulation, in such city school district. If such commission
fails to make any recommendation prior to the expiration of such sixty
days, the board of education may proceed to designate such site or
sites. This subdivision shall not apply to the designation of a site or
sites by such board of education where such site is located inside the
city school district, but outside the boundaries of the city.

7. a. To enter into a lease, sublease or other agreement with the
dormitory authority providing for the financing or refinancing of all or
a portion of school district capital facilities or school district
capital equipment in accordance with section sixteen hundred eighty of
the public authorities law and with the approval of the commissioner.
Such lease, sublease, or other agreement may provide for the payment of
annual or other payments to the dormitory authority, and contain such
other terms and conditions as may be agreed upon by the parties thereto,
including the establishment of reserve funds and indemnities. For
purposes of this subdivision, school district capital equipment shall
have the meaning ascribed thereto in section sixteen hundred seventy-six
of the public authorities law.

b. Notwithstanding any provisions of law to the contrary, the
dormitory authority and the board of education are hereby authorized and
empowered to perform any and all acts and to enter into any and all
agreements necessary or desirable to effectuate the purposes of this