Authorizes school district property to be used for not-for-profit dental clinics providing care to families in the district upon the approval of the trustees or board of education of a school district.
TITLE OF BILL: An act to amend the education law, in relation to authorizing the use of schoolhouses and grounds by not-for-profit dental clinics
PURPOSE: To add not-for-profit health clinics and dental clinics to the list of authorized uses of school grounds upon the approval of the trustees or board of education of a school district.
Sections 1 and 2 of the bill amend section 414 of the Education Law to add health clinics and dental clinics to the list of uses which may be authorized on school grounds by the trustees or board of education of a school district. Such clinics serve families of the school district.
Section 3 establishes the effective date for the legislation.
Section 414 of the Education Law lists many uses of school grounds which may be authorized by the trustees or board of education of a school district, including public libraries, teaching of the arts, recreation and physical activities, civic forums, and child care services. This bill would extend that list to allow not-for-profit health clinics and dental clinics on school grounds at local option.
JUSTIFICATION: Not-for-profit health clinics and dental clinics have been operating in many New York schools and have been promoted by federal, state and local public health agencies as sound public health policy and practice. However, current law is unclear as to whether such clinics may be authorized by school districts.
For many children and their families, access to health and dental care is unreachable because of geographic, economic, language and cultural barriers. This is compounded by a shortage of health and dental professionals in many areas of the state. Programs such as the North Country Children's Clinic are critical to promoting dental health to underserved populations in the state and struggle with operational costs. Many of these programs use portable dental equipment to provide dental services in school settings.
This legislation would make it clear in the law, that important health and dental programs could be provided in those school districts who wished to allow it.
LEGISLATIVE HISTORY: S2778A of 2004 - Passed Senate S7137 of 2012 referred to education
FISCAL IMPLICATIONS: None. Any services provided would be paid for by existing federal, state or other programs and would be operated on a not-for-profit basis.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1945 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to authorizing the use of schoolhouses and grounds by not-for-profit dental clinics 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 APPROVED SCHOOL DENTAL CLINICS. (I) FOR PURPOSES OF THIS PARAGRAPH THE FOLLOWING TERMS SHALL MEAN: (A) "APPROVED SCHOOL DENTAL CLINIC" MEANS A NOT-FOR-PROFIT CLINIC THAT WILL PROVIDE SERVICES DURING SCHOOL HOURS AND/OR NON-SCHOOL HOURS TO SCHOOL-AGE AND PRE-SCHOOL CHILDREN. (B) "SERVICES" MEANS DENTAL SERVICES AND SHALL NOT INCLUDE INSTRUC- TIONAL SERVICES UNLESS THE INDIVIDUAL IS CERTIFIED OR LICENSED TO TEACH. (C) "SCHOOL" MEANS A PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD. (II) HEALTH PROFESSIONALS WHO PROVIDE SERVICES IN APPROVED SCHOOL DENTAL HEALTH CLINICS SHALL BE DULY LICENSED PURSUANT TO THE PROVISIONS OF TITLE EIGHT OF THIS CHAPTER, UNLESS OTHERWISE EXEMPTED BY LAW, AND SHALL BE AUTHORIZED TO PROVIDE SUCH SERVICES TO THE EXTENT PERMITTED BY THEIR RESPECTIVE PRACTICE ACTS. (III) EXCEPT WHERE OTHERWISE AUTHORIZED BY LAW, THE COST OF PROVIDING DENTAL HEALTH SERVICES PURSUANT TO THIS PARAGRAPH SHALL NOT BE A CHARGE UPON THE SCHOOL DISTRICT. BUILDING SPACE USED EXCLUSIVELY FOR SUCH A CLINIC SHALL BE EXCLUDED FROM THE RATED CAPACITY OF THE SCHOOL BUILDING FOR THE PURPOSE OF COMPUTING BUILDING AID PURSUANT TO SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 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:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02396-01-3 S. 1945 2
2. 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 para- graphs (a), (b), (c), (d), (e), (g), (i), (j)
[and], (k) AND (L) of subdivision one of this section. Any such use, pursuant to paragraphs (a), (c), (d), (h) [and], (j) AND (L) of subdivision one of this section, shall not allow the exclusion of any district child solely because said child is not attending a district school or not attending the district school which is sponsoring such use or on which grounds the use is to occur. S 3. This act shall take effect immediately.