Bill S2327-2013

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs

Authorizes the use of school facilities by not-for-profit or charitable organizations for the operation of after-school programs; such programs shall present some form of educational instruction or academic material, or promote physical education; the school district shall provide such facilities at not fee or for a minimal fee.

Details

Actions

  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 16, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S2327

TITLE OF BILL: An act to amend the education law, in relation to use of school facilities by not-for-profit and charitable organizations for after-school programs

PURPOSE OR GENERAL IDEA OF BILL: To allow not-for-profit and charitable organizations to have access to school facilities in each community school district or regular school district to sponsor after-school programs. Such programs must present some form of educational instruction, academic material, or physical fitness activity.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Education Law to add a new section 414(1) (1) to authorize school districts to permit not-for-profit and charitable organizations to sponsor after school programs on school grounds that provide educational instruction or physical education.

Section 2: Amends Education Law section 414(2) to permit such school districts to provide such school space at either no or a minimal fee as long as educational or physical education programs are being provided.

Sections 3 and 4: Amends both Education Law sections 2590-h (27) to add to the authority of the Chancellor of the New York City School District the authority to allow a not-for-profit or charitable organization to offer after school programs on school grounds as long as such programs provide some form of educational programming or physical education. The District may charge no or a minimal fee as long as such programs are educational or promote physical fitness.

JUSTIFICATION: This bill allows not-for-profit and charitable organizations access to school facilities to carry out their after school programs. These programs offer young people a chance to improve their social development and promote physical fitness in a safe and stimulating environment. A number of after school programs operate within school facilities and they receive afterschool academic support, sports and cultural programs. This bill merely encourages more organizations, such as not-for-profit and charitable organizations, to become an additional source of sponsors to conduct such beneficial after school programs for our children.

This bill will authorize school districts to expand their ability to conduct after school programs that keep children off the streets in an unsupervised manner and promote further academic progress and promote physical fitness. Encouraging the use of school facilities for physical education and exercise can help to reduce child obesity, which is a serious and growing public health problem. Child obesity can lead to the early onset of diabetes and respiratory problems. Further, child obesity can lead to a far lower quality of life for individuals as they get older.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 3647 - Referred to Education 2010 - Referred to Education 2009 - Referred to Rules 2007 - A.4356

Referred to Education, Reported to Rules 2006 - A.11941 Referred to Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 2327 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________
Introduced by Sens. KLEIN, ADAMS, HASSELL-THOMPSON, SAVINO -- 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 use of school facili- ties by not-for-profit and charitable organizations for after-school programs 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 BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. SUCH PROGRAMS SHALL PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA- TION. 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: 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) of subdivision one of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c), (d), (h) [and], (j) OR (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. Subdivision 27 of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, is amended to read as follows:
27. Promulgate regulations, in conjunction with each community super- intendent, establishing a plan for providing access to school facilities in each community school district, when not in use for school purposes, in accordance with the provisions of section four hundred fourteen of this chapter. Such plan shall set forth a reasonable system of fees not to exceed the actual costs and specify that no part of any fee shall directly or indirectly benefit or be deposited into an account which inures to the benefit of the custodians or custodial engineers. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, SUCH PLAN MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION. S 4. Subdivision 27 of section 2590-h of the education law, as amended by chapter 720 of the laws of 1996, is amended to read as follows: 27. Develop, in conjunction with each community superintendent, a plan for providing access to school facilities in each community school district, when not in use for school purposes, in accordance with the provisions of section four hundred fourteen of this chapter. Such plan shall set forth a reasonable system of fees not to exceed the actual costs and specify that no part of any fee shall directly or indirectly benefit or be deposited into an account which inures to the benefit of the custodians or custodial engineers. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, SUCH PLAN MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the amendments to subdivision 27 of section 2590-h of the education law, made by section three of this act, shall be subject to the expiration and reversion of such section, pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 2009, as amended, when upon such date the provisions of section four of this act shall take effect.

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