Amends the education law relating to school based health and mental health clinics in certain cities.

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S327-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO EDUCATION
• Mar 29, 2011: DEFEATED IN EDUCATION
• Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO EDUCATION

S327-2011 Meetings

Education: Mar 29, 2011

S327-2011 Votes

S327-2011 Memo

BILL NUMBER:S327

TITLE OF BILL:
An act
to amend the education law, in relation to the construction of school
based health and mental health clinics in certain cities

PURPOSE OF THE BILL:
To permit school-based health and mental health clinics to be eligible
for facility reimbursement in high poverty school districts of the
State's largest urban centers.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends the education law to permit up to 2,000
square feet of space to be eligible for reimbursement under the
State's Building Aid formula for school-based health and mental
health clinics in a city with more than 125,000 inhabitants.

Section 2 of this bill amends the education law to allow building
space allocated for health, dental and mental health services to be
included in the rated capacity of the school building for the purpose
of computing building aid if such aid is authorized in a city with
more than 125,000 inhabitants.

JUSTIFICATION:
The State's large city school districts are making steady progress in
raising student achievement and have seen an increasing number of
pupils meeting State standards. While student achievement is
improving, pupil demographics remain constant. Pupils educated in the
State's five largest school systems are overwhelmingly poor, highly
mobile and many are in need of special services. City schools
currently provide an array of programs and services to assist pupils
in their academic, social, emotional, health and well being.
This proposal is designed to assist high-need urban school districts
expand their capacity to provide health and mental health services by
permitting construction and reconstruction of these on-site clinics
to be reimbursable.

LEGISLATIVE HISTORY:
2010: S.6719A - Passed Education Committee

FISCAL IMPLICATIONS:
For the State, it would be limited by district capital plans and would
be comparable to Building Aid reimbursement for renovating a classroom.

EFFECTIVE DATE:
Immediately.

S327-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     327

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KLEIN,
    KRUEGER, OPPENHEIMER, PARKER, SQUADRON,  VALESKY  --  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  the  construction  of
    school based health and mental health clinics in certain cities

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subparagraph 1 of paragraph a of subdivision 6  of  section
  3602  of the education law, as amended by section 5 of part A of chapter
  60 of the laws of 2000, is amended to read as follows:

    (1) For new construction and the purchase of existing structures,  the
  cost  allowances  shall be based upon the rated capacity of the building
  or addition and a basic per pupil allowance of up to six thousand  three
  hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
  reflecting changes in the cost of labor and materials since July  first,
  nineteen  hundred  ninety-two, established by the commissioner of labor,
  modified by an annual county or multi-county labor market composite wage
  rate, established by the commissioner of labor in consultation with  the
  commissioner,  for  July  first of the base year, commencing July first,
  nineteen hundred ninety-seven for general construction contracts awarded
  on or after July first, nineteen hundred ninety-eight,  indexed  to  the
  median  of  such  county  or  multi-county rates, but not less than one.
  Such base allowance shall apply to a building  or  an  addition  housing
  grades  prekindergarten through six and shall be adjusted for a building
  or an addition housing grades seven through nine by a factor of one  and
  four-tenths,  for a building or an addition housing grades seven through
  twelve by a factor of one and five-tenths, for a  building  or  addition
  housing special education programs by a factor of two, except that where
  such  building  or  addition  is  connected to, or such space is located

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01530-01-1

 S. 327                              2

  within, a  public  school  facility  housing  programs  for  nondisabled
  pupils,  as  approved  by  the  commissioner, a factor of three shall be
  used. Rated capacity of a building or an addition shall be determined by
  the  commissioner  based  on  space standards and other requirements for
  building construction specified by  the  commissioner.    Such  assigned
  capacity ratings shall include, in addition to those spaces used for the
  instruction  of  pupils,  those spaces which are used for elementary and
  secondary school libraries,  cafeterias,  prekindergarten  instructional
  rooms,  teachers' conference rooms, gymnasiums [and], auditoriums AND IN
  A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS UP TO
  TWO THOUSAND SQUARE FEET FOR SCHOOL BASED HEALTH AND MENTAL HEALTH CLIN-
  ICS. For new construction projects approved on or after July first,  two
  thousand, by the voters of the school district or by the board of educa-
  tion  of  a  city  school  district in a city with more than one hundred
  twenty-five thousand inhabitants, and/or the chancellor in a city school
  district in a city having a population of  one  million  or  more,  such
  rated  capacity  for  new buildings and additions constructed to replace
  existing buildings that, in the judgment of the commissioner,  have  not
  been  adequately  maintained and have not reached their projected useful
  life shall be reduced by the commissioner by an amount  proportional  to
  the  remaining  unused portion of the useful life of the existing build-
  ings, provided however that the commissioner may waive such  requirement
  upon a finding that replacement of the existing building is necessary to
  protect  the health and safety of students or staff, that reconstruction
  and modernization of the existing building would not adequately  address
  such health and safety problems, and that the need to replace the build-
  ing  was  not  caused by failure to adequately maintain the building. If
  the commissioner of labor resets the statewide index reflecting  changes
  in  the  costs of labor and materials since July first, nineteen hundred
  ninety-two, the commissioner shall adopt regulations  to  supersede  the
  basic  per  pupil allowance of up to six thousand three hundred seventy-
  five dollars to the imputed allowance in effect at that time.
    S 2. Subparagraph (iii) of paragraph (j) of subdivision 1  of  section
  414  of  the education law, as added by chapter 513 of the laws of 2005,
  is amended to read as follows:

    (iii) Except where otherwise authorized by law, the cost of  providing
  health,  dental or mental health services shall not be a charge upon the
  school district or board of cooperative educational services, and  shall
  be  paid  from  federal,  state  or other local funds available for such
  purpose. Building space used 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 or aid pursuant to subdivision five of section nine-
  teen  hundred fifty of this chapter, EXCEPT WHEN BUILDING AID IS SPECIF-
  ICALLY AUTHORIZED IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
  SAND  INHABITANTS  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH  A  OF
  SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
    S 3. This act shall take effect immediately.