Amends the education law relating to school based health and mental health clinics in certain cities.
Ayes (8): Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Nays (10): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward
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.
STATE OF NEW YORK ________________________________________________________________________ 327 2011-2012 Regular Sessions IN 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 locatedEXPLANATION--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.