NY Educ L § 414 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 9 - School Buildings and Sites 414 - Use of Schoolhouse and Grounds.

§ 414. Use of schoolhouse and grounds. 1. Schoolhouses and the grounds connected  therewith and all property belonging to the district shall be in the custody and under the control and supervision of the trustees  or board  of  education of the district. The trustees or board of education may adopt reasonable regulations  for  the  use  of  such  schoolhouses, grounds  or  other  property,  all portions thereof, when not in use for school purposes or when the school is in use for school purposes  if  in the  opinion  of  the  trustees  or  board  of education use will not be disruptive of normal school operations, for such other  public  purposes as  are  herein  provided; except, however, in the city of New York each community school board shall  be  authorized  to  prohibit  any  use  of schoolhouses   and  school  grounds  within  its  district  which  would otherwise be permitted  under  the  provisions  of  this  section.  Such regulations  shall provide for the safety and security of the pupils and shall not conflict with the provisions of this chapter and shall conform to the purposes and intent of this  section  and  shall  be  subject  to review  on  appeal  to the commissioner of education as provided by law. The trustees or board of education of  each  district  may,  subject  to regulations adopted as above provided, permit the use of the schoolhouse and  rooms  therein, and the grounds and other property of the district, when not in use for school purposes or when the school  is  in  use  for school  purposes if in the opinion of the trustees or board of education use will not be disruptive of normal school operations, for any  of  the following purposes:  (a)  For  the  purpose  of  instruction  in  any  branch of education, learning or the arts.  (b) For public library purposes, subject to  the  provisions  of  this chapter, or as stations of public libraries.  (c)   For   holding   social,  civic  and  recreational  meetings  and entertainments,  and  other  uses  pertaining  to  the  welfare  of  the community;   but   such   meetings,  entertainment  and  uses  shall  be non-exclusive and shall be open to the general  public.  Civic  meetings shall  include,  but  not be limited to, meetings of parent associations and parent-teacher associations.  (d) For meetings, entertainments and occasions  where  admission  fees are  charged,  when  the  proceeds  thereof  are  to  be expended for an educational or charitable purpose; but such use shall not  be  permitted if  such  meetings, entertainments and occasions are under the exclusive control, and the said proceeds are to be applied for the  benefit  of  a society,   association   or   organization   of   a  religious  sect  or denomination,  or  of  a  fraternal,  secret  or  exclusive  society  or organization other than organizations of veterans of the military, naval and  marine  service of the United States and organizations of volunteer firefighters or volunteer ambulance workers.  (e) For polling places for holding primaries and elections and for the registration of voters  and  for  holding  political  meetings.  But  no meetings  sponsored by political organizations shall be permitted unless authorized by a vote of a district meeting, held as provided by law, or, in cities by the board of education thereof. Except in cities, it  shall be  the  duty  of  the  trustees or board of education to call a special meeting for such purpose upon the petition of at least ten per centum of the qualified electors of  the  district.  Authority  so  granted  shall continue until revoked in like manner and by the same body as granted.  (f)  For  civic  forums and community centers. Upon the petition of at least twenty-five citizens residing within the  district  or  city,  the trustees  or  board  of  education in each school district or city shall organize and conduct community centers for  civic  purposes,  and  civic forums  in  the  several  school  districts  and  cities, to promote and  advance principles of Americanism among the residents of the state.  The trustees  or  board  of  education in each school district or city, when organizing such community centers or civic forums, shall  provide  funds for  the  maintenance  and  support  of such community centers and civic forums,  and  shall  prescribe  regulations  for   their   conduct   and supervision,  provided  that nothing herein contained shall prohibit the trustees of such school district or the board of education to  prescribe and  adopt rules and regulations to make such community centers or civic forums self-supporting as far as practicable. Such community centers and civic forums shall be at all times under the control of the trustees  or board  of  education  in  each  school  district  or  city, and shall be non-exclusive and open to the general public.  (g) For classes of instruction for mentally retarded  minors  operated by a private organization approved by the commissioner of education.  (h)   For  recreation,  physical  training  and  athletics,  including competitive athletic contests of children attending a private, nonprofit school.  (i) To provide child care services  during  non-school  hours,  or  to provide  child  care  services  during  school hours for the children of pupils attending the schools of the district and, if there is additional space available, for children of employees  of  the  district,  and,  if there     is     further     additional     space     available,     the Cobleskill-Richmondville  school  district  shall  provide  child   care services for children ages three and four who need child care assistance due to lack of sufficient child care spaces. Such determination shall be made  by  each  district's board of education, provided that the cost of such care shall not be a school district charge but shall be paid by the person responsible for the support  of  such  child;  the  local  social services  district  as  authorized  by  law;  or  by any other public or private voluntary source or any combination thereof.  (j) For licensed school-based health, dental or mental health clinics. (i)  For  the  purposes  of  this  subdivision,   the   term   "licensed school-based health, dental or mental health clinic" means a clinic that is  located  in  a  school  facility  of  a  school district or board of cooperative educational services, is operated by an  entity  other  than the  school  district  or  board of cooperative educational services and will provide health, dental or  mental  health  services  during  school hours  and/or non-school hours to school-age and preschool children, and that is: (1) a health clinic approved under the  provisions  of  chapter one  hundred ninety-eight of the laws of nineteen hundred seventy-eight; or (2) another school-based health or  dental  clinic  licensed  by  the department  of  health  pursuant  to  article twenty-eight of the public health law; or (3) a  school-based  mental  health  clinic  licensed  or approved  by  the office of mental health pursuant to article thirty-one of the mental hygiene law; or (4) a school-based  mental  health  clinic licensed  by  the  office  for  people  with  developmental disabilities pursuant to article sixteen of the mental hygiene law.  (ii)  Health  professionals   who   provide   services   in   licensed school-based  health,  dental  or  mental  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 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 nineteen hundred fifty of this chapter.  (iv)  Nothing  in this paragraph shall be construed to justify a cause of  action  for  damages  against  a  school  district  or  a  board  of cooperative  educational  services  by  reason  of acts of negligence or misconduct by a school-based health, dental or mental health  clinic  or such clinic's officers or employees.  (k)  For  graduation  exercises  held by not-for-profit elementary and secondary schools, provided that no religious service is performed.   The board of education in the  city  of  New  York  may  delegate  the authority  to  judge  the  appropriateness  for  uses  other than school purposes to community school boards.   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 paragraphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one of this section. Any such use, pursuant to paragraphs (a), (c), (d), (h)  and  (j)  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.