NY Educ L § 403-B (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 9 - School Buildings and Sites 403-B - Leasing of School Buildings and Facilities.

§ 403-b. Leasing  of school buildings and facilities.  1. The board of   education of any  union  free  or  central  school  district  is  hereby   authorized  to  enter  into a lease with any other union free or central   school district providing for the use and occupancy by any  such  school   district of a school building, or a portion thereof, owned by such other   school  district,  provided  such  lessee  school  district  is within a   reasonable distance, as determined by the commissioner, from the  lessor   school   district,   subject   to  the  conditions  set  forth  in  this   subdivision. The board of education of any union free or central  school   district  is  hereby  authorized  to enter into a lease with any person,   partnership or corporation for  use  and  occupancy  of  a  building  or   facility,  or  a  portion thereof, owned by such person, partnership, or   corporation for use as a school facility provided that such building  or   facility  is  located  within  the  school  district  and subject to the   conditions set forth in this subdivision.a.  No such lease shall be for a  period  of  more  than  five  years,   except  that  the  term  of  such  a  lease may exceed five years if the   approval of the voters of the school  district  which  will  become  the   lessee  is  obtained  before  the lease is executed. Notwithstanding any   other provision of this section to the contrary,  the  initial  term  of   such  a  lease,  not  including any renewals thereof, may not exceed the   period of probable usefulness that would be prescribed for such building   or facilities by the local finance law if the building or facility  were   owned by a school district.b.    The  approval  of  the  voters of the school district which will   become the lessee shall be  obtained  for  any  capital  project  to  be   undertaken  in  a  leased  building  or  facility during the term of the   lease, provided however that any such capital project shall  be  subject   to  the  prior  approval  of the commissioner and shall only be approved   where the commissioner finds that the need for  such  project  has  been   established to the commissioner's satisfaction.c.  Such lease shall not become effective until the commissioner shall   have approved the same. In approving such leases, the commissioner shall   determine:  (i)  that the leased facility meets all applicable standards   for the health, safety and comfort of occupants; (ii)  that  the  leased   facility is educationally adequate as determined by the commissioner for   new  construction  or  rehabilitation,  and  (iii)  that  district has a   current five-year facilities plan, or other long-range  facilities  plan   as   applicable,   that  is  consistent  with  the  regulations  of  the   commissioner, and includes the proposed  lease  as  well  as  all  other   planned  acquisitions,  disposals and leasing of buildings or facilities   for school purposes during the period of the plan.d. Any such lease may be renewed, provided however that  the  approval   of  the voters of the school district which will become the lessee shall   be obtained before such renewal is executed.e. To be eligible for aid  pursuant  to  subdivision  six  of  section   thirty-six  hundred  two of this chapter, such leased school or facility   shall meet requirements for access by individuals with  disabilities  to   both   facilities  and  programs,  as  defined  in  regulations  of  the   commissioner, and the leased space shall be used to house  programs  for   pupils  in  grades  prekindergarten  through twelve, other than programs   funded pursuant to section forty-four hundred ten of this chapter,  with   minimal associated administrative and support services space as approved   by the commissioner.f.  The  term  "lease",  as  used in this section, shall not include a   lease with an option to purchase. Any lease  entered  pursuant  to  this   section  shall  include  a  provision  that  the lease shall be void and   unenforceable if entered into in violation of section eight hundred  one    of  the  general  municipal  law  or  section  four  hundred ten of this   chapter.2. Any union free or central school district which shall have leased a   school   building  from  another  school  district  or  from  a  person,   partnership or corporation pursuant to the provisions of this section is   hereby authorized to operate and conduct school in such building in  all   respects as though such school building were owned by and located within   the boundaries of such school district.  The average daily attendance of   pupils  attending  such  school  shall  be included in the average daily   attendance of such lessee district as certified to the  commissioner  in   the report of the board of education.3.  A  school  district  providing  transportation  between  a  school   building leased from another district and  the  homes  of  the  children   attending  such school shall be entitled to transportation aid as though   such school were located within the lessee school district.