2023 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  minors   with   developmental
disabilities   operated  by  a  private  organization  approved  by  the
commissioner.
(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.