2006 New York Code - 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.