2006 New York Code - 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.
    (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  of  mental  retardation  and  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.