New York Education - Article 9 - § 414 Use of Schoolhouse and Grounds
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New York Laws > Education > New York Education - Article 9 - § 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
(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
(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.
Section: 409-H 409-I 409-J 409-K 410 412 413 414 415 416 417 418 419 419-A 420
Last modified: February 15, 2014