Bill Text: NY A07560 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the use of school buildings and school sites for religious meetings and worship when not in use for school purposes or when such service or worship is deemed not disruptive of normal school operations.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to education [A07560 Detail]

Download: New_York-2013-A07560-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7560
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 23, 2013
                                      ___________
       Introduced  by M. of A. CRESPO, RODRIGUEZ, HEASTIE, GIBSON, SCARBOROUGH,
         THIELE, ARROYO, HIKIND, BARRON, PRETLOW, CAMARA -- Multi-Sponsored  by
         -- M. of A. ABBATE, AUBRY, BARCLAY, BRINDISI, BUTLER, CERETTO, COLTON,
         CORWIN, CROUCH, CURRAN, ESPINAL, FITZPATRICK, GABRYSZAK, GIGLIO, GRAF,
         HAWLEY,  HOOPER,  MALLIOTAKIS,  McDONALD,  McLAUGHLIN,  MILLER,  MOYA,
         ORTIZ, PALMESANO, PERRY, RA, RAIA, RAMOS, REILICH, ROBINSON, SALADINO,
         SCHIMMINGER, SIMANOWITZ, TEDISCO, WALTER,  WRIGHT  --  read  once  and
         referred to the Committee on Education
       AN  ACT to amend the education law, in relation to authorizing religious
         meetings and worship in school buildings and school sites
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph and paragraph (c) of subdivision 1 of
    2  section  414  of  the education law, the opening paragraph as amended by
    3  chapter 369 of the laws of 1977 and paragraph (c) as amended by  chapter
    4  345 of the laws of 2009, are amended and a new subdivision 3 is added to
    5  read as follows:
    6    Schoolhouses  and  the  grounds  connected  therewith and all property
    7  belonging to the district shall be in the custody and under the  control
    8  and  supervision  of the trustees or board of education of the district.
    9  The trustees or board of education, OR IN  THE  CITY  OF  NEW  YORK  THE
   10  COMMUNITY  SCHOOL BOARD, may adopt reasonable regulations for the use of
   11  such schoolhouses, grounds or other property, all portions thereof, when
   12  not in use for school purposes or when the school is in use  for  school
   13  purposes  if  in  the  opinion of the trustees or board of education use
   14  will not be disruptive of  normal  school  operations,  for  such  other
   15  public purposes as are herein provided[; except, however, in the city of
   16  New York each community school board shall be authorized to prohibit any
   17  use  of  schoolhouses and school grounds within its district which would
   18  otherwise be permitted under the provisions of this section]. Such regu-
   19  lations shall provide for the safety and  security  of  the  pupils  and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02223-01-3
       A. 7560                             2
    1  shall not conflict with the provisions of this chapter and shall conform
    2  to  the  purposes  and  intent  of  this section and shall be subject to
    3  review on appeal to the commissioner of education as  provided  by  law.
    4  The  trustees  or  board  of  education of each district may, subject to
    5  regulations adopted as above provided, permit the use of the schoolhouse
    6  and rooms therein, and the grounds and other property of  the  district,
    7  when  not  in  use  for school purposes or when the school is in use for
    8  school purposes if in the opinion of the trustees or board of  education
    9  use  will  not be disruptive of normal school operations, for any of the
   10  following purposes:
   11    (c) For holding social, civic, RELIGIOUS and recreational meetings and
   12  entertainments, and other uses pertaining to the welfare of the communi-
   13  ty; but such meetings, entertainment and uses shall be non-exclusive and
   14  shall be open to the general public. Civic meetings shall  include,  but
   15  not  be  limited  to, meetings of parent associations and parent-teacher
   16  associations.
   17    3. NOTHING IN THIS SECTION SHALL AUTHORIZE THE TRUSTEES  OR  BOARD  OF
   18  EDUCATION  OF THE DISTRICT TO ADOPT OR INTERPRET REGULATIONS FOR THE USE
   19  OF SCHOOLHOUSES, GROUNDS OR OTHER PROPERTY, PURSUANT TO SUBDIVISION  ONE
   20  OF  THIS  SECTION,  THAT  WOULD RESULT IN THE EXCLUSION OR LIMITATION OF
   21  SPEECH, DURING NON SCHOOL HOURS, EVEN WHERE  STUDENTS  MAY  BE  PRESENT,
   22  INCLUDING  SPEECH THAT EXPRESSES RELIGIOUS CONDUCT OR DISCUSSES SUBJECTS
   23  FROM A RELIGIOUS VIEWPOINT.
   24    S 2. This act shall take effect immediately.