Bill Text: NY A08800 | 2011-2012 | General Assembly | Amended

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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) 2012-01-31 - print number 8800a [A08800 Detail]

Download: New_York-2011-A08800-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8800--A
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  M.  of A. CASTRO, STEVENSON, CRESPO, RODRIGUEZ, HEASTIE,
         GIBSON, SCARBOROUGH, THIELE, ARROYO, JEFFRIES, HIKIND, McENENY,  REIL-
         LY, BARRON, PRETLOW, CAMARA, ORTIZ, HOOPER, PERRY, ESPINAL, P. RIVERA,
         M. MILLER,  BRINDISI,  COLTON, RAMOS, MENG -- Multi-Sponsored by -- M.
         of A. ABBATE,  AUBRY,  BARCLAY,  BOYLAND,  BURLING,  BUTLER,  CALHOUN,
         CERETTO, CORWIN, CROUCH, CURRAN, FITZPATRICK, GABRYSZAK, GIGLIO, GRAF,
         HAWLEY,  LOSQUADRO,  MALLIOTAKIS,  McDONOUGH,  McLAUGHLIN,  D. MILLER,
         J. MILLER, MOYA, MURRAY, PALMESANO, RA, RAIA, REILICH, ROBINSON, SALA-
         DINO, SCHIMMINGER, SIMANOWITZ, TEDISCO,  TOBACCO,  WALTER,  WRIGHT  --
         read  once  and  referred  to  the Committee on Education -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13680-03-2
       A. 8800--A                          2
    1  otherwise be permitted under the provisions of this section]. Such regu-
    2  lations  shall  provide  for  the  safety and security of the pupils and
    3  shall not conflict with the provisions of this chapter and shall conform
    4  to  the  purposes  and  intent  of  this section and shall be subject to
    5  review on appeal to the commissioner of education as  provided  by  law.
    6  The  trustees  or  board  of  education of each district may, subject to
    7  regulations adopted as above provided, permit the use of the schoolhouse
    8  and rooms therein, and the grounds and other property of  the  district,
    9  when  not  in  use  for school purposes or when the school is in use for
   10  school purposes if in the opinion of the trustees or board of  education
   11  use  will  not be disruptive of normal school operations, for any of the
   12  following purposes:
   13    (c) For holding social, civic, RELIGIOUS and recreational meetings and
   14  entertainments, and other uses pertaining to the welfare of the communi-
   15  ty; but such meetings, entertainment and uses shall be non-exclusive and
   16  shall be open to the general public. Civic meetings shall  include,  but
   17  not  be  limited  to, meetings of parent associations and parent-teacher
   18  associations.
   19    3. NOTHING IN THIS SECTION SHALL AUTHORIZE THE TRUSTEES  OR  BOARD  OF
   20  EDUCATION  OF THE DISTRICT TO ADOPT OR INTERPRET REGULATIONS FOR THE USE
   21  OF SCHOOLHOUSES, GROUNDS OR OTHER PROPERTY, PURSUANT TO SUBDIVISION  ONE
   22  OF  THIS  SECTION,  THAT  WOULD RESULT IN THE EXCLUSION OR LIMITATION OF
   23  SPEECH, DURING NON SCHOOL HOURS, EVEN WHERE  STUDENTS  MAY  BE  PRESENT,
   24  INCLUDING  SPEECH THAT EXPRESSES RELIGIOUS CONDUCT OR DISCUSSES SUBJECTS
   25  FROM A RELIGIOUS VIEWPOINT.
   26    S 2. This act shall take effect immediately.