Bill Text: NY S02536 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Authorizes school district property to be used for not-for-profit dental clinics providing care to families in the district upon the approval of the trustees or board of education of a school district.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2016-06-17 - COMMITTED TO RULES [S02536 Detail]

Download: New_York-2015-S02536-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2536
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to authorizing the use of
         schoolhouses and grounds by not-for-profit dental clinics
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  414  of the education law is
    2  amended by adding a new paragraph (l) to read as follows:
    3    (L) FOR APPROVED SCHOOL DENTAL CLINICS.
    4    (I) FOR PURPOSES OF THIS PARAGRAPH THE FOLLOWING TERMS SHALL MEAN:
    5    (A) "APPROVED SCHOOL DENTAL CLINIC" MEANS A NOT-FOR-PROFIT CLINIC THAT
    6  WILL PROVIDE SERVICES DURING SCHOOL HOURS  AND/OR  NON-SCHOOL  HOURS  TO
    7  SCHOOL-AGE AND PRE-SCHOOL CHILDREN.
    8    (B)  "SERVICES"  MEANS  DENTAL SERVICES AND SHALL NOT INCLUDE INSTRUC-
    9  TIONAL SERVICES UNLESS THE INDIVIDUAL IS CERTIFIED OR LICENSED TO TEACH.
   10    (C) "SCHOOL" MEANS A PUBLIC  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE
   11  EDUCATIONAL SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
   12    (II)  HEALTH  PROFESSIONALS  WHO  PROVIDE  SERVICES IN APPROVED SCHOOL
   13  DENTAL HEALTH CLINICS SHALL BE DULY LICENSED PURSUANT TO THE  PROVISIONS
   14  OF  TITLE  EIGHT  OF THIS CHAPTER, UNLESS OTHERWISE EXEMPTED BY LAW, AND
   15  SHALL BE AUTHORIZED TO PROVIDE SUCH SERVICES TO THE EXTENT PERMITTED  BY
   16  THEIR RESPECTIVE PRACTICE ACTS.
   17    (III)  EXCEPT WHERE OTHERWISE AUTHORIZED BY LAW, THE COST OF PROVIDING
   18  DENTAL HEALTH SERVICES PURSUANT TO THIS PARAGRAPH SHALL NOT BE A  CHARGE
   19  UPON  THE  SCHOOL DISTRICT.   BUILDING SPACE USED EXCLUSIVELY FOR SUCH A
   20  CLINIC SHALL BE EXCLUDED FROM THE RATED CAPACITY OF THE SCHOOL  BUILDING
   21  FOR THE PURPOSE OF COMPUTING BUILDING AID PURSUANT TO SUBDIVISION SIX OF
   22  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
   23    S  2. Subdivision 2 of section 414 of the education law, as amended by
   24  chapter 513 of the laws of 2005, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01532-01-5
       S. 2536                             2
    1    2. The trustees or board of education shall determine  the  terms  and
    2  conditions  for  such use which may include rental at least in an amount
    3  sufficient to cover all resulting expenses for  the  purposes  of  para-
    4  graphs  (a),  (b),  (c),  (d),  (e), (g), (i), (j) [and], (k) AND (L) of
    5  subdivision  one  of  this section. Any such use, pursuant to paragraphs
    6  (a), (c), (d), (h) [and],  (j)  AND  (L)  of  subdivision  one  of  this
    7  section,  shall  not  allow  the  exclusion of any district child solely
    8  because said child is not attending a district school or  not  attending
    9  the district school which is sponsoring such use or on which grounds the
   10  use is to occur.
   11    S 3. This act shall take effect immediately.