N.Y. Education Law § 403-b: Leasing of school buildings and facilities

§ 403-b. Leasing of school buildings and facilities. 1. The board of

education of any union free or central school district is hereby

authorized to enter into a lease with any other union free or central

school district providing for the use and occupancy by any such school

district of a school building, or a portion thereof, owned by such other

school district, provided such lessee school district is within a

reasonable distance, as determined by the commissioner, from the lessor

school district, subject to the conditions set forth in this

subdivision. The board of education of any union free or central school

district is hereby authorized to enter into a lease with any person,

partnership or corporation for use and occupancy of a building or

facility, or a portion thereof, owned by such person, partnership, or

corporation for use as a school facility provided that such building or

facility is located within the school district and subject to the

conditions set forth in this subdivision.

a. No such lease shall be for a period of more than five years,

except that the term of such a lease may exceed five years if the

approval of the voters of the school district which will become the

lessee is obtained before the lease is executed. Notwithstanding any

other provision of this section to the contrary, the initial term of

such a lease, not including any renewals thereof, may not exceed the

period of probable usefulness that would be prescribed for such building

or facilities by the local finance law if the building or facility were

owned by a school district.

b. The approval of the voters of the school district which will

become the lessee shall be obtained for any capital project to be

undertaken in a leased building or facility during the term of the

lease, provided however that any such capital project shall be subject

to the prior approval of the commissioner and shall only be approved

where the commissioner finds that the need for such project has been

established to the commissioner's satisfaction.

c. Such lease shall not become effective until the commissioner shall

have approved the same. In approving such leases, the commissioner shall

determine: (i) that the leased facility meets all applicable standards

for the health, safety and comfort of occupants; (ii) that the leased

facility is educationally adequate as determined by the commissioner for

new construction or rehabilitation, and (iii) that district has a

current five-year facilities plan, or other long-range facilities plan

as applicable, that is consistent with the regulations of the

commissioner, and includes the proposed lease as well as all other

planned acquisitions, disposals and leasing of buildings or facilities

for school purposes during the period of the plan.

d. Any such lease may be renewed, provided however that the approval

of the voters of the school district which will become the lessee shall

be obtained before such renewal is executed.

e. To be eligible for aid pursuant to subdivision six of section

thirty-six hundred two of this chapter, such leased school or facility

shall meet requirements for access by individuals with disabilities to

both facilities and programs, as defined in regulations of the

commissioner, and the leased space shall be used to house programs for

pupils in grades prekindergarten through twelve, other than programs

funded pursuant to section forty-four hundred ten of this chapter, with

minimal associated administrative and support services space as approved

by the commissioner.

f. The term "lease", as used in this section, shall not include a

lease with an option to purchase. Any lease entered pursuant to this

section shall include a provision that the lease shall be void and

unenforceable if entered into in violation of section eight hundred one

of the general municipal law or section four hundred ten of this

chapter.

2. Any union free or central school district which shall have leased a

school building from another school district or from a person,

partnership or corporation pursuant to the provisions of this section is

hereby authorized to operate and conduct school in such building in all

respects as though such school building were owned by and located within

the boundaries of such school district. The average daily attendance of

pupils attending such school shall be included in the average daily

attendance of such lessee district as certified to the commissioner in

the report of the board of education.

3. A school district providing transportation between a school

building leased from another district and the homes of the children

attending such school shall be entitled to transportation aid as though

such school were located within the lessee school district.