N.Y. Education Law § 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

following purposes:

(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 minors with developmental

disabilities operated by a private organization approved by the

commissioner.

(h) For recreation, physical training and athletics, including

competitive athletic contests of children attending a private, nonprofit

school.

(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 for people with 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.