Bill Text: NY A07293 | 2021-2022 | General Assembly | Introduced
Bill Title: Directs the commissioner of education, in conjunction with the superintendent of state police and the commissioner of the division of homeland security and emergency services, to establish standards for the security and safety of school grounds.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-01-05 - referred to education [A07293 Detail]
Download: New_York-2021-A07293-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7293 2021-2022 Regular Sessions IN ASSEMBLY May 4, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, COOK, COLTON, PAULIN, BENEDETTO -- Multi-Sponsored by -- M. of A. PERRY, J. RIVERA -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to minimum standards for the security and safety of school grounds The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 305 of the education law is amended by adding a new 2 subdivision 57 to read as follows: 3 57. The commissioner, in conjunction with the superintendent of state 4 police and the commissioner of the division of homeland security and 5 emergency services, shall establish, by rule, minimum standards for the 6 security and safety of school buildings, grounds and property so as to 7 provide an appropriately safe learning environment. Such standards shall 8 include, but not be limited to, the security of building doors, windows 9 and other points of entry, and access to school grounds and property, 10 including guidelines for fences and security gates. 11 § 2. Subparagraphs (iii) and (iv) of paragraph i of subdivision 2 of 12 section 2023-a of the education law, as added by section 2 of part A of 13 chapter 97 of the laws of 2011, are amended and a new subparagraph (v) 14 is added to read as follows: 15 (iii) in years in which the normal contribution rate of the New York 16 state teachers' retirement system, as defined by paragraph a of subdivi- 17 sion two of section five hundred seventeen of this chapter, increases by 18 more than two percentage points from the previous year, a tax levy 19 necessary for expenditures for the coming fiscal year for school 20 district employer contributions to the New York state teachers' retire- 21 ment system caused by growth in the normal contribution rate minus two 22 percentage points; [and] 23 (iv) a capital tax levy[.]; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11143-01-1A. 7293 2 1 (v) a tax levy necessary for expenditures for the updating and enhanc- 2 ing of the security and safety of school buildings, grounds and proper- 3 ty. 4 § 3. The opening paragraph of subdivision 6 of section 3602 of the 5 education law, as amended by chapter 355 of the laws of 2016, is amended 6 to read as follows: 7 Any apportionment to a school district pursuant to this subdivision 8 shall be based upon base year approved expenditures for capital outlays 9 incurred prior to July first, two thousand one from its general fund, 10 capital fund or reserved funds and current year approved expenditures 11 for debt service, including debt service for refunding bond issues 12 eligible for an apportionment pursuant to paragraph g of this subdivi- 13 sion and lease or other annual payments to the New York city educational 14 construction fund created by article ten of this chapter or the city of 15 Yonkers educational construction fund created by article ten-B of this 16 chapter which have been pledged to secure the payment of bonds, notes or 17 other obligations issued by the fund to finance the construction, acqui- 18 sition, reconstruction, rehabilitation or improvement of the school 19 portion of combined occupancy structures, or for lease or other annual 20 payments to the New York state urban development corporation created by 21 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 22 eight, pursuant to agreement between such school district and such 23 corporation relating to the construction, acquisition, reconstruction, 24 rehabilitation or improvement of any school building, or for annual 25 payments to the dormitory authority pursuant to any lease, sublease or 26 other agreement relating to the financing, refinancing, acquisition, 27 design, construction, reconstruction, rehabilitation, improvement, 28 furnishing and equipping of, or otherwise provide for school district 29 capital facilities or school district capital equipment made under the 30 provisions of section sixteen hundred eighty of the public authorities 31 law, or for annual payments pursuant to any lease, sublease or other 32 agreement relating to the financing, refinancing, acquisition, design, 33 construction, reconstruction, rehabilitation, improvement, furnishing 34 and equipping of, or otherwise providing for educational facilities of a 35 city school district under the provisions of section sixteen of chapter 36 six hundred five of the laws of two thousand, or for payments, pursuant 37 to any assignment authorized by section twenty-seven hundred ninety- 38 nine-tt of the public authorities law, of debt service in furtherance of 39 funding the five-year educational facilities capital plan of the city of 40 New York school district or related debt service costs and expenses as 41 set forth in such section, for annual payments pursuant to any lease, 42 sublease or other agreement relating to the financing, refinancing, 43 design, reconstruction, rehabilitation, improvement, furnishing and 44 equipping of, or otherwise providing for projects authorized pursuant to 45 the city of Syracuse and the board of education of the city school 46 district of the city of Syracuse cooperative school reconstruction act, 47 for annual payments pursuant to any lease, sublease or other agreement 48 relating to the financing, refinancing, design, reconstruction, rehabil- 49 itation, improvement, furnishing and equipping of, or otherwise provid- 50 ing for projects authorized pursuant to the city of Rochester and the 51 board of education of the city school district of the city of Rochester 52 school facilities modernization program act, for annual payments pursu- 53 ant to any lease, sublease or other agreement relating to the financing, 54 refinancing, design, construction, reconstruction, rehabilitation, 55 improvement, furnishing and equipping of, or otherwise providing for 56 projects authorized pursuant to the Yonkers city school district facili-A. 7293 3 1 ties modernization program act, or for lease, lease-purchase or other 2 annual payments to another school district or person, partnership or 3 corporation pursuant to an agreement made under the provisions of 4 section four hundred three-b, subdivision eight of section twenty-five 5 hundred three, or subdivision six of section twenty-five hundred fifty- 6 four of this chapter, provided that the apportionment for such lease or 7 other annual payments under the provisions of section four hundred 8 three-b, subdivision eight of section twenty-five hundred three, or 9 subdivision six of section twenty-five hundred fifty-four of this chap- 10 ter, other than payments under a lease-purchase agreement or an equiv- 11 alent agreement, shall be based upon approved expenditures in the 12 current year. Approved expenditures for capital outlays from a school 13 district's general fund, capital fund or reserved funds that are 14 incurred on or after July first, two thousand two, and are not aidable 15 pursuant to subdivision six-f of this section, shall be aidable as debt 16 service under an assumed amortization established pursuant to paragraphs 17 e and j of this subdivision. In any such case approved expenditures 18 shall be only for new construction, reconstruction, purchase of existing 19 structures, for site purchase and improvement, for new garages, for 20 original equipment, furnishings, machinery, or apparatus, and for 21 professional fees and other costs incidental to such construction or 22 reconstruction, or purchase of existing structures. In the case of a 23 lease or lease-purchase agreement entered pursuant to section four 24 hundred three-b, subdivision eight of section twenty-five hundred three 25 or subdivision six of section twenty-five hundred fifty-four of this 26 chapter, approved expenditures for the lease or other annual payments 27 shall not include the costs of heat, electricity, water or other utili- 28 ties or the costs of operation or maintenance of the leased facility. An 29 apportionment shall be available pursuant to this subdivision for 30 construction, reconstruction, rehabilitation or improvement in a build- 31 ing, or portion thereof, being leased by a school district only if the 32 lease is for a term of at least ten years subsequent to the date of the 33 general construction contract for such construction, reconstruction, 34 rehabilitation or improvement. Each school district shall prepare a five 35 year capital facilities plan, pursuant to regulations developed by the 36 commissioner for such purpose, provided that in the case of a city 37 school district in a city having a population of one million inhabitants 38 or more, such facilities plan shall comply with the provisions of 39 section twenty-five hundred ninety-p of this chapter and this subdivi- 40 sion. Such plan shall include, but not be limited to, a building inven- 41 tory, and estimated expense of facility needs, for new construction, 42 additions, alterations, reconstruction, major repairs, energy consump- 43 tion and maintenance by school building, as appropriate. Such five year 44 plan shall include a priority ranking of projects, including those 45 necessary to comply with such safety standards as are established pursu- 46 ant to subdivision fifty-seven of section three hundred five of this 47 chapter, and shall be amended if necessary to reflect subsequent on-site 48 evaluations of facilities conducted by state supported contractors. 49 § 4. This act shall take effect on the first of July next succeeding 50 the date on which it shall have become a law.
