S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   978

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. GUNTHER, LIFTON, JOHN, ORTIZ -- Multi-Sponsored
  by -- M. of A.  DESTITO, GANTT, KOON, MORELLE, PHEFFER  --  read  once
  and referred 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:

  Section 1. Subdivision 1 of  section  414  of  the  education  law  is
amended by adding a new paragraph (l) to read as follows:
  (L) FOR APPROVED SCHOOL DENTAL CLINICS.
  (I) FOR PURPOSES OF THIS PARAGRAPH THE FOLLOWING TERMS SHALL MEAN:
  (A) "APPROVED SCHOOL DENTAL CLINIC" MEANS A NOT-FOR-PROFIT CLINIC THAT
WILL  PROVIDE  SERVICES  DURING  SCHOOL HOURS AND/OR NON-SCHOOL HOURS TO
SCHOOL-AGE AND PRE-SCHOOL CHILDREN.
  (B) "SERVICES" MEANS DENTAL SERVICES AND SHALL  NOT  INCLUDE  INSTRUC-
TIONAL SERVICES UNLESS THE INDIVIDUAL IS CERTIFIED OR LICENSED TO TEACH.
  (C)  "SCHOOL"  MEANS  A  PUBLIC  SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES OR COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD.
  (II) HEALTH PROFESSIONALS WHO  PROVIDE  SERVICES  IN  APPROVED  SCHOOL
DENTAL  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
DENTAL  HEALTH SERVICES PURSUANT TO THIS PARAGRAPH SHALL NOT BE A CHARGE
UPON THE SCHOOL DISTRICT.  BUILDING SPACE USED EXCLUSIVELY  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02174-01-9
              

A. 978                              2

  S 2. Subdivision 2 of section 414 of the education law, as amended  by
chapter 513 of the laws of 2005, is amended to read as follows:
  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 para-
graphs (a), (b), (c), (d), (e), (g), (i), (j)  [and],  (k)  AND  (L)  of
subdivision  one  of  this section. Any such use, pursuant to paragraphs
(a), (c), (d), (h) [and],  (j)  AND  (L)  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.
  S 3. This act shall take effect immediately.