NY State Senate Bill 2011-S7137

Senate Bill S7137

2011-2012 Legislative Session

Authorizes school district property to be used for not-for-profit dental clinics providing care to families in the district

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2012	referred to education

2011-S7137 (ACTIVE) - Details

See Assembly Version of this Bill:: A467
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A978
2013-2014: S1945, A1488
2015-2016: S2536, A1850
2017-2018: S1466, A502
2019-2020: S1216, A3560
2021-2022: S1155, A43
2023-2024: A1672

2011-S7137 (ACTIVE) - Summary

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.

2011-S7137 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7137

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing the use of
schoolhouses and grounds by not-for-profit dental
clinics

PURPOSE:
To add not-for-profit health clinics and dental clinics to the list of
authorized uses of school grounds upon the approval of the trustees
or board of education of a school district.

SUMMARY:
Sections 1 and 2 of the bill amend section 414 of the Education Law to
add health clinics and dental clinics to the list of uses which may
be authorized on school grounds by the trustees or board of education
of a school district. Such clinics serve families of the school
district.

Section 3 establishes the effective date for the legislation.

EXISTING LAW:
Section 414 of the Education Law lists many uses of school grounds
which may be authorized by the trustees or board of education of a
school district, including public libraries, teaching of the arts,

recreation and physical activities, civic forums, and child care
services. This bill would extend that list to allow not-for-profit
health clinics and dental clinics on school grounds at local option.

JUSTIFICATION:
Not-for-profit health clinics and dental clinics have been operating
in many New York schools and have been promoted by federal, state and
local public health agencies as sound public health policy and
practice. However, current law is unclear as to whether such clinics
may be authorized by school districts.

For many children and their families, access to health and dental care
is unreachable because of geographic, economic, language and cultural
barriers. This is compounded by a shortage of health and dental
professionals in many areas of the state. Programs such as the North
Country Children's Clinic are critical to promoting dental health to
underserved populations in the state and struggle with operational
costs. Many of these programs use portable dental equipment to
provide dental services in school settings.

This legislation would make it clear in the law, that important health
and dental programs could be provided in those school districts who
wished to allow it.

LEGISLATIVE HISTORY:

S.2778A of 2004 - Passed Senate

FISCAL IMPLICATIONS:
None. Any services provided would be paid for by existing federal,
state or other programs and would be operated on a not-for-profit
basis.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7137 (ACTIVE) - Bill Text download pdf

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

                                  7137

                            I N  S E N A T E

                               May 1, 2012
                               ___________

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:

  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.
  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

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

                                                           LBD02087-01-1

S. 7137                             2

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.

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