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

                                  1088

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to  the  construction  of
  school based health and mental health clinics in certain cities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 1 of paragraph a of subdivision 6  of  section
3602  of the education law, as amended by section 5 of part A of chapter
60 of the laws of 2000, is amended to read as follows:
  (1) For new construction and the purchase of existing structures,  the
cost  allowances  shall be based upon the rated capacity of the building
or addition and a basic per pupil allowance of up to six thousand  three
hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
reflecting changes in the cost of labor and materials since July  first,
nineteen  hundred  ninety-two, established by the commissioner of labor,
modified by an annual county or multi-county labor market composite wage
rate, established by the commissioner of labor in consultation with  the
commissioner,  for  July  first of the base year, commencing July first,
nineteen hundred ninety-seven for general construction contracts awarded
on or after July first, nineteen hundred ninety-eight,  indexed  to  the
median  of  such  county  or  multi-county rates, but not less than one.
Such base allowance shall apply to a building  or  an  addition  housing
grades  prekindergarten through six and shall be adjusted for a building
or an addition housing grades seven through nine by a factor of one  and
four-tenths,  for a building or an addition housing grades seven through
twelve by a factor of one and five-tenths, for a  building  or  addition
housing special education programs by a factor of two, except that where
such  building  or  addition  is  connected to, or such space is located
within, a  public  school  facility  housing  programs  for  nondisabled
pupils,  as  approved  by  the  commissioner, a factor of three shall be

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

                                                           LBD01530-01-1

A. 1088                             2

used. Rated capacity of a building or an addition shall be determined by
the commissioner based on space standards  and  other  requirements  for
building  construction  specified  by  the commissioner.   Such assigned
capacity ratings shall include, in addition to those spaces used for the
instruction  of  pupils,  those spaces which are used for elementary and
secondary school libraries,  cafeterias,  prekindergarten  instructional
rooms,  teachers' conference rooms, gymnasiums [and], auditoriums AND IN
A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS UP TO
TWO THOUSAND SQUARE FEET FOR SCHOOL BASED HEALTH AND MENTAL HEALTH CLIN-
ICS. For new construction projects approved on or after July first,  two
thousand, by the voters of the school district or by the board of educa-
tion  of  a  city  school  district in a city with more than one hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district in a city having a population of  one  million  or  more,  such
rated  capacity  for  new buildings and additions constructed to replace
existing buildings that, in the judgment of the commissioner,  have  not
been  adequately  maintained and have not reached their projected useful
life shall be reduced by the commissioner by an amount  proportional  to
the  remaining  unused portion of the useful life of the existing build-
ings, provided however that the commissioner may waive such  requirement
upon a finding that replacement of the existing building is necessary to
protect  the health and safety of students or staff, that reconstruction
and modernization of the existing building would not adequately  address
such health and safety problems, and that the need to replace the build-
ing  was  not  caused by failure to adequately maintain the building. If
the commissioner of labor resets the statewide index reflecting  changes
in  the  costs of labor and materials since July first, nineteen hundred
ninety-two, the commissioner shall adopt regulations  to  supersede  the
basic  per  pupil allowance of up to six thousand three hundred seventy-
five dollars to the imputed allowance in effect at that time.
  S 2. Subparagraph (iii) of paragraph (j) of subdivision 1  of  section
414  of  the education law, as added by chapter 513 of the laws of 2005,
is amended to read as follows:
  (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 nine-
teen  hundred fifty of this chapter, EXCEPT WHEN BUILDING AID IS SPECIF-
ICALLY AUTHORIZED IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND  INHABITANTS  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH  A  OF
SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 3. This act shall take effect immediately.