S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3560
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, LIFTON, ORTIZ, JAFFEE, OTIS -- Multi-
   Sponsored by -- M. of A. BARCLAY, CROUCH, GANTT, HAWLEY, PERRY, RIVERA
   -- 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00412-01-9

 A. 3560                             2
 
   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.
   § 3. This act shall take effect immediately.