§ 414 — Use of schoolhouse and grounds

§ 414. Use of schoolhouse and grounds. 1. Schoolhouses and the grounds\nconnected therewith and all property belonging to the district shall be\nin the custody and under the control and supervision of the trustees or\nboard of education of the district. The trustees or board of education\nmay adopt reasonable regulations for the use of such schoolhouses,\ngrounds or other property, all portions thereof, when not in use for\nschool purposes or when the school is in use for school purposes if in\nthe opinion of the trustees or board of education use will not be\ndisruptive of normal school operations, for such other public purposes\nas are herein provided; except, however, in the city of New York each\ncommunity school board shall be authorized to prohibit any use of\nschoolhouses and school grounds within its district which would\notherwise be permitted under the provisions of this section. Such\nregulations shall provide for the safety and security of the pupils and\nshall not conflict with the provisions of this chapter and shall conform\nto the purposes and intent of this section and shall be subject to\nreview on appeal to the commissioner of education as provided by law.\nThe trustees or board of education of each district may, subject to\nregulations adopted as above provided, permit the use of the schoolhouse\nand rooms therein, and the grounds and other property of the district,\nwhen not in use for school purposes or when the school is in use for\nschool purposes if in the opinion of the trustees or board of education\nuse will not be disruptive of normal school operations, for any of the\nfollowing purposes:\n (a) For the purpose of instruction in any branch of education,\nlearning or the arts.\n (b) For public library purposes, subject to the provisions of this\nchapter, or as stations of public libraries.\n (c) For holding social, civic and recreational meetings and\nentertainments, and other uses pertaining to the welfare of the\ncommunity; but such meetings, entertainment and uses shall be\nnon-exclusive and shall be open to the general public. Civic meetings\nshall include, but not be limited to, meetings of parent associations\nand parent-teacher associations.\n (d) For meetings, entertainments and occasions where admission fees\nare charged, when the proceeds thereof are to be expended for an\neducational or charitable purpose; but such use shall not be permitted\nif such meetings, entertainments and occasions are under the exclusive\ncontrol, and the said proceeds are to be applied for the benefit of a\nsociety, association or organization of a religious sect or\ndenomination, or of a fraternal, secret or exclusive society or\norganization other than organizations of veterans of the military, naval\nand marine service of the United States and organizations of volunteer\nfirefighters or volunteer ambulance workers.\n (e) For polling places for holding primaries and elections and for the\nregistration of voters and for holding political meetings. But no\nmeetings sponsored by political organizations shall be permitted unless\nauthorized by a vote of a district meeting, held as provided by law, or,\nin cities by the board of education thereof. Except in cities, it shall\nbe the duty of the trustees or board of education to call a special\nmeeting for such purpose upon the petition of at least ten per centum of\nthe qualified electors of the district. Authority so granted shall\ncontinue until revoked in like manner and by the same body as granted.\n (f) For civic forums and community centers. Upon the petition of at\nleast twenty-five citizens residing within the district or city, the\ntrustees or board of education in each school district or city shall\norganize and conduct community centers for civic purposes, and civic\nforums in the several school districts and cities, to promote and\nadvance principles of Americanism among the residents of the state. The\ntrustees or board of education in each school district or city, when\norganizing such community centers or civic forums, shall provide funds\nfor the maintenance and support of such community centers and civic\nforums, and shall prescribe regulations for their conduct and\nsupervision, provided that nothing herein contained shall prohibit the\ntrustees of such school district or the board of education to prescribe\nand adopt rules and regulations to make such community centers or civic\nforums self-supporting as far as practicable. Such community centers and\ncivic forums shall be at all times under the control of the trustees or\nboard of education in each school district or city, and shall be\nnon-exclusive and open to the general public.\n (g) For classes of instruction for minors with developmental\ndisabilities operated by a private organization approved by the\ncommissioner.\n (h) For recreation, physical training and athletics, including\ncompetitive athletic contests of children attending a private, nonprofit\nschool.\n (i) To provide child care services during non-school hours, or to\nprovide child care services during school hours for the children of\npupils attending the schools of the district and, if there is additional\nspace available, for children of employees of the district, and, if\nthere is further additional space available, the\nCobleskill-Richmondville school district shall provide child care\nservices for children ages three and four who need child care assistance\ndue to lack of sufficient child care spaces. Such determination shall be\nmade by each district's board of education, provided that the cost of\nsuch care shall not be a school district charge but shall be paid by the\nperson responsible for the support of such child; the local social\nservices district as authorized by law; or by any other public or\nprivate voluntary source or any combination thereof.\n (j) For licensed school-based health, dental or mental health clinics.\n(i) For the purposes of this subdivision, the term "licensed\nschool-based health, dental or mental health clinic" means a clinic that\nis located in a school facility of a school district or board of\ncooperative educational services, is operated by an entity other than\nthe school district or board of cooperative educational services and\nwill provide health, dental or mental health services during school\nhours and/or non-school hours to school-age and preschool children, and\nthat is: (1) a health clinic approved under the provisions of chapter\none hundred ninety-eight of the laws of nineteen hundred seventy-eight;\nor (2) another school-based health or dental clinic licensed by the\ndepartment of health pursuant to article twenty-eight of the public\nhealth law; or (3) a school-based mental health clinic licensed or\napproved by the office of mental health pursuant to article thirty-one\nof the mental hygiene law; or (4) a school-based mental health clinic\nlicensed by the office for people with developmental disabilities\npursuant to article sixteen of the mental hygiene law.\n (ii) Health professionals who provide services in licensed\nschool-based health, dental or mental health clinics shall be duly\nlicensed pursuant to the provisions of title eight of this chapter\nunless otherwise exempted by law and shall be authorized to provide such\nservices to the extent permitted by their respective practice acts.\n (iii) Except where otherwise authorized by law, the cost of providing\nhealth, dental or mental health services shall not be a charge upon the\nschool district or board of cooperative educational services, and shall\nbe paid from federal, state or other local funds available for such\npurpose. Building space used for such a clinic shall be excluded from\nthe rated capacity of the school building for the purpose of computing\nbuilding aid pursuant to subdivision six of section thirty-six hundred\ntwo of this chapter or aid pursuant to subdivision five of section\nnineteen hundred fifty of this chapter.\n (iv) Nothing in this paragraph shall be construed to justify a cause\nof action for damages against a school district or a board of\ncooperative educational services by reason of acts of negligence or\nmisconduct by a school-based health, dental or mental health clinic or\nsuch clinic's officers or employees.\n (k) For graduation exercises held by not-for-profit elementary and\nsecondary schools, provided that no religious service is performed.\n The board of education in the city of New York may delegate the\nauthority to judge the appropriateness for uses other than school\npurposes to community school boards.\n 2. The trustees or board of education shall determine the terms and\nconditions for such use which may include rental at least in an amount\nsufficient to cover all resulting expenses for the purposes of\nparagraphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision\none of this section. Any such use, pursuant to paragraphs (a), (c), (d),\n(h) and (j) of subdivision one of this section, shall not allow the\nexclusion of any district child solely because said child is not\nattending a district school or not attending the district school which\nis sponsoring such use or on which grounds the use is to occur.\n