§ 403-B — Leasing of school buildings and facilities

§ 403-b. Leasing of school buildings and facilities. 1. The board of\neducation of any union free or central school district is hereby\nauthorized to enter into a lease with any other union free or central\nschool district providing for the use and occupancy by any such school\ndistrict of a school building, or a portion thereof, owned by such other\nschool district, provided such lessee school district is within a\nreasonable distance, as determined by the commissioner, from the lessor\nschool district, subject to the conditions set forth in this\nsubdivision. The board of education of any union free or central school\ndistrict is hereby authorized to enter into a lease with any person,\npartnership or corporation for use and occupancy of a building or\nfacility, or a portion thereof, owned by such person, partnership, or\ncorporation for use as a school facility provided that such building or\nfacility is located within the school district and subject to the\nconditions set forth in this subdivision.\n a. No such lease shall be for a period of more than five years,\nexcept that the term of such a lease may exceed five years if the\napproval of the voters of the school district which will become the\nlessee is obtained before the lease is executed. Notwithstanding any\nother provision of this section to the contrary, the initial term of\nsuch a lease, not including any renewals thereof, may not exceed the\nperiod of probable usefulness that would be prescribed for such building\nor facilities by the local finance law if the building or facility were\nowned by a school district.\n b. The approval of the voters of the school district which will\nbecome the lessee shall be obtained for any capital project to be\nundertaken in a leased building or facility during the term of the\nlease, provided however that any such capital project shall be subject\nto the prior approval of the commissioner and shall only be approved\nwhere the commissioner finds that the need for such project has been\nestablished to the commissioner's satisfaction.\n c. Such lease shall not become effective until the commissioner shall\nhave approved the same. In approving such leases, the commissioner shall\ndetermine: (i) that the leased facility meets all applicable standards\nfor the health, safety and comfort of occupants; (ii) that the leased\nfacility is educationally adequate as determined by the commissioner for\nnew construction or rehabilitation, and (iii) that district has a\ncurrent five-year facilities plan, or other long-range facilities plan\nas applicable, that is consistent with the regulations of the\ncommissioner, and includes the proposed lease as well as all other\nplanned acquisitions, disposals and leasing of buildings or facilities\nfor school purposes during the period of the plan.\n d. Any such lease may be renewed, provided however that the approval\nof the voters of the school district which will become the lessee shall\nbe obtained before such renewal is executed.\n e. To be eligible for aid pursuant to subdivision six of section\nthirty-six hundred two of this chapter, such leased school or facility\nshall meet requirements for access by individuals with disabilities to\nboth facilities and programs, as defined in regulations of the\ncommissioner, and the leased space shall be used to house programs for\npupils in grades prekindergarten through twelve, other than programs\nfunded pursuant to section forty-four hundred ten of this chapter, with\nminimal associated administrative and support services space as approved\nby the commissioner.\n f. The term "lease", as used in this section, shall not include a\nlease with an option to purchase. Any lease entered pursuant to this\nsection shall include a provision that the lease shall be void and\nunenforceable if entered into in violation of section eight hundred one\nof the general municipal law or section four hundred ten of this\nchapter.\n 2. Any union free or central school district which shall have leased a\nschool building from another school district or from a person,\npartnership or corporation pursuant to the provisions of this section is\nhereby authorized to operate and conduct school in such building in all\nrespects as though such school building were owned by and located within\nthe boundaries of such school district. The average daily attendance of\npupils attending such school shall be included in the average daily\nattendance of such lessee district as certified to the commissioner in\nthe report of the board of education.\n 3. A school district providing transportation between a school\nbuilding leased from another district and the homes of the children\nattending such school shall be entitled to transportation aid as though\nsuch school were located within the lessee school district.\n