Bill Text: NY A02618 | 2025-2026 | General Assembly | Introduced
Bill Title: Directs the commissioner of education, in conjunction with the superintendent of state police and the commissioner of the division of homeland security and emergency services, to establish standards for the security and safety of school grounds.
Spectrum: Bipartisan Bill
Status: (Introduced) 2025-01-21 - referred to education [A02618 Detail]
Download: New_York-2025-A02618-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2618 2025-2026 Regular Sessions IN ASSEMBLY January 21, 2025 ___________ Introduced by M. of A. SAYEGH, SANTABARBARA, BUTTENSCHON, ALVAREZ, FALL, TAYLOR, LEVENBERG, COLTON, CUNNINGHAM, CONRAD, WILLIAMS, ZINERMAN, COOK, McDONOUGH, CHANG, PIROZZOLO, DeSTEFANO, K. BROWN, BRABENEC, LEMONDES, NOVAKHOV, BENDETT, GRAY, SHIMSKY, BEEPHAN, TAGUE, GALLAHAN, HYNDMAN, BROOK-KRASNY -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to minimum standards for the security and safety of school grounds The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 305 of the education law is amended by adding a new 2 subdivision 57 to read as follows: 3 57. The commissioner, in conjunction with the superintendent of state 4 police and the commissioner of the division of homeland security and 5 emergency services, shall establish, by rule, minimum standards for the 6 security and safety of school buildings, grounds and property so as to 7 provide an appropriately safe learning environment. Such standards shall 8 include, but not be limited to, the security of building doors, windows 9 and other points of entry, and access to school grounds and property, 10 including guidelines for fences and security gates. 11 § 2. Subparagraphs (iii) and (iv) of paragraph i of subdivision 2 of 12 section 2023-a of the education law, as added by section 2 of part A of 13 chapter 97 of the laws of 2011, are amended and a new subparagraph (v) 14 is added to read as follows: 15 (iii) in years in which the normal contribution rate of the New York 16 state teachers' retirement system, as defined by paragraph a of subdivi- 17 sion two of section five hundred seventeen of this chapter, increases by 18 more than two percentage points from the previous year, a tax levy 19 necessary for expenditures for the coming fiscal year for school 20 district employer contributions to the New York state teachers' retire- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05459-01-5A. 2618 2 1 ment system caused by growth in the normal contribution rate minus two 2 percentage points; [and] 3 (iv) a capital tax levy[.]; and 4 (v) a tax levy necessary for expenditures for the updating and enhanc- 5 ing of the security and safety of school buildings, grounds and proper- 6 ty. 7 § 3. The opening paragraph of subdivision 6 of section 3602 of the 8 education law, as amended by chapter 355 of the laws of 2016, is amended 9 to read as follows: 10 Any apportionment to a school district pursuant to this subdivision 11 shall be based upon base year approved expenditures for capital outlays 12 incurred prior to July first, two thousand one from its general fund, 13 capital fund or reserved funds and current year approved expenditures 14 for debt service, including debt service for refunding bond issues 15 eligible for an apportionment pursuant to paragraph g of this subdivi- 16 sion and lease or other annual payments to the New York city educational 17 construction fund created by article ten of this chapter or the city of 18 Yonkers educational construction fund created by article ten-B of this 19 chapter which have been pledged to secure the payment of bonds, notes or 20 other obligations issued by the fund to finance the construction, acqui- 21 sition, reconstruction, rehabilitation or improvement of the school 22 portion of combined occupancy structures, or for lease or other annual 23 payments to the New York state urban development corporation created by 24 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 25 eight, pursuant to agreement between such school district and such 26 corporation relating to the construction, acquisition, reconstruction, 27 rehabilitation or improvement of any school building, or for annual 28 payments to the dormitory authority pursuant to any lease, sublease or 29 other agreement relating to the financing, refinancing, acquisition, 30 design, construction, reconstruction, rehabilitation, improvement, 31 furnishing and equipping of, or otherwise provide for school district 32 capital facilities or school district capital equipment made under the 33 provisions of section sixteen hundred eighty of the public authorities 34 law, or for annual payments pursuant to any lease, sublease or other 35 agreement relating to the financing, refinancing, acquisition, design, 36 construction, reconstruction, rehabilitation, improvement, furnishing 37 and equipping of, or otherwise providing for educational facilities of a 38 city school district under the provisions of section sixteen of chapter 39 six hundred five of the laws of two thousand, or for payments, pursuant 40 to any assignment authorized by section twenty-seven hundred ninety- 41 nine-tt of the public authorities law, of debt service in furtherance of 42 funding the five-year educational facilities capital plan of the city of 43 New York school district or related debt service costs and expenses as 44 set forth in such section, for annual payments pursuant to any lease, 45 sublease or other agreement relating to the financing, refinancing, 46 design, reconstruction, rehabilitation, improvement, furnishing and 47 equipping of, or otherwise providing for projects authorized pursuant to 48 the city of Syracuse and the board of education of the city school 49 district of the city of Syracuse cooperative school reconstruction act, 50 for annual payments pursuant to any lease, sublease or other agreement 51 relating to the financing, refinancing, design, reconstruction, rehabil- 52 itation, improvement, furnishing and equipping of, or otherwise provid- 53 ing for projects authorized pursuant to the city of Rochester and the 54 board of education of the city school district of the city of Rochester 55 school facilities modernization program act, for annual payments pursu- 56 ant to any lease, sublease or other agreement relating to the financing,A. 2618 3 1 refinancing, design, construction, reconstruction, rehabilitation, 2 improvement, furnishing and equipping of, or otherwise providing for 3 projects authorized pursuant to the Yonkers city school district facili- 4 ties modernization program act, or for lease, lease-purchase or other 5 annual payments to another school district or person, partnership or 6 corporation pursuant to an agreement made under the provisions of 7 section four hundred three-b, subdivision eight of section twenty-five 8 hundred three, or subdivision six of section twenty-five hundred fifty- 9 four of this chapter, provided that the apportionment for such lease or 10 other annual payments under the provisions of section four hundred 11 three-b, subdivision eight of section twenty-five hundred three, or 12 subdivision six of section twenty-five hundred fifty-four of this chap- 13 ter, other than payments under a lease-purchase agreement or an equiv- 14 alent agreement, shall be based upon approved expenditures in the 15 current year. Approved expenditures for capital outlays from a school 16 district's general fund, capital fund or reserved funds that are 17 incurred on or after July first, two thousand two, and are not aidable 18 pursuant to subdivision six-f of this section, shall be aidable as debt 19 service under an assumed amortization established pursuant to paragraphs 20 e and j of this subdivision. In any such case approved expenditures 21 shall be only for new construction, reconstruction, purchase of existing 22 structures, for site purchase and improvement, for new garages, for 23 original equipment, furnishings, machinery, or apparatus, and for 24 professional fees and other costs incidental to such construction or 25 reconstruction, or purchase of existing structures. In the case of a 26 lease or lease-purchase agreement entered pursuant to section four 27 hundred three-b, subdivision eight of section twenty-five hundred three 28 or subdivision six of section twenty-five hundred fifty-four of this 29 chapter, approved expenditures for the lease or other annual payments 30 shall not include the costs of heat, electricity, water or other utili- 31 ties or the costs of operation or maintenance of the leased facility. An 32 apportionment shall be available pursuant to this subdivision for 33 construction, reconstruction, rehabilitation or improvement in a build- 34 ing, or portion thereof, being leased by a school district only if the 35 lease is for a term of at least ten years subsequent to the date of the 36 general construction contract for such construction, reconstruction, 37 rehabilitation or improvement. Each school district shall prepare a five 38 year capital facilities plan, pursuant to regulations developed by the 39 commissioner for such purpose, provided that in the case of a city 40 school district in a city having a population of one million inhabitants 41 or more, such facilities plan shall comply with the provisions of 42 section twenty-five hundred ninety-p of this chapter and this subdivi- 43 sion. Such plan shall include, but not be limited to, a building inven- 44 tory, and estimated expense of facility needs, for new construction, 45 additions, alterations, reconstruction, major repairs, energy consump- 46 tion and maintenance by school building, as appropriate. Such five year 47 plan shall include a priority ranking of projects, including those 48 necessary to comply with such safety standards as are established pursu- 49 ant to subdivision fifty-seven of section three hundred five of this 50 chapter, and shall be amended if necessary to reflect subsequent on-site 51 evaluations of facilities conducted by state supported contractors. 52 § 4. The opening paragraph of subdivision 6 of section 3602 of the 53 education law, as amended by chapter 529 of the laws of 2023, is amended 54 to read as follows: 55 Any apportionment to a school district pursuant to this subdivision 56 shall be based upon base year approved expenditures for capital outlaysA. 2618 4 1 incurred prior to July first, two thousand one from its general fund, 2 capital fund or reserved funds and current year approved expenditures 3 for debt service, including debt service for refunding bond issues 4 eligible for an apportionment pursuant to paragraph g of this subdivi- 5 sion and lease or other annual payments to the New York city educational 6 construction fund created by article ten of this chapter or the city of 7 Yonkers educational construction fund created by article ten-B of this 8 chapter which have been pledged to secure the payment of bonds, notes or 9 other obligations issued by the fund to finance the construction, acqui- 10 sition, reconstruction, rehabilitation or improvement of the school 11 portion of combined occupancy structures, or for lease or other annual 12 payments to the New York state urban development corporation created by 13 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 14 eight, pursuant to agreement between such school district and such 15 corporation relating to the construction, acquisition, reconstruction, 16 rehabilitation or improvement of any school building, or for annual 17 payments to the dormitory authority pursuant to any lease, sublease or 18 other agreement relating to the financing, refinancing, acquisition, 19 design, construction, reconstruction, rehabilitation, improvement, 20 furnishing and equipping of, or otherwise provide for school district 21 capital facilities or school district capital equipment made under the 22 provisions of section sixteen hundred eighty of the public authorities 23 law, or for annual payments pursuant to any lease, sublease or other 24 agreement relating to the financing, refinancing, acquisition, design, 25 construction, reconstruction, rehabilitation, improvement, furnishing 26 and equipping of, or otherwise providing for educational facilities of a 27 city school district under the provisions of section sixteen of chapter 28 six hundred five of the laws of two thousand, or for payments, pursuant 29 to any assignment authorized by section twenty-seven hundred ninety- 30 nine-tt of the public authorities law, of debt service in furtherance of 31 funding the five-year educational facilities capital plan of the city of 32 New York school district or related debt service costs and expenses as 33 set forth in such section, for annual payments pursuant to any lease, 34 sublease or other agreement relating to the financing, refinancing, 35 design, reconstruction, rehabilitation, improvement, furnishing and 36 equipping of, or otherwise providing for projects authorized pursuant to 37 the city of Syracuse and the board of education of the city school 38 district of the city of Syracuse cooperative school reconstruction act, 39 for annual payments pursuant to any lease, sublease or other agreement 40 relating to the financing, refinancing, design, reconstruction, rehabil- 41 itation, improvement, furnishing and equipping of, or otherwise provid- 42 ing for projects authorized pursuant to the city of Rochester and the 43 board of education of the city school district of the city of Rochester 44 school facilities modernization program act, for annual payments pursu- 45 ant to any lease, sublease or other agreement relating to the financing, 46 refinancing, design, construction, reconstruction, rehabilitation, 47 improvement, furnishing and equipping of, or otherwise providing for 48 projects authorized pursuant to the Yonkers city school district facili- 49 ties modernization program act, or for lease, lease-purchase or other 50 annual payments to another school district or person, partnership or 51 corporation pursuant to an agreement made under the provisions of 52 section four hundred three-b, subdivision eight of section twenty-five 53 hundred three, or subdivision six of section twenty-five hundred fifty- 54 four of this chapter, provided that the apportionment for such lease or 55 other annual payments under the provisions of section four hundred 56 three-b, subdivision eight of section twenty-five hundred three, orA. 2618 5 1 subdivision six of section twenty-five hundred fifty-four of this chap- 2 ter, other than payments under a lease-purchase agreement or an equiv- 3 alent agreement, shall be based upon approved expenditures in the 4 current year. Approved expenditures for capital outlays from a school 5 district's general fund, capital fund or reserved funds that are 6 incurred on or after July first, two thousand two, and are not aidable 7 pursuant to subdivision six-f of this section, shall be aidable as debt 8 service under an assumed amortization established pursuant to paragraphs 9 e and j of this subdivision. In any such case approved expenditures 10 shall be only for new construction, reconstruction, purchase of existing 11 structures, for site purchase and improvement, for new garages, for 12 original equipment, furnishings, machinery, or apparatus, and for 13 professional fees and other costs incidental to such construction or 14 reconstruction, or purchase of existing structures. In the case of a 15 lease or lease-purchase agreement entered pursuant to section four 16 hundred three-b, subdivision eight of section twenty-five hundred three 17 or subdivision six of section twenty-five hundred fifty-four of this 18 chapter, approved expenditures for the lease or other annual payments 19 shall not include the costs of heat, electricity, water or other utili- 20 ties or the costs of operation or maintenance of the leased facility. An 21 apportionment shall be available pursuant to this subdivision for 22 construction, reconstruction, rehabilitation or improvement in a build- 23 ing, or portion thereof, being leased by a school district only if the 24 lease is for a term of at least ten years subsequent to the date of the 25 general construction contract for such construction, reconstruction, 26 rehabilitation or improvement. Each school district shall prepare a five 27 year capital facilities plan, pursuant to regulations developed by the 28 commissioner for such purpose, provided that in the case of a city 29 school district in a city having a population of one million inhabitants 30 or more, such facilities plan shall comply with the provisions of 31 section twenty-five hundred ninety-p of this chapter and this subdivi- 32 sion. Such plan shall include, but not be limited to, a building inven- 33 tory, and estimated expense of facility needs, for new construction, 34 additions, alterations, reconstruction, major repairs, energy consump- 35 tion and maintenance by school building, as appropriate. Such plan shall 36 consider the incorporation of design principles and strategies, pursuant 37 to guidance issued by the commissioner, as part of a comprehensive 38 approach to provide a safe, secure and healthy school environment. Such 39 five year plan shall include a priority ranking of projects, including 40 those necessary to comply with such safety standards as are established 41 pursuant to subdivision fifty-seven of section three hundred five of 42 this chapter, and shall be amended if necessary to reflect subsequent 43 on-site evaluations of facilities conducted by state supported contrac- 44 tors. 45 § 5. This act shall take effect on the first of July next succeeding 46 the date on which it shall have become a law; provided, however, that if 47 chapter 529 of the laws of 2023 shall not have taken effect on or before 48 such date then section four of this act shall take effect on the same 49 date and in the same manner as such chapter of the laws of 2023 takes 50 effect.
