A 4684: Authorizes school districts to enter into a lease outside of such school district when it is demonstrated to the satisfaction of the commissioner of education that extenuating circumstances exist which necessitate a lease outside of the school district.

  
  STATE OF NEW YORK ________________________________________________________________________ 4684 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. O'PHARROW -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to authorizing leases outside the boundaries of the school district The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 403-b of 2 the education law, as amended by chapter 700 of the laws of 1992, is 3 amended to read as follows: 4 The board of education of any union free or central school district is 5 hereby authorized to enter into a lease with any other union free or 6 central school district providing for the use and occupancy by any such 7 school district of a school building, or a portion thereof, owned by 8 such other school district, provided such lessee school district is 9 within a reasonable distance, as determined by the commissioner, from 10 the lessor school district, subject to the conditions set forth in this 11 subdivision. The board of education of any union free or central school 12 district is hereby authorized to enter into a lease with any person, 13 partnership or corporation for use and occupancy of a building or facil- 14 ity, or a portion thereof, owned by such person, partnership, or corpo- 15 ration for use as a school facility provided that such building or 16 facility is located within the school district and subject to the condi- 17 tions set forth in this subdivision; provided, however, that a board of 18 education of any union free or central school district may be authorized 19 to enter into a lease with any person, partnership or corporation for 20 use and occupancy of a building or facility, or a portion thereof, owned 21 by such person, partnership or corporation for use as a school facility 22 when such building or facility is located outside the school district 23 when it is demonstrated to the satisfaction of the commissioner that 24 extenuating circumstances exist which necessitate a lease outside the 25 boundaries of the school district. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08796-01-5 
 A. 4684 2 1 § 2. Subdivision 7 of section 1709 of the education law, as added by 2 chapter 130 of the laws of 1976, is amended to read as follows: 3 7. To lease, on a temporary basis, necessary space not located on 4 school property and/or is not located within the school district, when 5 the facilities of the district are overcrowded or damaged or destroyed 6 or when it is demonstrated to the satisfaction of the commissioner that 7 extenuating circumstances exist which necessitate a lease outside the 8 boundaries of the school district, and to furnish and equip such space 9 for school district use. The use of such space shall be subject to annu- 10 al approval by the commissioner. 11 § 3. This act shall take effect immediately.