N.Y. Education Law Section 2512
Buildings and sites


Such board of education is authorized and it shall have power to designate sites, to purchase, repair, reconstruct, improve or enlarge school buildings or other buildings or sites, and to construct new buildings, provided that the purchase, repair, reconstruction, improvement or enlargement of school buildings or other buildings or sites, and construction of new buildings shall be subject to voter approval, to the same extent as in a union free school district.


Whenever in the judgment of such board of education it is necessary to select a new site, or to enlarge a present site, or to designate a playground or recreation center, or to acquire title to or lease real property for other educational purposes authorized by this chapter, such board may take options on property desirable for such purposes but before taking title thereto shall pass a resolution stating the necessity therefor, describing by metes and bounds or by lot number the grounds or territory desired for each of such purposes, and estimating the amount of funds necessary therefor.


Whenever in the judgment of such board of education the needs of the district require a new building for school purposes or for recreation or other educational purposes authorized by this chapter, or when in its judgment a building should be reconstructed or enlarged, such board shall pass a resolution specifying in detail the necessity therefor and estimating the amount of funds necessary for such purpose.


No site shall be designated except upon a majority vote of a board of education and no building shall be constructed, reconstructed, repaired or enlarged until the plans and specifications therefor are approved by the board of education and, in city school districts of cities having a population of less than seventy thousand, according to the latest federal census, by the commissioner of education pursuant to § 408 (Plans and specifications of school buildings must be approved by commissioner of education)section four hundred eight of this chapter.


When the real property of the school district is no longer needed for educational purposes, such board may sell or dispose of such property, subject to voter approval, and the proceeds thereof shall be credited to the funds under the control and administration of the board of education.


The board of education of any city school district of a city which has a planning commission, by whatever name known, shall, before designating a site or sites, submit the proposed designation to such city planning commission. Such commission shall make its recommendation to such board within sixty days from the date of such submission. The board of education may not designate a site or sites contrary to such recommendation, except after a public hearing and by a vote of two-thirds of its voting strength. The notice for such hearing shall be published at least once in each week for the four weeks preceding such hearing, in a newspaper, or two newspapers if there be two, having a general circulation, in such city school district. If such commission fails to make any recommendation prior to the expiration of such sixty days, the board of education may proceed to designate such site or sites. This subdivision shall not apply to the designation of a site or sites by such board of education where such site is located inside the city school district, but outside the boundaries of the city.


a. To enter into a lease, sublease or other agreement with the dormitory authority providing for the financing or refinancing of all or a portion of school district capital facilities or school district capital equipment in accordance with Public Authorities Law § 1680 (Dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the juris...)section sixteen hundred eighty of the public authorities law and with the approval of the commissioner. Such lease, sublease, or other agreement may provide for the payment of annual or other payments to the dormitory authority, and contain such other terms and conditions as may be agreed upon by the parties thereto, including the establishment of reserve funds and indemnities. For purposes of this subdivision, school district capital equipment shall have the meaning ascribed thereto in Public Authorities Law § 1676 (Definitions)section sixteen hundred seventy-six of the public authorities law.


Notwithstanding any provisions of law to the contrary, the dormitory authority and the board of education are hereby authorized and empowered to perform any and all acts and to enter into any and all agreements necessary or desirable to effectuate the purposes of this subdivision.

Source: Section 2512 — Buildings and sites, https://www.­nysenate.­gov/legislation/laws/EDN/2512 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 2512’s source at nysenate​.gov

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