N.Y. Education Law Section 403-B
Leasing of school buildings and facilities

1.

The board of education of any union free or central school district is hereby authorized to enter into a lease with any other union free or central school district providing for the use and occupancy by any such school district of a school building, or a portion thereof, owned by such other school district, provided such lessee school district is within a reasonable distance, as determined by the commissioner, from the lessor school district, subject to the conditions set forth in this subdivision. The board of education of any union free or central school district is hereby authorized to enter into a lease with any person, partnership or corporation for use and occupancy of a building or facility, or a portion thereof, owned by such person, partnership, or corporation for use as a school facility provided that such building or facility is located within the school district and subject to the conditions set forth in this subdivision.

a.

No such lease shall be for a period of more than five years, except that the term of such a lease may exceed five years if the approval of the voters of the school district which will become the lessee is obtained before the lease is executed. Notwithstanding any other provision of this section to the contrary, the initial term of such a lease, not including any renewals thereof, may not exceed the period of probable usefulness that would be prescribed for such building or facilities by the local finance law if the building or facility were owned by a school district.

b.

The approval of the voters of the school district which will become the lessee shall be obtained for any capital project to be undertaken in a leased building or facility during the term of the lease, provided however that any such capital project shall be subject to the prior approval of the commissioner and shall only be approved where the commissioner finds that the need for such project has been established to the commissioner’s satisfaction.

c.

Such lease shall not become effective until the commissioner shall have approved the same. In approving such leases, the commissioner shall determine:

(i)

that the leased facility meets all applicable standards for the health, safety and comfort of occupants;

(ii)

that the leased facility is educationally adequate as determined by the commissioner for new construction or rehabilitation, and

(iii)

that district has a current five-year facilities plan, or other long-range facilities plan as applicable, that is consistent with the regulations of the commissioner, and includes the proposed lease as well as all other planned acquisitions, disposals and leasing of buildings or facilities for school purposes during the period of the plan.

d.

Any such lease may be renewed, provided however that the approval of the voters of the school district which will become the lessee shall be obtained before such renewal is executed.

e.

To be eligible for aid pursuant to subdivision six of § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this chapter, such leased school or facility shall meet requirements for access by individuals with disabilities to both facilities and programs, as defined in regulations of the commissioner, and the leased space shall be used to house programs for pupils in grades prekindergarten through twelve, other than programs funded pursuant to § 4410 (Special education services and programs for preschool children with disabilities)section forty-four hundred ten of this chapter, with minimal associated administrative and support services space as approved by the commissioner.

f.

The term “lease”, as used in this section, shall not include a lease with an option to purchase. Any lease entered pursuant to this section shall include a provision that the lease shall be void and unenforceable if entered into in violation of section eight hundred one of the general municipal law or § 410 (Officials not to be interested in sales, leases or contracts)section four hundred ten of this chapter.

2.

Any union free or central school district which shall have leased a school building from another school district or from a person, partnership or corporation pursuant to the provisions of this section is hereby authorized to operate and conduct school in such building in all respects as though such school building were owned by and located within the boundaries of such school district. The average daily attendance of pupils attending such school shall be included in the average daily attendance of such lessee district as certified to the commissioner in the report of the board of education.

3.

A school district providing transportation between a school building leased from another district and the homes of the children attending such school shall be entitled to transportation aid as though such school were located within the lessee school district.

Source: Section 403-B — Leasing of school buildings and facilities, https://www.­nysenate.­gov/legislation/laws/EDN/403-B (updated Sep. 22, 2014; accessed Dec. 21, 2024).

401
Sites 402
Sale of former schoolhouse or site 402‑A
Procedures for closing a school building 403
Application of proceeds of sale 403‑A
Leasing of school property 403‑B
Leasing of school buildings and facilities 404
Acquisition of real property 405
Conveyance of property to public corporations 406
Vesting of title of lands in certain cases 407
Application to certain districts 407‑A
Authorization for dormitory authority financing of capital facilities for special act school districts 407‑B
Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students 408
Plans and specifications of school buildings must be approved by commissioner of education 408‑A
Plans and specifications for construction of new school buildings 408‑B
Submitting plans and specifications of school buildings with local fire and law enforcement officials 409
School building regulations in relation to health and safety 409‑A
Eye safety devices for certain students and teachers 409‑B
Use of mercury vapor or metal halide lamps within school buildings 409‑C
Athletic safety equipment 409‑D
Comprehensive public school building safety program 409‑E
Uniform code of public school buildings inspection, safety rating and monitoring 409‑F
Electrically operated partition and door safety 409‑G
Purchase and use of paradichlorobenzene deodorizers 409‑H
Requirements for notification of pesticide applications 409‑I
Procurement and use of environmentally-sensitive cleaning and maintenance products 409‑J
Emergency alert notification system in public schools 409‑K
Pesticide alternatives 409‑L
Posting child abuse hotline telephone number 409‑M
Gender neutral single-occupancy bathroom facilities 410
Officials not to be interested in sales, leases or contracts 412
Condemnation of schoolhouse and erection of new schoolhouse in place thereof 413
Use of school buildings for examinations 414
Use of schoolhouse and grounds 415
No schoolhouse shall be built on town line 416
School taxes and school bonds 417
Allocation of moneys by regents for extraordinary relief to school districts 418
Purchase and display of flag 419
Display of flags in assembly rooms 419‑A
Display of flags in classrooms 420
Rules and regulations
Green check means up to date. Up to date

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 403-B’s source at nysenate​.gov

Link Style