|SAME AS||SAME AS S02629-A|
|COSPNSR||Simon, Benedetto, De Los Santos|
|Amd §§2814 & 3602, Ed L|
|Enacts the safe schools by design act; directs the use of design principles and strategies, pursuant to guidance issued by the commissioner of education, as part of a comprehensive approach to provide a safe, secure and healthy school environment.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A286A SPONSOR: Paulin
TITLE OF BILL: An act to amend the education law, in relation to enacting the "safe schools by design act"   PURPOSE: To require school districts to consider the incorporation of design principles and strategies as part of an effort to foster a safe, heal- thy, and secure environment.   SUMMARY OF PROVISIONS: Section one provides the title "Safe Schools by Design Act". Section two amends subdivision 6 of section 3602 of the education law which requires that school districts consider the incorporation of design principles and strategies, pursuant to guidance issued by the commissioner of education, in their five-year capital plan as part of a comprehensive approach to providing a healthy, secure, and safe school environment. Section three amends paragraph (a) of subdivision 1 of section 2814 of the education law to include programs which facilitate and promote community involvement in school facility planning to eligible uses for Extended Day/School Violence Prevention Grants. Section four is the effective date.   JUSTIFICATION: New York State supports pursuing measures to enhance school safety and provide a safe and supportive learning environment. While these measures help, a design centric approach should be used in addition to existing programs. Requiring school districts to consider the incorporation of design principles and strategies in their five-year capital plan will ensure that valuable school safety measures are incorporated into school design or rehabilitation to help foster a safe, secure, and healthy school environment.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A.823 amended and referred to education /S.6338 referred to education 2019-2020: A.10014, referred to education   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect eighteen months after it shall have become a law. Effective immediately, the addition, amendment, and/ or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 286--A 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. PAULIN, SIMON -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to enacting the "safe schools by design act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "safe schools by design act". 3 § 2. The opening paragraph of subdivision 6 of section 3602 of the 4 education law, as amended by chapter 355 of the laws of 2016, is amended 5 to read as follows: 6 Any apportionment to a school district pursuant to this subdivision 7 shall be based upon base year approved expenditures for capital outlays 8 incurred prior to July first, two thousand one from its general fund, 9 capital fund or reserved funds and current year approved expenditures 10 for debt service, including debt service for refunding bond issues 11 eligible for an apportionment pursuant to paragraph g of this subdivi- 12 sion and lease or other annual payments to the New York city educational 13 construction fund created by article ten of this chapter or the city of 14 Yonkers educational construction fund created by article ten-B of this 15 chapter which have been pledged to secure the payment of bonds, notes or 16 other obligations issued by the fund to finance the construction, acqui- 17 sition, reconstruction, rehabilitation or improvement of the school 18 portion of combined occupancy structures, or for lease or other annual 19 payments to the New York state urban development corporation created by 20 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 21 eight, pursuant to agreement between such school district and such 22 corporation relating to the construction, acquisition, reconstruction, 23 rehabilitation or improvement of any school building, or for annual 24 payments to the dormitory authority pursuant to any lease, sublease or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00492-02-3A. 286--A 2 1 other agreement relating to the financing, refinancing, acquisition, 2 design, construction, reconstruction, rehabilitation, improvement, 3 furnishing and equipping of, or otherwise provide for school district 4 capital facilities or school district capital equipment made under the 5 provisions of section sixteen hundred eighty of the public authorities 6 law, or for annual payments pursuant to any lease, sublease or other 7 agreement relating to the financing, refinancing, acquisition, design, 8 construction, reconstruction, rehabilitation, improvement, furnishing 9 and equipping of, or otherwise providing for educational facilities of a 10 city school district under the provisions of section sixteen of chapter 11 six hundred five of the laws of two thousand, or for payments, pursuant 12 to any assignment authorized by section twenty-seven hundred ninety- 13 nine-tt of the public authorities law, of debt service in furtherance of 14 funding the five-year educational facilities capital plan of the city of 15 New York school district or related debt service costs and expenses as 16 set forth in such section, for annual payments pursuant to any lease, 17 sublease or other agreement relating to the financing, refinancing, 18 design, reconstruction, rehabilitation, improvement, furnishing and 19 equipping of, or otherwise providing for projects authorized pursuant to 20 the city of Syracuse and the board of education of the city school 21 district of the city of Syracuse cooperative school reconstruction act, 22 for annual payments pursuant to any lease, sublease or other agreement 23 relating to the financing, refinancing, design, reconstruction, rehabil- 24 itation, improvement, furnishing and equipping of, or otherwise provid- 25 ing for projects authorized pursuant to the city of Rochester and the 26 board of education of the city school district of the city of Rochester 27 school facilities modernization program act, for annual payments pursu- 28 ant to any lease, sublease or other agreement relating to the financing, 29 refinancing, design, construction, reconstruction, rehabilitation, 30 improvement, furnishing and equipping of, or otherwise providing for 31 projects authorized pursuant to the Yonkers city school district facili- 32 ties modernization program act, or for lease, lease-purchase or other 33 annual payments to another school district or person, partnership or 34 corporation pursuant to an agreement made under the provisions of 35 section four hundred three-b, subdivision eight of section twenty-five 36 hundred three, or subdivision six of section twenty-five hundred fifty- 37 four of this chapter, provided that the apportionment for such lease or 38 other annual payments under the provisions of section four hundred 39 three-b, subdivision eight of section twenty-five hundred three, or 40 subdivision six of section twenty-five hundred fifty-four of this chap- 41 ter, other than payments under a lease-purchase agreement or an equiv- 42 alent agreement, shall be based upon approved expenditures in the 43 current year. Approved expenditures for capital outlays from a school 44 district's general fund, capital fund or reserved funds that are 45 incurred on or after July first, two thousand two, and are not aidable 46 pursuant to subdivision six-f of this section, shall be aidable as debt 47 service under an assumed amortization established pursuant to paragraphs 48 e and j of this subdivision. In any such case approved expenditures 49 shall be only for new construction, reconstruction, purchase of existing 50 structures, for site purchase and improvement, for new garages, for 51 original equipment, furnishings, machinery, or apparatus, and for 52 professional fees and other costs incidental to such construction or 53 reconstruction, or purchase of existing structures. In the case of a 54 lease or lease-purchase agreement entered pursuant to section four 55 hundred three-b, subdivision eight of section twenty-five hundred three 56 or subdivision six of section twenty-five hundred fifty-four of thisA. 286--A 3 1 chapter, approved expenditures for the lease or other annual payments 2 shall not include the costs of heat, electricity, water or other utili- 3 ties or the costs of operation or maintenance of the leased facility. An 4 apportionment shall be available pursuant to this subdivision for 5 construction, reconstruction, rehabilitation or improvement in a build- 6 ing, or portion thereof, being leased by a school district only if the 7 lease is for a term of at least ten years subsequent to the date of the 8 general construction contract for such construction, reconstruction, 9 rehabilitation or improvement. Each school district shall prepare a five 10 year capital facilities plan, pursuant to regulations developed by the 11 commissioner for such purpose, provided that in the case of a city 12 school district in a city having a population of one million inhabitants 13 or more, such facilities plan shall comply with the provisions of 14 section twenty-five hundred ninety-p of this chapter and this subdivi- 15 sion. Such plan shall include, but not be limited to, a building inven- 16 tory, and estimated expense of facility needs, for new construction, 17 additions, alterations, reconstruction, major repairs, energy consump- 18 tion and maintenance by school building, as appropriate. Such plan shall 19 consider the incorporation of design principles and strategies, pursuant 20 to guidance issued by the commissioner, as part of a comprehensive 21 approach to provide a safe, secure and healthy school environment. Such 22 five year plan shall include a priority ranking of projects and shall be 23 amended if necessary to reflect subsequent on-site evaluations of facil- 24 ities conducted by state supported contractors. 25 § 3. Paragraph a of subdivision 1 of section 2814 of the education 26 law, as added by chapter 181 of the laws of 2000, is amended to read as 27 follows: 28 a. School safety activities. Programs eligible for funding pursuant to 29 this section may include, but not be limited to: (i) safe corridors 30 programs; (ii) diversity programs; (iii) collaborative school safety 31 programs with law enforcement agencies or community-based organizations; 32 (iv) metal detectors, intercom and other intra-school communication 33 devices and other devices to increase school security and the safety of 34 school personnel and students; (v) programs which facilitate and promote 35 community involvement in school facility planning; and (vi) other 36 programs including comprehensive school-based intervention models, 37 approved by the commissioner, that reduce violence and improve school 38 safety. Comprehensive school based intervention models shall coordinate 39 with and collaborate with other services currently being provided in the 40 school district, incorporate appropriate school violence prevention and 41 intervention services, and coordinate appropriate funding sources to 42 ensure the efficient delivery of services. Such comprehensive school- 43 based intervention models shall also include provisions for the involve- 44 ment of teachers, parents, school administrators in the development and 45 implementation of the program, a detailed statement identifying specific 46 performance goals, a proposed timetable for implementation and achieve- 47 ment of such goals and specific assessment methods which will be used to 48 measure student and school progress. 49 § 4. This act shall take effect eighteen months after it shall have 50 become a law. Effective immediately, the addition, amendment, and/or 51 repeal of any rule or regulation necessary for the implementation of 52 this act on its effective date are authorized to be made and completed 53 on or before such effective date.