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STATUS:
S6087-A GOLDEN No Same as
Education Law
TITLE….Authorizes the use of school buildings and school sites for religious
meetings and worship when not in use for school purposes
______________________________________________________________________________
SUMMARY:
GOLDEN, DeFRANCISCO, DIAZ, DILAN, ESPAILLAT, GALLIVAN, GRIFFO, GRISANTI,
KENNEDY, LANZA, LARKIN, LIBOUS, MARTINS, MAZIARZ, O’MARA, PARKER, RANZENHOFER,
RITCHIE, RIVERA, ROBACH, SAMPSON, SMITH, ZELDIN
Amd S414, Ed L
Authorizes the use of school buildings and school sites for religious meetings
and worship when not in use for school purposes or when such service or worship
is deemed not disruptive of normal school operations.
____________________________________________________________________________
BILL TEXT:
STATE OF NEW YORK
____________________________________________________________________________
6087–A
IN SENATE
(Prefiled)
January 4,
2012
___________
Introduced by Sens. GOLDEN,
DeFRANCISCO, DIAZ, GALLIVAN, GRIFFO, GRISAN-
TI,
KENNEDY, LANZA, LIBOUS, MAZIARZ,
O’MARA, RIVERA, SAMPSON, SMITH,
ZELDIN — read twice and ordered printed,
and when printed
to be
committed to the Committee on Education — committee
discharged, bill
amended, ordered reprinted as amended
and recommitted to said commit-
tee
AN
ACT to amend the education law, in relation to authorizing religious
meetings and worship in school
buildings and school sites
The People of the State of New
York, represented in Senate and Assem-
bly, do enact as follows:
1
Section 1. The opening paragraph and paragraph (c) of subdivision 1 of
2
section 414 of the
education law, the opening paragraph as amended by
3
chapter 369 of the laws of 1977 and paragraph (c) as amended by chapter
4
345 of the laws of 2009, are amended and a new subdivision 3 is added to
5
read as follows:
6
Schoolhouses and the
grounds connected therewith and all property
7
belonging to the district shall be in the custody and under the control
8
and supervision of the trustees or board of education of the
district.
9
The trustees or board of education, or in the
city of New
York the
10 community school board, may adopt reasonable
regulations for the use of
11
such schoolhouses, grounds or other property, all portions thereof, when
12
not in use for school purposes or when the school is in use for
school
13 purposes if
in the opinion of the trustees or board of education
use
14
will not be disruptive of
normal school operations,
for such other
15
public purposes as are herein provided[; except, however, in the
city of
16 New
York each community school board shall be authorized to prohibit any
17 use of
schoolhouses and school grounds within its district which would
18 otherwise]. Such regu-
be permitted under the provisions of this section
19 lations
shall provide for the safety and
security of the
pupils and
20
shall not conflict with the provisions of this chapter and shall conform
21
to the purposes
and intent of
this section and shall be subject to
22
review on appeal to the commissioner of education as provided
by law.
23
The trustees or
board of education of each district may, subject to
EXPLANATION–Matter in italics
(underscored) is new; matter in brackets
[ ]
is old law to be omitted.
LBD13680-02-2
S. 6087–A 2
1
regulations adopted as above provided, permit the use of the schoolhouse
2
and rooms therein, and the grounds and other property of the
district,
3
when not in
use for school purposes or when
the school is in use for
4
school purposes if in the opinion
of the trustees or board of education
5
use will not be disruptive of normal school operations, for any of the
6
following purposes:
7
(c) For holding social, civic, religious and recreational
meetings and
8
entertainments, and other uses pertaining to the welfare of the communi-
9
ty; but such meetings, entertainment and uses shall be non-exclusive and
10
shall be open to the general public. Civic meetings
shall include, but
11
not be limited to, meetings of parent
associations and parent-teacher
12
associations.
13 3.
Nothing in this section shall authorize the trustees or
board of
14 education
of the district to adopt or interpret regulations for the use
15 of schoolhouses, grounds or other property,
pursuant to subdivision one
16 of
this section, that would result in the
exclusion or limitation
of
17 speech, during
non school hours, even where students may be present,
18 including
speech that expresses religious conduct or discusses subjects
19 from
a religious viewpoint.
20
§ 2. This act shall take effect immediately.
____________________________________________________________________________
SPONSORS MEMO:
NEW
YORK STATE SENATE
INTRODUCER’S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL
NUMBER: S6087A
SPONSOR:
GOLDEN
TITLE
OF BILL:
An
act to amend the education law, in relation to authorizing religious
meetings
and worship in school buildings and school sites
PURPOSE
OR GENERAL IDEA OF BILL:
The
purpose of the bill is to authorize the use of school buildings and
school
sites for religious meetings and worship when not in use for
school
purposes.
SUMMARY
OF SPECIFIC PROVISIONS:
Section
1 amends the opening paragraph and paragraph (c) of subdivision
1
of section 414 of the education law, the opening paragraph as amended
by
chapter 369 of the laws of 1977 and paragraph (c) as amended by chap-
ter
345 of the laws of 2009, are amended to include:
The
City of New York and community school boards and;
A
provision that prohibits the adoption of restrictions to exclude or
limit
speech, during non-school hours, including speech that expresses
religious
conduct or viewpoints.
JUSTIFICATION:
This
bill would prevent school districts from excluding groups from
meeting
on school property because of the religious content or viewpoint
of
their speech, including allowing religious worship services.
Currently,
State Education Law allows for social, civic and recreational
meetings
and entertainment on school property, as well as other uses
pertaining
to the welfare of the community. State law further holds that
such
meetings, entertainment and uses shall be nonexclusive and shall be
open
to the general public. However, certain groups or organizations are
not
always allowed to hold the types of meetings seemingly envisioned
herein,
including those with religious content or viewpoints.
For
example, several years ago, a U.S. Appeals Court ruled that the
Bronx
Household of Faith church (“Bronx Household”), based in New York
city,
was not permitted to use space in a Bronx public middle school for
its
Sunday morning worship service. Since then, however, the United
States
Supreme Court ruled in Good News Club vs. Milford Central School
that
it was unconstitutional for a public school district in upstate New
York
to exclude from its facilities “a private Christian organization
for
children, and the Supreme Court further held in the Good News Club
case
that “by denying the club access to the school’s limited public
forum
on the ground that the club was religious in nature, Milford
discriminated
against the club because of its religious viewpoint in
violation
of the free speech clause.
In
light of Milford, Bronx Household re-petitioned the U.s. appeals
court,
which again upheld the school’s policy banning the use of its
space
for religious worship services, reasoning that “While the conduct
of
religious services undoubtedly includes expressions of a religious
point
of view, it is not the expression of that point of view that is
prohibited
by the rule. Prayer, religious expression of devotion to God,
and
the singing of hymns, whether done by a person or group, do not
constitute
the conduct of worship services. These activities are not
excluded. Groups like Bronx Household should be allowed
to hold and
conduct
such meetings, even in the event that such meetings include
religious
content or views in their speech, so long as these meetings
are
open to the general public. Some school districts have excluded
groups
and have thereby acted to regulate free speech and the conduct of
such
members of the public, potentially in violation of the First Amend-
ment
to the Constitution of the united States. This bill seeks to
protect
such organizations from these actions.
PRIOR
LEGISLATIVE HISTORY:
(Unknown)
FISCAL
IMPLICATIONS:
None
to the state.
EFFECTIVE
DATE:
This
act shall take effect immediately.
______________________________________________________________________________
01/04/12 |
REFERRED TO EDUCATION |
|
01/13/12 |
AMEND AND RECOMMIT TO EDUCATION |
|
01/13/12 |
PRINT NUMBER 6087A |
|
01/24/12 |
1ST REPORT CAL.126 |