New York Laws
Article 9 - School Buildings and Sites
403-B - Leasing of School Buildings and Facilities.

§ 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 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 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 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.