Provides that the provision of school age child care in school buildings shall primarily be subject to the regulations of the commissioner of education

6 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Leroy Comrie
• Martin J. Golden
• Jesse Hamilton
• Terrence P. Murphy

BILL NUMBER:S5627

Title of bill

An act to amend the education law, in relation to the use of school buildings for school age child care

Purpose

This bill provides that the provision of school age child care in public school buildings shall primarily be subject to the regulations of the commissioner of education.

Summary of provisions

Section 1 of the bill adds a new subdivision 3 to section 409 of the Education Law to preempt any contradictory regulations promulgated by another state agency, relating to the use of a school building by a registered third party providing school aged child care as defined in subparagraph (f) of subdivision one of section 390 of the social service law.

Section 2 is the enacting clause.

Justification

All youth deserve access to high-quality afterschool programs. The State School-Age Child Care (SACC) regulations seek to ensure the basic health and safety of children in child care and to promote their positive development. Unfortunately, afterschool programs are challenged in their efforts to meet those licensing requirements and, in many ways, the regulations create barriers to high-quality programming.

SACC regulations are sometimes inconsistent with school building requirements. As a result, afterschool programs operating in school buildings are then penalized for issues outside of their control - issues that haven't been shown to pose any additional threat to students after the school day ends. School buildings that are deemed safe for students from 8 am to 3 pm should be deemed safe for students from 3 pm to 6 pm.

A school building is the responsibility of the school district that owns it, however, afterschool providers are made responsible for resolving those instances in which the building is out of compliance with the SACC regulations. The time that program staff spends trying to get schools to update buildings is time that could have been spent on developing high-quality programming and staff training. Putting the staff in the uncomfortable position of asking the school administrator to bring the school into compliance with SACC regulations strains their relationship with the school.

For example, an afterschool program is held responsible for taking down posters on the walls put up by teachers in their own classrooms because these posters are considered a fire hazard in the afterschool program based on the SACC regulations. School administrators do not consider these posters a fire hazard - in fact they actively encourage them during the school day - so they should not be considered a hazard afterschool. This has led to tensions between the program and teachers, and in some cases has resulted in teachers prohibiting the afterschool program from using their classrooms during afterschool hours because they do not want their posters moved.

This bill offers a common sense solution to these issues Keep and respect the SACC regulations, waving only those that affect the physical plant.

LEGISLATIVE HISTORY:. None

Fiscal implications

Minimal

Local fiscal implications

None

Effective date

This act shall take effect immediately.