New York Education Code § 2556

Buildings, sites, et cetera
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§ 2556. Buildings, sites, et cetera. 1. A board of education is\nauthorized and it shall have power to purchase, repair, remodel, improve\nor enlarge school buildings or other buildings or sites, and to\nconstruct new buildings, subject to such limitations and restrictions\nand exceptions as are herein provided.\n  2. Whenever in the judgment of a board of education it is necessary to\nselect a new site, or to enlarge a present site, or to designate a\nplayground or recreation center, or to acquire title to or lease real\nproperty for other educational purposes authorized by this chapter, such\nboard may take options on property desirable for such purposes but\nbefore taking title thereto shall pass a resolution stating the\nnecessity therefor, describing by metes and bounds the grounds or\nterritory desired for each of such purposes, and estimating the amount\nof funds necessary therefor. An item for such amount, if funds are not\navailable for the purchase or lease of such property, may be included in\nthe next annual budget, if not included in a special budget as herein\nprovided.\n  3. Whenever in the judgment of a board of education the needs of the\ncity require a new building for school purposes or for recreation or\nother educational purposes authorized by this chapter, or when in its\njudgment a building should be remodelled or enlarged, such board shall\npass a resolution specifying in detail the necessity therefor and\nestimating the amount of funds necessary for such purpose. An item for\nsuch amount, if funds are not available for the construction of such\nbuilding, may be included in the next annual budget, if not included in\na special budget as herein provided.\n  4. No site shall be designated except upon a majority vote of a board\nof education and no building shall be constructed, remodelled or\nenlarged until the plans and specifications therefor are approved by the\nboard of education.\n  5. It shall be unlawful for a schoolhouse to be constructed in the\ncity of New York without an open-air playground attached to or used in\nconnection with the same. Existing playgrounds shall not be sold, leased\nor transferred, or permanently authorized for other uses such as school\nbuilding construction, renovation, placement or storage of building\nmaterials for such work that would eliminate the use of such playground\nspace for outdoor recreational activities unless a plan is established\nand implemented to provide suitable and adequate physical activities or\nspace to accommodate the physical and recreational needs of the pupils\nof such building. The provisions of this subdivision shall not apply to\nschool construction or renovation activities that occur on or require\nthe use of such playgrounds for a duration of no more than one year.\n  * 5-a. (a) Notwithstanding subdivision three-a of section four hundred\neight of this chapter, it shall be unlawful for a new schoolhouse to be\nconstructed in the city of New York within five hundred feet of a\ncontrolled-access highway unless (i) the president of the New York city\nschool construction authority determines that there is no other\nappropriate site to erect such schoolhouse; (ii) if such schoolhouse is\nplanned to contain a secondary school, the community district, as such\nterm is defined in section twenty-five hundred ninety-a of this title,\nin which the site of such schoolhouse is to be located has a projected\nenrollment rate for secondary school education greater than seventy\npercent of its capacity, based on the most recent report issued pursuant\nto section 21-988 of the administrative code of the city of New York;\n(iii) if such schoolhouse is planned to contain an elementary school or\na middle school, the subdistrict, as such term is defined in section\n21-989 of the administrative code of the city of New York, in which the\nsite of such schoolhouse is to be located has a projected enrollment\nrate for elementary school education or middle school ed

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