Bill Text: NY S00669 | 2013-2014 | General Assembly | Amended

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Bill Title: Imposes a moratorium on the initiation of school closings in cities with a population of one million or more.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO EDUCATION [S00669 Detail]

Download: New_York-2013-S00669-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        669--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. AVELLA, HASSELL-THOMPSON, PARKER -- 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 committee
       AN ACT to amend the education law, in relation to imposing a  moratorium
         on  the  initiation  of school closings in cities with a population of
         one million or more
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Paragraphs  (a)  and  (f) of subdivision 2-a of section
    2  2590-h of the education law, as added by chapter  345  of  the  laws  of
    3  2009, are amended to read as follows:
    4    (a)  Notwithstanding  any  other provision to the contrary, prepare an
    5  educational impact statement regarding any proposed  school  closing  or
    6  significant change in school utilization, including the phase-out, grade
    7  reconfiguration,  re-siting,  or  co-location of schools, for any public
    8  school located within the city district; PROVIDED HOWEVER THAT THE CHAN-
    9  CELLOR SHALL NOT BE AUTHORIZED TO PREPARE OR FILE AN EDUCATIONAL  IMPACT
   10  STATEMENT  FOR  ANY  PROPOSED  SCHOOL  CLOSING,  SCHOOL PHASE-OUT, GRADE
   11  RECONFIGURATION, RE-SITING OR CO-LOCATION OF  SCHOOLS  THAT  WOULD  TAKE
   12  EFFECT  DURING  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
   13  YEAR OR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.
   14    (f) In the event that the chancellor determines that a school  closing
   15  or significant change in school utilization is immediately necessary for
   16  the preservation of student health, safety or general welfare, the chan-
   17  cellor  may  temporarily  close  a  public school or adopt a significant
   18  change in the school's utilization on an emergency basis. Such emergency
   19  school closing or significant change in school  utilization  shall  only
   20  remain  in  effect for six months, during such time the chancellor shall
   21  comply with the requirements of  this  subdivision  in  order  for  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03422-02-3
       S. 669--A                           2
    1  school  closure  or  significant  change in school utilization to extend
    2  beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING
    3  OCCURRING  DURING THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
    4  YEAR OR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR SHALL
    5  ONLY  REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY IN ORDER
    6  TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
    7    S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
    8  law, as added by chapter 345 of the laws of 2009, is amended to read  as
    9  follows:
   10    (h)  approve  proposals for all school closures or significant changes
   11  in school utilization including the  phase-out,  grade  reconfiguration,
   12  re-siting,  or co-location of schools, following any hearing pursuant to
   13  subdivision two-a of section twenty-five hundred ninety-h of this  arti-
   14  cle;  PROVIDED  THAT THE CITY BOARD SHALL NOT APPROVE ANY PROPOSAL FOR A
   15  SCHOOL CLOSING, SCHOOL PHASE-OUT, OR GRADE  RECONFIGURATION  THAT  WOULD
   16  TAKE  EFFECT  DURING  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN
   17  SCHOOL YEAR OR THE TWO THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL
   18  YEAR.
   19    S  3.  Section  305  of  the  education law is amended by adding a new
   20  subdivision 43 to read as follows:
   21    43. THE COMMISSIONER SHALL ESTABLISH A SCHOOL CLOSURE  EVALUATION  AND
   22  REVIEW  COMMITTEE, WHICH SHALL REVIEW THE IMPACTS RELATING TO THE NUMBER
   23  OF LOW-PERFORMING SCHOOLS THAT HAVE  BEEN  CLOSED  IN  THE  CITY  SCHOOL
   24  DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS INCLUDING,
   25  BUT  NOT  LIMITED  TO,  THE IMPACT TO STUDENT EDUCATIONAL EXPERIENCE AND
   26  ACHIEVEMENT, AND SHALL ALSO CONSIDER WHETHER ALTERNATIVE POLICIES  WOULD
   27  HAVE  A MORE POSITIVE IMPACT ON STUDENT ACHIEVEMENT. THE COMMITTEE SHALL
   28  INCLUDE, BUT NOT BE  LIMITED  TO,  ACADEMICIANS  WHO  STUDY  EDUCATIONAL
   29  OUTCOMES, PSYCHOMETRICIANS AND EDUCATION POLICY EXPERTS. THE COMMISSION-
   30  ER SHALL REPORT THE COMMITTEE'S FINDINGS TO THE CHAIRS OF THE SENATE AND
   31  ASSEMBLY EDUCATION COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
   32  TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
   33  SEPTEMBER THIRTIETH, TWO THOUSAND FIFTEEN.
   34    S  4. This act shall take effect immediately; provided that the amend-
   35  ments to sections 2590-h  and  2590-g  of  the  education  law  made  by
   36  sections one and two of this act shall not affect the expiration of such
   37  sections pursuant to chapter 91 of the laws of 2002 and shall expire and
   38  be deemed repealed therewith.