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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          669
                              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
       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 amended 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,  OR  GRADE
   11  RECONFIGURATION  THAT  WOULD  TAKE  EFFECT DURING THE TWO THOUSAND FOUR-
   12  TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR OR THE TWO THOUSAND  FIFTEEN--TWO
   13  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
   22  school closure or significant change in  school  utilization  to  extend
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03422-01-3
       S. 669                              2
    1  beyond  the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL CLOSING
    2  OCCURRING DURING THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN  SCHOOL
    3  YEAR OR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR SHALL
    4  ONLY  REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY IN ORDER
    5  TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
    6    S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
    7  law, as added by chapter 345 of the laws of 2009, is amended to read  as
    8  follows:
    9    (h)  approve  proposals for all school closures or significant changes
   10  in school utilization including the  phase-out,  grade  reconfiguration,
   11  re-siting,  or co-location of schools, following any hearing pursuant to
   12  subdivision two-a of section twenty-five hundred ninety-h of this  arti-
   13  cle;  PROVIDED  THAT THE CITY BOARD SHALL NOT APPROVE ANY PROPOSAL FOR A
   14  SCHOOL CLOSING, SCHOOL PHASE-OUT, OR GRADE  RECONFIGURATION  THAT  WOULD
   15  TAKE  EFFECT  DURING  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN
   16  SCHOOL YEAR OR THE TWO THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL
   17  YEAR.
   18    S  3.  Section  305  of  the  education law is amended by adding a new
   19  subdivision 43 to read as follows:
   20    43. THE COMMISSIONER SHALL ESTABLISH A SCHOOL CLOSURE  EVALUATION  AND
   21  REVIEW  COMMITTEE, WHICH SHALL REVIEW THE IMPACTS RELATING TO THE NUMBER
   22  OF LOW-PERFORMING SCHOOLS THAT HAVE  BEEN  CLOSED  IN  THE  CITY  SCHOOL
   23  DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS INCLUDING,
   24  BUT  NOT  LIMITED  TO,  THE IMPACT TO STUDENT EDUCATIONAL EXPERIENCE AND
   25  ACHIEVEMENT, AND SHALL ALSO CONSIDER WHETHER ALTERNATIVE POLICIES  WOULD
   26  HAVE  A MORE POSITIVE IMPACT ON STUDENT ACHIEVEMENT. THE COMMITTEE SHALL
   27  INCLUDE, BUT NOT BE  LIMITED  TO,  ACADEMICIANS  WHO  STUDY  EDUCATIONAL
   28  OUTCOMES, PSYCHOMETRICIANS AND EDUCATION POLICY EXPERTS. THE COMMISSION-
   29  ER SHALL REPORT THE COMMITTEE'S FINDINGS TO THE CHAIRS OF THE SENATE AND
   30  ASSEMBLY EDUCATION COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
   31  TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
   32  SEPTEMBER THIRTIETH, TWO THOUSAND FIFTEEN.
   33    S  4. This act shall take effect immediately; provided that the amend-
   34  ments made to sections  2590-h  and  2590-g  of  the  education  law  by
   35  sections one and two of this act shall not affect the expiration of such
   36  sections pursuant to chapter 91 of the laws of 2002 and shall expire and
   37  be deemed repealed therewith.