Bill Text: NY S04465 | 2011-2012 | General Assembly | Amended

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

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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) 2012-05-22 - PRINT NUMBER 4465A [S04465 Detail]

Download: New_York-2011-S04465-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4465--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 6, 2011
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education  --  recommitted
         to the Committee on Education in accordance with Senate Rule 6, sec. 8
         --  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 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  THIR-
   12  TEEN--TWO   THOUSAND   FOURTEEN   SCHOOL   YEAR   OR  THE  TWO  THOUSAND
   13  FOURTEEN--TWO THOUSAND FIFTEEN 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.
                                                                  LBD09095-07-2
       S. 4465--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 THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
    4  YEAR  OR  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
    5  SHALL ONLY REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY  IN
    6  ORDER 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  amended by chapter 345 of the laws of 2009, is amended to read
    9  as 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  THIRTEEN--TWO  THOUSAND  FOURTEEN
   17  SCHOOL  YEAR  OR  THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 FOURTEEN.
   34    S 4. This act shall take effect immediately; provided that the  amend-
   35  ments  made  to  sections  2590-h  and  2590-g  of  the education law by
   36  sections one and two of this act shall not affect the expiration of such
   37  sections pursuant to chapter 345 of the laws of 2009  and  shall  expire
   38  and be deemed repealed therewith.