senate Bill S669

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 21 / Feb / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 21 / Feb / 2013
    • PRINT NUMBER 669A
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

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

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Bill Details

Versions:
S669
S669A
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง2590-h, 2590-g & 305, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A6158, A6158B, S4465A

Sponsor Memo

BILL NUMBER:S669

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a moratorium on the
initiation of any proposed school closing or significant change in
school utilization.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. reads as follows: Notwithstanding any inconsistent
provision of the education law or any other law to the contrary,
there is hereby established a moratorium on the initiation of any
proposed school closing, including a phase-out plan or grade
reconfiguration, for any public school located within such city
school district.

Section 2 of the bill amends paragraph (h) of subdivision 1 of section
2590-g of the education law, as amended by chapter 345 of the laws of
2009, to state that the city board shall not approve any proposal for
a school closing, school phase-out, or grade reconfiguration that
would take effect during the two thousand thirteen-two thousand
fourteen school year or the two thousand fourteen-two thousand
fifteen school year.

Section 3 of the bill would create a School Closure Evaluation and
Review Committee.

JUSTIFICATION:

During the last two years, there has been an explosion of school
closures in New York City.
However, it is not clear that the academic performance of the students
who are adversely impacted or dispersed by a school closure have
measurably improved. Similarly, there is limited evidence that
replacement schools perform any better than those that have been
closed.

In the view of many education professionals, efforts to enhance
student performance requires comprehensive academic intervention and
not simply a shut-down strategy most commonly found in the consumer
retail market.
A one-year moratorium will provide the legislature and the State
Education Department with the time to evaluate the effectiveness of
the aggressive school closure practices of the NYC Department of
Education, and determine the best course of action to meet the
educational needs of public school students.

PRIOR LEGISLATIVE HISTORY:


2011-12: S.4465-A/A.6158-B (Jeffries)

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed one year after
such effective date.

view bill text
                    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:

  Section 1.   Paragraphs (a) and (f)  of  subdivision  2-a  of  section
2590-h  of  the  education law, as amended by chapter 345 of the laws of
2009, are amended to read as follows:
  (a) Notwithstanding any other provision to the  contrary,  prepare  an
educational  impact  statement  regarding any proposed school closing or
significant change in school utilization, including the phase-out, grade
reconfiguration, re-siting, or co-location of schools,  for  any  public
school located within the city district; PROVIDED HOWEVER THAT THE CHAN-
CELLOR  SHALL NOT BE AUTHORIZED TO PREPARE OR FILE AN EDUCATIONAL IMPACT
STATEMENT FOR ANY PROPOSED SCHOOL CLOSING, SCHOOL  PHASE-OUT,  OR  GRADE
RECONFIGURATION  THAT  WOULD  TAKE  EFFECT DURING THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR OR THE TWO THOUSAND  FIFTEEN--TWO
THOUSAND SIXTEEN SCHOOL YEAR.
  (f)  In the event that the chancellor determines that a school closing
or significant change in school utilization is immediately necessary for
the preservation of student health, safety or general welfare, the chan-
cellor may temporarily close a public  school  or  adopt  a  significant
change in the school's utilization on an emergency basis. Such emergency
school  closing  or  significant change in school utilization shall only
remain in effect for six months, during such time the  chancellor  shall
comply  with  the  requirements  of  this  subdivision in order for such
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

beyond  the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL CLOSING
OCCURRING DURING THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN  SCHOOL
YEAR OR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR SHALL
ONLY  REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY IN ORDER
TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
  S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
law, as added by chapter 345 of the laws of 2009, is amended to read  as
follows:
  (h)  approve  proposals for all school closures or significant changes
in school utilization including the  phase-out,  grade  reconfiguration,
re-siting,  or co-location of schools, following any hearing pursuant to
subdivision two-a of section twenty-five hundred ninety-h of this  arti-
cle;  PROVIDED  THAT THE CITY BOARD SHALL NOT APPROVE ANY PROPOSAL FOR A
SCHOOL CLOSING, SCHOOL PHASE-OUT, OR GRADE  RECONFIGURATION  THAT  WOULD
TAKE  EFFECT  DURING  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR OR THE TWO THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL
YEAR.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER SHALL ESTABLISH A SCHOOL CLOSURE  EVALUATION  AND
REVIEW  COMMITTEE, WHICH SHALL REVIEW THE IMPACTS RELATING TO THE NUMBER
OF LOW-PERFORMING SCHOOLS THAT HAVE  BEEN  CLOSED  IN  THE  CITY  SCHOOL
DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS INCLUDING,
BUT  NOT  LIMITED  TO,  THE IMPACT TO STUDENT EDUCATIONAL EXPERIENCE AND
ACHIEVEMENT, AND SHALL ALSO CONSIDER WHETHER ALTERNATIVE POLICIES  WOULD
HAVE  A MORE POSITIVE IMPACT ON STUDENT ACHIEVEMENT. THE COMMITTEE SHALL
INCLUDE, BUT NOT BE  LIMITED  TO,  ACADEMICIANS  WHO  STUDY  EDUCATIONAL
OUTCOMES, PSYCHOMETRICIANS AND EDUCATION POLICY EXPERTS. THE COMMISSION-
ER SHALL REPORT THE COMMITTEE'S FINDINGS TO THE CHAIRS OF THE SENATE AND
ASSEMBLY EDUCATION COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
SEPTEMBER THIRTIETH, TWO THOUSAND FIFTEEN.
  S  4. This act shall take effect immediately; provided that the amend-
ments made to sections  2590-h  and  2590-g  of  the  education  law  by
sections one and two of this act shall not affect the expiration of such
sections pursuant to chapter 91 of the laws of 2002 and shall expire and
be deemed repealed therewith.

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