S T A T E O F N E W Y O R K
________________________________________________________________________
1291
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, PHEFFER -- Multi-Sponsored by -- M. of A.
O'DONNELL -- read once and referred to the Committee on Education
AN ACT to amend the New York city charter, in relation to notification
when the city board of education is considering the opening, closing
and/or consolidation of a school
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds that the issue which generally elic-
its the greatest passions of the community and its elected state and
local public officials is that of school closings and/or consolidation.
It has come to the attention of the legislature that the New York city
department of education has recently failed to notify elected state and
local public officials when school closings and/or consolidations were
planned within the respective communities of such elected public offi-
cials. The legislature further finds that it has a duty to be responsive
to the important issues raised by its constituencies and other locally
elected public officials.
S 2. The New York city charter is amended by adding a new section 530
to read as follows:
S 530. NOTIFICATION. THE NEW YORK CITY BOARD OF EDUCATION SHALL NOTIFY
THE ELECTED STATE AND LOCAL PUBLIC OFFICIALS WHO REPRESENT AN AFFECTED
COMMUNITY, THE APPROPRIATE CITY COMMUNITY BOARD HAVING JURISDICTION AND
THE PARENTS OR GUARDIANS OF CHILDREN ATTENDING AN AFFECTED SCHOOL WHEN
SUCH BOARD OF EDUCATION IS CONSIDERING THE OPENING, CLOSING AND/OR
CONSOLIDATION OF A SCHOOL. A COPY OF SUCH NOTIFICATION SHALL ALSO BE
DISPLAYED IN A PROMINENT LOCATION WITHIN ANY SCHOOL OR SCHOOLS IN THE
CITY SCHOOL DISTRICT THAT MAY BE AFFECTED BY SUCH AN OPENING, CLOSING
AND/OR CONSOLIDATION. THE BOARD OF EDUCATION SHALL ALSO SEEK INPUT FROM
THE ELECTED LOCAL AND PUBLIC OFFICIALS REPRESENTING THE COMMUNITY
AFFECTED BY THE OPENING, CLOSING AND/OR CONSOLIDATION. THE BOARD OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00302-01-9
A. 1291 2
EDUCATION SHALL DEVELOP A PROGRAM TO ENSURE SUCH NOTIFICATION OCCURS AT
LEAST TWELVE MONTHS PRIOR TO ANY PROJECTED SCHOOL OPENING, CLOSING
AND/OR CONSOLIDATION AS WELL AS A MECHANISM FOR MEANINGFUL INPUT BY THE
ELECTED STATE AND LOCAL PUBLIC OFFICIALS REPRESENTING SUCH AFFECTED
COMMUNITIES.
IN THE EVENT THE BOARD OF EDUCATION HAS PROJECTED THE CLOSING AND/OR
CONSOLIDATION OF A SCHOOL DUE TO THE UNDERUTILIZATION OF FACILITIES, THE
BOARD OF EDUCATION SHALL ENSURE THAT SUCH CLOSING AND/OR CONSOLIDATION
RESULTS IN STUDENTS BEING SENT FROM THE LOW ACHIEVING SCHOOL TO THE
HIGHER ACHIEVING SCHOOL.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.