S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6158--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M.  of A. JEFFRIES, BARRON, BOYLAND, BRAUNSTEIN, CASTRO,
  COOK, CRESPO, JACOBS, JAFFEE, O'DONNELL, ROBINSON, STEVENSON,  TITONE,
  WEPRIN,  MENG, MILLMAN, PERRY, TITUS -- Multi-Sponsored by -- M. of A.
  ABBATE, BRENNAN, DenDEKKER, GLICK, GOTTFRIED, P. RIVERA --  read  once
  and  referred  to  the  Committee  on  Education -- recommitted to the
  Committee on Education in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT imposing a moratorium on the initiation  of  school  closings  in
  cities with a population of one million or more; and providing for the
  repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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. The  chancellor  of  the  city  school
district  shall  not  file an educational impact statement with the city
board of education regarding the closure of any public or charter school
in the district during the period of the moratorium as set forth in this
act. The provisions of this section shall  not  apply  to  any  closure,
phase-out  plan  or grade reconfiguration which has been approved by the
city board pursuant to section 2590-g of the education law prior to  the
effective date of this act. In the event that the chancellor of the city
school  district  determines that a school closing is immediately neces-
sary for the preservation of student health, safety or general  welfare,
such  chancellor  may  temporarily close a public school on an emergency
basis.
  During said moratorium the state education department shall  establish
a  School Closure Evaluation and Review Committee, which shall report to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09095-03-2
              

A. 6158--A                          2

the legislature on its findings by the end of the moratorium period. The
committee, appointed by the commissioner of education, shall include but
not be limited to, academicians who study educational outcome, psychome-
tricians  and  education  policy experts. The committee shall review the
impact of the New York City board of education policy of  closing  large
numbers of struggling schools and determine the impact of this policy on
student  educational  experience  and  achievement,  and  shall consider
whether alternative policies  would  have  a  more  positive  impact  on
student achievement.
  S  2.  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.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6158--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M.  of A. JEFFRIES, BARRON, BOYLAND, BRAUNSTEIN, CASTRO,
  COOK, CRESPO, JACOBS, JAFFEE, O'DONNELL, ROBINSON, STEVENSON,  TITONE,
  WEPRIN,  MENG, MILLMAN, PERRY, TITUS -- Multi-Sponsored by -- M. of A.
  ABBATE, BRENNAN, DenDEKKER, GLICK, GOTTFRIED, P. RIVERA --  read  once
  and  referred  to  the  Committee  on  Education -- recommitted to the
  Committee on Education in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, 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:

  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  THIR-
TEEN--TWO   THOUSAND   FOURTEEN   SCHOOL   YEAR   OR  THE  TWO  THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09095-06-2
              

A. 6158--B                          2

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
beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING
OCCURRING DURING THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
YEAR  OR  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN 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  amended 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  THIRTEEN--TWO  THOUSAND  FOURTEEN
SCHOOL  YEAR  OR  THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 FOURTEEN.
  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 345 of the laws of 2009  and  shall  expire
and be deemed repealed therewith.