S T A T E   O F   N E W   Y O R K
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                                  7192

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. MOSLEY, BRAUNSTEIN, CASTRO, COOK, CRESPO, JACOBS,
  JAFFEE,  O'DONNELL,  ROBINSON,  STEVENSON,  TITONE,  WEPRIN,  MILLMAN,
  PERRY, TITUS,  ESPINAL,  CUSICK,  ROSENTHAL,  COLTON,  GLICK,  RIVERA,
  BOYLAND -- Multi-Sponsored by -- M. of A.  ABBATE, BRENNAN, DenDEKKER,
  GOTTFRIED,  MOYA  -- read once and referred to the Committee on Educa-
  tion

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03422-01-3
              

A. 7192                             2

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 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.