senate Bill S669A

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Feb 21, 2013 print number 669a
amend and recommit to education
Jan 09, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S669 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§2590-h, 2590-g & 305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6158, A6158B, S4465A

S669 - Bill Texts

view summary

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

view 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 full text
download pdf
                    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.

Co-Sponsors

S669A (ACTIVE) - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§2590-h, 2590-g & 305, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A6158, A6158B, S4465A

S669A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S669A

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 of the bill amends paragraphs (a) and (f) of subdivision 2-a
of § 2590-h of the education law, as amended by chapter 345 of the
laws of 2009 by adding clauses stating that (a) the chancellor shall
not be authorized to prepare of file and education impact statement
for any proposed school closing, school phase-out, grade
reconfiguration, re-siting or co-location of schools that would take
effect during the two thousand fourteen-two thousand fifteen school
year or the two thousand fifteen-two thousand sixteen school year and
that (f) 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.

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

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

Section 4 of the bill sets forth and immediate effective date provided
that the amendments made to sections 2590-h and 2590-g of the
education law 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 (June 30, 2015).

JUSTIFICATION:

During the last three 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 immediately provided that the amendments
made to sections 2590-h and 2590-g of the education law 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 669--A

                       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  -- 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:

  Section  1.    Paragraphs  (a)  and  (f) of subdivision 2-a of section
2590-h of the education law, as added 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, GRADE
RECONFIGURATION, RE-SITING OR CO-LOCATION OF  SCHOOLS  THAT  WOULD  TAKE
EFFECT  DURING  THE  TWO  THOUSAND FOURTEEN--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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03422-02-3

S. 669--A                           2

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 to sections 2590-h  and  2590-g  of  the  education  law  made  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.