S T A T E   O F   N E W   Y O R K
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                                  2540

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A.  MOSLEY,  BRAUNSTEIN,  COOK,  CRESPO, JAFFEE,
  O'DONNELL, ROBINSON, TITONE, WEPRIN, PERRY, TITUS, CUSICK,  ROSENTHAL,
  COLTON,  GLICK, RIVERA -- Multi-Sponsored by -- M. of A. ABBATE, BREN-
  NAN, DenDEKKER, GOTTFRIED, MOYA --  read  once  and  referred  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 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,  OR  GRADE
RECONFIGURATION  THAT WOULD TAKE EFFECT DURING THE TWO THOUSAND SIXTEEN-
-TWO THOUSAND SEVENTEEN SCHOOL YEAR OR THE TWO  THOUSAND  SEVENTEEN--TWO
THOUSAND EIGHTEEN 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.
                                                           LBD00450-02-5
              

A. 2540                             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 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR  OR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN 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  SIXTEEN--TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR OR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 53 to read as follows:
  53.  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 SEVENTEEN.
  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, and shall expire and be deemed repealed therewith.