S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1888
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MOSLEY,  BRAUNSTEIN,  COOK,  CRESPO, JAFFEE,
   O'DONNELL, TITONE, WEPRIN, PERRY, TITUS,  CUSICK,  ROSENTHAL,  COLTON,
   GLICK,  RIVERA  --  Multi-Sponsored  by -- M. of A. ABBATE, 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 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 EIGHTEEN--TWO  THOUSAND  NINETEEN  SCHOOL
 YEAR OR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY 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.
              

                                                            LBD00593-01-7

 A. 1888                             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 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
 YEAR OR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR SHALL
 ONLY  REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY IN ORDER
 TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
   § 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 EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR OR THE TWO THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL
 YEAR.
   §  3.  Section  305  of  the  education law is amended by adding a new
 subdivision 56 to read as follows:
   56. 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  COMMITTEES  AND  THE  CHAIR  OF  THE SENATE FINANCE
 COMMITTEE AND THE CHAIR OF THE ASSEMBLY  WAYS  AND  MEANS  COMMITTEE  NO
 LATER THAN SEPTEMBER THIRTIETH, TWO THOUSAND NINETEEN.
   §  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 and shall expire and be deemed repealed therewith.