NY State Senate Bill 2017-S1555

Senate Bill S1555

2017-2018 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

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jan 10, 2017	referred to education

2017-S1555 (ACTIVE) - Details

See Assembly Version of this Bill:: A1888
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2590-h, 2590-g & 305, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4465, A6158
2013-2014: S669, A7192
2015-2016: S713, A2540
2019-2020: A5884

2017-S1555 (ACTIVE) - Summary

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

2017-S1555 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1555

 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 or 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 eighteen--two thousand nineteen school
year or the two thousand nineteen-two thousand twenty school year and
that (f) any emergency school closing occurring during the two
thousand eighteen-two thousand nineteen school year or 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.

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 eighteen-two thousand nineteen school year or
the two thousand nineteen-two thousand twenty 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 there-with.

 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 :
2015-16: S.713
2013-14: S.669-A
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 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.

2017-S1555 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1555
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00593-01-7

 S. 1555                             2
 
 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.

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