S T A T E O F N E W Y O R K
________________________________________________________________________
5884
2019-2020 Regular Sessions
I N A S S E M B L Y
February 20, 2019
___________
Introduced by M. of A. MOSLEY -- 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, GRADE
RECONFIGURATION, RE-SITING OR CO-LOCATION OF SCHOOLS THAT WOULD TAKE
EFFECT DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09988-01-9
A. 5884 2
OCCURRING DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
SCHOOL YEAR.
§ 3. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. 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 TWENTY-ONE.
§ 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.