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.