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This entry was published on 2014-09-22
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SECTION 402-A
Procedures for closing a school building
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 9
§ 402-a. Procedures for closing a school building. 1. At least six
months in advance of a proposed school closing, the trustees or board of
education of a school district in which such building is located are
hereby authorized and recommended to establish an advisory committee on
school building utilization to investigate the educational impact of
such a closing. In a city with a population of one million or more, when
the city board is considering the closing of any school building, such
city board is hereby authorized and recommended to establish such
advisory committee on school building utilization for schools within its
jurisdiction and delegate to the appropriate community school board the
responsibility for appointing such a committee for any school within the
jurisdiction of such community school board. Each committee may be
comprised of but not limited to school district authorities, teaching
and nonteaching personnel, parents of pupils who attend public schools
in the district, other residents of the district, and representatives
from business, labor and local government. Such committee, if
established, shall prepare in writing an educational impact statement
which shall consider the criteria stated in subdivision two of this
section.

2. The factors to be considered by the committee in the educational
impact statement shall include, but not be limited to:

(a) The current and projected pupil enrollment, the prospective need
for such building, the ramifications of such closing upon the community,
initial costs and savings resulting from such closing, the potential
disposability of the closed school;

(b) Possible use of such school building for other educational
programs or administrative services;

(c) The effect of such closing on personnel needs, and on the costs of
instruction, administration, transportation and other support services;

(d) Type, age and physical condition of such building, outstanding
indebtedness, maintenance and energy costs, recent or planned
improvements for the building, and such building's special features;

(e) Ability of the other schools in the affected district to
accommodate pupils if such school building closes; and

(f) Possible shared utilization of space in such school building
during or after regular school hours, as permitted in section four
hundred fourteen of this chapter.

3. (a) Such educational impact statement shall be filed with the board
of education or in a city with a population of one million or more, with
the city board and/or the appropriate community school board. Such board
of education shall publish a notice of such proposed closing in at least
one newspaper of general circulation in the community once a week for
two weeks, and shall post a notice conspicuously in the affected school
district, which shall also be circulated to elected state and local
public officials who represent the affected communities.

(b) After the statement has been filed and circulated, the board of
education, and in a city with a population of one million or more, the
city board or, where applicable, the community school board shall hold a
public hearing to evaluate the impact of the proposed closing on the
affected district. Such hearing shall be held within sixty days of the
issuance of the educational impact statement at times and places
convenient and accessible to the public. Notice of such hearing shall be
published by such board of education in at least one newspaper of
general circulation in the community once a week for two weeks, and
shall be posted conspicuously in the affected school district, and shall
also be circulated to elected state and local public officials who
represent the affected communities. At such hearing, factors enumerated
in subdivision two of this section shall be considered and alternatives
may be presented by interested parties.

(c) The board of education shall render a decision at a regular or
special meeting, the results of which shall be recorded and made
available to the public. In a city having a population of one million or
more, the community school board shall submit written recommendations
for schools within its jurisdiction to the city board. The city board
shall render a decision for all proposed school building closings at a
regular or special meeting, the results of which shall be recorded and
made available to the public.