S264-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 5, 2011: REFERRED TO EDUCATION

S264-2011 Memo

BILL NUMBER:S264

TITLE OF BILL:
An act
to amend the education law, in relation to requiring that all students
attending schools scheduled to be closed or to undergo a significant
change be assigned to new schools prior to the implementation of the
closing or change

PURPOSE OR GENERAL IDEA OF BILL:
Requires that all
students attending
a New York City public school scheduled to be closed or to undergo a
significant change, be assigned to a new school within New York
City with comparable services prior to the implementation of the
closing or change.

SUMMARY OF SPECIFIC PROVISIONS:
Section 2590 of the education law
amended to require the NYCDOE assess the ramifications of school
closings or school re-configuration in relation to its impact upon
its students.

JUSTIFICATION:
Over 100,000 special education
children attend New York
City schools (about 10% of all students). For these vulnerable
children school closures mean a space crunch that translates into a
significant decline in speech, occupational or physical therapy. Many
of the new schools opened in their place do not provide mandated ELL
or Special Education services and cannot admit students in these
categories. Reduction of these services results directly in increased
student drop out rates or significant academic and developmental
regressions.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.7630; Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediate, with provisions.

S264-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          264
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  MONTGOMERY  -- 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  requiring  that  all
 students  attending  schools  scheduled  to  be closed or to undergo a
 significant change be assigned to new schools prior to the implementa
 tion of the closing or change
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraphs (b) and (e) of subdivision 2-a of section 2590-h
 of the education law, as amended by chapter 345 of the laws of 2009, are
 amended to read as follows:

 (b)  Such  educational  impact  statement  shall include the following
 information regarding the proposed school closing or significant  change
 in school utilization:

 (i) the current and projected pupil enrollment of the affected school,
 the prospective need for such school building, the ramifications of such
 school  closing  or  significant  change  in school utilization upon the
 community, initial costs and savings resulting from such school  closing
 or significant change in school utilization, the potential disposability
 of any closed school;
 (ii)  the impacts of the proposed school closing or significant change
 in school utilization to any affected students;
 (iii) an outline of any proposed or potential use of the school build
 ing for other educational programs or administrative services;
 (iv) the effect of such school closing or significant change in school
 utilization on personnel  needs,  the  costs  of  instruction,  adminis
 tration, transportation, and other support services;
 (v)  the  type,  age,  and physical condition of such school building,
 maintenance, and energy costs, recent or planned  improvements  to  such
 school building, and such building's special features;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01554-01-1
 
       S. 264                              2
 (vi)  the  ability of other schools in the affected community district
 to accommodate pupils following the school closure or significant change
 in school utilization, THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  AT
 EACH  SUCH OTHER SCHOOL AND A LIST OF AFFECTED SCHOOL STUDENTS SCHEDULED
 TO ATTEND EACH SUCH OTHER SCHOOL; and
 (vii) information regarding such school's academic performance includ
 ing  whether such school has been identified as a school under registra
 tion review or has  been  identified  as  a  school  requiring  academic
 progress,  a  school  in  need of improvement, or a school in corrective
 action or restructuring status.
 (e) (I) Except as otherwise provided in paragraph (f) of this subdivi
 sion, all proposed school closings  or  significant  changes  in  school
 utilization  shall  be  approved  by  the city board pursuant to section
 twenty-five hundred ninety-g of this article and shall not  take  effect
 until all the provisions of this subdivision have been satisfied and the
 school year in which such city board approval was granted, has ended.
 (II)  EXCEPT  AS  OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVI
 SION, NO PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL  UTILI
 ZATION  SHALL  TAKE  EFFECT UNTIL ALL PUPILS IN THE AFFECTED SCHOOL HAVE
 BEEN ASSIGNED TO NEW SCHOOLS WITHIN THE CITY OF NEW YORK AND  THE  CHAN
 CELLOR  HAS  VERIFIED  THAT  EACH NEW SCHOOL WITHIN THE CITY OF NEW YORK
 ACCEPTING STUDENTS FROM THE AFFECTED SCHOOL CAN ACCOMMODATE SUCH  PUPILS
 AS  WELL  AS  AN ADDITIONAL INCREASE IN THE TOTAL NUMBER OF PUPILS OF NO
 LESS THAN TEN PERCENT OF THE TOTAL SCHOOL PUPIL POPULATION.
 

S 2. This act shall take effect immediately; provided that the  amend
 ments to section 2590-h of the education law made by section one of this
 act  shall not affect the expiration of such section and shall be deemed
 to expire therewith.

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