S T A T E O F N E W Y O R K ________________________________________________________________________ 264 2011-2012 Regular Sessions I N S E N A T E (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: 1 Section 1. Paragraphs (b) and (e) of subdivision 2-a of section 2590-h 2 of the education law, as amended by chapter 345 of the laws of 2009, are 3 amended to read as follows: 4 (b) Such educational impact statement shall include the following 5 information regarding the proposed school closing or significant change 6 in school utilization: 7 (i) the current and projected pupil enrollment of the affected school, 8 the prospective need for such school building, the ramifications of such 9 school closing or significant change in school utilization upon the 10 community, initial costs and savings resulting from such school closing 11 or significant change in school utilization, the potential disposability 12 of any closed school; 13 (ii) the impacts of the proposed school closing or significant change 14 in school utilization to any affected students; 15 (iii) an outline of any proposed or potential use of the school build- 16 ing for other educational programs or administrative services; 17 (iv) the effect of such school closing or significant change in school 18 utilization on personnel needs, the costs of instruction, adminis- 19 tration, transportation, and other support services; 20 (v) the type, age, and physical condition of such school building, 21 maintenance, and energy costs, recent or planned improvements to such 22 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 1 (vi) the ability of other schools in the affected community district 2 to accommodate pupils following the school closure or significant change 3 in school utilization, THE CURRENT AND PROJECTED PUPIL ENROLLMENT AT 4 EACH SUCH OTHER SCHOOL AND A LIST OF AFFECTED SCHOOL STUDENTS SCHEDULED 5 TO ATTEND EACH SUCH OTHER SCHOOL; and 6 (vii) information regarding such school's academic performance includ- 7 ing whether such school has been identified as a school under registra- 8 tion review or has been identified as a school requiring academic 9 progress, a school in need of improvement, or a school in corrective 10 action or restructuring status. 11 (e) (I) Except as otherwise provided in paragraph (f) of this subdivi- 12 sion, all proposed school closings or significant changes in school 13 utilization shall be approved by the city board pursuant to section 14 twenty-five hundred ninety-g of this article and shall not take effect 15 until all the provisions of this subdivision have been satisfied and the 16 school year in which such city board approval was granted, has ended. 17 (II) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVI- 18 SION, NO PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL UTILI- 19 ZATION SHALL TAKE EFFECT UNTIL ALL PUPILS IN THE AFFECTED SCHOOL HAVE 20 BEEN ASSIGNED TO NEW SCHOOLS WITHIN THE CITY OF NEW YORK AND THE CHAN- 21 CELLOR HAS VERIFIED THAT EACH NEW SCHOOL WITHIN THE CITY OF NEW YORK 22 ACCEPTING STUDENTS FROM THE AFFECTED SCHOOL CAN ACCOMMODATE SUCH PUPILS 23 AS WELL AS AN ADDITIONAL INCREASE IN THE TOTAL NUMBER OF PUPILS OF NO 24 LESS THAN TEN PERCENT OF THE TOTAL SCHOOL PUPIL POPULATION. 25 S 2. This act shall take effect immediately; provided that the amend- 26 ments to section 2590-h of the education law made by section one of this 27 act shall not affect the expiration of such section and shall be deemed 28 to expire therewith.