Provides that the chancellor shall hold a public hearing before he or she closes any school.
BILL NUMBER: S129
TITLE OF BILL : An act to amend the education law, in relation to the discontinuation of certain schools in cities with a population of one million or more
PURPOSE : The amendment creates the opportunity for those that would be affected by a school closing, expansion or reduction to be consulted by the New York City Board of Education through a public hearing before such action can be taken. This allows for those that may be affected by a closing to voice their concerns. Such a hearing must be held at least six months in advance and must be held at the school that is the subject of the hearing.
SUMMARY OF PROVISIONS : Section 1 Subdivision 2 of section 2590-h of the education law, as amended by chapter 123 of the laws of 2003 are amended.
JUSTIFICATION : This bill would give a voice to parents, teachers, supervisors, students and members of the community on potential school closings. This bill would allow for those that would be affected to voice their concerns to the Board of Education, and understand the reasoning behind the closure, reduction/or expansion of the school. By having the meeting in the school of subject at least six months prior to any closure, reduction, or expansion the community has the opportunity to present its concerns to the department of education in ample time.
LEGISLATIVE HISTORY : S.8491 of 2008 06/12/08 Referred to Rules
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 129 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. SAMPSON -- 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 the discontinuation of certain schools 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. Subdivision 2 of section 2590-h of the education law, as amended by chapter 123 of the laws of 2003, is amended to read as follows: 2. Establish, control and operate new schools or programs of the types specified in subdivision one of this section, or to discontinue any such schools and programs as he or she may determine; provided, however, that the chancellor shall: (A) consult with the affected community district education council before:
[(a)](I) substantially expanding or reducing such an existing school or program within a community district; [(b)](II) initially utilizing a community district school or facility for such a school or program; [(c)](III) instituting any new program within a community district; AND (B) HOLD A PUBLIC HEARING ON THE PROPOSED CLOSURE OF ANY SCHOOL. SUCH HEARING SHALL BE HELD AT THE SCHOOL THAT IS THE SUBJECT OF THE HEARING. SUCH HEARING SHALL BE HELD AT LEAST SIX MONTHS AND NO MORE THAN ONE YEAR PRIOR TO SUCH ANTICIPATED CLOSURE DATE. THE CHANCELLOR SHALL ENSURE THAT NOTICE OF THE HEARING IS POSTED IN SUCH A MANNER TO MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUDING PROVIDING NOTICE TO STUDENTS AND PARENTS OF THE STUDENTS. IN THE EVENT THAT IT IS DETER- MINED AFTER SUCH HEARING THAT A SCHOOL SHOULD BE CLOSED SUCH CLOSUREEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02058-01-9 S. 129 2
MUST WAIT UNTIL THE SCHOOL YEAR IN WHICH THE FINAL DETERMINATION HAD BEEN MADE, HAS ENDED. S 2. This act shall take effect on the thirtieth day after it shall have become a law; provided that the amendments to section 2590-h of the education law made by section one of this act shall not affect the expi- ration and reversion of such subdivision and shall expire and be deemed repealed therewith.