Imposes a moratorium on the initiation of school closings in cities with a population of one million or more.

---

S4465A-2011 Actions

• May 22, 2012: PRINT NUMBER 4465A
• May 22, 2012: AMEND (T) AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Apr 6, 2011: REFERRED TO EDUCATION

S4465A-2011 Memo

BILL NUMBER:S4465A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
The  purpose of this bill is to establish a moratorium on the initiation
of any proposed school closing or significant change in school  utiliza-
tion.

SUMMARY OF SPECIFIC PROVISIONS:
Section  1. reads as follows: Notwithstanding any inconsistent provision
of the education law or any other law to the contrary, there  is  hereby
established  a moratorium on the initiation of any proposed school clos-
ing, including a phase-out plan or grade reconfiguration, for any public
school located within such city school district

Section 2 of the bill amends paragraph (h) of subdivision 1  of  section
2590-g  of  the  education law, as amended by chapter 345 of the laws of
2009, to state 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  thirteen-two  thousand  fourteen
school  year  or  the  two thousand fourteen-two thousand fifteen school
year.

Section 2 of the bill would  create  a  School  Closure  Evaluation  and
Review Committee.

JUSTIFICATION:
During  the  last  two  years,  there  has  been  an explosion of school
closures in New York City. However, it is not  dear  that  the  academic
performance of the students who are adversely impacted or dispersed by a
school  closure  have  measurably  improved. Similarly, there is limited
evidence that replacement schools perform any  better  than  those  that
have been closed.

In  the view of many education professionals, efforts to enhance student
performance requires comprehensive academic intervention and not  simply
a  shut-down strategy most commonly found in the consumer retail market.
A one-year moratorium will provide the legislature and the State  Educa-
tion  Department  with  the  time  to  evaluate the effectiveness of the
aggressive school closure practices of the NYC Department of  Education,
and determine the best course of action to meet the educational needs of
public school students.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:
This  act  shall  take  effect  on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed one year after such
effective date.

S4465A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4465--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                April 6, 2011
                                 ___________

  Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education  --  recommitted
    to the Committee on Education in accordance with Senate Rule 6, sec. 8
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted to said committee

  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 amended 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, OR GRADE
  RECONFIGURATION THAT WOULD TAKE EFFECT DURING  THE  TWO  THOUSAND  THIR-
  TEEN--TWO   THOUSAND   FOURTEEN   SCHOOL   YEAR   OR  THE  TWO  THOUSAND
  FOURTEEN--TWO THOUSAND FIFTEEN 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09095-07-2

 S. 4465--A                          2

  school  closure  or  significant  change in school utilization to extend
  beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING
  OCCURRING DURING THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
  YEAR  OR  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
  SHALL ONLY REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY  IN
  ORDER TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
    S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
  law,  as  amended 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  THIRTEEN--TWO  THOUSAND  FOURTEEN
  SCHOOL  YEAR  OR  THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
  YEAR.
    S 3. Section 305 of the education law  is  amended  by  adding  a  new
  subdivision 43 to read as follows:

    43.  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 COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
  TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
  SEPTEMBER THIRTIETH, TWO THOUSAND FOURTEEN.
    S 4. This act shall take effect immediately; provided that the  amend-
  ments  made  to  sections  2590-h  and  2590-g  of  the education law by
  sections one and two of this act shall not affect the expiration of such
  sections pursuant to chapter 345 of the laws of 2009  and  shall  expire
  and be deemed repealed therewith.