NY State Senate Bill 2015-S713A

Senate Bill S713A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2016	print number 713a
Apr 13, 2016	amend and recommit to education
Jan 06, 2016	referred to education
Jan 07, 2015	referred to education

Bill Amendments

Original

A (Active)

2015-S713 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2590-h, 2590-g & 305, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4465
2013-2014: S669
2017-2018: S1555

2015-S713 - Summary

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

2015-S713 - Sponsor Memo

                                 BILL NUMBER:  S713

 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 utilization.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends paragraphs (a) and (f) of subdivision 2-a
of § 2590-h of the education law, as amended by chapter 345 of the
laws of 2009 by adding clauses stating that (a) the chancellor shall
not be authorized to prepare or file and education impact statement
for any proposed school closing, school phase-out, grade
reconfiguration, re-siting or co-location of schools that would take
effect during the two thousand sixteen-two thousand seventeen school
year or the two thousand seventeen-two thousand eighteen school year
and that (f) any emergency school closing occurring during the two
thousand sixteen-two thousand seventeen school year or the two
thousand seventeen-two thousand eighteen school year shall only remain
in effect during such time as absolutely necessary in order to

preserve student health, safety or general welfare.

Section 2 of the bill amends paragraph (h) of subdivision 1 of §
2590-g of the education law, as amended by chapter 345 of the laws of
2009, by adding a clause to state that the city board shall not
approve any proposal for a school closing, school phase-out, grade
reconfiguration, re-siting or co-location that would take effect
during the two thousand sixteen-two thousand seventeen school year or
the two thousand seventeen-two thousand eighteen school year.

Section 3 of the bill would create a School Closure Evaluation and
Review Committee.

Section 4 of the bill sets forth and immediate effective date provided
that the amendments made to sections 2590-h and 2590-g of the
education law shall not affect the expiration of such sections
pursuant to chapter 91 of the laws of 2002 and shall expire and be
deemed repealed therewith.

 JUSTIFICATION :

During the last three years, there has been an explosion of school
closures in New York City. However, it is not clear 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
Education 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 :
2011-12, S.4465-A/A.6158-B (Jeffries)

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately provided that the amendments
made to sections 2590-h and 2590-g of the education law shall not
affect the expiration of such sections pursuant to chapter 91 of the
laws of 2002 and shall expire and be deemed repealed therewith.

2015-S713 - Bill Text download pdf

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

                                   713

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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 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 added 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, GRADE
RECONFIGURATION, RE-SITING OR CO-LOCATION OF  SCHOOLS  THAT  WOULD  TAKE
EFFECT  DURING  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR OR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN 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
school  closure  or  significant  change in school utilization to extend
beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING

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

                                                           LBD00450-01-5

S. 713                              2

OCCURRING DURING THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR  OR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN 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 added 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  SIXTEEN--TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR OR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 53 to read as follows:
  53.  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 SEVENTEEN.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  sections  2590-h  and  2590-g  of  the  education law made by
sections one and two of this act shall not affect the expiration of such
sections pursuant to chapter 91 of the laws of 2002 and shall expire and
be deemed repealed therewith.

2015-S713A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2590-h, 2590-g & 305, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4465
2013-2014: S669
2017-2018: S1555

2015-S713A (ACTIVE) - Summary

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

2015-S713A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S713A

 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 utilization.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends paragraphs (a) and (f) of subdivision 2-a
of § 2590-h of the education law, as amended by chapter 345 of the
laws of 2009 by adding clauses stating that (a) the chancellor shall
not be authorized to prepare or file and education impact statement
for any proposed school closing, school phase-out, grade
reconfiguration, re-siting or co-location of schools that would take
effect during the two thousand seventeen-two thousand eighteen school
year or the two thousand eighteen-two thousand nineteen school year
and that (f) any emergency school closing occurring during the two
thousand seventeen-two thousand eighteen school year or the two
thousand eighteen-two thousand nineteen school year shall only remain
in effect during such time as absolutely necessary in order to

preserve student health, safety or general welfare.

Section 2 of the bill amends paragraph (h) of subdivision 1 of §
2590-g of the education law, as amended by chapter 345 of the laws of
2009, by adding a clause to state that the city board shall not
approve any proposal for a school closing, school phase-out, grade
reconfiguration, re-siting or co-location that would take effect
during the two thousand seventeen-two thousand eighteen school year or
the two thousand eighteen-two thousand nineteen school year.

Section 3 of the bill would create a School Closure Evaluation and
Review Committee.

Section 4 of the bill sets forth and immediate effective date provided
that the amendments made to sections 2590-h and 2590-g of the
education law shall not affect the expiration of such sections
pursuant to chapter 91 of the laws of 2002 and shall expire and be
deemed repealed therewith.

 JUSTIFICATION :

During the last three years, there has been an explosion of school
closures in New York City. However, it is not clear 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
Education 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 :
2015-16: S.713 2013-14: S.669-A
2011-12: S.4465-A/A.6158-B (Jeffries)

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately provided that the amendments
made to sections 2590-h and 2590-g of the education law shall not
affect the expiration of such sections pursuant to chapter 91 of the
laws of 2002 and shall expire and be deemed repealed therewith.

2015-S713A (ACTIVE) - Bill Text download pdf

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

                                 713--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 added 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, GRADE
RECONFIGURATION, RE-SITING OR CO-LOCATION OF  SCHOOLS  THAT  WOULD  TAKE
EFFECT  DURING  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR OR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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

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

                                                           LBD00450-04-6

S. 713--A                           2

comply with the requirements of  this  subdivision  in  order  for  such
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  SEVENTEEN--TWO  THOUSAND EIGHTEEN
SCHOOL YEAR OR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  SCHOOL
YEAR  SHALL  ONLY REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECES-
SARY 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 added 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 SEVENTEEN--TWO THOUSAND EIGHTEEN
SCHOOL YEAR OR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  SCHOOL
YEAR.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 55 to read as follows:
  55. 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 EIGHTEEN.
  S  4. This act shall take effect immediately; provided that the amend-
ments to sections 2590-h  and  2590-g  of  the  education  law  made  by
sections one and two of this act shall not affect the expiration of such
sections and shall expire and be deemed repealed therewith.

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