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A06158 Summary:

BILL NO    A06158B

SAME AS    SAME AS S04465-A

SPONSOR    Jeffries (MS)

COSPNSR    Barron, Boyland, Braunstein, Castro, Cook, Crespo, Jacobs, Jaffee,
           O'Donnell, Robinson, Stevenson, Titone, Weprin, Meng, Millman, Perry,
           Titus, Espinal, Cusick, Rosenthal, Colton, Moya

MLTSPNSR   Abbate, Brennan, DenDekker, Glick, Gottfried, Rivera P

Amd SS2590-h, 2590-g & 305, Ed L

Imposes a moratorium on the initiation of school closings in cities with a
population of one million or more.
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A06158 Text:

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

                                        6158--B

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 8, 2011
                                      ___________

       Introduced  by  M.  of A. JEFFRIES, BARRON, BOYLAND, BRAUNSTEIN, CASTRO,
         COOK, CRESPO, JACOBS, JAFFEE, O'DONNELL, ROBINSON, STEVENSON,  TITONE,
         WEPRIN,  MENG, MILLMAN, PERRY, TITUS -- Multi-Sponsored by -- M. of A.
         ABBATE, BRENNAN, DenDEKKER, GLICK, GOTTFRIED, P. RIVERA --  read  once
         and  referred  to  the  Committee  on  Education -- recommitted to the
         Committee on Education in accordance with Assembly Rule 3, sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, 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:

    1    Section  1.    Paragraphs  (a)  and  (f) of subdivision 2-a of section
    2  2590-h of the education law, as amended by chapter 345 of  the  laws  of
    3  2009, are amended to read as follows:
    4    (a)  Notwithstanding  any  other provision to the contrary, prepare an
    5  educational impact statement regarding any proposed  school  closing  or
    6  significant change in school utilization, including the phase-out, grade
    7  reconfiguration,  re-siting,  or  co-location of schools, for any public
    8  school located within the city district; PROVIDED HOWEVER THAT THE CHAN-
    9  CELLOR SHALL NOT BE AUTHORIZED TO PREPARE OR FILE AN EDUCATIONAL  IMPACT
   10  STATEMENT  FOR  ANY  PROPOSED SCHOOL CLOSING, SCHOOL PHASE-OUT, OR GRADE
   11  RECONFIGURATION THAT WOULD TAKE EFFECT DURING  THE  TWO  THOUSAND  THIR-
   12  TEEN--TWO   THOUSAND   FOURTEEN   SCHOOL   YEAR   OR  THE  TWO  THOUSAND
   13  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR.
   14    (f) In the event that the chancellor determines that a school  closing
   15  or significant change in school utilization is immediately necessary for
   16  the preservation of student health, safety or general welfare, the chan-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09095-06-2
       A. 6158--B                          2

    1  cellor  may  temporarily  close  a  public school or adopt a significant
    2  change in the school's utilization on an emergency basis. Such emergency
    3  school closing or significant change in school  utilization  shall  only
    4  remain  in  effect for six months, during such time the chancellor shall
    5  comply with the requirements of  this  subdivision  in  order  for  such
    6  school  closure  or  significant  change in school utilization to extend
    7  beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING
    8  OCCURRING DURING THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
    9  YEAR  OR  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
   10  SHALL ONLY REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY  IN
   11  ORDER TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
   12    S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
   13  law,  as  amended by chapter 345 of the laws of 2009, is amended to read
   14  as follows:
   15    (h) approve proposals for all school closures or  significant  changes
   16  in  school  utilization  including the phase-out, grade reconfiguration,
   17  re-siting, or co-location of schools, following any hearing pursuant  to
   18  subdivision  two-a of section twenty-five hundred ninety-h of this arti-
   19  cle; PROVIDED THAT THE CITY BOARD SHALL NOT APPROVE ANY PROPOSAL  FOR  A
   20  SCHOOL  CLOSING,  SCHOOL  PHASE-OUT, OR GRADE RECONFIGURATION THAT WOULD
   21  TAKE EFFECT DURING THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
   22  SCHOOL  YEAR  OR  THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
   23  YEAR.
   24    S 3. Section 305 of the education law  is  amended  by  adding  a  new
   25  subdivision 43 to read as follows:
   26    43.  THE  COMMISSIONER SHALL ESTABLISH A SCHOOL CLOSURE EVALUATION AND
   27  REVIEW COMMITTEE, WHICH SHALL REVIEW THE IMPACTS RELATING TO THE  NUMBER
   28  OF  LOW-PERFORMING  SCHOOLS  THAT  HAVE  BEEN  CLOSED IN THE CITY SCHOOL
   29  DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS INCLUDING,
   30  BUT NOT LIMITED TO, THE IMPACT TO  STUDENT  EDUCATIONAL  EXPERIENCE  AND
   31  ACHIEVEMENT,  AND SHALL ALSO CONSIDER WHETHER ALTERNATIVE POLICIES WOULD
   32  HAVE A MORE POSITIVE IMPACT ON STUDENT ACHIEVEMENT. THE COMMITTEE  SHALL
   33  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ACADEMICIANS WHO STUDY EDUCATIONAL
   34  OUTCOMES, PSYCHOMETRICIANS AND EDUCATION POLICY EXPERTS. THE COMMISSION-
   35  ER SHALL REPORT THE COMMITTEE'S FINDINGS TO THE CHAIRS OF THE SENATE AND
   36  ASSEMBLY EDUCATION COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
   37  TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
   38  SEPTEMBER THIRTIETH, TWO THOUSAND FOURTEEN.
   39    S 4. This act shall take effect immediately; provided that the  amend-
   40  ments  made  to  sections  2590-h  and  2590-g  of  the education law by
   41  sections one and two of this act shall not affect the expiration of such
   42  sections pursuant to chapter 345 of the laws of 2009  and  shall  expire
   43  and be deemed repealed therewith.
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