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:
1 Section 1. Subdivision 2 of section 2590-h of the education law, as
2 amended by chapter 123 of the laws of 2003, is amended to read as
3 follows:
4 2. Establish, control and operate new schools or programs of the types
5 specified in subdivision one of this section, or to discontinue any such
6 schools and programs as he or she may determine; provided, however, that
7 the chancellor shall:
8 (a) consult with the affected community district education council
9 before:
10 [(a)] (i) substantially expanding or reducing such an existing school
11 or program within a community district;
12 [(b)] (ii) initially utilizing a community district school or facility
13 for such a school or program;
14 [(c)] (iii) instituting any new program within a community district;
15 and
16 (b) hold a public hearing on the proposed closure of any school. Such
17 hearing shall be held at the school that is the subject of the hearing.
18 Such hearing shall be held at least six months and no more than one year
19 prior to such anticipated closure date. The chancellor shall ensure that
20 notice of the hearing is posted in such a manner to maximize the number
21 of affected individuals that receive notice, including providing notice
22 to students and parents of the students. In the event that it is deter-
23 mined after such hearing that a school should be closed such closure
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02058-01-9
S. 129 2
1 must wait until the school year in which the final determination had
2 been made, has ended.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law; provided that the amendments to section 2590-h of the
5 education law made by section one of this act shall not affect the expi-
6 ration and reversion of such subdivision and shall expire and be deemed
7 repealed therewith.