S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1062--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee 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  commit-
   tee

 AN  ACT  to  amend  the education law, in relation to requiring that all
   special education students attending schools scheduled to be closed or
   to undergo a significant change be assigned to new  schools  prior  to
   the implementation of the closing or change
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (e) 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:
   (b)  Such  educational  impact  statement  shall include the following
 information regarding the proposed school closing or significant  change
 in school utilization:
   (i) the current and projected pupil enrollment of the affected school,
 the prospective need for such school building, the ramifications of such
 school  closing  or  significant  change  in school utilization upon the
 community, initial costs and savings resulting from such school  closing
 or significant change in school utilization, the potential disposability
 of any closed school;
   (ii)  the impacts of the proposed school closing or significant change
 in school utilization to any affected students;
   (iii) an outline of any proposed or potential use of the school build-
 ing for other educational programs or administrative services;
   (iv) the effect of such school closing or significant change in school
 utilization on personnel  needs,  the  costs  of  instruction,  adminis-
 tration, transportation, and other support services;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02947-03-4
 A. 1062--A                          2
              

 
   (v)  the  type,  age,  and physical condition of such school building,
 maintenance, and energy costs, recent or planned  improvements  to  such
 school building, and such building's special features;
   (vi)  the  ability of other schools in the affected community district
 to accommodate pupils following the school closure or significant change
 in school utilization, INCLUDING  A  LIST  OF  SUCH  SCHOOLS  WITH  EACH
 SCHOOL'S  MOST  RECENTLY  AVAILABLE  ENROLLMENT,  UTILIZATION  RATE, AND
 PERCENTAGE OF SPECIAL EDUCATION PUPILS AND THE TOTAL NUMBER  OF  SPECIAL
 EDUCATION  STUDENTS  IMPACTED  BY  THE  SCHOOL  CLOSURE OR THE CHANGE IN
 SCHOOL UTILIZATION; and
   (vii) information regarding such school's academic performance includ-
 ing whether such school has been identified as a school under  registra-
 tion  review  or  has  been  identified  as  a school requiring academic
 progress, a school in need of improvement, or  a  school  in  corrective
 action or restructuring status.
   (e) (I) Except as otherwise provided in paragraph (f) of this subdivi-
 sion,  all  proposed  school  closings  or significant changes in school
 utilization shall be approved by the  city  board  pursuant  to  section
 twenty-five  hundred  ninety-g of this article and shall not take effect
 until all the provisions of this subdivision have been satisfied and the
 school year in which such city board approval was granted, has ended.
   (II) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (F)  OF  THIS  SUBDIVI-
 SION,  NO PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL UTILI-
 ZATION SHALL TAKE EFFECT UNTIL  ALL  SPECIAL  EDUCATION  PUPILS  IN  THE
 AFFECTED SCHOOL HAVE BEEN ASSIGNED TO NEW SCHOOLS WITHIN THE CITY OF NEW
 YORK  AND  THE  CHANCELLOR  HAS VERIFIED THAT EACH NEW SCHOOL WITHIN THE
 CITY OF NEW YORK ACCEPTING SPECIAL EDUCATION STUDENTS FROM THE  AFFECTED
 SCHOOL CAN ACCOMMODATE SUCH PUPILS.
   §  2. This act shall take effect immediately; provided that the amend-
 ments to subdivision 2-a of section 2590-h of the education law made  by
 section  one of this act shall not affect the repeal of such subdivision
 and shall be deemed repealed therewith.