What's happening
This bill requires that before closing or significantly changing a school, all special education students must be reassigned to new schools that can accommodate them and at least 10% more students.
Why it matters
Ensures special education students are not displaced without a plan. The bill mandates that before a school closes or undergoes a significant change, every special education student must have a confirmed placement in a new school, reducing the risk of students falling through the cracks during transitions.
Prevents overcrowding in receiving schools. By requiring that receiving schools have capacity for at least 10% more students than they are taking in, the bill aims to prevent overburdening resources and ensure special education students receive appropriate attention and services.
Increases accountability and transparency. The requirement that the chancellor verify and publicly account for the capacity of receiving schools, including lists of where special education students are assigned, enhances oversight and gives families clearer information about their children's educational future.
Addresses both immediate and future enrollment needs. By considering both current and projected enrollment, the legislation seeks to ensure that receiving schools remain suitable for special education students not just at the moment of transition, but as populations shift in the years to come.
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Who cares
Headline styles
Protect Special Ed School Transfers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Assign Special Ed Before Closures
In Assembly Committee · Education · Sponsor Jo Anne Simon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3731
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sens. MONTGOMERY, COMRIE, PERSAUD -- 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 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 Assembly, 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 building 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, administration, transportation, and other support services;
(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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00795-01-7
S. 3731 2
(vi) the ability of other schools in the affected community district to accommodate pupils following the school closure or significant change in school utilization, the current and projected pupil enrollment at each such other school and a list of affected special education school students scheduled to attend each such other school; and
(vii) information regarding such school's academic performance including whether such school has been identified as a school under registration 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 subdivision, 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 subdivision, no proposed school closing or significant change in school utilization 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 as well as an additional increase in the total number of pupils of no less than ten percent of the total school pupil population.
§ 2. This act shall take effect immediately; provided that the amendments 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
Requires that all special education students attending a New York City public school scheduled to be closed or to undergo a significant change, be assigned to a new school within New York City with comparable services prior to the implementation of the closing or change.
Summary of specific provisions
Section 2590-h of the education law is amended to add paragraph b-(vi) and paragraph e-(vii).
Justification
Over 100,000 special education children attend New York City schools (about 10% of all students). For these vulnerable children school closures can mean a space crunch that translates into a significant decline in speech, occupational or physical therapy. Many of the new schools opened in their place do not provide mandated ELL or special education classes and cannot admit students in these categories. Reduction of these services results directly in increased student dropout rates or significant academic and developmental regressions.
Prior legislative history
2009-10: S.7630 - Died in Committee; 2011-12: S.264 - Died in Committee; 2013-14: S.1326-A - Referred to Education
Fiscal implications
None
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.