What's happening
The bill requires all special education students to be assigned to new schools before a school closure or major change takes effect.
Why it matters
Ensures Special Education Student Placement Before Major Changes. The bill mandates that special education students must be assigned to new schools before any school closure or significant change takes effect, potentially reducing disruption and uncertainty for some of the most vulnerable students.
Requires Verification of School Capacity. The Chancellor must confirm that receiving schools can accommodate all incoming special education students, plus have room for at least 10% more students, aiming to prevent overcrowding and maintain service quality.
Increases Transparency in Planning. Updated requirements for school closure impact statements now include detailed lists of where special education students will be reassigned, allowing parents and advocates to better track and plan for their children’s transitions.
May Slow or Complicate School Closures. By adding these requirements, the bill could make it more difficult or slower for districts to close or significantly alter schools, potentially affecting district flexibility but prioritizing student needs and support.
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Who cares
New York City special education students and families
The bill would require affected students to be assigned to new schools within the city before a school closing or significant change in school utilization takes effect, subject to an existing statutory exception.
New York City schools chancellor
The bill would require the chancellor to verify that receiving schools can accommodate transferred special education students plus an additional enrollment increase of at least 10 percent of the total school pupil population.
Schools in affected community districts
Educational impact statements would have to include each potential receiving school's current and projected enrollment and a list of affected special education students scheduled to attend it.
Headline styles
Protect Special Ed School Placements
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to new york city education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1231
- Committee discharged and committed to rules
- Reported and committed to education
- Committee discharged and committed to new york city 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 Schools Before Closures
In Assembly Committee · Education · Sponsor Diana Richardson
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
725
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01740-01-9
S. 725 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, 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 sched- uled 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 drop- out 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
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.