N.Y. Education Law § 402-a: Procedures for closing a school building

§ 402-a. Procedures for closing a school building. 1. At least six

months in advance of a proposed school closing, the trustees or board of

education of a school district in which such building is located are

hereby authorized and recommended to establish an advisory committee on

school building utilization to investigate the educational impact of

such a closing. In a city with a population of one million or more, when

the city board is considering the closing of any school building, such

city board is hereby authorized and recommended to establish such

advisory committee on school building utilization for schools within its

jurisdiction and delegate to the appropriate community school board the

responsibility for appointing such a committee for any school within the

jurisdiction of such community school board. Each committee may be

comprised of but not limited to school district authorities, teaching

and nonteaching personnel, parents of pupils who attend public schools

in the district, other residents of the district, and representatives

from business, labor and local government. Such committee, if

established, shall prepare in writing an educational impact statement

which shall consider the criteria stated in subdivision two of this

section.

2. The factors to be considered by the committee in the educational

impact statement shall include, but not be limited to:

(a) The current and projected pupil enrollment, the prospective need

for such building, the ramifications of such closing upon the community,

initial costs and savings resulting from such closing, the potential

disposability of the closed school;

(b) Possible use of such school building for other educational

programs or administrative services;

(c) The effect of such closing on personnel needs, and on the costs of

instruction, administration, transportation and other support services;

(d) Type, age and physical condition of such building, outstanding

indebtedness, maintenance and energy costs, recent or planned

improvements for the building, and such building's special features;

(e) Ability of the other schools in the affected district to

accommodate pupils if such school building closes; and

(f) Possible shared utilization of space in such school building

during or after regular school hours, as permitted in section four

hundred fourteen of this chapter.

3. (a) Such educational impact statement shall be filed with the board

of education or in a city with a population of one million or more, with

the city board and/or the appropriate community school board. Such board

of education shall publish a notice of such proposed closing in at least

one newspaper of general circulation in the community once a week for

two weeks, and shall post a notice conspicuously in the affected school

district, which shall also be circulated to elected state and local

public officials who represent the affected communities.

(b) After the statement has been filed and circulated, the board of

education, and in a city with a population of one million or more, the

city board or, where applicable, the community school board shall hold a

public hearing to evaluate the impact of the proposed closing on the

affected district. Such hearing shall be held within sixty days of the

issuance of the educational impact statement at times and places

convenient and accessible to the public. Notice of such hearing shall be

published by such board of education in at least one newspaper of

general circulation in the community once a week for two weeks, and

shall be posted conspicuously in the affected school district, and shall

also be circulated to elected state and local public officials who

represent the affected communities. At such hearing, factors enumerated

in subdivision two of this section shall be considered and alternatives

may be presented by interested parties.

(c) The board of education shall render a decision at a regular or

special meeting, the results of which shall be recorded and made

available to the public. In a city having a population of one million or

more, the community school board shall submit written recommendations

for schools within its jurisdiction to the city board. The city board

shall render a decision for all proposed school building closings at a

regular or special meeting, the results of which shall be recorded and

made available to the public.