N.Y. Education Law Section 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 § 414 (Use of schoolhouse and grounds)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.

Source: Section 402-A — Procedures for closing a school building, https://www.­nysenate.­gov/legislation/laws/EDN/402-A (updated Sep. 22, 2014; accessed Jun. 22, 2024).

401
Sites
402
Sale of former schoolhouse or site
402‑A
Procedures for closing a school building
403
Application of proceeds of sale
403‑A
Leasing of school property
403‑B
Leasing of school buildings and facilities
404
Acquisition of real property
405
Conveyance of property to public corporations
406
Vesting of title of lands in certain cases
407
Application to certain districts
407‑A
Authorization for dormitory authority financing of capital facilities for special act school districts
407‑B
Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students
408
Plans and specifications of school buildings must be approved by commissioner of education
408‑A
Plans and specifications for construction of new school buildings
408‑B
Submitting plans and specifications of school buildings with local fire and law enforcement officials
409
School building regulations in relation to health and safety
409‑A
Eye safety devices for certain students and teachers
409‑B
Use of mercury vapor or metal halide lamps within school buildings
409‑C
Athletic safety equipment
409‑D
Comprehensive public school building safety program
409‑E
Uniform code of public school buildings inspection, safety rating and monitoring
409‑F
Electrically operated partition and door safety
409‑G
Purchase and use of paradichlorobenzene deodorizers
409‑H
Requirements for notification of pesticide applications
409‑I
Procurement and use of environmentally-sensitive cleaning and maintenance products
409‑J
Emergency alert notification system in public schools
409‑K
Pesticide alternatives
409‑L
Posting child abuse hotline telephone number
409‑M
Gender neutral single-occupancy bathroom facilities
410
Officials not to be interested in sales, leases or contracts
412
Condemnation of schoolhouse and erection of new schoolhouse in place thereof
413
Use of school buildings for examinations
414
Use of schoolhouse and grounds
415
No schoolhouse shall be built on town line
416
School taxes and school bonds
417
Allocation of moneys by regents for extraordinary relief to school districts
418
Purchase and display of flag
419
Display of flags in assembly rooms
419‑A
Display of flags in classrooms
420
Rules and regulations

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 402-A’s source at nysenate​.gov

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