(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.
Structure New York Laws
Article 9 - School Buildings and Sites
401 - Sites; Designation and Change.
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.
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.
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-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.