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Document Type

Comments

First Page

E. Supp. 51

Abstract

In 2009, the New York Legislature imposed more stringent requirements on the State’s Department of Education when it amended section 2590-h of article 52-A of the Education Law. Now, as a precondition to closing or significantly changing the use of a school, the Chancellor, who heads the Department of Education, must prepare an impact statement detailing the ramifications of the proposal on students and the community. The Chancellor is also required to hold a joint public hearing where affected community members can present comments or concerns. In 2010, community members affected by proposed school closures in New York City successfully challenged the Department of Education’s compliance with section 2590-h. Although the appellate court affirmed the decision, it left the applicable standard of review a question. This Comment argues that section 2590-h calls for meaningful community involvement and the court should therefore apply a strict standard in reviewing the Department of Education’s compliance.

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