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A07013 Summary:

BILL NO    A07013 

SAME AS    SAME AS S04921

SPONSOR    Nolan

COSPNSR    Brindisi, Bronson, Fahy, Mayer, Ryan, Otis

MLTSPNSR   

Amd S211-f, Ed L

Relates to the takeover and restructuring of struggling and persistently
struggling schools.
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A07013 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7013
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 17, 2015
                                       ___________
 
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Education
 
        AN ACT to amend the education law,  in  relation  to  the  takeover  and
          restructuring of struggling schools
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 211-f of the education law, as added by  section  1
     2  of subpart H of part EE of chapter 56 of the laws of 2015, is amended to
     3  read as follows:
     4    §  211-f.  Takeover and restructuring [failing] of struggling schools.
     5  1.  Eligibility for appointment of an external receiver.  (a)  [Failing]
     6  Struggling schools. The commissioner shall designate as [failing] strug-
     7  gling  each  of  the  schools that has been identified under the state's
     8  accountability system to be among the lowest achieving five  percent  of
     9  public  schools  in  the  state  (priority  schools)  for at least three
    10  consecutive school years, or identified as a "priority school"  in  each
    11  applicable  year  of  such  period  except  one school year in which the
    12  school was not identified because of an approved closure plan  that  was
    13  not implemented, based upon measures of student achievement and outcomes
    14  and  a  methodology  prescribed  in the regulations of the commissioner,
    15  provided that this list shall not include schools within a  special  act
    16  school district as defined in subdivision eight of section four thousand
    17  one  of  this chapter or schools chartered pursuant to article fifty-six
    18  of this chapter. Except as otherwise provided in paragraph (c)  of  this
    19  subdivision,  and pursuant to regulations promulgated by the commission-
    20  er, a school designated as [failing]  struggling  under  this  paragraph
    21  shall  be  eligible  for receivership under this section upon a determi-
    22  nation by the commissioner.
    23    (b) Persistently [failing] struggling schools. Based upon measures  of
    24  student  achievement  and  outcomes  and a methodology prescribed in the
    25  regulations of the commissioner, the  commissioner  shall  designate  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10534-01-5

        A. 7013                             2
 
     1  persistently  [failing]  struggling  each  of the schools that have been
     2  identified under the state's  accountability  system  to  be  among  the
     3  lowest  achieving public schools in the state for ten consecutive school
     4  years, based upon identification of the school by the commissioner as: a
     5  "priority school" for each applicable year from the two thousand twelve-
     6  -two  thousand thirteen school year to the current school year, or iden-
     7  tified as a "priority school" in each applicable  year  of  such  period
     8  except  one  year  in  which the school was not identified because of an
     9  approved closure plan that was not implemented; and as a "School Requir-
    10  ing Academic Progress Year 5", "School Requiring Academic Progress  Year
    11  6",  "School  Requiring  Academic  Progress  Year 7" and/or a "School in
    12  Restructuring," for each applicable year from the two thousand  six--two
    13  thousand  seven  school  year  to  the two thousand eleven--two thousand
    14  twelve school year. This designation shall not include schools within  a
    15  special  act  school district as defined in subdivision eight of section
    16  four thousand one of this chapter or schools chartered pursuant to arti-
    17  cle fifty-six of this chapter.
    18    (c) Specific provisions. (i) For schools  designated  as  persistently
    19  [failing]  struggling pursuant to paragraph (b) of this subdivision, the
    20  local district shall continue to operate the school  for  an  additional
    21  school  year  provided  that there is a department-approved intervention
    22  model or comprehensive education plan in place  that  includes  rigorous
    23  performance  metrics and goals, including but not limited to measures of
    24  student academic achievement and outcomes including those set  forth  in
    25  subdivision  six of this section. Notwithstanding any other provision of
    26  law, rule or regulation to the contrary,  the  superintendent  shall  be
    27  vested  with all powers granted to a receiver appointed pursuant to this
    28  section for such time period; provided, however that such superintendent
    29  shall not be allowed to override any decision of the board of  education
    30  with  respect  to his or her employment status. At the end of such year,
    31  the department shall conduct a performance review  in  consultation  and
    32  cooperation  with  the  district and school staff to determine, based on
    33  the performance metrics in the school's model or plan, whether  (1)  the
    34  designation  of persistently [failing] struggling should be removed; (2)
    35  the school should remain under continued school district operation  with
    36  the  superintendent  vested  with  the  powers of a receiver; or (3) the
    37  school should be placed into receivership;  provided,  however,  that  a
    38  school  that  makes  demonstrable  improvement  based on the performance
    39  metrics and goals herein shall remain under district  operation  for  an
    40  additional  school year and if such school remains under district opera-
    41  tion, it shall continue to be subject to annual review  by  the  depart-
    42  ment,  in consultation and cooperation with the district, under the same
    43  terms and conditions.
    44    (ii) For schools designated as [failing] struggling, but  not  persis-
    45  tently  [failing] struggling, the local district shall continue to oper-
    46  ate the school for two additional school years provided that there is  a
    47  department-approved  intervention  model or comprehensive education plan
    48  in place that includes rigorous performance metrics and goals, including
    49  but not limited to measures of student academic achievement and outcomes
    50  including those set forth in subdivision six of this  section.  Notwith-
    51  standing any other provision of law, rule or regulation to the contrary,
    52  the superintendent shall be vested with all powers granted to a receiver
    53  appointed  pursuant  to this section; provided, however that such super-
    54  intendent shall not be allowed to override any decision of the board  of
    55  education  with  respect  to his or her employment status. At the end of
    56  such two years, the department shall conduct a school performance review

        A. 7013                             3
 
     1  in consultation and cooperation with the district and  school  staff  to
     2  determine,  based  on  the  performance metrics in the school's model or
     3  plan, whether (1) the designation  of  [failing]  struggling  should  be
     4  removed;  (2)  the  school should remain under continued school district
     5  operation with the superintendent vested with the powers of a  receiver;
     6  or (3) the school should be placed into receivership; provided, however,
     7  that  a school that makes demonstrable improvement based on the perform-
     8  ance metrics and goals herein shall remain under district operation  for
     9  an  additional  school  year  and  if such school remains under district
    10  operation, it shall continue to be subject to such annual review by  the
    11  department  under  the  same  terms  and conditions.   For schools newly
    12  designated as [failing] struggling after the two  thousand  sixteen--two
    13  thousand seventeen school year, the school shall be immediately eligible
    14  for receivership upon such designation.
    15    (iii)  Nothing  in  this  paragraph  shall be construed to limit (1) a
    16  school district's ability to modify, subject to approval by the  depart-
    17  ment,  such  department  approved  intervention  model  or comprehensive
    18  education plan, or (2) the commissioner's ability to  require  a  school
    19  district  to  modify  such  department  approved  intervention  model or
    20  comprehensive education plan and require his or  her  approval  of  such
    21  modifications.
    22    (iv) The district shall provide notice to parents and guardians of the
    23  students of the school which may be placed into receivership pursuant to
    24  this  subdivision  and provided further that the district or the commis-
    25  sioner shall hold a public meeting or hearing for purposes of discussing
    26  the performance of the school and the construct of receivership.
    27    1-a. Community engagement team. Upon designation as [failing] struggl-
    28  ing or persistently [failing] struggling pursuant to subdivision one  of
    29  this  section,  the district shall establish a community engagement team
    30  which shall include community stakeholders, including but not limited to
    31  the school principal, parents and guardians, teachers and  other  school
    32  staff and students. Membership of such team may be modified at any time.
    33  Such  team  shall  develop recommendations for improvement of the school
    34  and shall solicit input through public engagement. The team shall  pres-
    35  ent  its  recommendations  periodically to the school leadership and, as
    36  applicable, the receiver.
    37    2. Appointment of a receiver.  (a) Upon a determination by the commis-
    38  sioner that a school shall be placed into receivership,  the  applicable
    39  school  district  shall  appoint an independent receiver, subject to the
    40  approval of the commissioner, to manage and operate all aspects  of  the
    41  school  and  to develop and implement a school intervention plan for the
    42  school that shall consider the recommendations developed by the communi-
    43  ty engagement team when creating such plan. The independent receiver may
    44  be a non-profit entity, another school district, or  an  individual.  If
    45  the  school district fails to appoint an independent receiver that meets
    46  with the commissioner's approval within  sixty  days  of  such  determi-
    47  nation, the commissioner shall appoint the receiver.
    48    (b)  The receiver shall be authorized to manage and operate the [fail-
    49  ing] struggling or persistently [failing] struggling  school  and  shall
    50  have  the  power  to supersede any decision, policy or regulation of the
    51  superintendent of schools or chief school officer, or of  the  board  of
    52  education  or  another  school officer or the building principal that in
    53  the sole judgment of the receiver conflicts with the school intervention
    54  plan; provided however that the receiver  may  not  supersede  decisions
    55  that  are not directly linked to the school intervention plan, including
    56  but not limited to  building  usage  plans,  co-location  decisions  and

        A. 7013                             4
 
     1  transportation  of students. The receiver shall have authority to review
     2  proposed school district budgets prior to presentation to  the  district
     3  voters,  or  in  the  case  of a city school district in a city having a
     4  population  of one hundred twenty-five thousand or more, of the adoption
     5  of a contingency budget, prior to approval by the  board  of  education,
     6  and  to modify the proposed budget to conform to the school intervention
     7  plan provided that such modifications shall  be  limited  in  scope  and
     8  effect  to the [failing] struggling or persistently [failing] struggling
     9  school and may not unduly impact other schools in the district. A school
    10  under receivership shall operate  in  accordance  with  laws  regulating
    11  other  public  schools, except as such provisions may conflict with this
    12  section.
    13    (c) The commissioner shall contract with the receiver, and the compen-
    14  sation and other costs of the receiver  appointed  by  the  commissioner
    15  shall  be  paid  from  a state appropriation for such purpose, or by the
    16  school district, as determined by the commissioner, provided that  costs
    17  shall  be  paid by the school district only if there is an open adminis-
    18  trative staffing line available for the receiver, and the receiver  will
    19  be taking on the responsibilities of such open line. Notwithstanding any
    20  other  provision  of  law  to  the contrary, the receiver and any of its
    21  employees providing services in the receivership shall  be  entitled  to
    22  defense and indemnification by the school district to the same extent as
    23  a school district employee. The receiver's contract may be terminated by
    24  the  commissioner  for  a  violation  of law or the commissioner's regu-
    25  lations or for neglect of  duty.  A  receiver  appointed  to  operate  a
    26  district  under  this section shall have full managerial and operational
    27  control over such school; provided, however, that the board of education
    28  shall remain the employer of  record,  and  provided  further  that  any
    29  employment  decisions of the board of education may be superseded by the
    30  receiver. It shall be the duty of the board of education and the  super-
    31  intendent  of  schools  to fully cooperate with the receiver and willful
    32  failure to cooperate or interference with the functions of the  receiver
    33  shall  constitute  willful neglect of duty for purposes of section three
    34  hundred six of this title. The receiver or the receiver's designee shall
    35  be an ex officio non-voting member of the board of education entitled to
    36  attend all meetings of the board of education.
    37    3. Before developing the school intervention plan, the receiver  shall
    38  consult with local stakeholders such as: (a) the board of education; (b)
    39  the  superintendent of schools; (c) the building principal; (d) teachers
    40  assigned to the school and their collective  bargaining  representative;
    41  (e)  school  administrators  assigned to the school and their collective
    42  bargaining representative; (f) parents and guardians of students attend-
    43  ing the school or their representatives; (g) representatives of applica-
    44  ble state and local social service, health and mental  health  agencies;
    45  (h) as appropriate, representatives of local career education providers,
    46  state  and  local  workforce development agencies and the local business
    47  community; (i) for elementary schools, representatives of local [prekin-
    48  dergarten] pre-kindergarten programs; (j) students attending the  school
    49  as  appropriate;  (k) as needed for middle schools, junior high schools,
    50  central schools or high schools, representatives of local higher  educa-
    51  tion  institutions;  and  (l)  the  school stakeholder team set forth in
    52  subdivision one-a of this section.
    53    4. In creating the school intervention plan, the  receiver  shall  (i)
    54  consider  the recommendations developed by the community engagement team
    55  set forth in subdivision one-a of this section; (ii) include  provisions
    56  intended  to  maximize the rapid academic achievement of students at the

        A. 7013                             5
 
     1  school; and (iii) ensure that the plan addresses school  leadership  and
     2  capacity,  school leader practices and decisions, curriculum development
     3  and  support,  teacher  practices  and  decisions,  student  social  and
     4  emotional developmental health, and family and community engagement. The
     5  receiver shall, to the extent practicable, base the plan on the findings
     6  of  any  recent  diagnostic  review or assessment of the school that has
     7  been conducted and, as applied  to  the  school,  student  outcome  data
     8  including, but not limited to: (a) student achievement growth data based
     9  on  state  measures;  (b)  other  measures  of  student achievement; (c)
    10  student promotion and graduation rates; (d) achievement and growth  data
    11  for the subgroups of students used in the state's accountability system;
    12  (e)  student  attendance;  and  (f)  long-term and short-term suspension
    13  rates.
    14    5. (a) The receiver shall include the following in the  school  inter-
    15  vention  plan: (i) measures to address social service, health and mental
    16  health needs of students in the school and their families  in  order  to
    17  help  students arrive and remain at school ready to learn; provided that
    18  this may include mental health and substance abuse screening; (ii) meas-
    19  ures to improve or expand access  to  child  welfare  services  and,  as
    20  appropriate,  services  in  the  school  community to promote a safe and
    21  secure learning environment; (iii) as applicable,  measures  to  provide
    22  greater  access to career and technical education and workforce develop-
    23  ment services provided to students in the school and their  families  in
    24  order to provide students and families with meaningful employment skills
    25  and opportunities; (iv) measures to address achievement gaps for English
    26  language learners, students with disabilities and economically disadvan-
    27  taged  students,  as  applicable; (v) measures to address school climate
    28  and positive behavior  support,  including  mentoring  and  other  youth
    29  development  programs;  and  (vi)  a  budget for the school intervention
    30  plan.
    31    (b) As necessary,  the  commissioner  and  the  commissioners  of  the
    32  department  of  health,  the office of children and family services, the
    33  department of labor and other applicable state and local social service,
    34  health, mental health  and  child  welfare  officials  shall  coordinate
    35  regarding  the implementation of the measures described in subparagraphs
    36  (i) through (iii) of paragraph (a) of this subdivision that are included
    37  in the school intervention plan and  shall,  subject  to  appropriation,
    38  reasonably  support such implementation consistent with the requirements
    39  of state and federal law applicable to the relevant programs  that  each
    40  such  official  is  responsible  for  administering, and grant [failing]
    41  struggling schools priority in competitive grants, as  allowable  before
    42  and during the period of receivership.
    43    6.  In  order  to assess the school across multiple measures of school
    44  performance and student success,  the  school  intervention  plan  shall
    45  include  measurable  annual  goals  including,  but  not limited to, the
    46  following: (a) student attendance; (b) student discipline including  but
    47  not  limited  to  short-term and long-term suspension rates; (c) student
    48  safety; (d) student promotion and graduation  and  drop-out  rates;  (e)
    49  student  achievement and growth on state measures; (f) progress in areas
    50  of academic  underperformance;  (g)  progress  among  the  subgroups  of
    51  students  used  in  the  state's accountability system; (h) reduction of
    52  achievement gaps among specific groups of students; (i)  development  of
    53  college  and  career  readiness,  including at the elementary and middle
    54  school levels; (j) parent and family engagement; (k) building a  culture
    55  of  academic  success  among students; (l) building a culture of student
    56  support and success among faculty and staff; (m)  using  developmentally

        A. 7013                             6
 
     1  appropriate child assessments from pre-kindergarten through third grade,
     2  if  applicable,  that  are  tailored to the needs of the school; and (n)
     3  measures of student learning.
     4    7.  (a) Notwithstanding any general or special law to the contrary, in
     5  creating and implementing the school  intervention  plan,  the  receiver
     6  shall,  after  consulting with stakeholders and the community engagement
     7  team, convert schools to community schools to provide  expanded  health,
     8  mental health and other services to the students and their families.
     9  In addition, the receiver may: (i) review and if necessary expand, alter
    10  or replace the curriculum and program offerings of the school, including
    11  the  implementation  of  research-based  early  literacy programs, early
    12  interventions for struggling readers and the teaching of advanced place-
    13  ment courses or other rigorous nationally or internationally  recognized
    14  courses,  if  the school does not already have such programs or courses;
    15  (ii) replace teachers and administrators,  including  school  leadership
    16  who are not appropriately certified or licensed; (iii) increase salaries
    17  of  current  or  prospective  teachers and administrators to attract and
    18  retain high-performing teachers and administrators; (iv) establish steps
    19  to improve hiring, induction, teacher evaluation, professional  develop-
    20  ment,  teacher advancement, school culture and organizational structure;
    21  (v) reallocate the uses of the  existing  budget  of  the  school;  (vi)
    22  expand  the school day or school year or both of the school; (vii) for a
    23  school that offers the first grade, add  pre-kindergarten  and  full-day
    24  kindergarten  classes, if the school does not already have such classes;
    25  (viii) in accordance with paragraphs (b) and (c) of this subdivision, to
    26  abolish the positions of all members of the teaching and  administrative
    27  and  supervisory  staff  assigned to the [failing] struggling or persis-
    28  tently [failing] struggling school and terminate the employment  of  any
    29  building  principal  assigned  to  such a school, and require such staff
    30  members to reapply for their positions in the school if they so  choose;
    31  (ix)  include a provision of a job-embedded professional development for
    32  teachers at the school, with an  emphasis  on  strategies  that  involve
    33  teacher input and feedback; (x) establish a plan for professional devel-
    34  opment  for administrators at the school, with an emphasis on strategies
    35  that develop leadership skills and use the  principles  of  distributive
    36  leadership; and/or (xi) order the conversion of a school in receivership
    37  that  has been designated as [failing] struggling or persistently [fail-
    38  ing] struggling pursuant to this section into a charter school, provided
    39  that such conversion shall be subject to article fifty-six of this chap-
    40  ter and provided further that such charter conversion school shall oper-
    41  ate pursuant to such article and  provided  further  that  such  charter
    42  conversion  school  shall  operate  consistent  with a community schools
    43  model and provided further that such conversion charter school shall  be
    44  subject  to the provisions in subdivisions three, four, five, six, nine,
    45  ten, eleven, twelve and thirteen of this section.
    46    (b) Notwithstanding any other provision of law, rule or regulation  to
    47  the contrary, upon designation of any school of the school district as a
    48  [failing]  struggling or persistently [failing] struggling school pursu-
    49  ant to this section, the abolition of positions of members of the teach-
    50  ing and administrative and supervisory staff of the school shall  there-
    51  after  be  governed  by the applicable provisions of section twenty-five
    52  hundred ten, twenty-five hundred eighty-five, twenty-five hundred eight-
    53  y-eight or three thousand thirteen of this chapter as modified  by  this
    54  paragraph.  A  classroom  teacher or building principal who has received
    55  two or more composite ratings of ineffective on an  annual  professional
    56  performance  review  shall  be  deemed not to have rendered faithful and

        A. 7013                             7
 
     1  competent service within the meaning of section twenty-five hundred ten,
     2  twenty-five hundred eighty-five,  twenty-five  hundred  eighty-eight  or
     3  three  thousand thirteen of this chapter. When a position of a classroom
     4  teacher  or building principal is abolished, the services of the teacher
     5  or administrator or supervisor within the tenure area  of  the  position
     6  with  the  lowest rating on the most recent annual professional perform-
     7  ance review shall be discontinued, provided that  seniority  within  the
     8  tenure  area  of  the  position  shall be used solely to determine which
     9  position should be discontinued in the event of a tie.
    10    (c) The receiver may abolish the positions of all teachers  and  peda-
    11  gogical  support  staff,  administrators  and  pupil  personnel  service
    12  providers assigned to a school designated  as  [failing]  struggling  or
    13  persistently  [failing]  struggling pursuant to this section and require
    14  such staff members to reapply for new positions if they so choose.   The
    15  receiver  shall  define  new  positions  for the school aligned with the
    16  school intervention plan,  including  selection  criteria  and  expected
    17  duties  and  responsibilities  for each position. For administrators and
    18  pupil  personnel  service  providers,  the  receiver  shall  have   full
    19  discretion  over  all such rehiring decisions. For teachers and pedagog-
    20  ical support staff, the receiver  shall  convene  a  staffing  committee
    21  including  the receiver, two appointees of the receiver and two appoint-
    22  ees selected by the school staff or their  collective  bargaining  unit.
    23  The  staffing committee will determine whether former school staff reap-
    24  plying for positions are qualified for the new positions.  The  receiver
    25  shall  have  full discretion regarding hiring decisions but must fill at
    26  least fifty percent of the newly defined positions with the most  senior
    27  former  school  staff who are determined by the staffing committee to be
    28  qualified. Any remaining vacancies shall be filled by  the  receiver  in
    29  consultation  with  the  staffing  committee.  Notwithstanding any other
    30  provision of law to the contrary, a member of the teaching and  pedagog-
    31  ical  support,  administrative,  or pupil personnel service staff who is
    32  not rehired pursuant to this paragraph shall not have any right to  bump
    33  or  displace  any  other  person  employed by the district, but shall be
    34  placed on a preferred eligibility list in accordance with the applicable
    35  provisions of  section  twenty-five  hundred  ten,  twenty-five  hundred
    36  eighty-five, twenty-five hundred eighty-eight or three thousand thirteen
    37  of this chapter. Teachers rehired pursuant to this paragraph shall main-
    38  tain  their  prior status as tenured or probationary, and a probationary
    39  teacher's probation period shall not be changed.
    40    (d) For a school with  English  language  learners,  the  professional
    41  development and planning time for teachers and administrators identified
    42  in  clauses  (vi) and (vii) of the closing paragraph of paragraph (a) of
    43  this subdivision, shall include specific strategies and content designed
    44  to maximize the rapid academic achievement of the English language lear-
    45  ners.
    46    8. (a) In order to maximize the rapid achievement of students  at  the
    47  applicable school, the receiver may request that the collective bargain-
    48  ing  unit  or  units  representing  teachers  and administrators and the
    49  receiver, on behalf of the board of education, negotiate a  receivership
    50  agreement  that  modifies the applicable collective bargaining agreement
    51  or agreements with  respect  to  any  [failing]  struggling  schools  in
    52  receivership  applicable during the period of receivership.  The receiv-
    53  ership agreement may address the following subjects: the length  of  the
    54  school  day; the length of the school year; professional development for
    55  teachers and administrators; class size; and changes  to  the  programs,
    56  assignments,  and teaching conditions in the school in receivership. The

        A. 7013                             8
 
     1  receivership agreement shall not provide for any  reduction  in  compen-
     2  sation unless there shall also be a proportionate reduction in hours and
     3  shall  provide  for  a  proportionate increase in compensation where the
     4  length  of  the  school day or school year is extended. The receivership
     5  agreement shall not alter the remaining terms of the existing/underlying
     6  collective bargaining agreement which shall remain in effect.
     7    (b) The bargaining shall be conducted between  the  receiver  and  the
     8  collective  bargaining  unit  in good faith and completed not later than
     9  thirty days from the point at which  the  receiver  requested  that  the
    10  bargaining  commence.  The  agreement  shall  be subject to ratification
    11  within ten business days by the bargaining unit members in  the  school.
    12  If the parties are unable to reach an agreement within thirty days or if
    13  the agreement is not ratified within ten business days by the bargaining
    14  unit members of the school, the parties shall submit any remaining unre-
    15  solved  issues  to  the  commissioner  who  shall resolve any unresolved
    16  issues within five days, in accordance with standard collective bargain-
    17  ing principles.
    18    (c) For purposes only for schools designated as  [failing]  struggling
    19  pursuant  to  subparagraph  (ii)  of paragraph (c) of subdivision one of
    20  this section, bargaining shall be conducted between the receiver and the
    21  collective bargaining unit in good faith and completed  not  later  than
    22  thirty  days  from  the  point  at which the receiver requested that the
    23  bargaining commence. The agreement  shall  be  subject  to  ratification
    24  within  ten  business days by the bargaining unit members of the school.
    25  If the parties are unable to reach an agreement within thirty days or if
    26  the agreement is not ratified within ten business days by the bargaining
    27  unit members of the school, a conciliator shall be selected through  the
    28  American  Arbitration  Association,  who  shall forthwith forward to the
    29  parties a list of three conciliators, each of whom  shall  have  profes-
    30  sional  experience in elementary and secondary education, from which the
    31  parties may agree upon a single conciliator provided, however,  that  if
    32  the  parties  cannot  select  a  conciliator from among the three within
    33  three business days, the American Arbitration Association shall select a
    34  conciliator from the list of names within  one  business  day,  and  the
    35  conciliator shall resolve all outstanding issues within five days. After
    36  such  five  days,  if  any  unresolved  issues remain, the parties shall
    37  submit such issues to the commissioner who  shall  resolve  such  issues
    38  within  five  days,  in  accordance  with standard collective bargaining
    39  principles.
    40    9. A final school intervention plan shall be submitted to the  commis-
    41  sioner  for approval and, upon approval, shall be issued by the receiver
    42  within six months of the receiver's appointment. A  copy  of  such  plan
    43  shall  be  provided  to  the  board  of education, the superintendent of
    44  schools and the collective bargaining representatives  of  teachers  and
    45  administrators of the school district. The plan shall be publicly avail-
    46  able  and  shall  be  posted  on the department's website and the school
    47  district's website, and the school  district  shall  provide  notice  to
    48  parents of such school intervention plan and its availability.
    49    10.  Each school intervention plan shall be authorized for a period of
    50  not more than three years. The receiver may  develop  additional  compo-
    51  nents  of  the plan and shall develop annual goals for each component of
    52  the plan in a manner consistent with this section, all of which must  be
    53  approved  by  the  commissioner.  The  receiver shall be responsible for
    54  meeting the goals of the school intervention plan.
    55    11. The receiver shall provide a written report to the board of educa-
    56  tion, the commissioner, and the board of regents on a quarterly basis to

        A. 7013                             9
 
     1  provide specific information about the progress being made on the imple-
     2  mentation of the school intervention plan. One of the quarterly  reports
     3  shall  be  the annual evaluation of the intervention plan under subdivi-
     4  sion twelve of this section.
     5    12.  (a)  The commissioner shall, in consultation and cooperation with
     6  the district  and  the  school  staff,  evaluate  each  school  with  an
     7  appointed  receiver  at  least  annually.  The purpose of the evaluation
     8  shall be to determine whether the school has met the annual goals in its
     9  school intervention plan and to assess the implementation of the plan at
    10  the school. The evaluation shall be in writing and shall be submitted to
    11  the superintendent and the board of education not later  than  September
    12  first  for  the preceding school year. The evaluation shall be submitted
    13  in a format determined by the commissioner.
    14    (b) If the commissioner determines that the school has met the  annual
    15  performance goals stated in the school intervention plan, the evaluation
    16  shall  be  considered  sufficient  and  the implementation of the school
    17  intervention plan shall continue. If the  commissioner  determines  that
    18  the  school  has not met one or more goals in the plan, the commissioner
    19  may require modification of the plan.
    20    13. Upon the expiration of a school intervention  plan  for  a  school
    21  with  an appointed receiver, the commissioner, in consultation and coop-
    22  eration with the district, shall conduct an evaluation of the school  to
    23  determine whether the school has improved sufficiently, requires further
    24  improvement  or  has failed to improve. On the basis of such review, the
    25  commissioner, in consultation and cooperation with  the  district,  may:
    26  (a)  renew  the  plan  with the receiver for an additional period of not
    27  more than three years; (b) if the [failing] struggling  or  persistently
    28  [failing]  struggling  school remains [failing] struggling and the terms
    29  of the plan have not been substantially met, terminate the contract with
    30  the receiver and appoint a new  receiver;  or  (c)  determine  that  the
    31  school has improved sufficiently for the designation of [failing] strug-
    32  gling or persistently [failing] struggling to be removed.
    33    14. Nothing in this section shall prohibit the commissioner or a local
    34  district  from  closing  a  school  pursuant  to  the regulations of the
    35  commissioner.
    36    15. The commissioner shall be authorized to adopt regulations to carry
    37  out the provisions of this section.
    38    16. The commissioner shall report annually to  the  governor  and  the
    39  legislature on the implementation and fiscal impact of this section. The
    40  report  shall  include,  but  not  be  limited to, a list of all schools
    41  currently designated as [failing] struggling or  persistently  [failing]
    42  struggling  and  the  strategies used in each of the schools to maximize
    43  the rapid academic achievement of students.
    44    17. The commissioner shall provide any relevant data that is needed to
    45  implement and comply with the requirements of the chapter of the laws of
    46  two thousand fifteen which added this section  to  any  school  district
    47  that  has  a  school  or  schools  designated as [failing] struggling or
    48  persistently [failing] struggling pursuant to  this  section  by  August
    49  fifteenth  of  each  year,  to the fullest extent practicable.  Provided
    50  that the commissioner shall provide guidance to districts and may estab-
    51  lish a model intervention plan. And provided further, that  the  commis-
    52  sioner  shall make available to the public any school intervention plan,
    53  or other department-approved intervention model or comprehensive  educa-
    54  tion  plan  of  a  school  or  district  provided that such measures are
    55  consistent with all federal and state privacy laws.
    56    § 2. This act shall take effect immediately.
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