STATE OF NEW YORK
________________________________________________________________________
5648
2011-2012 Regular Sessions
IN SENATE
June 8, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to assessments of the
persistently lowest achieving schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 42 to read as follows:
3 42. The commissioner, in conjunction with a local school district,
4 shall conduct an assessment of any school identified as persistently
5 lowest achieving or is deemed a school under registration review. This
6 assessment is to determine what factors caused the school to be identi-
7 fied as persistently lowest achieving or deemed a school under registra-
8 tion review, as well as identifies corrective measures needed. The
9 assessment shall include, but not be limited to: a review of student
10 placement polices set by the local school district; student enrollment
11 and percentage of all subgroups; district resources; the number of
12 admissions within the year; and, professional development plans and
13 their implementation. This assessment shall be done before implementa-
14 tion of any of the turnaround intervention models authorized under regu-
15 lation. Any assessments conducted pursuant to this section shall be used
16 to evaluate the effectiveness of the affected superintendents and be
17 considered part of their reviews for contract renewal purposes.
18 § 2. Subdivision 3 of section 1711 of the education law, as amended by
19 chapter 474 of the laws of 1996, is amended to read as follows:
20 3. Such superintendent shall be under the direction of the board of
21 education, which shall prescribe his or her powers and duties, except as
22 otherwise provided in subdivision two of this section. The superinten-
23 dent shall be paid a salary, to be fixed by the board of education, and
24 he may be removed from office by a vote of the majority of all the
25 members of such board, provided, however, that a board of education may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11509-01-1
S. 5648 2
1 enter into a contract with such superintendent for a period of not less
2 than three and not more than five years, and upon such other terms as
3 shall be mutually acceptable to the parties, including but not limited
4 to, fringe benefits and procedures for termination by either party prior
5 to the expiration of the term of such contract. The services of such a
6 superintendent of schools may be discontinued at any time by a majority
7 vote of the board of education, and upon sixty days notice in writing to
8 the superintendent of schools. The other terms of any such contract,
9 including any provisions relating to an increase in salary, compensation
10 or other benefits, shall not be based on or tied to the terms of any
11 contract or collective bargaining agreement that the board of education
12 has or will enter with the teachers or other employees of the school
13 district, provided however that any assessments conducted pursuant to
14 subdivision forty-two of section three hundred five of this chapter
15 shall be used to evaluate the effectiveness of the affected superinten-
16 dents and be considered part of their reviews for contract renewal
17 purposes.
18 § 3. Subdivision 1 of section 2507 of the education law, as amended
19 by chapter 590 of the laws of 1995, is amended to read as follows:
20 1. The superintendent and any associate superintendent of schools in
21 each school district shall hold his position subject to the pleasure of
22 the board of education, except that the superintendent of schools may be
23 appointed for a term of not to exceed five years, provided that the
24 terms or provisions of any employment contract between the superinten-
25 dent and the board of education relating to an increase in salary,
26 compensation or other benefits, shall not be based on or tied to the
27 terms of any contract or collective bargaining agreement that the board
28 of education has or will enter with the teachers or other employees of
29 the school district, provided however that any assessments conducted
30 pursuant to subdivision forty-two of section three hundred five of this
31 chapter shall be used to evaluate the effectiveness of the affected
32 superintendents and be considered part of their reviews for contract
33 renewal purposes.
34 § 4. Subdivision 1 of section 2565 of the education law, as amended
35 by chapter 41 of the laws of 1996, is amended to read as follows:
36 1. The superintendent or an associate superintendent of schools of a
37 city in office on June eighth, nineteen hundred seventeen, shall hold
38 his position for the term for which he was chosen and until his succes-
39 sor is chosen. A superintendent or associate superintendent appointed
40 after such date shall hold his position in a city having a population of
41 two hundred fifty thousand or more for a period not to exceed four years
42 from the date of his appointment and in all cities subject to the pleas-
43 ure of the board of education, except that in all other cities the
44 superintendent of schools may be appointed for a term of not to exceed
45 five years, provided that the terms or provisions of any employment
46 contract between the superintendent and the board of education relating
47 to an increase in salary, compensation or other benefits, shall not be
48 based on or tied to the terms of any contract or collective bargaining
49 agreement that the board of education has or will enter with the teach-
50 ers or other employees of the school district, provided however that any
51 assessments conducted pursuant to subdivision forty-two of section three
52 hundred five of this chapter shall be used to evaluate the effectiveness
53 of the affected superintendents and be considered part of their reviews
54 for contract renewal purposes.
55 § 5. This act shall take effect immediately.
