S06687 Summary:

BILL NOS06687
 
SAME ASSAME AS A08319
 
SPONSORFLANAGAN
 
COSPNSRCARLUCCI
 
MLTSPNSR
 
Add S211-f, Ed L
 
Relates to intervention in chronically underperforming school districts, directs the development of a plan for school districts in academic or fiscal at-risk status and provides for the appointment of an education oversight board in cases where a district is found to be chronically underperforming.
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S06687 Actions:

BILL NOS06687
 
03/09/2012REFERRED TO EDUCATION
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S06687 Floor Votes:

There are no votes for this bill in this legislative session.
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S06687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6687
 
                    IN SENATE
 
                                      March 9, 2012
                                       ___________
 
        Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
          Department) -- 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 intervention in chron-
          ically underperforming school districts
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section  211-f
     2  to read as follows:
     3    § 211-f. Intervention in chronically underperforming school districts.
     4  1. Stage one academic and/or fiscal at-risk status.
     5    a.  The  commissioner  shall  identify  as being in stage one academic
     6  and/or fiscal at-risk status a school district:  (i)  that  has  been  a
     7  district  requiring  academic  progress  pursuant  to paragraph seven of
     8  subdivision (p) of section 100.2 of title eight of the  New  York  state
     9  codes,  rules and regulations for at least three school years and/or has
    10  one or more schools identified as a persistently lowest-achieving school
    11  or a school under registration review; and/or (ii) in which the board of

    12  education has failed to exercise appropriate fiscal  management  of  the
    13  school  district by failing to take actions necessary to keep the school
    14  district budget in balance and/or maintain an appropriate  fund  balance
    15  for a period of at least two school years; provided that, in the case of
    16  a  school district that meets the criteria for stage one academic and/or
    17  fiscal at-risk status and has been designated as  a  district  requiring
    18  academic  progress  for eight or more years and has nine or more schools
    19  identified as persistently lowest-achieving  schools  or  schools  under
    20  registration  review,  the  commissioner  may  immediately identify such
    21  district as being in  stage  two  academic  and/or  fiscal  intervention

    22  status pursuant to subdivision two of this section.
    23    b. Within ninety days of identification as being in stage one academic
    24  and/or  fiscal at-risk status, a school district shall develop a plan or
    25  include in any existing state approved plan specific,  measurable  goals
    26  designed  to  remove  the district from stage one academic and/or fiscal
    27  at-risk status. For districts identified as being in stage one  academic
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11971-01-1

        S. 6687                             2
 
     1  and/or fiscal at-risk status, such goals must include, where applicable,

     2  but  need  not  be  limited  to:  (i)  a plan for making adequate yearly
     3  progress on all applicable criteria and/or indicators in subdivision (p)
     4  of  section  100.2 of title eight of the New York state codes, rules and
     5  regulations or otherwise meeting the requirements of the state  account-
     6  ability  system;  (ii)  specific  education  improvement  targets  to be
     7  attained in each of the school  years  covered  by  the  plan;  (iii)  a
     8  description  of  the technical assistance and specific staff development
     9  to be provided and sustained in support of the plan; (iv) plans to main-
    10  tain balanced revenues and expenditures and an appropriate fund balance;
    11  and (v) such other goals as may be prescribed by the  commissioner.  The

    12  district  shall  submit  such plan to the commissioner for approval. The
    13  district's plan shall be developed with the assistance of a joint school
    14  intervention team appointed by the commissioner pursuant to paragraph  b
    15  of  subdivision  two of section two hundred eleven-b of this article and
    16  its implementation must be supported by  targeted  technical  assistance
    17  and  professional  development,  consistent with article fourteen of the
    18  civil service law, from an external provider approved by the commission-
    19  er at an expense to be borne by the district. The reasonable and  neces-
    20  sary  expenses  incurred  in  the performance of the joint school inter-
    21  vention team's duties shall be a charge upon the school district.

    22    c. The commissioner shall remove a district from  stage  one  academic
    23  and/or  fiscal  at-risk  status  if the district meets and maintains its
    24  plan goals for three consecutive school years. If the district fails  to
    25  meet and maintain its plan goals for three consecutive school years, the
    26  commissioner shall identify such district as being in stage two academic
    27  and/or  fiscal  intervention status, provided that the commissioner may,
    28  at any time during stage one  academic  and/or  fiscal  at-risk  status,
    29  identify  a district as being in stage two academic and/or fiscal inter-
    30  vention status where such district is found to be in noncompliance  with
    31  its  plan or is unwilling or unable to make substantial progress towards

    32  accomplishing its plan goals.
    33    2. Stage two academic and/or fiscal  intervention  status.    a.  Upon
    34  identification  of  a  school  district  as  being in stage two academic
    35  intervention status, the commissioner may appoint a distinguished educa-
    36  tor pursuant to section two hundred eleven-c  of  this  article  and/or,
    37  where  the  district  is  identified as being in stage two fiscal inter-
    38  vention status,  a  fiscal  administrator  to  monitor  and  assist  the
    39  district  in  meeting  its  plan  goals.    The reasonable and necessary
    40  expenses incurred in the performance of the duties of the  distinguished
    41  educator  and/or  fiscal administrator shall be a charge upon the school
    42  district.

    43    b. Upon appointment, the distinguished educator shall have  the  power
    44  and duty to: (i) review and monitor the district's implementation of and
    45  compliance  with  its plan; (ii) conduct an intensive review of district
    46  and school systems, structures, operations and facilities; (iii)  assess
    47  the  district's  capacity  to  promote and support teaching and learning
    48  within all schools in the  district;  (iv)  work  with  district  staff,
    49  administration  and  the  board  of  education  to  review data, analyze
    50  district and school structures, plan for improvement, assist in  target-
    51  ing  district  priorities;  (v) facilitate increased student performance
    52  across the  district;  (vi)  recommend  administrative  and  operational

    53  improvements to strengthen systems; and (vii) recommend modifications to
    54  the  district's  plan which may include such other measures as he or she
    55  deems appropriate to assist the district's progress toward  meeting  its
    56  plan goals.

        S. 6687                             3
 
     1    c. Upon appointment, the fiscal administrator shall have the power and
     2  duty  to:  (i)  review  and monitor the district's implementation of and
     3  compliance with its plan; (ii) notwithstanding any  other  provision  of
     4  law,  rule  or regulation to the contrary, approve any proposed contract
     5  or other obligation having a projected cost of fifty thousand dollars or
     6  more;  and (iii) recommend to the board of education such measures as he

     7  or she deems appropriate to assist the district's progress toward  meet-
     8  ing  its plan goals, including making recommendations concerning strate-
     9  gies to achieve cost reductions and other fiscal  efficiencies  and  all
    10  estimates  of  district  revenues to ensure the accuracy of such revenue
    11  estimates, and making findings regarding whether  the  authorization  by
    12  the  board  of education of items of expenditure, continuation of budget
    13  appropriations by the board of  education  and/or  budgeting  of  future
    14  appropriations  by  the  board  of  education  are  consistent  with the
    15  requirements of  a  balanced  budget,  an  appropriate  unreserved  fund
    16  balance in accordance with section thirteen hundred eighteen of the real

    17  property tax law and the district's plan goals.
    18    d. The distinguished educator and/or fiscal administrator shall submit
    19  periodic  reports  as  may  be  required  by  the  commissioner  on  the
    20  district's progress toward meeting its plan goals and may make recommen-
    21  dations to the commissioner, including but not limited to: (i) that  the
    22  commissioner  order  the  board  of education to require training and/or
    23  professional development for the board, district officers and/or  staff,
    24  as  appropriate,  consistent  with article fourteen of the civil service
    25  law; and/or (ii) that the commissioner order the implementation of other
    26  measures as appropriate to assist the district in implementing its  plan

    27  and  meeting its plan goals; and/or (iii) that the commissioner identify
    28  the district as potentially being in stage three academic and/or  fiscal
    29  restructuring status.
    30    e.  The  commissioner  shall remove a district from stage two academic
    31  and/or fiscal intervention status if it meets  and  maintains  its  plan
    32  goals  for three consecutive school years. If the district fails to meet
    33  and maintain its plan goals for  three  consecutive  school  years,  the
    34  commissioner  shall identify such district as potentially being in stage
    35  three academic and/or fiscal restructuring  status,  provided  that  the
    36  commissioner  may  at  any  time during stage two academic and/or fiscal
    37  intervention status identify a district as potentially  being  in  stage

    38  three academic and/or fiscal restructuring status where such district is
    39  found  to be in noncompliance with its plan or is unwilling or unable to
    40  make substantial progress towards accomplishing its plan goals.
    41    3. Stage three academic and/or fiscal restructuring status:   appoint-
    42  ment  of  an  education  oversight  board.   a. Upon identification of a
    43  school district as potentially being  in  stage  three  academic  and/or
    44  fiscal restructuring status, the commissioner shall appoint an independ-
    45  ent  review  team  to  assess  the  reasons for the district's potential
    46  academic and/or  fiscal  restructuring  status  and  the  prospects  for
    47  improvement and report to the board of regents.

    48    b.  In  the  event that the independent review team concludes that the
    49  board of education's  actions  and/or  omissions  have  interfered  with
    50  implementation  of the district's plan, the board of regents may declare
    51  that problems in governance are a substantial factor in  the  district's
    52  chronic underperformance and that the district is in stage three academ-
    53  ic  and/or  fiscal  restructuring status. Upon issuance of such declara-
    54  tion, the board of regents shall appoint a three member team to serve on
    55  an education oversight board for the school district, which  shall  have
    56  all the powers and duties of the board of education. Upon appointment of

        S. 6687                             4
 

     1  an  education  oversight  board,  all  members of the board of education
     2  shall be removed from office and no new board members may be elected  or
     3  appointed  while  the  education  oversight board is in place. Where the
     4  independent  review  team so recommends and the board of regents accepts
     5  such recommendation, the superintendent of schools shall vacate  his  or
     6  her  office  and be deemed removed for cause and the education oversight
     7  board shall appoint a new superintendent of schools.
     8    c. In the event that the independent review  team  does  not  conclude
     9  that  the  board of education's actions and/or omissions have interfered
    10  with implementation of the district's plan or the board of regents  does

    11  not  declare that problems in governance are a substantial factor in the
    12  district's chronic underperformance, the district shall return to  stage
    13  two  academic and/or fiscal intervention status until it meets and main-
    14  tains its plan goals  for  three  consecutive  school  years.  When  the
    15  district  returns  to  stage  two  academic  and/or  fiscal intervention
    16  status, the distinguished educator and/or fiscal administrator may  make
    17  recommendations  for  additional measures the district must implement to
    18  assist its progress toward meeting and maintaining its plan goals.
    19    d. Notwithstanding any other provision of law, rule or  regulation  to
    20  the  contrary, where the commissioner removes at least a majority of the

    21  members of a board of education pursuant to section three hundred six of
    22  this title, the board of regents may declare that  the  district  is  in
    23  stage  three  academic  and/or fiscal restructuring status and appoint a
    24  three member team to serve on  an  education  oversight  board  for  the
    25  school district pursuant to this subdivision.
    26    e.  At  least once every four years, the commissioner shall appoint an
    27  independent review team to evaluate  and  make  recommendations  to  the
    28  board  of  regents on the effectiveness of the education oversight board
    29  and the need, if any, to continue to have an education  oversight  board
    30  in  place.  If  the  board of regents determines that continuation of an

    31  education oversight board is necessary, they may  reappoint  members  of
    32  the  oversight  board  or appoint a new oversight board pursuant to this
    33  subdivision. If the board of regents determines that continuation of  an
    34  education  oversight board is not necessary and that the education over-
    35  sight board should be eliminated, the commissioner shall  order  that  a
    36  special  election  be held and when all such newly elected board members
    37  take office, the appointment of  the  education  oversight  board  shall
    38  terminate.
    39    f.  At any time after the appointment of an education oversight board,
    40  twenty-five qualified voters, or five percent of the  number  of  voters
    41  who  voted  at  the  last election of members of the board of education,

    42  whichever is greater, may petition the commissioner for a  determination
    43  whether  the appointment of an education oversight board should be modi-
    44  fied or eliminated and whether the  school  district  is  no  longer  in
    45  academic  and/or  fiscal  status.  The determination of the commissioner
    46  shall be subject to review by the board of  regents.  If  the  board  of
    47  regents  determines  that the education oversight board should be elimi-
    48  nated, the commissioner shall order that a special election be held  and
    49  when  all  such newly elected board members take office, the appointment
    50  of the education oversight board shall terminate.
    51    g. For purposes of  this  section,  "school  district"  shall  mean  a

    52  common,  union  free,  central,  central  high  school  or  city  school
    53  district, other than a city school district in a  city  having  a  popu-
    54  lation of one million or more.

        S. 6687                             5
 
     1    h. The commissioner is authorized to promulgate any regulations and to
     2  take  any  other  measures necessary to implement the provisions of this
     3  section.
     4    § 2. This act shall take effect immediately.
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