S T A T E   O F   N E W   Y O R K
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                                  9219

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 28, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to authorizing boards  of
  cooperative  educational services to contract with charter schools; to
  clarifying that five-year charters for charter schools  comprise  five
  instructional  years; to removing the cap on the total number of char-
  ter schools in the state and eliminating the  reservation  of  charter
  schools  for  the  New  York city school district; to allowing charter
  schools to operate at more than one site; to authorizing the provision
  of facilities aid to charter schools; to expanding the pupil admission
  preference in charter schools; and to authorizing charter  schools  to
  operate  pre-kindergarten  programs  (Part  A); to amend the education
  law, in relation to mandating an immediate review of science, technol-
  ogy, engineering and mathematics regents  standards  and  establishing
  standards  that are globally competitive (Part B); to amend the educa-
  tion law, in relation to increasing the length of the evaluation peri-
  od of teacher candidates to receive tenure recommendation from 3 years
  to 6 years; to providing for  public  disclosure  of  school  district
  budgets; to requiring high school teachers to possess an undergraduate
  or  graduate  degree  in the field in which they teach and to pass the
  regents examination in that field; to  amend  the  education  law,  in
  relation  to  shifting  the  costs  associated  with the schools under
  registration review (SURR) process from the school to  the  department
  of  education  and  creating an improvement incentive fund for schools
  under registration  review;  to  establishing  a  more  stringent  and
  comprehensive  school evaluation system for grading public schools and
  universities within the state; and to establishing an educational data
  warehouse (Part C); and to amend the education  law,  in  relation  to
  providing for alternate routes of teacher certification; to increasing
  the  length  of  the  school  year  and school day; to establishing an
  incentive system for schools and teachers; and to providing the option
  of alternate assessment as a manner of earning units of  credit  (Part
  D)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14897-02-9
              

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  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
relating to the reformation of state educational standards. Each  compo-
nent  is wholly contained within a Part identified as Parts A through D.
The effective date for each particular provision contained  within  such
Part is set forth in the last section of such Part. Any provision in any
section  contained  within  a  Part, including the effective date of the
Part, which makes a reference to a section "of this act", when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  six  of  this act sets forth the general effective date of this
act.
  S 2. This act shall be known and may be cited as the "education reform
act of 2010".
  S 3. Legislative intent. The New York state public  education  system,
from  pre-kindergarten  through  university,  is  in  need of systematic
reformation. Demanding and rigorous standards and accountability  across
the  spectrum  of  schools will allow our state to become an educational
leader in the twenty-first century  and  will  drastically  improve  our
economy  by  creating  educated  citizens  more  capable of contributing
effectively and dynamically to the workforce. Additionally, such  refor-
mation  will allow New York state to qualify as a serious competitor for
the federal government's education stimulus monies, the Race to the  Top
funds.
  At  a  moment  in  our  state's history where we face the worst budget
crisis to date, we should strive to improve, compete,  and  enhance  our
economic  standing;  we  need to compete effectively for the Race to the
Top Funding and use it to implement the below reforms. Therefore, it  is
in  the  public  interest  to  implement changes to the public education
system that will enable New York and it  citizens  to  accomplish  these
goals.

                                 PART A

  Section  1.  Subparagraph 2 of paragraph h of subdivision 4 of section
1950 of the education law, as amended by chapter  474  of  the  laws  of
1996, is amended to read as follows:
  (2)  To  enter  into  contracts with the United States of America, the
State of New York, any school district, community college, public insti-
tution of higher education, independent institution of higher  education
eligible  for  aid under section sixty-four hundred one of this chapter,
CHARTER SCHOOL AUTHORIZED BY  ARTICLE  FIFTY-SIX  OF  THIS  CHAPTER,  or
public  agency  in  relation  to the program of the board of cooperative
educational services, and any such school district,  community  college,
institution  of  higher  education,  CHARTER SCHOOL, or public agency is
hereby authorized and empowered to do  and  perform  any  and  all  acts
necessary  or  convenient  in  relation  to  the performance of any such
contracts.
  S 2. Paragraph (p) of subdivision 2 of section 2851 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (p) The term of the proposed charter,  which  shall  not  exceed  five
years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS.

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  S 3. Subdivision 9 of section 2852 of the education law, as amended by
section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
  9.  [The]  THERE  SHALL  BE  NO  LIMIT ON THE total number of charters
issued pursuant to this article  [shall  not  exceed  two  hundred.  One
hundred  of  such  charters shall be issued on the recommendation of the
charter entity described  in  paragraph  (b)  of  subdivision  three  of
section  twenty-eight hundred fifty-one of this article, and one hundred
of such charters shall be issued on  the  recommendation  of  the  other
charter  entities set forth in subdivision three of section twenty-eight
hundred fifty-one of this article, provided that  up  to  fifty  of  the
additional  charters  authorized to be issued by the chapter of the laws
of two thousand seven which  amended  this  subdivision  effective  July
first,  two  thousand seven shall be reserved for a city school district
of a city having a population of one million or more].  The  failure  of
any  body  to  issue the regulations authorized pursuant to this article
shall not [effect] AFFECT the authority of a charter entity to propose a
charter to the board of regents or the board of  regents'  authority  to
grant  such  charter.  [A  conversion  of an existing public school to a
charter school or the renewal or extension of a  charter  shall  not  be
counted toward the numerical limits established by this subdivision.]
  S  4.  Paragraph (a) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (a)  Upon the approval of a charter by the board of regents, the board
of regents shall incorporate the charter school as an  education  corpo-
ration  for  a term not to exceed five years DURING WHICH INSTRUCTION IS
PROVIDED TO PUPILS.  Such certificate of incorporation shall not  modify
or limit any terms of the charter approved by the board of regents. Upon
approval  of  an  application  to  renew a charter, the board of regents
shall extend the certificate of incorporation for a term not  to  exceed
five  years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS.  Upon termi-
nation or nonrenewal of the charter of  a  charter  school  pursuant  to
section twenty-eight hundred fifty-five of this article, the certificate
of  incorporation of the charter school shall be revoked by the board of
regents pursuant to  section  two  hundred  nineteen  of  this  chapter,
provided  that  compliance  with  the notice and hearing requirements of
such section twenty-eight hundred fifty-five of this  article  shall  be
deemed  to  satisfy  the notice and hearing requirements of such section
two hundred nineteen. It shall be the duty of the trustees of the  char-
ter  school  to  obtain federal tax-exempt status no later than one year
following approval of a charter school by  the  board  of  regents.  For
purposes  of this article, "certificate of incorporation" shall mean the
provisional charter issued by the board of regents to form  the  charter
school  as  an  educational corporation pursuant to sections two hundred
sixteen and two hundred seventeen of this chapter.
  S 5. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school [or] BUT MAY BE AUTHORIZED TO
house any grade at more than one site[, provided that:
  (A) a]. A CHARTER SCHOOL HOUSING ANY GRADE AT MORE THAN ONE SITE SHALL
HAVE  EACH  SUCH  ADDITIONAL  SITE  DEEMED  AS  A CHARTER ISSUED FOR THE
PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-TWO
OF  THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A

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CHARTER ENTITY MAY APPROVE A  REVISION  TO  A  CHARTER  OR  CHARTERS  IN
ACCORDANCE   WITH   PARAGRAPH   (A)  OF  SUBDIVISION  SEVEN  OF  SECTION
TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE TO AUTHORIZE AN EDUCATION
CORPORATION  TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUD-
ING THE DISSOLUTION AND CONSOLIDATION OF EXISTING EDUCATION CORPORATIONS
OPERATING CHARTER SCHOOLS TO A SINGLE EDUCATION CORPORATION. IF A  CHAR-
TER  SCHOOL  HAS  EMPLOYEES  WHO  ARE MEMBERS OF A COLLECTIVE BARGAINING
ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  THAT
MERGES  OR  CONSOLIDATES  WITH  A CHARTER SCHOOL WHOSE EMPLOYEES ARE NOT
MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION, EMPLOYEES OF THE MERGED
OR CONSOLIDATED CHARTER  SCHOOL  SHALL  BE  MEMBERS  OF  THE  COLLECTIVE
BARGAINING  ORGANIZATION  THAT REPRESENTED LIKE POSITIONS, IF ANY, PRIOR
TO THE MERGER OR CONSOLIDATION. A charter school  may  operate  in  more
than one building at a single site; [and
  (B)]  a  charter  school which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site; AND A CHARTER SCHOOL  OPERATING  AT  MORE
THAN  ONE  SITE  BUT  WHICH  HOUSES EACH GRADE AT A SINGLE SITE SHALL BE
DEEMED TO BE OPERATING AT A SINGLE SITE.
  S 6. Paragraph (c) of subdivision 4 of section 2853 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (c) A charter school may  contract  with  a  school  district  or  the
governing body of a public college or university for the use of a school
building  and  grounds, INCLUDING the operation and maintenance thereof.
Any such contract shall provide such services  or  facilities  at  cost,
PROVIDED  THAT  A SCHOOL DISTRICT AND A CHARTER SCHOOL MAY ENTER INTO AN
AGREEMENT FOR SUCH CHARTER SCHOOL TO  PAY  UP  TO  THE  AMOUNT  PROVIDED
PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-SIX OF THIS ARTICLE FOR THE USE OF SUCH FACILITIES.
  S 7. Paragraph (b) of subdivision 2 of section 2854 of  the  education
law,  as  amended  by section 5 of part D-2 of chapter 57 of the laws of
2007, is amended to read as follows:
  (b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter  school.
The  school  shall  enroll  each  eligible  student who submits a timely
application by the first day of April each year, unless  the  number  of
applications  exceeds  the  capacity  of the grade level or building. In
such cases, students shall be accepted from among applicants by a random
selection process, provided,  however,  that  an  enrollment  preference
shall  be  provided  to  pupils  returning  to the charter school in the
second or any subsequent year of operation and pupils  residing  in  the
school  district in which the charter school is located, and siblings of
pupils already enrolled in the charter school; PROVIDED, HOWEVER, THAT A
CHARTER SCHOOL MAY ESTABLISH AN ENROLLMENT PREFERENCE FOR PUPILS  RESID-
ING  IN  SCHOOL DISTRICTS CONTIGUOUS TO THE SCHOOL DISTRICT IN WHICH THE
CHARTER SCHOOL IS LOCATED IN THE SAME MANNER TO SUCH ENROLLMENT  PREFER-
ENCE  FOR  PUPILS  RESIDING  IN THE SCHOOL DISTRICT IN WHICH THE CHARTER
SCHOOL IS LOCATED.  For the purposes of this paragraph and paragraph (a)
of this subdivision, the school district in which the charter school  is
located  shall  mean,  for  the  city school district of the city of New
York, the community district in which the charter school is located.
  S 8. Paragraph (c) of subdivision 2 of section 2854 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:

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  (c) A charter school shall serve one  or  more  of  the  grades  [one]
KINDERGARTEN  through twelve, and shall limit admission to pupils within
the grade levels served. Nothing herein shall prohibit a charter  school
from  establishing  a  [kindergarten] PRE-KINDERGARTEN program, PROVIDED
HOWEVER,  THAT  THE  STUDENTS  ENROLLED IN SUCH PRE-KINDERGARTEN PROGRAM
SHALL NOT BE INCLUDED IN THE ENROLLMENT FOR PURPOSES OF  PARAGRAPHS  (A)
AND  (B) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF
THIS ARTICLE; AND PROVIDED FURTHER, HOWEVER, THAT SUCH  PRE-KINDERGARTEN
PROGRAM  SHALL  BE ELIGIBLE FOR FUNDING IN ACCORDANCE WITH PARAGRAPH (D)
OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS
ARTICLE.
  S  9. Subdivision 1 of section 2856 of the education law is amended by
adding two new paragraphs (d) and (e) to read as follows:
  (D) THE  COMMISSIONER  SHALL  PAY  EACH  CHARTER  SCHOOL  OPERATING  A
PRE-KINDERGARTEN  PROGRAM  A  GRANT  AMOUNT  IN PROPORTION TO THE AMOUNT
COMPUTED FOR THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS  LOCATED
PURSUANT  TO SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS
CHAPTER BASED ON THE PROJECTED NUMBER OF PRE-KINDERGARTEN PUPILS  TO  BE
SERVED  BY THE CHARTER SCHOOL. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL
BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH
YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND  EVERY  TWO  MONTHS
THEREAFTER.  PAYMENTS  MADE  PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY
THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE  LEGISLATURE  FOR
THE  SUPPORT  OF  PUBLIC SCHOOLS. AMOUNTS PAYABLE TO A CHARTER SCHOOL IN
ITS FIRST YEAR OF OPERATION OF A PRE-KINDERGARTEN PROGRAM SHALL BE BASED
ON THE PROJECTIONS OF INITIAL-YEAR ENROLLMENT SET FORTH IN  THE  CHARTER
UNTIL  ACTUAL  ENROLLMENT  DATA  IS  REPORTED TO THE COMMISSIONER BY THE
CHARTER SCHOOL. SUCH PROJECTIONS SHALL BE  RECONCILED  WITH  THE  ACTUAL
ENROLLMENT  AS  ACTUAL  ENROLLMENT DATA IS SO REPORTED AND AT THE END OF
THE SCHOOL'S FIRST YEAR OF OPERATION AND EACH SUBSEQUENT YEAR BASED ON A
FINAL REPORT OF ACTUAL ENROLLMENT BY THE CHARTER SCHOOL, AND ANY  NECES-
SARY  ADJUSTMENTS  RESULTING  FROM  SUCH  FINAL  REPORT SHALL BE MADE TO
PAYMENTS DURING THE SCHOOL'S FOLLOWING YEAR OF OPERATION.
  (E) AN AMOUNT EQUAL TO FIFTEEN PER CENTUM  OF  THE  AMOUNT  CALCULATED
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION SHALL BE PAID BY THE
COMMISSIONER DIRECTLY TO  EACH  CHARTER  SCHOOL  RECEIVING  PAYMENTS  IN
ACCORDANCE  WITH  SUCH  PARAGRAPH.  PAYMENTS  PURSUANT TO THIS PARAGRAPH
SHALL BE MADE BY THE COMMISSIONER IN SIX  SUBSTANTIALLY  EQUAL  INSTALL-
MENTS  EACH  YEAR  BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY
TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE
MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE  LEGISLA-
TURE FOR THE SUPPORT OF PUBLIC SCHOOLS.
  S 10. Subdivision 1 of section 2856 of the education law, as separate-
ly  amended by chapter 4 of the laws of 1998 and section 12 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  1. (A) The enrollment of students attending charter schools  shall  be
included  in  the  enrollment,  attendance  and, if applicable, count of
students with disabilities of the school district  in  which  the  pupil
resides.  The  charter  school  shall report all such data to the school
districts of residence in a timely manner. Each  school  district  shall
report  such enrollment, attendance and count of students with disabili-
ties to the department. The  school  district  of  residence  shall  pay
directly  to the charter school for each student enrolled in the charter
school who resides in the school district an amount equal to one hundred
percent of the amount calculated pursuant to paragraph f of  subdivision
one  of  section  thirty  six hundred two of this chapter for the school

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district for the year prior to the base year increased by the percentage
change in the state total approved operating expense calculated pursuant
to subdivision eleven of section thirty six hundred two of this  chapter
from two years prior to the base year to the base year; provided, howev-
er,  that  for  the two thousand nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand  nine  school year. The school district shall also pay directly
to the charter school any federal or state aid attributable to a student
with a disability attending charter school in proportion to the level of
services for such student with a  disability  that  the  charter  school
provides  directly  or  indirectly.  Notwithstanding  anything  in  this
section to the contrary, amounts payable pursuant  to  this  subdivision
may be reduced pursuant to an agreement between the school and the char-
ter  entity  set  forth  in  the charter. Payments made pursuant to this
subdivision shall be made by the school district  in  six  substantially
equal installments each year beginning on the first business day of July
and  every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable  to  a  charter
school  in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the  charter.  Such  projections
shall  be  reconciled  with  the  actual  enrollment  at  the end of the
school's first year of operation, and any necessary adjustments shall be
made to payments during the school's second year of operation.
  (B) THE  COMMISSIONER  SHALL  PAY  EACH  CHARTER  SCHOOL  OPERATING  A
PRE-KINDERGARTEN  PROGRAM  A  GRANT  AMOUNT  IN PROPORTION TO THE AMOUNT
COMPUTED FOR THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS  LOCATED
PURSUANT  TO SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS
CHAPTER BASED ON THE PROJECTED NUMBER OF PRE-KINDERGARTEN PUPILS  TO  BE
SERVED  BY THE CHARTER SCHOOL. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL
BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH
YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND  EVERY  TWO  MONTHS
THEREAFTER.  PAYMENTS  MADE  PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY
THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE  LEGISLATURE  FOR
THE  SUPPORT  OF  PUBLIC SCHOOLS. AMOUNTS PAYABLE TO A CHARTER SCHOOL IN
ITS FIRST YEAR OF OPERATION OF A PRE-KINDERGARTEN PROGRAM SHALL BE BASED
ON THE PROJECTIONS OF INITIAL-YEAR ENROLLMENT SET FORTH IN  THE  CHARTER
UNTIL  ACTUAL  ENROLLMENT  DATA  IS  REPORTED TO THE COMMISSIONER BY THE
CHARTER SCHOOL. SUCH PROJECTIONS SHALL BE  RECONCILED  WITH  THE  ACTUAL
ENROLLMENT  AS  ACTUAL  ENROLLMENT DATA IS SO REPORTED AND AT THE END OF
THE SCHOOL'S FIRST YEAR OF OPERATION AND EACH SUBSEQUENT YEAR BASED ON A
FINAL REPORT OF ACTUAL ENROLLMENT BY THE CHARTER SCHOOL, AND ANY  NECES-
SARY  ADJUSTMENTS  RESULTING  FROM  SUCH  FINAL  REPORT SHALL BE MADE TO
PAYMENTS DURING THE SCHOOL'S FOLLOWING YEAR OF OPERATION.
  (C) AN AMOUNT EQUAL TO FIFTEEN PER CENTUM  OF  THE  AMOUNT  CALCULATED
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION SHALL BE PAID BY THE
COMMISSIONER DIRECTLY TO  EACH  CHARTER  SCHOOL  RECEIVING  PAYMENTS  IN
ACCORDANCE  WITH  SUCH  PARAGRAPH.  PAYMENTS  PURSUANT TO THIS PARAGRAPH
SHALL BE MADE BY THE COMMISSIONER IN SIX  SUBSTANTIALLY  EQUAL  INSTALL-
MENTS  EACH  YEAR  BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY
TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE
MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE  LEGISLA-
TURE FOR THE SUPPORT OF PUBLIC SCHOOLS.
  S  11. Paragraph a of subdivision 9 of section 3602-e of the education
law, as amended by section 21 of part B of chapter 57  of  the  laws  of
2008, is amended to read as follows:

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  a.  Each year, the commissioner shall determine the maximum allocation
that each district AND CHARTER  SCHOOL  would  be  eligible  to  receive
pursuant  to  this  section  in the following school year based on pupil
data on file with the commissioner on a date prescribed by  the  commis-
sioner,  and  applying  the formula specified in subdivision ten of this
section. No later than April thirtieth of the base year, the commission-
er shall notify districts AND CHARTER SCHOOLS of the maximum allocations
they may be eligible for pursuant  to  this  section  in  the  following
school  year, and such maximum allocations shall be deemed final and not
subject to change thereafter, EXCEPT AS PROVIDED  IN  PARAGRAPH  (D)  OF
SUBDIVISION  ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAP-
TER.
  S 12. Subdivision 1 of section 3602-e of the education law is  amended
by adding a new paragraph a-1 to read as follows:
  A-1.  "CHARTER  SCHOOL"  SHALL  MEAN  A  SCHOOL  AUTHORIZED BY ARTICLE
FIFTY-SIX OF THIS CHAPTER. NOTWITHSTANDING ANY PROVISION OF THIS SECTION
TO THE CONTRARY, APPROVAL OF PRE-KINDERGARTEN  PROGRAMS  OPERATED  BY  A
CHARTER  SCHOOL  SHALL  BE  MADE IN ACCORDANCE WITH SECTION TWENTY-EIGHT
HUNDRED FIFTY-TWO OF THIS CHAPTER.
  S 13. This act shall take effect April  1,  2010;  provided  that  the
amendments to subdivision 1 of section 2856 of the education law made by
section  nine  of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to subdivision  d  of  section  27  of
chapter  378  of  the  laws of 2007, as amended, when upon such date the
provisions of section ten of this act shall take effect.

                                 PART B

  Section 1. Section 211 of the education law, as added by section 1  of
part A of chapter 57 of the laws of 2007, is amended to read as follows:
  S  211.  Review  of  regents  learning standards. 1. The regents shall
periodically review and evaluate the existing regents learning standards
to determine if they should be strengthened, modified or combined so  as
to  provide  adequate opportunity for students to acquire the skills and
knowledge they need to succeed in employment or postsecondary  education
and  to function productively as civic participants upon graduation from
high school. Such review and evaluation shall be conducted upon a sched-
ule adopted by the regents, provided that a review and evaluation of the
English language arts standards shall be completed as soon as  possible,
but  no later than the end of the two thousand seven--two thousand eight
school year AND PROVIDED FURTHER THAT A REVIEW  AND  EVALUATION  OF  THE
SCIENCE,  TECHNOLOGY,  ENGINEERING AND MATH STANDARDS SHALL BE COMPLETED
AS SOON AS POSSIBLE, BUT NO LATER THAN THE END OF THE TWO THOUSAND  TEN-
-TWO THOUSAND ELEVEN SCHOOL YEAR.
  2.  In conducting such reviews, the regents shall seek the recommenda-
tions of teachers, school administrators, teacher educators  and  others
with educational expertise on improvements to the standards so that they
ensure that students are prepared, in appropriate progression, for post-
secondary education or employment.
  3.  IN  CONDUCTING REVIEWS AND EVALUATIONS OF THE SCIENCE, TECHNOLOGY,
ENGINEERING AND MATH STANDARDS, THE REGENTS SHALL  REVIEW  INTERNATIONAL
STANDARDS FOR SCIENCE, TECHNOLOGY, ENGINEERING AND MATH AND SHALL ENSURE
THAT APPROPRIATE REGENTS STANDARDS ARE SUFFICIENTLY STRINGENT TO PROMOTE
STUDENT ACHIEVEMENT AND PREPARATION FOR GLOBAL COMPETITIVENESS.
  S  2.  The  education  law is amended by adding a new section 309-b to
read as follows:

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  S 309-B. SCIENCE, TECHNOLOGY, ENGINEERING AND MATH STANDARDS. 1.   THE
COMMISSIONER  AND  THE  BOARD  OF REGENTS ARE AUTHORIZED AND DIRECTED TO
ESTABLISH AND IMPLEMENT PROGRAMS, RULES AND REGULATIONS FOR A STATE-WIDE
SYSTEM DESIGNED TO ENHANCE AND EXPAND THE PROVISION OF SCIENCE, TECHNOL-
OGY,  ENGINEERING  AND MATH (STEM) EDUCATION IN PRE-KINDERGARTEN THROUGH
TWELFTH GRADE. IN SO DOING, THE COMMISSIONER AND THE  BOARD  OF  REGENTS
SHALL  FOLLOW  INTERNATIONALLY-BENCHMARKED  STANDARDS AND ASSESSMENTS AS
PRESCRIBED BY THE FEDERAL DEPARTMENT OF EDUCATION.  FUNDING FROM  STATE,
FEDERAL,  AND PHILANTHROPIC RESOURCES THAT IS OR MAY BE TARGETED TO STEM
EDUCATION SHALL BE ALLOCATED IN A MANNER THAT  IS  CONSISTENT  WITH  THE
INTERNATIONALLY-BENCHMARKED STANDARDS AND ASSESSMENTS.
  2.  PROGRAMS AND POLICIES THAT THE DEPARTMENT AND THE BOARD OF REGENTS
SHALL CONSIDER IN DEVISING ENHANCED STEM EDUCATION  OPPORTUNITIES  SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
  A. SUPPORT FOR LOCAL, REGIONAL AND STATEWIDE NETWORKS DESIGNED TO LINK
LOWER  EDUCATION,  HIGHER EDUCATION AND INDUSTRY TO FOSTER COLLABORATION
AND PARTNERSHIPS;
  B. THE CREATION OF  ALTERNATE  ROUTES  TO  MATH  AND  SCIENCE  TEACHER
CERTIFICATION TO EXPAND THE POOL OF QUALIFIED STEM TEACHERS;
  C.  EXPANDED  STEM  OPPORTUNITIES  IN  CAREER  AND TECHNICAL EDUCATION
SCHOOLS;
  D. INCENTIVES TO PROMOTE THE CREATION OF LOCAL OR  REGIONAL  DEDICATED
STEM SCHOOLS BY INDIVIDUAL OR MULTIPLE SCHOOL DISTRICTS;
  E.  ALTERED  STUDENT  SEAT TIME REQUIREMENTS TO ENCOURAGE STEM-RELATED
INTERNSHIPS, APPRENTICESHIPS, WORK-STUDY  PROGRAMS  AND  OTHER  HANDS-ON
STEM LEARNING EXPERIENCES;
  F.  AFFORDING  STEM  INDUSTRY PROFESSIONALS THE OPPORTUNITY TO PROVIDE
CLASSROOM INSTRUCTION IN SCHOOL AND INDUSTRY SETTINGS;
  G. ALLOWING OPEN-SOURCE STEM CURRICULUM AND SUPPORT SERVICES; AND
  H. IDENTIFICATION, RE-ASSESSMENT, AND EFFECTIVE TARGETING OF  EXISTING
STEM-RELATED RESOURCES IN SUPPORT OF STATE AND LOCAL STEM GOALS.
  S  3.  The  commissioner,  or his or her designee, shall, on or before
July 1, 2011, report to the governor and the legislature  regarding  the
results  of  the  board  of regents' review of the current standards for
science, technology, engineering and math standards, together  with  the
department  of  education's  findings,  conclusions, recommendations and
progress regarding the implementation  of  internationally  bench-marked
standards  for  science, technology, engineering and math standards. The
report shall include a summary of  2009  state  standards  and  of  2009
student  achievement  as measured by both federal and state standardized
testing, and a summary of 2009  international  student  achievement,  as
measured  by federal standardized testing. The commissioner shall submit
with the report such legislative proposals as he or she deems  necessary
to  fully  implement  internationally benchmarked standards for science,
technology, engineering and math standards within the state  educational
curriculum.
  S 4. This act shall take effect April 1, 2010.

                                 PART C

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER  SHALL
PRESCRIBE  REGULATIONS  REQUIRING THAT ALL PERSONS APPLYING, ON OR AFTER
APRIL FIRST, TWO THOUSAND TEN, FOR A CERTIFICATE  OR  LICENSE  TO  BE  A
TEACHER  OF  SUBJECTS IN THE CORE AREAS OF SCIENCE, MATHEMATICS, ENGLISH

A. 9219                             9

AND HISTORY FOR GRADES NINE THROUGH TWELVE SHALL, IN ADDITION TO ALL THE
OTHER CERTIFICATION OR LICENSURE REQUIREMENTS, HAVE OBTAINED  AN  UNDER-
GRADUATE  OR GRADUATE DEGREE IN THE SUBJECT HE OR SHE SEEKS TO TEACH AND
SHALL  HAVE  PASSED  THE  REGENTS  EXAMINATION FOR THE SUBJECT HE OR SHE
SEEKS TO TEACH WITHIN TWO YEARS PRIOR TO APPLYING FOR THE CERTIFICATE OR
LICENSE. EACH APPLICANT SHALL PROVIDE THE DEPARTMENT WITH  DOCUMENTATION
SHOWING  THAT  HE  OR SHE HAS COMPLETED THE REQUIRED COURSE WORK AND HAS
TAKEN AND PASSED THE REGENTS EXAMINATION.
  S 2. Paragraphs (a) and (b) of subdivision 1 of section  3012  of  the
education  law,  paragraph  (a) as amended by chapter 737 of the laws of
1992 and paragraph (b) as amended by chapter 442 of the laws of 1980, is
amended to read as follows:
  (a) Teachers and all other members of the  teaching  staff  of  school
districts,  including  common  school  districts and/or school districts
employing fewer than eight teachers, other than city  school  districts,
shall  be appointed by the board of education, or the trustees of common
school districts, upon  the  recommendation  of  the  superintendent  of
schools,  for a probationary period of [three] SIX years, except that in
the case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years or as  a  seasonally  licensed  per
session teacher of swimming in day schools who has served in that capac-
ity  for  a period of two years and has been appointed to teach the same
subject in day schools, on an annual  salary,  the  probationary  period
shall  be  limited  to [one year] FOUR YEARS; provided, however, that in
the case of a teacher who has been appointed on tenure in another school
district within the state, the school district where currently employed,
or a  board  of  cooperative  educational  services,  and  who  was  not
dismissed  from  such  district  or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a  of  this
chapter,  the probationary period shall not exceed [two] FIVE years. The
service of a person appointed to any of such positions may be discontin-
ued at any time during such probationary period, on  the  recommendation
of  the  superintendent  of  schools, by a majority vote of the board of
education or the trustees of a common school district.
  (b) Principals, administrators, supervisors and all other  members  of
the  supervising  staff  of  school  districts,  including common school
districts and/or school districts employing fewer than  eight  teachers,
other  than  city  school  districts, shall be appointed by the board of
education, or the trustees of a common school district, upon the  recom-
mendation  of the superintendent of schools for a probationary period of
[three] SIX years. The service of a person  appointed  to  any  of  such
positions may be discontinued at any time during the probationary period
on  the  recommendation  of the superintendent of schools, by a majority
vote of the board of education  or  the  trustees  of  a  common  school
district.
  S  3. Subdivision 1 of section 3012-b of the education law, as amended
by section 1 of part C of chapter 57 of the laws of 2008, is amended  to
read as follows:
  1.  The  regents shall promulgate rules establishing minimum standards
for tenure determinations for  teachers  of  all  school  districts  and
boards  of  cooperative  educational  services whose probationary period
commences on or after July first, two thousand eight. Such  rules  shall
require  a  superintendent  of  schools  or  district  superintendent of
schools, prior to recommending tenure, to evaluate all relevant factors,
including the candidate's effectiveness over the applicable probationary
period, or over [three] SIX years in the case of  a  regular  substitute

A. 9219                            10

with  a  one-year probationary period, in contributing to the successful
academic performance of his  or  her  students,  using  a  process  that
complies with subdivision two of this section.
  S  4.  Paragraph a of subdivision 2 of section 3012-b of the education
law, as amended by section 1 of part C of chapter  57  of  the  laws  of
2008, is amended to read as follows:
  a. evaluation of the extent to which the teacher successfully utilized
analysis of available student performance data and other relevant infor-
mation  when providing instruction [but the teacher shall not be granted
or denied tenure based on student performance data];
  S 5. The education law is amended by adding a new section 3613 to read
as follows:
  S 3613. DISTRICT BUDGET DISCLOSURE. 1. NO LATER  THAN  JULY  FIRST  OF
EACH SCHOOL YEAR, EVERY SCHOOL DISTRICT ENTITLED TO APPORTIONMENT PURSU-
ANT  TO  THE  PROVISIONS  OF THIS PART SHALL DISCLOSE ON ITS WEBSITE THE
FULL COSTS OF THE DISTRICT'S BUDGET FOR THE SCHOOL  YEAR  COMMENCING  ON
JULY  FIRST  OF  THAT YEAR, AS APPROVED BY THE DEPARTMENT, INCLUDING THE
COSTS OF PHYSICAL PLANT MAINTENANCE AND IMPROVEMENTS, CONSTRUCTION PLANS
AND COLLECTIVE BARGAINING AGREEMENTS. THE DISCLOSURE SHALL:
  A. SPECIFY THE  ALLOCATION  OF  MONIES  FOR  EACH  SCHOOL  WITHIN  THE
DISTRICT;
  B.  INCLUDE  THE  COSTS AND A DESCRIPTION OF ANY INTER-DISTRICT AGREE-
MENTS, INCLUDING COSTS ASSOCIATED WITH BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES AGREEMENTS; AND
  C. INCLUDE THE COSTS AND A DESCRIPTION OF ANY MULTIPLE YEAR  CONTRACTS
AND DESCRIBE IN FULL ANY OUT-YEAR BUDGETING OF ALL COSTS AND EXPENSES.
  2.  UPON  REQUEST,  THE DISTRICT SHALL MAKE THE DISCLOSURE INFORMATION
AVAILABLE IN WRITTEN FORMAT.
  S 6. Subdivision 39 of section 305 of the education law, as amended by
section 3 of part A of chapter 57 of the laws of 2008,  is  amended  and
three new subdivisions 42, 43 and 44 are added to read as follows:
  39. The commissioner shall develop a school leadership report card and
a  separate  school  progress report card to assist boards of education,
the state and the public in assessing the performance of school leaders,
including superintendents of schools and building  principals,  and  the
schools  that they lead. The report cards shall include an assessment of
the school's progress in achieving standards of excellence.  By  January
first,  two thousand nine, the commissioner shall develop such standards
of excellence which  shall  include,  but  not  be  limited  to,  parent
involvement, curriculum, teacher quality, and accountability measures as
set forth in section two hundred eleven-a of this title. The commission-
er  shall  promulgate  regulations  requiring  the trustees or boards of
education of every common, union free, central, central high school  and
city  school district, and the chancellor of a city school district in a
city of one million or more inhabitants, to attach copies of such report
cards to the statement of estimated  expenditures  pursuant  to  section
sixteen  hundred  eight  or  seventeen  hundred sixteen of this chapter,
where applicable, and to otherwise make the report cards publicly avail-
able in the same manner as a school district report card  WITHIN  THIRTY
DAYS  OF  THE DATE UPON WHICH THE DEPARTMENT PROVIDES THE REPORT CARD TO
THE DISTRICT.
  42. THE REGENTS SHALL ESTABLISH PERFORMANCE MEASURES AND SET  PERFORM-
ANCE  STANDARDS  FOR  INDIVIDUAL  PUBLIC SCHOOLS AND COMMUNITY COLLEGES,
WITH MEASURES AND STANDARDS BASED PRIMARILY ON STUDENT ACHIEVEMENT.  THE
REGENTS  AND  THE CHANCELLOR OF THE STATE UNIVERSITY SYSTEM SHALL ESTAB-

A. 9219                            11

LISH SYSTEM-WIDE PERFORMANCE MEASURES AND SET PERFORMANCE STANDARDS  FOR
INDIVIDUAL STATE UNIVERSITIES, INCLUDING ACTUAL COMPLETION RATES.
  43.  THE  REGENTS  AND  THE  CHANCELLOR OF THE STATE UNIVERSITY SYSTEM
SHALL ESTABLISH SYSTEM-WIDE MEASURES  AND  STANDARDS  TO  PROVIDE  STATE
RESIDENTS WITH INFORMATION ON WHAT THE PUBLIC IS RECEIVING IN RETURN FOR
THE  FUNDS  IT  INVESTS  IN EDUCATION AND HOW WELL THE STATE EDUCATIONAL
SYSTEM EDUCATES ITS STUDENTS.
  44. THE COMMISSIONER SHALL IMPLEMENT AND MAINTAIN  A  SYSTEM  OF  DATA
COLLECTION  AND  ANALYSIS THAT WILL IMPROVE INFORMATION ABOUT THE EDUCA-
TIONAL SUCCESS OF INDIVIDUAL STUDENTS  AND  SCHOOLS,  INCLUDING  SCHOOLS
OPERATING  FOR THE PURPOSE OF PROVIDING EDUCATIONAL SERVICES TO YOUTH IN
DEPARTMENT OF JUVENILE JUSTICE PROGRAMS.  THE INFORMATION  AND  ANALYSES
MUST  BE  CAPABLE  OF  IDENTIFYING EDUCATIONAL PROGRAMS OR ACTIVITIES IN
NEED OF IMPROVEMENT, AND REPORTS PREPARED PURSUANT TO  THIS  SUBDIVISION
SHALL  BE DISTRIBUTED TO THE APPROPRIATE DISTRICT SCHOOL BOARDS PRIOR TO
DISTRIBUTION TO THE GENERAL PUBLIC.
  S 7. Section 211-a of the education law, as added by section 1 of part
A of chapter 57 of the laws of 2007, is amended to read as follows:
  S 211-a. Enhanced state accountability system. To more fully implement
the requirements of section one  thousand  one  hundred  eleven  of  the
elementary  and  secondary education act of nineteen hundred sixty-five,
as amended, and the federal regulations implementing such  statute,  the
regents  shall  develop  and  implement an enhanced state accountability
system that uses growth measures to the extent required by this section.
THE GOAL OF THE ACCOUNTABILITY SYSTEM SHALL BE TO  INCREASE  THE  PROFI-
CIENCY  OF ALL STUDENTS WITHIN ONE SEAMLESS, EFFICIENT SYSTEM, BY ALLOW-
ING THEM THE OPPORTUNITY TO EXPAND THEIR KNOWLEDGE  AND  SKILLS  THROUGH
LEARNING  OPPORTUNITIES  AND  RESEARCH,  AND  TO  ENSURE  THAT  NEW YORK
STUDENTS ARE PROVIDED WITH A LEVEL OF EDUCATION THAT EQUALS  OR  EXCEEDS
THAT PROVIDED BY OTHER STATES.
  1.  By  the  start of the two thousand eight--two thousand nine school
year, the regents shall establish, using existing state assessments,  an
interim,  modified  accountability system for schools and districts that
is based on a growth model, subject to approval  of  the  United  States
department  of  education where required under federal law.  THE INTERIM
SYSTEM SHALL BE IMPLEMENTED DURING THE TWO THOUSAND EIGHT--TWO  THOUSAND
NINE AND TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEARS.
  2.  The  regents  shall  proceed  with  the development of an enhanced
accountability system, with revised or new state assessments,  based  on
an  enhanced  growth  model  that, to the extent feasible and consistent
with federal law, includes a value-added assessment model that employs a
scale-score approach to measure growth of students at all  levels.  [(a)
If  the regents establish that the assessment scaling and accountability
methodology employed have been determined by external experts in  educa-
tional  testing  and measurement to be valid and reliable and in accord-
ance with established standards for educational and psychological  test-
ing,  and  (b)] PROVIDED the approval of the United States department of
education has been obtained where required by federal law, the  enhanced
growth  model  shall  be  implemented no later than the start of the two
thousand ten--two thousand eleven school year.
  3. In implementing the provisions of subdivisions one and two of  this
section,  the regents shall by July first, two thousand eight, establish
targets for improvement of schools and school districts based upon INDI-
VIDUAL STUDENT LEARNING GAINS IN  PUBLIC  SCHOOLS,  SCHOOL  GRADES,  THE
STUDENTS' READINESS TO CONTINUE THROUGH THE EDUCATIONAL SYSTEM, perform-
ance on state assessments, STUDENTS' ABILITY TO COMPETE WITH STUDENTS IN

A. 9219                            12

OTHER  STATES  AS  MEASURED BY NATIONAL STANDARDIZED TEST SCORES, gradu-
ation rates, RETURN ON INVESTMENT  OF  EDUCATIONAL  FUNDING,  and  other
indicators  of  progress,  such  as  student retention rates and college
attendance  and completion rates.  COMMENCING WITH THE TWO THOUSAND TEN-
-TWO THOUSAND ELEVEN SCHOOL YEAR, ALL TARGETS FOR IMPROVEMENT  SHALL  BE
KEYED  TO  NATIONAL SCHOLASTIC ACHIEVEMENT BENCHMARKS AS MEASURED BY THE
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP).
  4. THE ENHANCED ACCOUNTABILITY SYSTEM  SHALL  BE  ESTABLISHED  BY  THE
COMMISSIONER  WITHIN  THE  DEPARTMENT  AS  A  PERMANENT, SINGLE, UNIFIED
ACCOUNTABILITY SYSTEM WITH MULTIPLE COMPONENTS.
  5. THE ENHANCED ACCOUNTABILITY SYSTEM SHALL COMPLY WITH  THE  REQUIRE-
MENTS  OF  THE  "NO CHILD LEFT BEHIND ACT OF 2001," PUB. L. NO. 107-110,
AND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA).
  6. As used in this chapter, the following words shall have the follow-
ing meanings:
  a. "Growth model" shall mean the assessment of a cohort  of  students,
or  individual  students,  over time that measures the academic progress
made by those students.
  b. "Value added assessment model" shall mean a form  of  growth  model
that  includes  an  evaluation  of the specific effects of programs, and
other relevant factors, on the academic progress of individual  students
over time.
  S 8. Section 211-b of the education law, as added by section 1 of part
A  of  chapter  57  of the laws of 2007, is renumbered section 211-d and
amended to read as follows:
  S 211-d. Consequences for consistent lack of improvement  in  academic
performance.  In  addition  to taking appropriate action pursuant to the
regulations of the commissioner and the requirements of federal law, the
following actions  shall  be  taken  to  increase  school  and  district
accountability for academic performance:
  1. The regents shall expand the scope and improve the effectiveness of
the schools under registration review (SURR) process in the two thousand
seven--two  thousand  eight  school year and thereafter, so as to ensure
that all schools that meet the criteria for identification as SURR shall
be so identified. The goal of such expansion shall  be  to  identify  as
SURR  up  to  a total of five percent of the schools in the state within
four years, and to reorganize or restructure schools  so  identified  in
cases where such action is appropriate.  ANY SCHOOL RECEIVING A GRADE OF
D  OR  F  BY  THE  DEPARTMENT  PURSUANT TO THE PROVISIONS OF SECTION TWO
HUNDRED ELEVEN-C OF THIS PART SHALL AUTOMATICALLY BE CONSIDERED TO BE  A
SCHOOL UNDER REGISTRATION REVIEW.
  2. The regents shall develop a plan for increased support and possible
intervention  in  schools in improvement, corrective action, or restruc-
turing status or in SURR status. Notwithstanding any provision of law to
the contrary, the regents shall establish a two-step process as follows:
  a. The appointment by the commissioner of a school quality review team
to assist any school in school improvement, corrective action,  restruc-
turing  status  or  SURR  status in developing and implementing a school
improvement, corrective action, restructuring, or comprehensive plan for
the school. Such team may also conduct resource and program and planning
audits and examine the quality of curriculum, instructional  plans,  and
teaching in the schools, the learning opportunities and support services
available  to  students,  and  the  organization  and  operations of the
school. After such review, the team shall provide diagnostic recommenda-
tions for school improvement, which may include administrative and oper-
ational improvements. The recommendation of such team shall be advisory.

A. 9219                            13

The reasonable and necessary expenses incurred in the performance of the
team's official duties shall be a charge upon the [school  district,  or
charter school, where applicable, that operates the school] DEPARTMENT.
  b.  The appointment by the commissioner of a joint school intervention
team, for schools in (i) restructuring status or (ii) SURR  status  that
have  failed  to  demonstrate  progress as specified in their corrective
action plan or comprehensive education plan. Administrators  and  educa-
tors  from  the  district  or  charter  school  where applicable must be
included on the team, as well as any distinguished educator appointed to
the district pursuant to section two hundred [eleven-c] ELEVEN-E of this
part. Such team shall assist the school district in developing,  review-
ing  and  recommending  plans  for reorganizing or reconfiguring of such
schools.   The recommendations of such  team  should  be  advisory.  The
reasonable  and  necessary  expenses  incurred in the performance of the
school intervention team's official duties shall be a  charge  upon  the
[school  district, or charter school where applicable, that operates the
school] DEPARTMENT.
  3. A school district that has been identified  as  requiring  academic
progress, as defined by 100.2(p)(7) of the commissioner's regulations OR
WHICH  HAS  ACHIEVED A GRADE OF D OR F BY THE DEPARTMENT PURSUANT TO THE
PROVISIONS OF SECTION TWO HUNDRED ELEVEN-C OF THIS ARTICLE, or  includes
one  or  more schools under registration review, in need of improvement,
in corrective action or restructuring status shall be required to submit
a district improvement plan to the commissioner for approval. In  formu-
lating  the district improvement plan, the district shall consider redi-
recting resources to programs and activities included  in  the  menu  of
options  under  subdivision  three  of  section  two  hundred [eleven-d]
ELEVEN-F of this part in the schools so identified. If such options  are
not  adopted in the district improvement plan, the school district shall
provide the commissioner with an  explanation  of  such  decision  which
shall  be  considered  by  the  commissioner  in  determining whether to
approve such plan. The trustees or  board  of  education  shall  hold  a
public  hearing  before  adoption of the district improvement plan and a
transcript of the testimony at such hearing shall be  submitted  to  the
commissioner for review with the district improvement plan.
  4.  The  commissioner shall develop a plan for intervention in schools
under restructuring or SURR status that fail to demonstrate progress  on
established  performance  measures and may be targeted for closure. Such
plan shall specify criteria for school closure and include processes  to
be  followed, research based options, and alternatives and strategies to
reorganizing, restructuring or reconfiguring schools. Such plan shall be
developed with input from  educators  including,  but  not  limited  to,
administrators,  teachers  and  individuals  identified as distinguished
educators pursuant to section two hundred [eleven-c]  ELEVEN-E  of  this
part.
  5.  (a)  The regents shall ensure that all school districts include in
any contract of employment, entered into, amended, or  extended  with  a
superintendent  of  schools, community superintendent or deputy, assist-
ant, associate or other superintendent of schools who has been  or  will
be  appointed for a fixed term, a provision requiring that such contract
specify that the superintendent shall be  required  to  cooperate  fully
with  any  distinguished educator appointed by the commissioner pursuant
to section two hundred [eleven-c] ELEVEN-E of this part.
  (b) In the case of a superintendent of schools, community  superinten-
dent  or deputy, assistant, associate or other superintendent of schools
who is not appointed for a fixed term, the contract provisions contained

A. 9219                            14

in paragraph (a) of this subdivision shall be deemed to  apply  to  such
superintendent immediately.
  (c) In the case of a charter school, the contract of employment of the
principal  or  headmaster  or  other chief school officer of the charter
school that is entered into, amended or extended shall also be  required
to  include  the  provisions contained in paragraph (a) of this subdivi-
sion. In addition, such contract provisions shall  be  deemed  to  apply
immediately to any such person not appointed for a fixed term.
  6.  THE  COMMISSIONER SHALL DEVELOP A PLAN TO REWARD SCHOOLS THAT HAVE
SUCCESSFULLY COMPLETED RESTRUCTURING OR COME  OFF  OF  SURR  STATUS,  OR
ACHIEVED STANDARDS OF MEASURE AS DEEMED APPROPRIATE BY THE COMMISSIONER,
AND  SHALL  ESTABLISH  AN  IMPROVEMENT INCENTIVE FUND TO PROVIDE FOR THE
AWARD OF PERFORMANCE INCENTIVE GRANTS TO SUCH SCHOOLS. THE GRANTS  SHALL
BE  USED  TO  CONTINUE  IMPROVEMENT  EFFORTS  AND  IMPLEMENT EDUCATIONAL
PROGRAMS AT THE RECIPIENT SCHOOL, AS DEEMED APPROPRIATE BY  THE  COMMIS-
SIONER.  SUCH  PLAN  SHALL SPECIFY CRITERIA FOR THE AWARD OF A GRANT AND
INCLUDE PROCESSES TO BE FOLLOWED, AND SHALL BE DEVELOPED WITH INPUT FROM
EDUCATORS INCLUDING, BUT NOT LIMITED TO,  ADMINISTRATORS,  TEACHERS  AND
INDIVIDUALS  IDENTIFIED  AS  DISTINGUISHED EDUCATORS PURSUANT TO SECTION
TWO HUNDRED ELEVEN-E OF THIS PART.
  7.  THE COMMISSIONER SHALL OVERSEE THE PERFORMANCE OF DISTRICT  SCHOOL
BOARDS  AND  COMMUNITY  COLLEGE BOARDS OF TRUSTEES IN ENFORCEMENT OF ALL
LAWS AND RULES. DISTRICT SCHOOL BOARDS AND COMMUNITY COLLEGE  BOARDS  OF
TRUSTEES  SHALL  BE  PRIMARILY  RESPONSIBLE  FOR COMPLIANCE WITH LAW AND
STATE BOARD RULE.
  (A) IN ORDER TO ENSURE COMPLIANCE WITH LAW OR STATE  BOARD  RULE,  THE
COMMISSIONER  SHALL  HAVE  THE AUTHORITY TO REQUEST AND RECEIVE INFORMA-
TION, DATA, AND REPORTS FROM SCHOOL DISTRICTS  AND  COMMUNITY  COLLEGES.
DISTRICT  SCHOOL  SUPERINTENDENTS  AND  COMMUNITY COLLEGE PRESIDENTS ARE
RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION AND DATA REPORTED TO THE
STATE BOARD.
  (B) THE COMMISSIONER MAY INVESTIGATE ALLEGATIONS OF NONCOMPLIANCE WITH
LAW OR STATE BOARD RULE AND DETERMINE PROBABLE CAUSE.  THE  COMMISSIONER
SHALL  REQUIRE  THE  DISTRICT SCHOOL BOARD OR COMMUNITY COLLEGE BOARD OF
TRUSTEES TO DOCUMENT COMPLIANCE WITH LAW OR STATE  BOARD  RULE.  IF  THE
DISTRICT  SCHOOL  BOARD  OR  COMMUNITY  COLLEGE BOARD OF TRUSTEES CANNOT
SATISFACTORILY DOCUMENT COMPLIANCE, THE COMMISSIONER MAY  ORDER  COMPLI-
ANCE WITHIN A SPECIFIED TIMEFRAME.
  8.  IF  THE  COMMISSIONER  DETERMINES  THAT A DISTRICT SCHOOL BOARD OR
COMMUNITY COLLEGE BOARD OF TRUSTEES IS UNWILLING  OR  UNABLE  TO  COMPLY
WITH LAW OR STATE BOARD RULE WITHIN THE SPECIFIED TIME, THE COMMISSIONER
SHALL HAVE THE AUTHORITY TO INITIATE ANY OF THE FOLLOWING ACTIONS:
  (A)  REPORT  TO  THE LEGISLATURE THAT THE SCHOOL DISTRICT OR COMMUNITY
COLLEGE HAS BEEN UNWILLING OR UNABLE TO COMPLY WITH LAW OR  STATE  BOARD
RULE AND RECOMMEND ACTION TO BE TAKEN BY THE LEGISLATURE;
  (B)  REDUCE  THE DISCRETIONARY APPROPRIATION UNTIL THE SCHOOL DISTRICT
OR COMMUNITY COLLEGE COMPLIES WITH THE LAW OR STATE BOARD RULE;
  (C) WITHHOLD THE TRANSFER OF STATE FUNDS, DISCRETIONARY  GRANT  FUNDS,
OR  ANY OTHER FUNDS SPECIFIED AS ELIGIBLE FOR THIS PURPOSE BY THE LEGIS-
LATURE UNTIL THE SCHOOL DISTRICT OR COMMUNITY COLLEGE COMPLIES WITH  THE
LAW OR STATE BOARD RULE;
  (D)  DECLARE  THE  SCHOOL DISTRICT OR COMMUNITY COLLEGE INELIGIBLE FOR
COMPETITIVE GRANTS; AND
  (E) REQUIRE MONTHLY OR PERIODIC REPORTING ON THE SITUATION RELATED  TO
NONCOMPLIANCE UNTIL IT IS REMEDIED.

A. 9219                            15

  S  9.  Section  211-c of the education law is renumbered section 211-e
and subdivision 7, as added by section 1 of part A of chapter 57 of  the
laws of 2007, is amended to read as follows:
  7.  The  reasonable  and  necessary expenses incurred by the appointed
distinguished educators while performing their official duties shall  be
paid by the [school district] DEPARTMENT.
  S  10.  Section  211-d of the education law, as added by section 12 of
part A of chapter 57 of the laws of 2007, is renumbered  section  211-f,
paragraph  b  of  subdivision  2 is amended by adding a new subparagraph
(iv) and paragraph a of subdivision 4 is amended to read as follows:
  (IV) IF A SCHOOL DOES NOT MOVE  FROM  THE  LOWEST-PERFORMING  CATEGORY
DURING  THE INITIAL YEAR OF IMPLEMENTATION OF A CONTRACT FOR EXCELLENCE,
THE SCHOOL DISTRICT SHALL SUBMIT A PLAN, WHICH IS SUBJECT TO APPROVAL BY
THE DEPARTMENT, FOR IMPLEMENTING A DIFFERENT OPTION AT THE BEGINNING  OF
THE  NEXT  SCHOOL YEAR, UNLESS THE DEPARTMENT DETERMINES THAT THE SCHOOL
IS LIKELY TO MOVE FROM THE LOWEST-PERFORMING CATEGORY IF ADDITIONAL TIME
IS PROVIDED TO IMPLEMENT INTERVENTION AND SUPPORT STRATEGIES.  IN  ORDER
TO ADVANCE TO A HIGHER CATEGORY, A SCHOOL MUST MAKE SIGNIFICANT PROGRESS
BY  IMPROVING  ITS SCHOOL GRADE AND BY INCREASING STUDENT PERFORMANCE IN
MATHEMATICS AND READING.
  a. A district's contract for excellence  for  the  academic  year  two
thousand  eight--two  thousand  nine  and thereafter, shall be developed
through a public process, in consultation with  parents  or  persons  in
parental  relation,  teachers,  administrators,  and  any  distinguished
educator appointed pursuant to section two hundred  [eleven-c]  ELEVEN-E
of this chapter.
  S  11. The education law is amended by adding five new sections 211-b,
211-c, 211-g, 211-h and 211-i to read as follows:
  S 211-B. AUTHORITY  TO  ENFORCE  PUBLIC  SCHOOL  IMPROVEMENT.  1.  THE
DEPARTMENT  SHALL  HOLD ALL SCHOOL DISTRICTS AND PUBLIC SCHOOLS ACCOUNT-
ABLE FOR STUDENT PERFORMANCE. THE DEPARTMENT IS RESPONSIBLE FOR A  STATE
SYSTEM  OF SCHOOL IMPROVEMENT AND EDUCATION ACCOUNTABILITY THAT ASSESSES
STUDENT PERFORMANCE BY SCHOOL, IDENTIFIES SCHOOLS IN WHICH STUDENTS  ARE
NOT  MAKING  ADEQUATE  PROGRESS  TOWARD  STATE STANDARDS, AND INSTITUTES
APPROPRIATE MEASURES FOR ENFORCING IMPROVEMENT.
  2. THE DEPARTMENT SHALL PROVIDE FOR UNIFORM  ACCOUNTABILITY  STANDARDS
FOR  ALL  PUBLIC SCHOOLS FOR GRADES PRE-KINDERGARTEN THROUGH UNIVERSITY,
AND SHALL PROVIDE ASSISTANCE OF ESCALATING INTENSITY  TO  LOW-PERFORMING
SCHOOLS,  DIRECT  SUPPORT  TO  SCHOOLS  IN  ORDER TO IMPROVE AND SUSTAIN
PERFORMANCE, FOCUS ON THE PERFORMANCE OF STUDENT SUBGROUPS, AND  ENHANCE
STUDENT PERFORMANCE.
  3. EACH SCHOOL DISTRICT SHALL BE ACCOUNTABLE FOR IMPROVING THE ACADEM-
IC  ACHIEVEMENT  OF  ALL STUDENTS AND FOR IDENTIFYING AND TURNING AROUND
LOW-PERFORMING SCHOOLS IN THE DISTRICT.
  4. FOR THE PURPOSE OF DETERMINING WHETHER  A  PUBLIC  SCHOOL  REQUIRES
ACTION  TO ACHIEVE A SUFFICIENT LEVEL OF SCHOOL IMPROVEMENT, THE DEPART-
MENT SHALL ANNUALLY CATEGORIZE A PUBLIC SCHOOL IN ONE OF SIX  CATEGORIES
BASED ON THE SCHOOL'S GRADE, AND THE LEVEL AND RATE OF CHANGE IN STUDENT
PERFORMANCE  IN THE AREAS OF READING AND MATHEMATICS, DISAGGREGATED INTO
STUDENT SUBGROUPS AS DESCRIBED IN THE FEDERAL ELEMENTARY  AND  SECONDARY
EDUCATION ACT, 20 U.S.C.  S 6311(B)(2)(C)(V)(II).
  5. APPROPRIATE INTERVENTION AND SUPPORT STRATEGIES SHALL BE APPLIED TO
SCHOOLS THAT REQUIRE ACTION TO ACHIEVE A SUFFICIENT LEVEL OF IMPROVEMENT
AS  DESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION. THE INTERVENTION AND
SUPPORT STRATEGIES MUST ADDRESS STUDENT PERFORMANCE, INCLUDING, BUT  NOT
LIMITED TO, IMPROVEMENT PLANNING, LEADERSHIP QUALITY IMPROVEMENT, EDUCA-

A. 9219                            16

TOR  QUALITY IMPROVEMENT, PROFESSIONAL DEVELOPMENT, CURRICULUM ALIGNMENT
AND PACING, AND THE USE OF CONTINUOUS IMPROVEMENT AND  MONITORING  PLANS
AND  PROCESSES.  THE  DEPARTMENT MAY PRESCRIBE REPORTING REQUIREMENTS TO
REVIEW  AND  MONITOR  THE  PROGRESS OF THE SCHOOLS. THE DEPARTMENT SHALL
CREATE A MATRIX THAT REFLECTS INTERVENTION  AND  SUPPORT  STRATEGIES  TO
ADDRESS THE PARTICULAR NEEDS OF SCHOOLS IN EACH CATEGORY.
  (A)  INTERVENTION  AND  SUPPORT STRATEGIES SHALL BE APPLIED TO SCHOOLS
BASED UPON THE SCHOOL CATEGORIZATION AS PROVIDED IN SECTION TWO  HUNDRED
ELEVEN-C  OF  THIS  PART.  THE  DEPARTMENT  SHALL APPLY THE MOST INTENSE
INTERVENTION STRATEGIES TO THE LOWEST-PERFORMING SCHOOLS.   FOR ALL  BUT
THE  LOWEST  CATEGORY AND "F" SCHOOLS IN THE SECOND LOWEST CATEGORY, THE
INTERVENTION AND SUPPORT STRATEGIES SHALL BE ADMINISTERED SOLELY BY  THE
DISTRICTS AND THE SCHOOLS.
  (B) THE LOWEST-PERFORMING SCHOOLS ARE SCHOOLS THAT HAVE RECEIVED:
  (1)  A  GRADE OF "F" IN THE MOST RECENT SCHOOL YEAR AND IN FOUR OF THE
LAST SIX YEARS; OR
  (2) A GRADE OF "D" OR "F" IN THE MOST RECENT SCHOOL YEAR AND  MEET  AT
LEAST THREE OF THE FOLLOWING CRITERIA:
  (A)  THE  PERCENTAGE OF STUDENTS WHO ARE NOT PROFICIENT IN READING HAS
INCREASED WHEN COMPARED TO MEASUREMENTS TAKEN FIVE YEARS PREVIOUS;
  (B) THE PERCENTAGE OF STUDENTS WHO ARE NOT PROFICIENT  IN  MATHEMATICS
HAS INCREASED WHEN COMPARED TO MEASUREMENTS TAKEN FIVE YEARS PREVIOUS;
  (C)  AT  LEAST  SIXTY-FIVE  PERCENT  OF  THE SCHOOL'S STUDENTS ARE NOT
PROFICIENT IN READING; OR
  (D) AT LEAST SIXTY-FIVE PERCENT  OF  THE  SCHOOL'S  STUDENTS  ARE  NOT
PROFICIENT IN MATHEMATICS.
  6.  IN  THE  SCHOOL  YEAR  AFTER A SCHOOL IS INITIALLY IDENTIFIED AS A
SCHOOL IN THE  LOWEST-PERFORMING  CATEGORY,  THE  SCHOOL  DISTRICT  MUST
SUBMIT  TO  THE  DEPARTMENT AND COMPLY WITH A CONTRACT FOR EXCELLENCE AS
PROVIDED IN SECTION TWO HUNDRED ELEVEN-F OF THIS ARTICLE.
  S 211-C. SCHOOL GRADING SYSTEM.  1.  THE  COMMISSIONER  SHALL  PREPARE
ANNUAL  REPORTS OF THE RESULTS OF THE STATEWIDE ASSESSMENT PROGRAM WHICH
DESCRIBE STUDENT ACHIEVEMENT IN  THE  STATE,  EACH  DISTRICT,  AND  EACH
SCHOOL  FOR  GRADES  KINDERGARTEN THROUGH TWELVE. THE COMMISSIONER SHALL
PRESCRIBE THE DESIGN AND CONTENT OF THESE REPORTS, WHICH  MUST  INCLUDE,
WITHOUT  LIMITATION,  DESCRIPTIONS  OF  THE  PERFORMANCE  OF ALL SCHOOLS
PARTICIPATING IN THE ASSESSMENT PROGRAM AND ALL OF THEIR  MAJOR  STUDENT
POPULATIONS  AS  DETERMINED  BY THE COMMISSIONER, AND SHALL ALSO INCLUDE
THE MEDIAN SCORES OF ALL ELIGIBLE STUDENTS  WHO  SCORED  AT  OR  IN  THE
LOWEST TWENTY-FIFTH PERCENTILE OF THE STATE IN THE PREVIOUS SCHOOL YEAR.
  2.  THE  ANNUAL  REPORT  SHALL  IDENTIFY  SCHOOLS AS HAVING ONE OF THE
FOLLOWING GRADES, DEFINED ACCORDING TO RULES OF THE DEPARTMENT:
  (A) "A" SCHOOLS MAKING EXCELLENT PROGRESS;
  (B) "B" SCHOOLS MAKING ABOVE AVERAGE PROGRESS;
  (C) "C" SCHOOLS MAKING SATISFACTORY PROGRESS;
  (D) "D" SCHOOLS MAKING LESS THAN SATISFACTORY PROGRESS; OR
  (E) "F" SCHOOLS FAILING TO MAKE ADEQUATE PROGRESS.
  3. EACH SCHOOL THAT HAS STUDENTS WHO ARE TESTED THROUGH  STATE  AND/OR
NATIONAL  ACHIEVEMENT  TESTING AND INCLUDED IN THE SCHOOL GRADING SYSTEM
SHALL RECEIVE A SCHOOL GRADE, EXCEPT AS FOLLOWS:
  A. A SCHOOL SHALL NOT RECEIVE A SCHOOL GRADE  IF  THE  NUMBER  OF  ITS
STUDENTS  TESTED  AND INCLUDED IN THE SCHOOL GRADING SYSTEM IS LESS THAN
THE MINIMUM SAMPLE SIZE NECESSARY, BASED ON ACCEPTED PROFESSIONAL  PRAC-
TICE, FOR STATISTICAL RELIABILITY AND PREVENTION OF THE UNLAWFUL RELEASE
OF PERSONALLY IDENTIFIABLE STUDENT DATA UNDER 20 U.S.C. S 1232G.

A. 9219                            17

  B.  AN  ALTERNATIVE  SCHOOL MAY CHOOSE TO RECEIVE A SCHOOL GRADE UNDER
THIS SECTION OR A SCHOOL IMPROVEMENT RATING. FOR  CHARTER  SCHOOLS  THAT
MEET  THE DEFINITION OF AN ALTERNATIVE SCHOOL, THE DECISION TO RECEIVE A
SCHOOL GRADE IS THE DECISION OF THE CHARTER SCHOOL GOVERNING BOARD.
  4.  A  SCHOOL  THAT SERVES ANY COMBINATION OF STUDENTS IN KINDERGARTEN
THROUGH GRADE THREE WHICH DOES NOT RECEIVE A SCHOOL  GRADE  BECAUSE  ITS
STUDENTS  ARE NOT TESTED AND INCLUDED IN THE SCHOOL GRADING SYSTEM SHALL
RECEIVE THE SCHOOL GRADE DESIGNATION OF A K-THREE FEEDER PATTERN  SCHOOL
IDENTIFIED  BY  THE  DEPARTMENT  AND  VERIFIED BY THE SCHOOL DISTRICT. A
SCHOOL FEEDER PATTERN EXISTS IF AT LEAST SIXTY PERCENT OF  THE  STUDENTS
IN  THE SCHOOL SERVING A COMBINATION OF STUDENTS IN KINDERGARTEN THROUGH
GRADE THREE ARE SCHEDULED TO BE ASSIGNED TO THE GRADED SCHOOL.
  5. FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR, A SCHOOL'S
GRADE SHALL BE BASED ON A COMBINATION OF:
  (A) STUDENT  ACHIEVEMENT  SCORES,  INCLUDING  ACHIEVEMENT  SCORES  FOR
STUDENTS SEEKING A SPECIAL DIPLOMA;
  (B)  STUDENT LEARNING GAINS AS MEASURED BY ANNUAL STATE ASSESSMENTS IN
GRADES THREE THROUGH TEN AND  LEARNING  GAINS  FOR  STUDENTS  SEEKING  A
SPECIAL  DIPLOMA,  AS MEASURED BY AN ALTERNATE ASSESSMENT TOOL, SHALL BE
INCLUDED NOT LATER THAN THE TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR; AND
  (C)  IMPROVEMENT  OF THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN
THE SCHOOL IN READING, MATHEMATICS, OR WRITING ON THE STATE  ACHIEVEMENT
TESTS, UNLESS THESE STUDENTS ARE EXHIBITING SATISFACTORY PERFORMANCE.
  6.  BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR FOR SCHOOLS COMPRISED OF HIGH SCHOOL GRADES NINE, TEN,  ELEVEN  AND
TWELVE,  FIFTY  PERCENT OF THE SCHOOL GRADE SHALL BE BASED ON A COMBINA-
TION OF THE FACTORS LISTED IN SUBDIVISION FIVE OF THIS SECTION  AND  THE
REMAINING FIFTY PERCENT ON THE FOLLOWING FACTORS:
  (A) THE HIGH SCHOOL GRADUATION RATE OF THE SCHOOL AS DETERMINED BY THE
DEPARTMENT;
  (B)  THE  PERFORMANCE  AND  PARTICIPATION  OF THE SCHOOL'S STUDENTS IN
COLLEGE BOARD ADVANCED PLACEMENT  COURSES,  INTERNATIONAL  BACCALAUREATE
COURSES, DUAL ENROLLMENT COURSES, AND ADVANCED INTERNATIONAL CERTIFICATE
OF  EDUCATION COURSES; AND THE STUDENTS' ACHIEVEMENT OF INDUSTRY CERTIF-
ICATION IN A CAREER AND PROFESSIONAL ACADEMY;
  (C) THE AGGREGATE SCORES OF ALL  ELIGIBLE  STUDENTS  ENROLLED  IN  THE
SCHOOL  IN  READING,  MATHEMATICS, AND OTHER SUBJECTS AS MEASURED BY THE
PSAT, SAT, THE ACT, AND THE  COMMON  PLACEMENT  TEST  FOR  POSTSECONDARY
READINESS;
  (D) THE EARNING OF COLLEGE CREDIT BY ALL ELIGIBLE STUDENTS ENROLLED IN
THE SCHOOL IN DUAL ENROLLMENT PROGRAMS;
  (E)  THE  HIGH SCHOOL GRADUATION RATE OF ALL ELIGIBLE AT-RISK STUDENTS
WHO SCORED IN THE BOTTOM TWENTY-FIFTH  PERCENTILE  ON  THE  GRADE  EIGHT
STATE ASSESSMENT READING AND MATHEMATICS EXAMINATIONS;
  (F) THE PERFORMANCE OF THE SCHOOL'S STUDENTS ON STATEWIDE STANDARDIZED
REGENTS EXAMINATIONS; AND
  (G)  THE  GROWTH OR DECLINE IN THE COMPONENTS LISTED IN PARAGRAPHS (A)
THROUGH (F) OF THIS SUBDIVISION FROM YEAR TO YEAR.
  7. STUDENT ASSESSMENT DATA USED IN  DETERMINING  SCHOOL  GRADES  SHALL
INCLUDE:
  A.  THE  AGGREGATE  SCORES  OF  ALL  ELIGIBLE STUDENTS ENROLLED IN THE
SCHOOL WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS; AND
  B. THE AGGREGATE SCORES OF  ALL  ELIGIBLE  STUDENTS  ENROLLED  IN  THE
SCHOOL WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS AND WHO HAVE
SCORED  AT  OR  IN THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN THE

A. 9219                            18

SCHOOL IN READING, MATHEMATICS, OR WRITING, UNLESS  THESE  STUDENTS  ARE
EXHIBITING SATISFACTORY PERFORMANCE.
  8.  THE  SCORES  OF  STUDENTS  WHO  ARE  HOME  SCHOOLED OR ENROLLED IN
PROGRAMS OPERATED OR CONTRACTED BY THE DEPARTMENT  OF  JUVENILE  JUSTICE
SHALL BE INCLUDED IN THE CALCULATION OF THE HOME SCHOOL'S GRADE. AS USED
IN  THIS  SECTION,  THE TERM "HOME SCHOOL" MEANS THE SCHOOL TO WHICH THE
STUDENT WOULD BE ASSIGNED IF THE STUDENT WERE NOT HOME  SCHOOLED  OR  IN
THE CHARGE OF THE DEPARTMENT OF JUVENILE JUSTICE.
  9. THE REGENTS SHALL ADOPT APPROPRIATE CRITERIA FOR EACH SCHOOL GRADE.
THE CRITERIA MUST ALSO GIVE ADDED WEIGHT TO STUDENT ACHIEVEMENT IN READ-
ING.  SCHOOLS  DESIGNATED  WITH  A  GRADE  OF  "C"  MAKING  SATISFACTORY
PROGRESS, SHALL BE REQUIRED TO DEMONSTRATE THAT  ADEQUATE  PROGRESS  HAS
BEEN  MADE  BY STUDENTS IN THE SCHOOL WHO ARE IN THE LOWEST TWENTY-FIFTH
PERCENTILE IN READING, MATHEMATICS, OR WRITING ON THE FCAT, UNLESS THESE
STUDENTS ARE EXHIBITING SATISFACTORY PERFORMANCE.
  10. BEGINNING WITH THE TWO THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
SCHOOL  YEAR,  FOR  SCHOOLS  COMPRISED  OF HIGH SCHOOL GRADES NINE, TEN,
ELEVEN AND TWELVE, THE CRITERIA FOR SCHOOL GRADES MUST ALSO  GIVE  ADDED
WEIGHT TO THE GRADUATION RATE OF ALL ELIGIBLE AT-RISK STUDENTS. IN ORDER
FOR  A  HIGH  SCHOOL  TO  BE  DESIGNATED AS HAVING A GRADE OF "A" MAKING
EXCELLENT PROGRESS, THE SCHOOL MUST DEMONSTRATE THAT AT-RISK STUDENTS IN
THE SCHOOL ARE MAKING ADEQUATE PROGRESS.
  11. THE ANNUAL REPORT SHALL  IDENTIFY  EACH  SCHOOL'S  PERFORMANCE  AS
HAVING IMPROVED, REMAINED THE SAME, OR DECLINED. THIS SCHOOL IMPROVEMENT
RATING SHALL BE BASED ON A COMPARISON OF THE CURRENT YEAR'S AND PREVIOUS
YEAR'S STUDENT AND SCHOOL PERFORMANCE DATA.
  12.  (A)  AN  ALTERNATIVE  SCHOOL THAT PROVIDES DROPOUT PREVENTION AND
ACADEMIC  INTERVENTION  SERVICES  SHALL  RECEIVE  A  SCHOOL  IMPROVEMENT
RATING;  PROVIDED  THAT AN ALTERNATIVE SCHOOL SHALL NOT RECEIVE A SCHOOL
IMPROVEMENT RATING IF THE  NUMBER  OF  ITS  STUDENTS  FOR  WHOM  STUDENT
PERFORMANCE  DATA IS AVAILABLE FOR THE CURRENT YEAR AND PREVIOUS YEAR IS
LESS THAN THE MINIMUM SAMPLE SIZE NECESSARY, BASED ON  ACCEPTED  PROFES-
SIONAL  PRACTICE,  FOR  STATISTICAL  RELIABILITY  AND  PREVENTION OF THE
UNLAWFUL RELEASE OF PERSONALLY IDENTIFIABLE  STUDENT  DATA.  THE  SCHOOL
IMPROVEMENT RATING SHALL IDENTIFY AN ALTERNATIVE SCHOOL AS HAVING ONE OF
THE FOLLOWING RATINGS DEFINED ACCORDING TO RULES OF THE DEPARTMENT:
  (1)  IMPROVING MEANS THE STUDENTS ATTENDING THE SCHOOL ARE MAKING MORE
ACADEMIC PROGRESS THAN WHEN THE  STUDENTS  WERE  SERVED  IN  THEIR  HOME
SCHOOLS;
  (2)  MAINTAINING  MEANS  THE  STUDENTS ATTENDING THE SCHOOL ARE MAKING
PROGRESS EQUIVALENT TO THE PROGRESS MADE WHEN THE STUDENTS  WERE  SERVED
IN THEIR HOME SCHOOLS; AND
  (3)  DECLINING MEANS THE STUDENTS ATTENDING THE SCHOOL ARE MAKING LESS
ACADEMIC PROGRESS THAN WHEN THE  STUDENTS  WERE  SERVED  IN  THEIR  HOME
SCHOOLS. THE SCHOOL IMPROVEMENT RATING SHALL BE BASED ON A COMPARISON OF
STUDENT PERFORMANCE DATA FOR THE CURRENT YEAR AND PREVIOUS YEAR.
  (B)  STUDENT  DATA  USED IN DETERMINING AN ALTERNATIVE SCHOOL'S SCHOOL
IMPROVEMENT RATING SHALL INCLUDE:
  (1) THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS WHO WERE ASSIGNED TO
AND ENROLLED IN THE SCHOOL AS OF OCTOBER FIRST OF EACH SCHOOL YEAR,  WHO
HAVE  BEEN ASSESSED ON THE STATE ASSESSMENT TESTS, AND WHO HAVE COMPARA-
BLE ASSESSMENT TEST SCORES FOR THE PRECEDING SCHOOL YEAR; AND
  (2) THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS WHO WERE ASSIGNED TO
AND ENROLLED IN THE SCHOOL AS OF OCTOBER FIRST OF EACH SCHOOL YEAR,  WHO
HAVE  BEEN ASSESSED ON THE STATE ASSESSMENT TESTS, AND WHO HAVE COMPARA-
BLE ASSESSMENT TEST SCORES FOR THE PRECEDING SCHOOL YEAR  AND  WHO  HAVE

A. 9219                            19

SCORED IN THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN THE STATE ON
THE  READING  ASSESSMENT TEST. THE ASSESSMENT SCORES OF STUDENTS WHO ARE
SUBJECT TO DISTRICT SCHOOL BOARD POLICIES FOR EXPULSION FOR REPEATED  OR
SERIOUS OFFENSES, WHO ARE IN DROPOUT RETRIEVAL PROGRAMS SERVING STUDENTS
WHO  HAVE OFFICIALLY BEEN DESIGNATED AS DROPOUTS, OR WHO ARE IN PROGRAMS
OPERATED OR CONTRACTED BY THE DEPARTMENT OF JUVENILE JUSTICE MAY NOT  BE
INCLUDED IN AN ALTERNATIVE SCHOOL'S SCHOOL IMPROVEMENT RATING.
  (C) FOR EACH ALTERNATIVE SCHOOL RECEIVING A SCHOOL IMPROVEMENT RATING,
THE DEPARTMENT SHALL ANNUALLY IDENTIFY THE PERCENTAGE OF STUDENTS MAKING
LEARNING GAINS AS COMPARED TO THE PERCENTAGE OF THE SAME STUDENTS MAKING
LEARNING GAINS IN THEIR HOME SCHOOLS IN THE YEAR PRIOR TO BEING ASSIGNED
TO THE ALTERNATIVE SCHOOL.
  13.  THE  DEPARTMENT SHALL ANNUALLY DEVELOP, IN COLLABORATION WITH THE
SCHOOL DISTRICTS, A SCHOOL  REPORT  CARD  TO  BE  DELIVERED  TO  PARENTS
THROUGHOUT  EACH  SCHOOL  DISTRICT.  THE  REPORT  CARD SHALL INCLUDE THE
SCHOOL'S GRADE, INFORMATION REGARDING SCHOOL IMPROVEMENT, AN EXPLANATION
OF SCHOOL PERFORMANCE AS EVALUATED BY THE FEDERAL NO CHILD  LEFT  BEHIND
ACT  OF  2001,  AND  INDICATORS OF RETURN ON INVESTMENT.   EACH SCHOOL'S
REPORT CARD SHALL  BE  PUBLISHED  ANNUALLY  BY  THE  DEPARTMENT  ON  ITS
WEBSITE, AND THE SCHOOL DISTRICT SHALL PROVIDE THE SCHOOL REPORT CARD TO
EACH PARENT.
  14.  THE  ANNUAL  REPORT  REQUIRED  BY SUBDIVISION ONE OF THIS SECTION
SHALL INCLUDE DISTRICT GRADES, WHICH SHALL CONSIST OF WEIGHTED  DISTRICT
AVERAGE  GRADES,  BY  LEVEL, FOR ALL ELEMENTARY SCHOOLS, MIDDLE SCHOOLS,
AND HIGH SCHOOLS IN THE DISTRICT. A DISTRICT'S  WEIGHTED  AVERAGE  GRADE
SHALL  BE CALCULATED BY WEIGHTING INDIVIDUAL SCHOOL GRADES DETERMINED BY
SCHOOL ENROLLMENT.
  S 211-G. STATE EDUCATIONAL DATA SYSTEM AND WAREHOUSE. 1.  THE  COMMIS-
SIONER  SHALL DEVELOP AND IMPLEMENT AN INTEGRATED INFORMATION SYSTEM FOR
EDUCATIONAL MANAGEMENT. THE SYSTEM MUST  BE  DESIGNED  TO  COLLECT,  VIA
ELECTRONIC TRANSFER, ALL STUDENT AND SCHOOL PERFORMANCE DATA REQUIRED TO
ASCERTAIN  THE  DEGREE TO WHICH SCHOOLS AND SCHOOL DISTRICTS ARE MEETING
STATE PERFORMANCE STANDARDS, AND MUST BE CAPABLE OF PRODUCING DATA FOR A
COMPREHENSIVE ANNUAL REPORT ON SCHOOL AND DISTRICT PERFORMANCE. IN ADDI-
TION, THE SYSTEM SHALL SUPPORT, AS FEASIBLE, THE MANAGEMENT DECISIONS TO
BE MADE IN EACH DIVISION OF THE DEPARTMENT AND AT THE INDIVIDUAL  SCHOOL
AND  DISTRICT  LEVELS.  SIMILAR DATA ELEMENTS AMONG DIVISIONS AND LEVELS
SHALL BE COMPATIBLE. THE SYSTEM SHALL BE BASED ON AN OVERALL  CONCEPTUAL
DESIGN;  THE  INFORMATION  NEEDED  FOR SUCH DECISIONS, INCLUDING FISCAL,
STUDENT, PROGRAM, PERSONNEL, FACILITY, COMMUNITY, EVALUATION, AND  OTHER
RELEVANT  DATA; AND THE RELATIONSHIP BETWEEN COST AND EFFECTIVENESS. THE
SYSTEM SHALL BE MANAGED AND ADMINISTERED BY THE COMMISSIONER  AND  SHALL
INCLUDE  A  DISTRICT  SUBSYSTEM  COMPONENT  TO  BE  ADMINISTERED  AT THE
DISTRICT LEVEL, WITH INPUT FROM THE REPORTS-AND-FORMS CONTROL MANAGEMENT
COMMITTEES. EACH DISTRICT SCHOOL SYSTEM WITH A UNIQUE MANAGEMENT  INFOR-
MATION  SYSTEM SHALL ASSURE THAT COMPATIBILITY EXISTS BETWEEN ITS UNIQUE
SYSTEM AND THE DISTRICT COMPONENT OF THE STATE SYSTEM SO THAT  ALL  DATA
REQUIRED  AS  INPUT TO THE STATE SYSTEM IS MADE AVAILABLE VIA ELECTRONIC
TRANSFER AND IN THE APPROPRIATE INPUT FORMAT.
  2. THE COMMISSIONER SHALL:
  (A) CONSULT WITH SCHOOL DISTRICT REPRESENTATIVES IN THE DEVELOPMENT OF
THE SYSTEM DESIGN MODEL AND  IMPLEMENTATION  PLANS  FOR  THE  MANAGEMENT
INFORMATION SYSTEM FOR PUBLIC SCHOOL EDUCATION MANAGEMENT;
  (B) PROVIDE OPERATIONAL DEFINITIONS FOR THE PROPOSED SYSTEM;
  (C)  DETERMINE THE INFORMATION AND SPECIFIC DATA ELEMENTS REQUIRED FOR
THE MANAGEMENT DECISIONS MADE AT  EACH  EDUCATIONAL  LEVEL,  RECOGNIZING

A. 9219                            20

THAT THE PRIMARY UNIT FOR INFORMATION INPUT IS THE INDIVIDUAL SCHOOL AND
RECOGNIZING  THAT TIME AND EFFORT OF INSTRUCTIONAL PERSONNEL EXPENDED IN
COLLECTION AND COMPILATION OF DATA SHOULD BE MINIMIZED;
  (D)  DEVELOP STANDARDIZED TERMINOLOGY AND PROCEDURES TO BE FOLLOWED AT
ALL LEVELS OF THE SYSTEM;
  (E) DEVELOP A STANDARD TRANSMITTAL FORMAT TO BE USED FOR COLLECTION OF
DATA FROM THE VARIOUS LEVELS OF THE SYSTEM;
  (F) DEVELOP APPROPRIATE COMPUTER PROGRAMS TO ASSURE INTEGRATION OF THE
VARIOUS INFORMATION COMPONENTS DEALING WITH STUDENTS, PERSONNEL, FACILI-
TIES, FISCAL, PROGRAM, COMMUNITY, AND EVALUATION DATA;
  (G) DEVELOP THE NECESSARY PROGRAMS TO PROVIDE STATISTICAL ANALYSIS  OF
THE  INTEGRATED  DATA IN SUCH A WAY THAT REQUIRED REPORTS MAY BE DISSEM-
INATED, COMPARISONS MAY BE MADE, AND RELATIONSHIPS MAY BE DETERMINED  IN
ORDER  TO  PROVIDE THE NECESSARY INFORMATION FOR MAKING MANAGEMENT DECI-
SIONS AT ALL LEVELS;
  (H) DEVELOP OUTPUT REPORT FORMATS WHICH WILL PROVIDE  DISTRICT  SCHOOL
SYSTEMS  WITH INFORMATION FOR MAKING MANAGEMENT DECISIONS AT THE VARIOUS
EDUCATIONAL LEVELS;
  (I) DEVELOP A PHASED PLAN FOR DISTRIBUTING COMPUTER SERVICES EQUITABLY
AMONG ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS IN THE STATE AS RAPIDLY AS
POSSIBLE. THE PLAN SHALL DESCRIBE ALTERNATIVES AVAILABLE TO THE STATE IN
PROVIDING SUCH COMPUTING SERVICES AND SHALL  CONTAIN  ESTIMATES  OF  THE
COST  OF EACH ALTERNATIVE, TOGETHER WITH A RECOMMENDATION FOR ACTION. IN
DEVELOPING THE PLAN, THE FEASIBILITY OF SHARED USE OF COMPUTING HARDWARE
AND SOFTWARE BY SCHOOL DISTRICTS, COMMUNITY COLLEGES,  AND  UNIVERSITIES
SHALL BE EXAMINED;
  (J) ASSIST THE DISTRICT SCHOOL SYSTEMS IN ESTABLISHING THEIR SUBSYSTEM
COMPONENTS AND ASSURING COMPATIBILITY WITH CURRENT DISTRICT SYSTEMS;
  (K) ESTABLISH PROCEDURES FOR CONTINUOUS EVALUATION OF SYSTEM EFFICIEN-
CY AND EFFECTIVENESS;
  (L)  INITIATE  A  REPORTS-MANAGEMENT  AND  FORMS-MANAGEMENT  SYSTEM TO
ASCERTAIN THAT DUPLICATION IN COLLECTION OF DATA DOES NOT EXIST AND THAT
FORMS AND REPORTS FOR REPORTING UNDER STATE AND FEDERAL REQUIREMENTS AND
OTHER FORMS AND REPORTS ARE PREPARED  IN  A  LOGICAL  AND  UNCOMPLICATED
FORMAT,  RESULTING  IN  A  REDUCTION  IN  THE  NUMBER  AND COMPLEXITY OF
REQUIRED REPORTS, PARTICULARLY AT THE SCHOOL LEVEL; AND
  (M) INITIATE SUCH OTHER ACTIONS AS ARE  NECESSARY  TO  CARRY  OUT  THE
IMPLEMENTATION  OF  AN  INFORMATION  SYSTEM FOR PUBLIC SCHOOL MANAGEMENT
NEEDS BE IMPLEMENTED.
  3. EACH SCHOOL DISTRICT SHALL:
  (A) ESTABLISH, AT THE DISTRICT LEVEL, A REPORTS-CONTROL AND FORMS-CON-
TROL MANAGEMENT SYSTEM COMMITTEE COMPOSED OF SCHOOL  ADMINISTRATORS  AND
CLASSROOM  TEACHERS.  THE  DISTRICT  SCHOOL  BOARD  SHALL APPOINT SCHOOL
ADMINISTRATOR MEMBERS  AND  CLASSROOM  TEACHER  MEMBERS  OR,  IN  SCHOOL
DISTRICTS  WHERE  APPROPRIATE,  THE  CLASSROOM  TEACHER MEMBERS SHALL BE
APPOINTED BY THE BARGAINING AGENT. TEACHERS SHALL CONSTITUTE A  MAJORITY
OF  THE COMMITTEE MEMBERSHIP. THE COMMITTEE SHALL PERIODICALLY RECOMMEND
PROCEDURES TO THE  DISTRICT  SCHOOL  BOARD  FOR  ELIMINATING,  REDUCING,
REVISING,  AND  CONSOLIDATING PAPERWORK AND DATA COLLECTION REQUIREMENTS
AND SHALL SUBMIT TO THE DISTRICT SCHOOL BOARD AN ANNUAL  REPORT  OF  ITS
FINDINGS;
  (B) WITH ASSISTANCE FROM THE COMMISSIONER, DEVELOP SYSTEMS COMPATIBIL-
ITY  BETWEEN  THE  STATE  MANAGEMENT INFORMATION SYSTEM AND UNIQUE LOCAL
SYSTEMS;
  (C) PROVIDE, WITH THE ASSISTANCE OF THE DEPARTMENT, IN-SERVICE  TRAIN-
ING  DEALING  WITH  MANAGEMENT  INFORMATION SYSTEM PURPOSES AND SCOPE, A

A. 9219                            21

METHOD OF TRANSMITTING INPUT DATA, AND THE USE OF OUTPUT REPORT INFORMA-
TION;
  (D)  ESTABLISH  A  PLAN  FOR CONTINUOUS REVIEW AND EVALUATION OF LOCAL
MANAGEMENT INFORMATION SYSTEM NEEDS AND PROCEDURES;
  (E) ADVISE THE COMMISSIONER OF  ALL  DISTRICT  MANAGEMENT  INFORMATION
NEEDS;
  (F)  TRANSMIT REQUIRED DATA INPUT ELEMENTS TO THE APPROPRIATE PROCESS-
ING LOCATIONS IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY  THE  COMMIS-
SIONER;
  (G)  DETERMINE  REQUIRED REPORTS, COMPARISONS, AND RELATIONSHIPS TO BE
PROVIDED TO DISTRICT  SCHOOL  SYSTEMS  BY  THE  SYSTEM  OUTPUT  REPORTS,
CONTINUOUSLY  REVIEWING THESE REPORTS FOR USEFULNESS AND MEANINGFULNESS,
AND SUBMITTING RECOMMENDED ADDITIONS, DELETIONS, AND CHANGE REQUIREMENTS
IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED BY THE COMMISSIONER; AND
  (H) BE RESPONSIBLE FOR THE ACCURACY OF ALL DATA  ELEMENTS  TRANSMITTED
TO THE DEPARTMENT.
  4.  TO  PROVIDE  DATA  REQUIRED  TO  IMPLEMENT  EDUCATION  PERFORMANCE
ACCOUNTABILITY MEASURES IN STATE AND FEDERAL LAW, THE COMMISSIONER SHALL
INITIATE AND MAINTAIN STRATEGIES TO IMPROVE DATA QUALITY AND TIMELINESS.
ALL DATA COLLECTED FROM PUBLIC SCHOOLS FOR GRADES  KINDERGARTEN  THROUGH
TWELVE  AND  FROM STATE UNIVERSITIES SHALL, AS DETERMINED BY THE COMMIS-
SIONER, BE INTEGRATED INTO THE STATE  EDUCATIONAL  DATA  WAREHOUSE.  THE
COMMISSIONER  SHALL  HAVE  UNLIMITED  ACCESS TO SUCH DATA SOLELY FOR THE
PURPOSES  OF  CONDUCTING  STUDIES,  REPORTING  ANNUAL  AND  LONGITUDINAL
STUDENT  OUTCOMES, AND IMPROVING COLLEGE READINESS AND ARTICULATION. ALL
PUBLIC EDUCATIONAL INSTITUTIONS SHALL PROVIDE DATA TO THE DATA WAREHOUSE
IN A FORMAT SPECIFIED BY THE COMMISSIONER.
  5. SCHOOL DISTRICTS AND PUBLIC POSTSECONDARY EDUCATIONAL  INSTITUTIONS
SHALL MAINTAIN INFORMATION SYSTEMS THAT WILL PROVIDE THE DEPARTMENT, THE
BOARD  OF  REGENTS,  THE CHANCELLOR AND THE LEGISLATURE WITH INFORMATION
AND REPORTS NECESSARY TO ADDRESS THE SPECIFICATIONS OF THE  ACCOUNTABIL-
ITY SYSTEM.
  6.  THE  COMMISSIONER  SHALL  DETERMINE THE STANDARDS FOR THE REQUIRED
DATA, MONITOR DATA QUALITY, AND MEASURE IMPROVEMENTS.  THE  COMMISSIONER
SHALL  REPORT  ANNUALLY  TO  THE  BOARD  OF REGENTS, THE CHANCELLOR, THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
ASSEMBLY  DATA  QUALITY  INDICATORS AND RATINGS FOR ALL SCHOOL DISTRICTS
AND PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
  7. BEFORE ESTABLISHING ANY NEW REPORTING OR DATA  COLLECTION  REQUIRE-
MENTS,  THE  COMMISSIONER SHALL UTILIZE EXISTING DATA BEING COLLECTED TO
REDUCE DUPLICATION AND MINIMIZE PAPERWORK.
  S 211-H. COMMUNITY COLLEGE ACCOUNTABILITY PROCESS. 1. THE REGENTS  AND
THE  COMMUNITY COLLEGE BOARDS OF TRUSTEES SHALL DEVELOP AND IMPLEMENT AN
ACCOUNTABILITY PLAN TO IMPROVE AND EVALUATE THE INSTRUCTIONAL AND ADMIN-
ISTRATIVE EFFICIENCY AND EFFECTIVENESS OF THE  STATE  COMMUNITY  COLLEGE
SYSTEM.  THIS  PLAN  SHALL BE DESIGNED IN CONSULTATION WITH THE GOVERNOR
AND THE LEGISLATURE AND SHALL ADDRESS THE FOLLOWING ISSUES:
  (A) GRADUATION RATES OF ASSOCIATES OF  ARTS  (AA)  AND  ASSOCIATES  OF
SCIENCE  (AS)  DEGREE-SEEKING  STUDENTS  COMPARED TO FIRST-TIME-ENROLLED
STUDENTS SEEKING THE ASSOCIATE DEGREE;
  (B) MINORITY STUDENT ENROLLMENT AND RETENTION RATES;
  (C) STUDENT PERFORMANCE, INCLUDING STUDENT PERFORMANCE IN COLLEGE-LEV-
EL ACADEMIC SKILLS, MEAN GRADE POINT AVERAGES FOR COMMUNITY  COLLEGE  AA
TRANSFER  STUDENTS,  AND  COMMUNITY COLLEGE STUDENT PERFORMANCE ON STATE
LICENSURE EXAMINATIONS;
  (D) JOB PLACEMENT RATES OF COMMUNITY COLLEGE CAREER STUDENTS;

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  (E) STUDENT PROGRESSION BY ADMISSION STATUS AND PROGRAM;
  (F) CAREER ACCOUNTABILITY STANDARDS;
  (G)  INSTITUTIONAL  ASSESSMENT EFFORTS RELATED TO THE REQUIREMENTS FOR
ACCREDITATION; AND
  (H) SUCH OTHER MEASURES APPROVED BY THE REGENTS.
  2. THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT PROVIDING THE  RESULTS
OF  INITIATIVES  TAKEN  DURING  THE  PRIOR  YEAR AND THE INITIATIVES AND
RELATED OBJECTIVE PERFORMANCE MEASURES PROPOSED FOR THE NEXT YEAR.
  S 211-I. STATE UNIVERSITY ACCOUNTABILITY PROCESS. 1.  IT IS THE INTENT
OF THE LEGISLATURE THAT AN ACCOUNTABILITY PROCESS  BE  IMPLEMENTED  THAT
PROVIDES  FOR  THE  SYSTEMATIC, ONGOING EVALUATION OF QUALITY AND EFFEC-
TIVENESS OF STATE UNIVERSITIES.  THE ACCOUNTABILITY PROCESS SHALL  MONI-
TOR  PERFORMANCE  AT  THE  SYSTEM  LEVEL  IN  EACH OF THE MAJOR AREAS OF
INSTRUCTION, RESEARCH, AND PUBLIC SERVICE, WHILE RECOGNIZING THE DIFFER-
ING MISSIONS OF EACH OF THE STATE UNIVERSITIES. THE ACCOUNTABILITY PROC-
ESS SHALL PROVIDE FOR THE ADOPTION OF SYSTEM-WIDE PERFORMANCE  STANDARDS
AND  PERFORMANCE GOALS FOR EACH STANDARD IDENTIFIED THROUGH A COLLABORA-
TIVE EFFORT INVOLVING STATE UNIVERSITIES, THE BOARD  OF  GOVERNORS,  THE
LEGISLATURE,  AND THE GOVERNOR. THESE STANDARDS AND GOALS SHALL MAINTAIN
CONGRUITY WITH THE PERFORMANCE-BASED BUDGETING PROCESS.  THE  UNIVERSITY
ACCOUNTABILITY  REPORTS  SHALL  REFLECT MEASURES DEFINED THROUGH PERFOR-
MANCE-BASED BUDGETING. THE  PERFORMANCE-BASED  BUDGETING  MEASURES  MUST
ALSO REFLECT THE ELEMENTS OF TEACHING, RESEARCH, AND SERVICE INHERENT IN
THE MISSIONS OF THE STATE UNIVERSITIES.
  2.  BY DECEMBER THIRTY-FIRST OF EACH YEAR, THE CHANCELLOR SHALL SUBMIT
AN ANNUAL ACCOUNTABILITY REPORT PROVIDING INFORMATION ON THE IMPLEMENTA-
TION OF PERFORMANCE  STANDARDS,  ACTIONS  TAKEN  TO  IMPROVE  UNIVERSITY
ACHIEVEMENT  OF  PERFORMANCE GOALS, THE ACHIEVEMENT OF PERFORMANCE GOALS
DURING THE PRIOR YEAR, AND INITIATIVES TO BE UNDERTAKEN DURING THE  NEXT
YEAR.  THE ACCOUNTABILITY REPORTS SHALL BE DESIGNED IN CONSULTATION WITH
THE GOVERNOR AND THE LEGISLATURE.
  S 12. This act shall take effect April  1,  2010;  provided,  however,
that  the  amendments  to  section  3012-b  of the education law made by
sections three and four of this act shall not affect the repeal of  such
section and shall be deemed to be repealed therewith.

                                 PART D

  Section  1.  Subdivision  2  of  section 3001 of the education law, as
amended by chapter 658 of the laws  of  2002,  is  amended  to  read  as
follows:
  2.  Not  in  possession  of  a  teacher's certificate issued under the
authority of this chapter or a diploma issued on  the  completion  of  a
course  in  state college for teachers or state teachers college of this
state; PROVIDED THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT  APPLY  TO
PERSONS  WHO  ARE  DIRECTLY  CERTIFIED  AS  A TEACHER OR PRINCIPAL BY AN
EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT OR  WHO  HAVE
TWO  YEARS  OF  SATISFACTORY  EXPERIENCE  THROUGH  THE TEACH FOR AMERICA
PROGRAM.
  The provisions of this subdivision  shall  not  prohibit  a  certified
teacher  from  permitting  a  practice  or  cadet teacher enrolled in an
approved teacher education program from teaching  a  class  without  the
presence  of  the certified teacher in the classroom provided the class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.

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  S 2. Subdivision 2 of section 3001 of the education law, as amended by
chapter 538 of the laws of 1973, is amended to read as follows:
  2.  Not  in  possession  of  a  teacher's certificate issued under the
authority of this chapter or a diploma issued on  the  completion  of  a
course  in  state college for teachers or state teachers college of this
state; PROVIDED THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT  APPLY  TO
PERSONS  WHO  ARE  DIRECTLY  CERTIFIED  AS  A TEACHER OR PRINCIPAL BY AN
EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT OR  WHO  HAVE
TWO  YEARS  OF  SATISFACTORY  EXPERIENCE  THROUGH  THE TEACH FOR AMERICA
PROGRAM.
  The provisions of this subdivision  shall  not  prohibit  a  certified
teacher  from  permitting  a  practice  or  cadet teacher enrolled in an
approved teacher education program from teaching  a  class  without  the
presence  of  the certified teacher in the classroom provided the class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.
  S 3. Subdivision 6 of section 3004 of the education law, as  added  by
section  5  of  part  A of chapter 57 of the laws of 2007, is amended to
read as follows:
  6. The regents and  the  commissioner  shall  review  the  alternative
teacher  preparation  programs  available  to  candidates  for  teaching
certificates under the regulations of the commissioner in the two  thou-
sand  seven--two thousand eight school year and shall [consider means of
expanding] EXPAND the availability of such preparation [in  the  future]
NO  LATER  THAN  THE  COMMENCEMENT OF THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, while maintaining teacher quality. The  regents  and
the  commissioner  shall  develop programs to assist in the expansion of
alternative teacher preparation programs, INCLUDING  AUTHORIZING  EDUCA-
TION-ORIENTED  ORGANIZATIONS OTHER THAN SCHOOLS OF EDUCATION TO DIRECTLY
CERTIFY TEACHERS AND PRINCIPALS.
  S 4. Subdivision 8 of section 1604 of the education law, as amended by
chapter 590 of the laws of 1995, is amended to read as follows:
  8. To appoint and enter into contract with a superintendent of schools
as provided in, and consistent with, section seventeen hundred eleven of
this chapter, and to employ in accordance  with,  and  subject  to,  the
provisions  of  section  three  thousand  twelve of this chapter as many
legally qualified teachers as the schools of the  district  require;  to
determine  the rate of compensation of each teacher and to determine the
terms of school to be held  during  each  school  year,  and  to  employ
persons  to  supervise,  organize,  conduct and maintain athletic, play-
ground and social center activities when they are authorized by  a  vote
of  a  district  meeting as provided by law. The regular teachers of the
school may be employed at an increased compensation or otherwise, and by
separate agreement, written or oral, for one or more of such  additional
duties.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD
OF  TRUSTEES  MAY  EMPLOY  AS  TEACHERS (A) UNCERTIFIED TEACHERS WITH AT
LEAST THREE YEARS OF ELEMENTARY, MIDDLE OR SECONDARY CLASSROOM  TEACHING
EXPERIENCE; (B) TENURED OR TENURE TRACK COLLEGE FACULTY; (C) INDIVIDUALS
WITH  TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR AMERICA
PROGRAM; AND (D) INDIVIDUALS WHO POSSESS EXCEPTIONAL  BUSINESS,  PROFES-
SIONAL,  ARTISTIC,  ATHLETIC, OR MILITARY EXPERIENCE, PROVIDED, HOWEVER,
THAT SUCH TEACHERS DESCRIBED IN CLAUSES (A), (B), (C), AND (D)  OF  THIS
PARAGRAPH SHALL NOT IN TOTAL COMPRISE MORE THAN THIRTY PER CENTUM OF THE
TEACHING  STAFF  OF  A  SCHOOL,  OR  FIVE TEACHERS, WHICHEVER IS LESS. A

A. 9219                            24

TEACHER CERTIFIED OR OTHERWISE APPROVED BY THE COMMISSIONER SHALL NOT BE
INCLUDED IN THE NUMERICAL LIMITS ESTABLISHED BY THE PRECEDING SENTENCE.
  S  5.  Subdivision 16 of section 1709 of the education law, as amended
by chapter 687 of the laws of 1949, is amended to read as follows:
  16. To contract with and employ such persons as by the  provisions  of
this chapter are qualified teachers, to determine the number of teachers
to be employed in the several departments of instruction in said school,
and  at the time of such employment, to make and deliver to each teacher
a written contract as required by section three thousand eleven of  this
chapter,  except as otherwise provided by sections three thousand twelve
and three thousand thirteen; and employ such persons as may be necessary
to supervise, organize, conduct and maintain  athletic,  playground  and
social  center  activities, or for any one or more of such purposes; and
to adopt rules and regulations governing the excusing of absences of all
teachers and other employees and for the granting of leaves  of  absence
to  such  employees  either with or without pay. The regular teachers of
the school may be employed at an increased  compensation  or  otherwise,
and  by  separate  agreement,  written  or oral, for one or more of such
purposes. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  THE
BOARD  OF  TRUSTEES MAY EMPLOY AS TEACHERS (A) UNCERTIFIED TEACHERS WITH
AT LEAST THREE YEARS OF ELEMENTARY, MIDDLE OR SECONDARY CLASSROOM TEACH-
ING EXPERIENCE; (B) TENURED OR TENURE TRACK COLLEGE FACULTY;  (C)  INDI-
VIDUALS  WITH TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR
AMERICA PROGRAM; AND (D) INDIVIDUALS WHO POSSESS  EXCEPTIONAL  BUSINESS,
PROFESSIONAL,  ARTISTIC,  ATHLETIC,  OR  MILITARY  EXPERIENCE, PROVIDED,
HOWEVER, THAT SUCH TEACHERS DESCRIBED IN CLAUSES (A), (B), (C), AND  (D)
OF  THIS  PARAGRAPH  SHALL  NOT  IN  TOTAL COMPRISE MORE THAN THIRTY PER
CENTUM OF THE TEACHING STAFF OF A SCHOOL, OR FIVE TEACHERS, WHICHEVER IS
LESS. A TEACHER CERTIFIED OR  OTHERWISE  APPROVED  BY  THE  COMMISSIONER
SHALL NOT BE INCLUDED IN THE NUMERICAL LIMITS ESTABLISHED BY THE PRECED-
ING SENTENCE.
  S 6. The education law is amended by adding a new section 3111 to read
as follows:
  S  3111.  EDUCATION INCENTIVE PROGRAM. 1. ON OR BEFORE JULY FIRST, TWO
THOUSAND TEN, THE COMMISSIONER SHALL ESTABLISH  AN  EDUCATION  INCENTIVE
PROGRAM  TO  RECOGNIZE AND REWARD THOSE TEACHERS AND SCHOOLS THAT DEMON-
STRATE SUCCESS IN ACHIEVING THE STATE'S EDUCATIONAL GOALS.
  2. THE EDUCATION INCENTIVE PROGRAM SHALL  PROVIDE  FOR  THE  AWARD  OF
PERFORMANCE  BONUS  INCENTIVE GRANTS TO SCHOOLS WHICH MEET THE FOLLOWING
CRITERIA:
  A. ACHIEVE BENCHMARK SCORES ON  STATE  EXAMINATIONS  IN  CORE  SUBJECT
AREAS  OF MATHEMATICS, SCIENCE, HISTORY AND LANGUAGE ARTS, WITH AN OVER-
ALL SCHOOL QUALIFYING EXAMINATION SCORE TO BE BASED ON  ANNUAL  COMBINED
AVERAGES  OF  SCORES  OBTAINED ON THE INDIVIDUAL SUBJECT EXAMINATIONS BY
STUDENTS AT THE SCHOOL;
  B. ACHIEVE BENCHMARK  HIGH  SCHOOL  GRADUATION  RATES  OR  DEMONSTRATE
MARKED IMPROVEMENT IN SCORES AND/OR HIGH SCHOOL GRADUATION RATES;
  C. IMPROVE PERFORMANCE BY MOVING UP A CERTAIN NUMBER OF RANKINGS; OR
  D. RANK IN THE TOP TEN PERCENT OF SCHOOLS IN THE STATE FOR ACHIEVEMENT
IN EXAMINATION SCORES OR GRADUATION RATES.
  3.  THE  EDUCATION  INCENTIVE  PROGRAM  SHALL PROVIDE FOR THE AWARD OF
PERFORMANCE BONUS INCENTIVE GRANTS TO A TEACHER WHOSE  STUDENTS  ACHIEVE
BENCHMARK SCORES ON STATE EXAMINATIONS FOR COURSES TAUGHT BY THAT TEACH-
ER,  IN CORE SUBJECT AREAS OF MATHEMATICS, SCIENCE, HISTORY AND LANGUAGE
ARTS, WITH AN OVERALL QUALIFYING EXAMINATION SCORE TO BE BASED ON ANNUAL

A. 9219                            25

COMBINED AVERAGES OF SCORES OBTAINED ON THE INDIVIDUAL SUBJECT  EXAMINA-
TIONS BY STUDENTS AT THE SCHOOL.
  4.  THE  EDUCATION  INCENTIVE  PROGRAM  SHALL PROVIDE FOR THE AWARD OF
PERFORMANCE BONUS INCENTIVE GRANTS TO PRINCIPALS WHOSE  SCHOOLS  QUALIFY
FOR  AN  AWARD  UNDER SUBDIVISION TWO OF THIS SECTION AND TO SUPERINTEN-
DENTS OF DISTRICTS CONTAINING A BENCHMARK NUMBER OF QUALIFYING SCHOOLS.
  5. AWARDS RECEIVED BY A  SCHOOL  SHALL  BE  USABLE  AT  THE  RECIPIENT
SCHOOL'S DISCRETION PROVIDED THAT:
  A.  A  SCHOOL  SHALL GIVE PRIORITY TO ACADEMIC ENHANCEMENT PURPOSES IN
USING AN AWARD RECEIVED UNDER THE PROGRAM; AND
  B. AN AWARD MAY NOT BE USED FOR ANY PURPOSE RELATED TO ATHLETICS.
  6. TO OBTAIN AN AWARD UNDER THE PROGRAM, A SCHOOL, TEACHER,  PRINCIPAL
OR  SUPERINTENDENT  SHALL SUBMIT TO THE DEPARTMENT A WRITTEN APPLICATION
IN A FORM, MANNER, AND TIME PRESCRIBED BY THE COMMISSIONER.
  7. THE COMMISSIONER SHALL ANALYZE AND ADJUST, AS NEEDED,  THE  SUM  OF
AND  NUMBER OF AWARDS TO ENSURE THAT THE PURPOSE OF THE PROGRAM IS REAL-
IZED.
  8. AN AWARD OR SUBSIDY GRANTED UNDER THIS SECTION  MAY  BE  FUNDED  BY
DONATIONS,  GRANTS,  OR LEGISLATIVE APPROPRIATIONS. THE COMMISSIONER MAY
SOLICIT AND RECEIVE GRANTS AND DONATIONS FOR MAKING  AWARDS  UNDER  THIS
SECTION.  THE DEPARTMENT SHALL ACCOUNT FOR AND DISTRIBUTE THE DONATIONS,
GRANTS, OR LEGISLATIVE APPROPRIATIONS. THE DEPARTMENT SHALL APPLY TO THE
PROGRAM ANY AVAILABLE FUNDS FROM ITS APPROPRIATIONS THAT MAY BE USED FOR
PURPOSES OF THE PROGRAM. THE GRANT OF ANY AWARD  OR  SUBSIDY  UNDER  THE
PROGRAM IS SUBJECT TO THE AVAILABILITY OF FUNDS.
  9.  ALL  INFORMATION  REGARDING  INDIVIDUAL  STUDENTS  RECEIVED BY THE
DEPARTMENT IN CONNECTION WITH AN APPLICATION FOR AN  AWARD  PURSUANT  TO
THE  PROVISIONS  OF  THIS SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE
DISCLOSED IN ANY FORM THAT CONTAINS INDIVIDUAL IDENTIFYING INFORMATION.
  S 7. Subdivision 2 of section 551 of the education law,  as  added  by
chapter 414 of the laws of 1972, is amended to read as follows:
  2.  The apportionment pursuant to this section shall be reduced by one
[one hundred eightieth] TWO  HUNDREDTH  for  each  day  less  than  [one
hundred  eighty] TWO HUNDRED days that such school was actually in total
session in the base year, except that  the  commissioner  may  disregard
such  reduction  up  to five days if he finds that the school was not in
session for [one hundred eighty] TWO HUNDRED days  because  of  extraor-
dinary  adverse  weather  conditions,  impairment of heating facilities,
insufficiency of water supply, shortage of fuel or the destruction of  a
school  building, and if the commissioner further finds that such school
cannot make up such days of instruction during the school year. No  such
reduction  shall  be made, however, for any day on which such school was
in session for the purpose of administering the regents examinations  or
the  regents  scholarship  examinations, or any day, not to exceed three
days, when such school was not in session because  of  a  conference  of
teachers called by the principal of the school.
  S 8. Subdivision 2 of section 1704 of the education law, as amended by
chapter 543 of the laws of 1971, is amended to read as follows:
  2.  Except  as  otherwise  provided  by  law, no board of education or
community board in the city school district of  the  city  of  New  York
shall  provide  for  a school year consisting of fewer than [one hundred
eighty] TWO HUNDRED days of school.
  S 9. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
  a. A full time day school or class, except  as  otherwise  prescribed,
shall  be  in session for not less than [one hundred ninety] TWO HUNDRED

A. 9219                            26

days each year, inclusive of legal holidays that occur during  the  term
of said school and exclusive of Saturdays.
  S 10. Paragraph m of subdivision 12 of section 3602-e of the education
law,  as  amended  by  section 19 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  m. a process for the  waiver  of  the  time  requirements  established
pursuant  to  this  subdivision in order to authorize the operation of a
summer universal prekindergarten program limited to the months  of  July
and  August, upon a finding by the commissioner that the school district
is unable to operate the  program  during  the  regular  school  session
because  of  a  lack  of  available space pursuant to regulations of the
commissioner. Notwithstanding any other provision of this section to the
contrary, such process shall provide for a  reduction  of  the  aid  per
prekindergarten  pupil payable for pupils served pursuant to such waiver
by one [one-hundred eightieth] TWO HUNDREDTH of the aid  per  prekinder-
garten  pupil  determined pursuant to paragraph [a] B of subdivision ten
[or subparagraph (i) of  paragraph  b  of  subdivision  ten-a]  of  this
section  for  each  day  less than [one hundred eighty] TWO HUNDRED days
that the summer program is in session.
  S 11. Subdivision 16 of  section  3602-e  of  the  education  law,  as
amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
  16. The grant payable to a school district pursuant to this section in
the current year shall be reduced by  one  [one-hundred  eightieth]  TWO
HUNDREDTH  for  each day less than [one hundred eighty] TWO HUNDRED days
that the universal prekindergarten classes of the district were actually
in session, except that the commissioner may  disregard  such  reduction
for any deficiency that may be disregarded in computing total foundation
aid pursuant to subdivision seven or eight of section thirty-six hundred
four of this chapter.
  S  12.  Subdivision 7 of section 3604 of the education law, as amended
by section 31 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  7. No district shall be entitled to any portion of such school  moneys
on  such  apportionment  unless  the  report of the trustees or board of
education for the preceding school  year  shall  show  that  the  public
schools  were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified  teach-
ers  for not less than [one hundred eighty] TWO HUNDRED days. The moneys
payable to a school district  pursuant  to  section  thirty-six  hundred
nine-a  of  this  chapter  in  the  current year shall be reduced by one
[one-hundred eightieth] TWO HUNDREDTH of the district's total foundation
aid for each day less than [one hundred eighty] TWO  HUNDRED  days  that
the  schools  of  the district were actually in session, except that the
commissioner may disregard such reduction,  up  to  five  days,  in  the
apportionment  of  public  money,  if  he  finds that the schools of the
district were not in session for [one hundred eighty] TWO  HUNDRED  days
because  of  extraordinarily  adverse  weather conditions, impairment of
heating facilities, insufficiency of water  supply,  shortage  of  fuel,
lack  of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, or the destruction of a school building either in  whole
or  in  part, and if, further, the commissioner finds that such district
cannot make up such days of  instruction  by  using  for  the  secondary
grades all scheduled vacation days which occur prior to the first sched-
uled  regents examination day in June, and for the elementary grades all
scheduled vacation days which occur prior to the last scheduled  regents

A. 9219                            27

examination  day  in June. For the purposes of this subdivision, "sched-
uled vacation days" shall mean days on which the schools of the district
are not in session and for which no prohibition  exists  in  subdivision
eight of this section for them to be in session.
  S 13. Subdivision 2-a of section 3635 of the education law, as amended
by  chapter  424 of the laws of 2005, is renumbered subdivision 3 and is
amended to read as follows:
  3. The superintendent of each city school district, in a city having a
population in excess of one  million,  shall  prepare  a  public  school
calendar and shall notify officials of nonpublic schools to which trans-
portation  has  been  requested  not later than the first day of June in
each year, of the days on which the public schools will be in session in
the following school year. Such school district which provides transpor-
tation to nonpublic schools shall provide such  transportation  for  the
same number of days as the public schools are open but shall not provide
transportation  services  for more than [one hundred eighty] TWO HUNDRED
days.  Officials of each nonpublic school  to  which  transportation  is
provided  by  a  city  school  district of a city having a population in
excess of one million may notify such district, not later than the first
day of July of each school year, of a maximum of five days, exclusive of
Saturdays, Sundays or legal  holidays  upon  which  public  schools  are
required  to  be closed, on which the public schools are scheduled to be
closed, except that in any year in which the first or last day of  Pass-
over and Easter Sunday are separated by more than seven days, such offi-
cials  may notify the district of a maximum of ten days, but such school
district will be required to provide for transportation to such  nonpub-
lic  school provided that such five or ten additional days, whichever is
applicable, are limited to the following: the Tuesday, Wednesday, Thurs-
day and Friday after Labor Day, Rosh Hashanah, Yom Kippur, the  week  in
which  public  schools  are  closed  for spring recess, December twenty-
fourth and the week between Christmas day and New Year's day, the  Tues-
day, Wednesday, Thursday and Friday after the observance of Washington's
birthday,  and, in the boroughs of Brooklyn and Queens only, Anniversary
Day as designated in section  twenty-five  hundred  eighty-six  of  this
chapter.
  S  14.  Section  3205  of the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  FOR  PURPOSES  OF  THIS  ARTICLE,  "FULL-TIME   INSTRUCTION"   AND
"FULL-TIME  DAY  INSTRUCTION"  SHALL MEAN NOT LESS THAN SIX AND ONE HALF
HOURS PER DAY OF INSTRUCTIONAL TIME, REGARDLESS OF  THE  LENGTH  OF  THE
SCHOOL DAY.
  S  15.  Section  3204  of the education law is amended by adding a new
subdivision 6 to read as follows:
  6. SUBJECT TO RULES AND REGULATIONS OF THE BOARD OF REGENTS,  A  PUPIL
MAY,  CONSISTENT WITH THE REQUIREMENTS OF PUBLIC EDUCATION, EXERCISE THE
OPTION OF TESTING OUT OF A COURSE BY DEMONSTRATING MASTERY OF THE STAND-
ARDS FOR THAT COURSE BY PASSING THE REGENTS EXAMINATIONS OR OTHER  STATE
EXAMINATION FOR THAT COURSE. A PUPIL WHO SATISFACTORILY TESTS OUT OF THE
COURSE  SHALL  BE  CONSTRUED  AS  HAVING  EARNED A UNIT OF CREDIT IN THE
SUBJECT OF THE COURSE.
  S 16. This act shall take effect April  1,  2010;  provided  that  the
amendments to subdivision 2 of section 3001 of the education law made by
section one of this act shall be subject to the expiration and reversion
of  such  section  pursuant  to  section 2 of chapter 658 of the laws of
2002, as amended, when upon such date the provisions of section  two  of
this act shall take effect.

A. 9219                            28

  S  4.  The  commissioner  of  education  and  the board of regents are
authorized and directed to take all actions necessary to  implement  the
provisions of this act on or before its effective date. The commissioner
of  education  is  authorized and directed to promulgate rules and regu-
lations  necessary  to implement the provisions of this act on or before
its effective date.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  6.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.