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

                                 7569--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Education -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to permitting the parents
  of  pupils  attending a persistently lowest-achieving school to choose
  an education intervention model

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

  Section  1.  The education law is amended by adding a new section 3613
to read as follows:
  S 3613. PERSISTENTLY LOWEST-ACHIEVING SCHOOLS; INTERVENTION MODELS. 1.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  MEAN:  A.
"PERSISTENTLY  LOWEST-ACHIEVING  (PLA) SCHOOLS", THE BOTTOM FIVE PERCENT
OF TITLE ONE SCHOOLS IN IMPROVEMENT, CORRECTIVE ACTION OR  RESTRUCTURING
STATUS  THAT HAVE THE LOWEST COMBINED PERFORMANCE ON THE STATE'S ENGLISH
LANGUAGE ARTS AND MATHEMATICS TESTS AND THAT HAVE FAILED TO  DEMONSTRATE
PROGRESS ON THESE ASSESSMENTS.
  B.  "INTERVENTION MODELS", FEDERAL EDUCATION INTERVENTION MODELS WHICH
INCLUDE THE TURNAROUND MODEL, RESTART  MODEL,  TRANSFORMATION  MODEL  OR
CLOSURE  MODEL.   IN ORDER TO BE ELIGIBLE FOR FEDERAL EDUCATION IMPROVE-
MENT GRANTS, THE UNITED STATES DEPARTMENT OF EDUCATION  REQUIRES  A  PLA
SCHOOL  TO EITHER: (1) REDESIGN OR REPLACE SUCH SCHOOL (TURNAROUND); (2)
CONVERT SUCH SCHOOL TO A CHARTER SCHOOL OR CONTRACT WITH AN  EDUCATIONAL
PARTNERSHIP ORGANIZATION TO OPERATE SUCH SCHOOL (RESTART); (3) TRANSFORM
SUCH  SCHOOL  (TRANSFORMATION);  OR  (4)  CLOSE SUCH SCHOOL AND TRANSFER
STUDENTS TO HIGHER PERFORMING SCHOOLS IN THE DISTRICT (CLOSURE).
  2.  ANY  SCHOOL  IDENTIFIED  BY  THE  COMMISSIONER   AS   PERSISTENTLY
LOWEST-ACHIEVING  AND  THAT  IS REQUIRED TO IMPLEMENT ONE OF FOUR INTER-
VENTION MODELS, IN ACCORDANCE WITH ELIGIBILITY REQUIREMENTS  ESTABLISHED
FOR  FEDERAL  EDUCATION  IMPROVEMENT GRANTS, SHALL PERMIT THE PARENTS OR
LEGAL GUARDIANS OF PUPILS ATTENDING SUCH  PLA  SCHOOL  TO  CHOOSE  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11084-06-1
              

A. 7569--A                          2

INTERVENTION  MODEL  SHALL BE IMPLEMENTED IF AT LEAST FIFTY-FIVE PERCENT
OF THE PARENTS OR LEGAL GUARDIANS OF PUPILS ATTENDING SUCH  SCHOOL  HAVE
VOTED   AND  SIGNED  A  PETITION  IDENTIFYING  ONE  INTERVENTION  MODEL.
PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS SECTION ELIGIBLE SCHOOLS MAY
CHOOSE TO IMPLEMENT EITHER THE TURNAROUND MODEL, RESTART MODEL OR TRANS-
FORMATION  MODEL AS IDENTIFIED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS
SECTION.
  3. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO CITIES HAVING
A POPULATION OF MORE THAN TWO HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN
THREE HUNDRED THOUSAND.
  S 2. This act shall take effect immediately.

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

                                 7569--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, GANTT -- read once and referred
  to the Committee on Education -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Education in accordance with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to permitting the parents
  of pupils attending a persistently lowest-achieving school  to  choose
  an education intervention model

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

  Section 1. The education law is amended by adding a new  section  3613
to read as follows:
  S 3613. PERSISTENTLY LOWEST-ACHIEVING SCHOOLS; INTERVENTION MODELS. 1.
FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: A.
"PERSISTENTLY LOWEST-ACHIEVING (PLA) SCHOOLS", THE BOTTOM  FIVE  PERCENT
OF  TITLE ONE SCHOOLS IN IMPROVEMENT, CORRECTIVE ACTION OR RESTRUCTURING
STATUS THAT HAVE THE LOWEST COMBINED PERFORMANCE ON THE STATE'S  ENGLISH
LANGUAGE  ARTS AND MATHEMATICS TESTS AND THAT HAVE FAILED TO DEMONSTRATE
PROGRESS ON THESE ASSESSMENTS.
  B. "INTERVENTION MODELS", FEDERAL EDUCATION INTERVENTION MODELS  WHICH
INCLUDE  THE  TURNAROUND  MODEL,  RESTART MODEL, TRANSFORMATION MODEL OR
CLOSURE MODEL.  IN ORDER TO BE ELIGIBLE FOR FEDERAL  EDUCATION  IMPROVE-
MENT  GRANTS,  THE  UNITED STATES DEPARTMENT OF EDUCATION REQUIRES A PLA
SCHOOL TO EITHER: (1) REDESIGN OR REPLACE SUCH SCHOOL (TURNAROUND);  (2)
CONVERT  SUCH SCHOOL TO A CHARTER SCHOOL OR CONTRACT WITH AN EDUCATIONAL
PARTNERSHIP ORGANIZATION TO OPERATE SUCH SCHOOL (RESTART); (3) TRANSFORM
SUCH SCHOOL (TRANSFORMATION); OR (4)  CLOSE  SUCH  SCHOOL  AND  TRANSFER
STUDENTS TO HIGHER PERFORMING SCHOOLS IN THE DISTRICT (CLOSURE).
  2.   ANY   SCHOOL  IDENTIFIED  BY  THE  COMMISSIONER  AS  PERSISTENTLY
LOWEST-ACHIEVING AND THAT IS REQUIRED TO IMPLEMENT ONE  OF  FOUR  INTER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11084-08-2
              

A. 7569--B                          2

VENTION  MODELS, IN ACCORDANCE WITH ELIGIBILITY REQUIREMENTS ESTABLISHED
FOR FEDERAL EDUCATION IMPROVEMENT GRANTS, SHALL PERMIT  THE  PARENTS  OR
LEGAL  GUARDIANS  OF  PUPILS  ATTENDING  SUCH PLA SCHOOL TO CHOOSE WHICH
INTERVENTION  MODEL  SHALL BE IMPLEMENTED IF AT LEAST FIFTY-FIVE PERCENT
OF THE PARENTS OR LEGAL GUARDIANS OF PUPILS ATTENDING SUCH  SCHOOL  HAVE
VOTED   AND  SIGNED  A  PETITION  IDENTIFYING  ONE  INTERVENTION  MODEL.
PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS SECTION ELIGIBLE SCHOOLS MAY
CHOOSE TO IMPLEMENT EITHER THE TURNAROUND MODEL, RESTART MODEL OR TRANS-
FORMATION MODEL AS IDENTIFIED IN PARAGRAPH B OF SUBDIVISION ONE OF  THIS
SECTION.
  3. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO THE ROCHESTER
CITY  SCHOOL DISTRICT AND TO CITIES HAVING A POPULATION OF MORE THAN TWO
HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN THREE HUNDRED THOUSAND.
  S 2. This act shall take effect immediately.

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

                                 7569--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, GANTT -- read once and referred
  to the Committee on Education -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Education in accordance with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to permitting the parents
  of students attending a persistently lowest-achieving school to choose
  an education intervention model; and providing for the repeal of  such
  provisions upon expiration thereof

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

  Section 1. Legislative intent. The legislature hereby finds  that  the
current state of our education system in New York state is not providing
all its students with access to the best possible education, thus inhib-
iting  their  ability  to become fully participating members of society.
New York state was recently ranked 35th in the country in their progress
on the National Assessment of Educational Progress,  otherwise  referred
to  as  the Nation's Report Card, a national test instituted every other
year to students  in  every  state.  The  gaps  in  achievement  between
students  based on race and geographic location are staggering and unac-
ceptable. In 2011, White students in New York state were almost twice as
likely as their African-American and Hispanic counterparts to meet basic
standards in reading and  writing.  According  to  the  state  education
department,  in 2011 only 47% of public high school students in the city
of Buffalo and the city of Rochester graduated, a reduction from  a  53%
graduation rate in 2009.
  Although there have been steps taken on the state level to correct and
reverse  these  alarming  trends and gaps in achievement, the speed with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11084-11-2
              

A. 7569--C                          2

which they are implemented is insufficient, and  the  varying  needs  of
districts  cannot  be  met  by  one  universal approach. The legislature
believes that to ensure the  successful  rehabilitation  of  our  lowest
performing  schools, we must engage and encourage the involvement of the
parents in the process. Allowing parents  to  assert  control  over  how
persistently  lowest  achieving  schools  are revitalized will instill a
sense of ownership over the approach implemented, and help ensure  their
continued  involvement  in  the  process.  When  considering how to best
address their individual situation, parents will have to  become  organ-
ized  and  informed  about  the  different  challenges the school faces.
Parental involvement is the only aspect of  education  reform  that  the
state  and  the  local educational authorities have little to no control
over, yet it is a requirement for many programs and grants  designed  to
assist in these much needed reforms.
  Therefore,  this  legislation will provide a pilot program that allows
parents, in a portion the state identified as having persistently lowest
achieving schools, to collectively come together and  provide  direction
on how to correct and ensure the adequate education of their children.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"parent empowerment pilot program".
  S 3. The education law is amended by adding a new section 3613 to read
as follows:
  S 3613. PARENT EMPOWERMENT PILOT PROGRAM. 1. FOR THE PURPOSES OF  THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  A.  "PERSISTENTLY  LOWEST-ACHIEVING SCHOOL" MEANS A PUBLIC SCHOOL THAT
HAS FAILED TO MAKE ANNUAL YEAR PROGRESS FOR FOUR YEARS IN A ROW OR  MORE
AS IDENTIFIED BY THE COMMISSIONER.
  B.  "INTERVENTION  MODEL" MEANS FEDERAL EDUCATION INTERVENTION MODELS,
WHICH INCLUDE THE TURNAROUND MODEL, RESTART MODEL, TRANSFORMATION  MODEL
OR CLOSURE MODEL.
  C.  "TURNAROUND  MODEL" MEANS THAT A SCHOOL MUST REPLACE THE PRINCIPAL
AND REHIRE NO MORE THAN FIFTY PERCENT OF THE SCHOOL'S STAFF, ADOPT A NEW
GOVERNANCE STRUCTURE,  PROVIDE  JOB-EMBEDDED  PROFESSIONAL  DEVELOPMENT,
OFFER  STAFF  FINANCIAL  AND  CAREER-ADVANCEMENT INCENTIVES, IMPLEMENT A
RESEARCH-BASED,  ALIGNED  INSTRUCTIONAL  PROGRAM,  EXTEND  LEARNING  AND
TEACHER PLANNING TIME, CREATE A COMMUNITY-ORIENTATION, AND PROVIDE OPER-
ATING FLEXIBILITY.
  D.  "RESTART  MODEL"  MEANS  THAT  A SCHOOL CLOSES AND REOPENS UNDER A
CHARTER SCHOOL OPERATOR, A CHARTER MANAGEMENT ORGANIZATION (CMO)  OR  AN
EDUCATION  PARTNERSHIP  ORGANIZATION  THAT  HAS  BEEN SELECTED THROUGH A
RIGOROUS REVIEW PROCESS. A RESTART MODEL MUST ENROLL, WITHIN THE  GRADES
IT SERVES, ANY FORMER STUDENT WHO WISHES TO ATTEND.
  E. "TRANSFORMATION MODEL" MEANS THAT A SCHOOL MUST REPLACE THE PRINCI-
PAL, PROVIDE JOB-EMBEDDED PROFESSIONAL DEVELOPMENT, IMPLEMENT A RIGOROUS
TEACHER-EVALUATION   AND  REWARD  SYSTEM,  OFFER  FINANCIAL  AND  CAREER
ADVANCEMENT INCENTIVES, IMPLEMENT  COMPREHENSIVE  INSTRUCTIONAL  REFORM,
EXTEND  LEARNING- AND TEACHER-PLANNING TIME, CREATE A COMMUNITY-ORIENTA-
TION, AND PROVIDE OPERATING FLEXIBILITY AND SUSTAINED SUPPORT.
  F. "CLOSURE MODEL" MEANS THAT THE SCHOOL IS CLOSED  AND  ITS  STUDENTS
ARE ENROLLED IN OTHER, HIGHER-ACHIEVING SCHOOLS.
  G.  "SCHOOL DISTRICT" MEANS A LOCAL EDUCATION AUTHORITY WITH JURISDIC-
TION OVER A SUBJECT SCHOOL.
  H. "FINAL DISPOSITION" MEANS A DECISION  BY  A  SCHOOL  DISTRICT  WITH
REGARD TO A PETITION SEEKING THE IMPLEMENTATION OF AN INTERVENTION MODEL
AT A SUBJECT SCHOOL UNDER THEIR JURISDICTION.

A. 7569--C                          3

  I. "PETITION" MEANS A DOCUMENT USED BY PETITIONERS SEEKING SUPPORT FOR
AN INTERVENTION MODEL AT A SUBJECT SCHOOL CONSISTENT WITH THE PROVISIONS
OF THIS SECTION.
  J. "PETITIONER" MEANS A PARENT OR OTHER PERSON WORKING WITH PARENTS OF
A  SUBJECT SCHOOL TO COLLECT SIGNATURES IN SUPPORT OF A PETITION SEEKING
TO IMPLEMENT AN INTERVENTION MODEL AT A SUBJECT SCHOOL.
  K. "LEAD PETITIONER" MEANS UP TO FIVE PARENTS WITH  STUDENTS  ENROLLED
IN  A  SUBJECT  SCHOOL WHO INITIATE AND LEAD A PETITION DRIVE SEEKING TO
IMPLEMENT AN INTERVENTION MODEL IN THAT SUBJECT SCHOOL.
  L. "CONTACT PERSON" MEANS AN INDIVIDUAL LEAD PETITIONER DESIGNATED  TO
BE  THE  OFFICIAL  CONTACT PERSON WITH REGARD TO OFFICIAL COMMUNICATIONS
REQUIRED UNDER THIS SECTION.
  M. "PARENT" MEANS A PARENT, LEGAL GUARDIAN, OR FOSTER PARENT RESPONSI-
BLE FOR EDUCATION DECISIONS FOR A PUBLIC SCHOOL STUDENT  ENROLLED  IN  A
SUBJECT SCHOOL.
  N.  "SUBJECT SCHOOL" MEANS A PERSISTENTLY LOWEST-ACHIEVING SCHOOL THAT
IS THE SUBJECT OF A PETITION SEEKING TO IMPLEMENT AN INTERVENTION MODEL.
  O. "ELIGIBLE STUDENT" MEANS A STUDENT ENROLLED AT A SUBJECT SCHOOL  ON
THE  DATE  WHEN A PETITION SEEKING THE IMPLEMENTATION OF AN INTERVENTION
MODEL IS COMMENCED.
  2. A. ANY  SCHOOL  IDENTIFIED  BY  THE  COMMISSIONER  AS  PERSISTENTLY
LOWEST-ACHIEVING  SHALL  BE  ELIGIBLE  FOR  PARTICIPATION  IN THE PARENT
EMPOWERMENT PILOT PROGRAM. THE PROGRAM SHALL ALLOW PARENTS OF A  SUBJECT
SCHOOL TO CIRCULATE PETITIONS IN SUPPORT OF AN INTERVENTION MODEL, WHICH
A  SCHOOL  DISTRICT SHALL ACT UPON PURSUANT TO THIS SECTION IF FIFTY-ONE
PERCENT OR MORE OF THE PARENTS OF THE STUDENTS ENROLLED IN  THE  SUBJECT
SCHOOL  SIGN A PETITION IN SUPPORT OF THE INTERVENTION MODEL. SUCH PETI-
TION SHALL BE PREPARED AND SUBMITTED  IN  ACCORDANCE  WITH  SUBDIVISIONS
THREE,  FOUR AND FIVE OF THIS SECTION. SUCH PETITION SHALL IDENTIFY ONLY
ONE INTERVENTION MODEL, AND ALL ELIGIBLE PARENTS SHALL BE  AFFORDED  THE
OPPORTUNITY TO PARTICIPATE.
  B.  A  SCHOOL  DISTRICT  MUST  PROVIDE  IN  WRITING  TO ANY PERSON WHO
REQUESTS IT TOTAL SUBJECT SCHOOL  ENROLLMENT  DATA  AND  THE  NUMBER  OF
SIGNATURES  THAT  WOULD  BE  REQUIRED TO IMPLEMENT AN INTERVENTION MODEL
PURSUANT TO THE STANDARD PROVIDED IN PARAGRAPH A OF THIS SUBDIVISION.
  C. UPON SUBMISSION OF A PETITION, THE SCHOOL  DISTRICT  IN  WHICH  THE
SUBJECT  SCHOOL  IS LOCATED SHALL BE REQUIRED TO IMPLEMENT THE SPECIFIED
INTERVENTION MODEL OR AN ALTERNATIVE INTERVENTION MODEL PURSUANT TO  THE
PROVISIONS OF SUBDIVISION SIX OF THIS SECTION.
  D.    NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A SUBJECT
SCHOOL WHICH IS DESIGNATED IN ACCORDANCE WITH THIS SECTION TO RESTART AS
A CHARTER SCHOOL SHALL APPLY FOR A CHARTER  AND  OPERATE  IN  ACCORDANCE
WITH ARTICLE FIFTY-SIX OF THIS CHAPTER, PROVIDED HOWEVER:
  (I)  A  CHARTER  SCHOOL CREATED UNDER THIS SUBDIVISION SHALL SERVE THE
SAME POPULATION AND GRADES AS THE PREVIOUS SCHOOL;
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL STUDENTS ENROLLED
AT THE TIME THE PETITION PROCESS COMMENCES SHALL BE GIVEN  THE  OPPORTU-
NITY  TO  ENROLL  IN  THE CHARTER SCHOOL PRIOR TO THE ADMISSION OF OTHER
STUDENTS; AND
  (III) THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE AND SUBPAR-
AGRAPH (I) OF PARAGRAPH (B-1) OF SUBDIVISION THREE OF  SECTION  2854  OF
THIS  CHAPTER SHALL NOT APPLY TO CHARTER SCHOOLS OPENED PURSUANT TO THIS
SECTION.
  3. A. A PETITION SHALL ONLY CONTAIN SIGNATURES OF PARENTS OF  STUDENTS
ATTENDING THE SUBJECT SCHOOL.
  B. ONLY ONE PARENT PER STUDENT MAY SIGN A PETITION.

A. 7569--C                          4

  C.  A  PETITION  MAY BE SIGNED BY A PARENT ONCE FOR EACH OF HIS OR HER
STUDENTS ATTENDING THE SUBJECT SCHOOL, PROVIDED HOWEVER A SEPARATE PETI-
TION BOX MUST BE COMPLETED IN ITS  ENTIRETY  FOR  EACH  OF  HIS  OR  HER
STUDENTS.
  D.  A PETITION MAY BE CIRCULATED AND PRESENTED IN SECTIONS, SO LONG AS
EACH SECTION COMPLIES WITH REQUIREMENTS SET FORTH  IN  THIS  SUBDIVISION
AND  SUBDIVISION FOUR OF THIS SECTION REGARDING THE CONTENT OF THE PETI-
TION.
  E. SIGNATURE GATHERERS MAY  NOT  OFFER  GIFTS,  REWARDS,  OR  TANGIBLE
INCENTIVES  TO PARENTS TO SIGN A PETITION. NOR SHALL SIGNATURE GATHERERS
MAKE ANY THREATS OF COERCIVE ACTION, FALSE STATEMENTS OR FALSE  PROMISES
OF  BENEFITS  TO  PARENTS  IN ORDER TO PERSUADE THEM TO SIGN A PETITION,
EXCEPT THAT SIGNATURE GATHERERS, SCHOOL SITE STAFF OR OTHER  MEMBERS  OF
THE  PUBLIC MAY DISCUSS EDUCATION RELATED IMPROVEMENTS HOPED TO BE REAL-
IZED BY IMPLEMENTING ANY INTERVENTION DESCRIBED  IN  THESE  REGULATIONS.
SIGNATURE GATHERERS, STUDENTS, SCHOOL SITE STAFF, SCHOOL DISTRICT STAFF,
MEMBERS  OF  THE  COMMUNITY,  AND PARENTS SHALL BE FREE FROM HARASSMENT,
THREATS, AND INTIMIDATION RELATED TO CIRCULATION OF OR SIGNING  A  PETI-
TION,  AND  FROM BEING DISCOURAGED TO SIGN OR BEING ENCOURAGED TO REVOKE
THEIR SIGNATURE ON A PETITION. SIGNATURE  GATHERERS  SHALL  DISCLOSE  IF
THEY ARE BEING PAID AND SHALL NOT BE PAID PER SIGNATURE.
  F.  SUBJECT  SCHOOL OR DISTRICT RESOURCES SHALL NOT BE USED TO IMPEDE,
ASSIST OR IN ANY WAY INFLUENCE THE PETITION SIGNATURE GATHERING  PROCESS
OTHER THAN AS SPECIFICALLY PROVIDED IN THIS SECTION.
  4.  A. THE PETITION AND EACH SECTION OF THE PETITION SHALL CONTAIN THE
FOLLOWING ELEMENTS:
  (I) A HEADING WHICH STATES THAT IT IS A PETITION OF PARENTS TO REQUEST
THAT A MODEL INTERVENTION BE IMPLEMENTED AT THE SPECIFIED SUBJECT SCHOOL
AND TO BE SUBMITTED TO A SPECIFIED SCHOOL DISTRICT;
  (II) A STATEMENT THAT THE PETITION SEEKS THE SIGNATURES OF THE  PARENT
OF THE STUDENTS ATTENDING THE SUBJECT SCHOOL;
  (III)  THE  NAME  AND PUBLIC CONTACT INFORMATION OF THE CONTACT PERSON
WHO IS TO BE CONTACTED BY PERSONS INTERESTED IN THE PETITION OR  BY  THE
SCHOOL DISTRICT;
  (IV) IDENTIFICATION OF THE INTERVENTION MODEL;
  (V)  A  DESCRIPTION  OF  THE INTERVENTION MODEL USING THE LANGUAGE SET
FORTH IN PARAGRAPHS C, D, E, OR F OF SUBDIVISION  ONE  OF  THIS  SECTION
WITHOUT  OMISSION, TO ENSURE FULL DISCLOSURE OF THE IMPACT OF THE INTER-
VENTION MODEL;
  (VI) THE NAME OF THE SUBJECT SCHOOL;
  (VII) BOXES THAT ARE CONSECUTIVELY NUMBERED COMMENCING WITH NUMBER  1,
WITH  SUFFICIENT SPACE FOR THE SIGNATURE OF EACH PETITION SIGNER AS WELL
AS HIS OR HER PRINTED NAME, DATE, STUDENT'S NAME, THE STUDENT'S DATE  OF
BIRTH,  AND  THE  STUDENT'S CURRENT GRADE. THE BOXES MAY ALSO HAVE SPACE
FOR THE SIGNER'S ADDRESS, CITY OR UNINCORPORATED COMMUNITY NAME, AND ZIP
CODE, OR REQUEST OTHER INFORMATION, AND, IF SO, THE PETITION SHALL  MAKE
CLEAR  THAT PROVIDING SUCH INFORMATION IS VOLUNTARY AND CANNOT BE MADE A
CONDITION OF SIGNING;
  (VIII) AN AFFIRMATION THAT THE SIGNING PARENT IS REQUESTING THE SCHOOL
DISTRICT TO IMPLEMENT THE IDENTIFIED INTERVENTION MODEL AT  THE  SUBJECT
SCHOOL;
  (IX)  IF REQUESTING THAT A SCHOOL DISTRICT IMPLEMENT THE RESTART MODEL
AND THAT THE SUBJECT SCHOOL BE REOPENED UNDER A SPECIFIC CHARTER  SCHOOL
OPERATOR,  CHARTER  MANAGEMENT  ORGANIZATION,  OR  EDUCATION PARTNERSHIP
ORGANIZATION, A CLEAR STATEMENT CONTAINING THAT INFORMATION ON THE FRONT
OF THE PETITION, INCLUDING CONTACT INFORMATION  OF  THE  CHARTER  SCHOOL

A. 7569--C                          5

OPERATOR,  CHARTER  MANAGEMENT  ORGANIZATION  OR  EDUCATION  PARTNERSHIP
ORGANIZATION; AND
  (X) THE NAMES OF ANY AGENCIES OR ORGANIZATIONS THAT ARE SUPPORTING THE
PETITION, EITHER THROUGH DIRECT FINANCIAL ASSISTANCE OR IN-KIND CONTRIB-
UTIONS  OF STAFF AND VOLUNTEER SUPPORT, MUST BE PROMINENTLY DISPLAYED ON
THE FRONT PAGE OF THE PETITION.
  B. THE DEPARTMENT SHALL DEVELOP A  SAMPLE  PETITION,  WHICH  SHALL  BE
AVAILABLE  ON  THE  DEPARTMENT'S  WEBSITE. THE DEPARTMENT SHALL MAKE THE
SAMPLE PETITION AVAILABLE IN THE LANGUAGES PREDOMINANTLY SPOKEN  IN  THE
AFFECTED  COMMUNITY  UPON REQUEST. A PETITIONER SHALL NOT BE REQUIRED TO
USE THE SAMPLE PETITION; HOWEVER, ALTERNATE PETITIONS MUST  CONTAIN  ALL
REQUIRED  COMPONENTS  PURSUANT  TO  THIS SECTION AND REGULATORY REQUIRE-
MENTS.
  5. A. COMPLETED PETITIONS SHALL BE SUBMITTED TO THE SCHOOL DISTRICT BY
THE LEAD PETITIONERS. LEAD PETITIONERS MAY NOT SUBMIT A PETITION TO  THE
SCHOOL  DISTRICT  UNTIL  THEY HAVE COLLECTED THE SIGNATURES OF FIFTY-ONE
PERCENT OR MORE OF THE SUBJECT SCHOOL PARENTS. THE DATE OF SUBMISSION OF
THE PETITION SHALL BE THE START DATE FOR IMPLEMENTATION OF ALL STATUTORY
AND REGULATORY REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION.
  B. CONSISTENT WITH PARAGRAPH A OF SUBDIVISION  SIX  OF  THIS  SECTION,
LEAD  PETITIONERS  SHALL  BE  ALLOWED TO RESUBMIT THEIR PETITION ONCE TO
CORRECT ERRORS IDENTIFIED BY  THE  SCHOOL  DISTRICT,  VERIFY  SIGNATURES
AFTER A GOOD FAITH EFFORT IS MADE BY THE SCHOOL DISTRICT TO DO SO FIRST,
OR  SUBMIT ADDITIONAL SIGNATURES. THE START DATE FOR A RESUBMITTED PETI-
TION SHALL BE THE DATE IT IS RESUBMITTED. NO ROLLING PETITIONS SHALL  BE
ACCEPTED BY THE SCHOOL DISTRICT.
  C.  AT  THE TIME OF PETITION SUBMISSION THE PETITIONERS SHALL SUBMIT A
SEPARATE DOCUMENT THAT IDENTIFIES THE LEAD PETITIONERS AND  THE  CONTACT
PERSON  WITH THEIR CONTACT INFORMATION. THE SCHOOL DISTRICT SHALL SUBSE-
QUENTLY PROCESS ALL OFFICIAL COMMUNICATIONS  PURSUANT  TO  THIS  SECTION
THROUGH THE CONTACT PERSON.
  6.  A.  UPON  RECEIPT  OF  THE  PETITION, THE SCHOOL DISTRICT MAY MAKE
REASONABLE EFFORTS TO VERIFY THAT THE SIGNATURES ON THE PETITION CAN  BE
COUNTED  CONSISTENT  WITH THESE REGULATIONS. A SCHOOL DISTRICT SHALL NOT
INVALIDATE THE SIGNATURE OF A PARENT OF AN ELIGIBLE STUDENT ON  A  MINOR
TECHNICALITY,  AND  SHALL ASSUME THAT THE PARENT IS ENTITLED TO SIGN THE
PETITION UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE TO THE  CONTRARY.
THE  SCHOOL  DISTRICT  SHALL MAKE A GOOD FAITH EFFORT TO CONTACT PARENTS
WHEN A SIGNATURE IS NOT CLEARLY IDENTIFIABLE INCLUDING  PHONE  CALLS  TO
THE PARENT.
  B.  IF,  ON  THE  DATE  THE PETITION IS SUBMITTED, A SUBJECT SCHOOL IS
IDENTIFIED PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF  THIS  SECTION,
IT SHALL REMAIN A SUBJECT SCHOOL UNTIL FINAL DISPOSITION OF THE PETITION
UNLESS  THAT  SCHOOL HAS CEASED TO BE IDENTIFIED AS BEING IN IMPROVEMENT
STATUS.
  C. IN CONNECTION WITH THE  PETITION,  THE  SCHOOL  DISTRICT  MAY  ONLY
CONTACT  PARENTS TO VERIFY ELIGIBLE SIGNATURES ON THE PETITION. THE LEAD
PETITIONERS FOR THE PETITION SHALL BE CONSULTED TO ASSIST IN  CONTACTING
PARENTS WHEN THE SCHOOL DISTRICT FAILS TO REACH A PARENT.
  D.  UPON RECEIPT, THE SCHOOL DISTRICT MAY, WITHIN FORTY CALENDAR DAYS,
RETURN THE PETITION TO THE CONTACT PERSON IF THE SCHOOL DISTRICT  DETER-
MINES ANY OF THE FOLLOWING:
  (I) LESS THAN FIFTY-ONE PERCENT OF THE PARENTS OF STUDENTS MEETING THE
REQUIREMENTS  OF  PARAGRAPH  A OF SUBDIVISION THREE OF THIS SECTION HAVE
SIGNED THE PETITION;
  (II) THE SCHOOL NAMED IN THE PETITION IS NOT A SUBJECT SCHOOL; OR

A. 7569--C                          6

  (III) THE PETITION DOES NOT SUBSTANTIALLY MEET THE REQUIREMENTS SPECI-
FIED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION. IN SUCH A CASE, THE
SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE  THE  CONTACT  PERSON  WRITTEN
NOTICE  OF  ITS  REASONS  FOR  RETURNING THE PETITION AND ITS SUPPORTING
FINDINGS.
  E.  IF  THE SCHOOL DISTRICT FINDS THAT SUFFICIENT SIGNATURES CANNOT BE
VERIFIED, IT SHALL IMMEDIATELY NOTIFY THE CONTACT PERSON AND PROVIDE THE
CONTACT PERSON WITH THE NAMES OF THOSE PARENTS  IT  CANNOT  VERIFY.  THE
LEAD  PETITIONERS  SHALL  BE  PROVIDED SIXTY CALENDAR DAYS TO ASSIST THE
SCHOOL DISTRICT IN VERIFYING THE SIGNATURES. A NUMBER OF METHODS MAY  BE
USED, INCLUDING, BUT NOT LIMITED TO, AN OFFICIAL NOTARIZATION PROCESS OR
HAVING THE PARENT APPEAR AT THE SCHOOL OR DISTRICT OFFICE.
  F.  IF  THE  SCHOOL DISTRICT FINDS ERRORS OR PROBLEMS WITH A SUBMITTED
PETITION OTHER THAN THE NUMBER OF VALID PETITION  SIGNATURES,  IT  SHALL
NOTIFY  THE  CONTACT  PERSON  IN  WRITING OF SUCH ERRORS OR PROBLEMS AND
REQUEST THAT THEY BE CORRECTED OR CLARIFIED PRIOR TO THE FINAL  DISPOSI-
TION OF THE PETITION.
  G. IF THE PETITION IS RETURNED PURSUANT TO PARAGRAPH D, E OR F OF THIS
SUBDIVISION,  THE  SAME  PETITION  MAY BE RESUBMITTED ONCE TO THE SCHOOL
DISTRICT  WITH  VERIFIED  SIGNATURES  OR  OTHER  NECESSARY  CORRECTIONS,
PROVIDED  THAT  NO  SUBSTANTIVE CHANGES MAY BE MADE TO THE PETITION. THE
RESUBMISSION MUST BE COMPLETED NO LATER THAN SIXTY CALENDAR  DAYS  AFTER
THE  RETURN OF THE PETITION PURSUANT TO THIS SUBDIVISION. UPON RESUBMIS-
SION OF THE PETITION, THE SCHOOL DISTRICT SHALL HAVE TWENTY-FIVE  CALEN-
DAR  DAYS TO VERIFY THE RESUBMITTED SIGNATURES, ADDITIONAL SIGNATURES OR
CORRECTIONS TO THE PETITION.
  H. IF SUBSTANTIVE CHANGES ARE MADE TO THE PETITION, IT MUST BE  RECIR-
CULATED FOR SIGNATURES BEFORE IT MAY BE SUBMITTED TO THE SCHOOL DISTRICT
AND IT SHALL BE DEEMED A NEW PETITION.
  I.  IF  THE  SCHOOL  DISTRICT DOES NOT RETURN THE PETITION, THE SCHOOL
DISTRICT SHALL HAVE FORTY-FIVE CALENDAR DAYS FROM THE DATE THE  PETITION
IS RECEIVED TO REACH A FINAL DISPOSITION. THE DATE MAY BE EXTENDED BY AN
ADDITIONAL TWENTY-FIVE CALENDAR DAYS IF THE SCHOOL DISTRICT AND THE LEAD
PETITIONERS AGREE TO THE EXTENSION IN WRITING.
  J. THE SCHOOL DISTRICT SHALL NOTIFY THE COMMISSIONER IN WRITING WITHIN
FIFTEEN  CALENDAR  DAYS  OF  ITS  RECEIPT OF A PETITION, AND WITHIN FIVE
CALENDAR DAYS OF THE FINAL DISPOSITION OF THE PETITION.  THE  NOTICE  OF
FINAL DISPOSITION SHALL STATE:
  (I)  THAT THE SCHOOL DISTRICT WILL IMPLEMENT THE MODEL INTERVENTION IN
THE PETITION; OR
  (II) THE REASON IT CANNOT IMPLEMENT  THE  INTERVENTION  MODEL  IN  THE
PETITION,  DESIGNATE WHICH INTERVENTION MODEL IT WILL IMPLEMENT INSTEAD,
AND HOW THE INTERVENTION MODEL SELECTED  BY  THE  SCHOOL  DISTRICT  WILL
ENSURE THAT THE SCHOOL WILL MAKE ADEQUATE YEARLY PROGRESS.
  K. THE COMMISSIONER SHALL REVIEW THE FINAL DISPOSITION AS SUBMITTED BY
A  SCHOOL  DISTRICT.  IF  THE  COMMISSIONER  CONCLUDES  THAT  THE SCHOOL
DISTRICT HAS NOT PRESENTED SUFFICIENT GROUNDS FOR REJECTING  THE  RECOM-
MENDED  INTERVENTION  MODEL  IN THE PETITION, OR HAS NOT PROVIDED SUFFI-
CIENT GROUNDS  FOR  CHOOSING  AN  ALTERNATIVE  INTERVENTION  MODEL,  THE
COMMISSIONER SHALL REJECT THE SCHOOL DISTRICT'S DECISION. SUCH REJECTION
SHALL  BE  PROVIDED  TO  THE  SCHOOL DISTRICT AND THE LEAD PETITIONER IN
WRITING WITHIN THIRTY DAYS OF RECEIPT OF THE FINAL DISPOSITION FROM  THE
SCHOOL  DISTRICT,  INCLUDING ISSUES THAT THE SCHOOL DISTRICT MAY ADDRESS
IN RECONSIDERING THEIR DECISION.  UPON  RECEIPT  OF  THE  COMMISSIONER'S
DECISION TO REJECT THEIR FINAL DISPOSITION, A SCHOOL DISTRICT SHALL HAVE
THIRTY  DAYS  TO  RESUBMIT  AN  AMENDED FINAL DISPOSITION. IF THE SCHOOL

A. 7569--C                          7

DISTRICT DOES NOT SUBMIT AN AMENDED FINAL DISPOSITION WITHIN THE  THIRTY
DAY  PERIOD, THE INTERVENTION MODEL IN THE PETITION SHALL BE IMPLEMENTED
BY THE SCHOOL DISTRICT. IF THE COMMISSIONER CONCLUDES THAT A  RE-SUBMIT-
TED  FINAL  DECISION  BY  THE SCHOOL DISTRICT IS STILL INSUFFICIENT, THE
COMMISSIONER SHALL, WITHIN THIRTY DAYS, ISSUE A FINAL DISPOSITION  AFTER
CONSULTING  WITH  THE  SCHOOL DISTRICT AND THE LEAD PETITIONERS, AND THE
SCHOOL DISTRICT SHALL IMPLEMENT THAT INTERVENTION MODEL ON  A  TIMETABLE
SPECIFIED BY THE COMMISSIONER.
  7. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO CITIES HAVING
A POPULATION OF MORE THAN TWO HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN
THREE HUNDRED THOUSAND.
  8.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION,  INCLUDING  TO  ENSURE  THE
TRANSITION IN SCHOOL GOVERNANCE AND OTHER CHANGES RELATED TO IMPLEMENTA-
TION  OF  THE  TURNAROUND  MODEL  IN  A  MANNER  THAT RESULTS IN MINIMAL
DISRUPTION TO THE INSTRUCTIONAL ENVIRONMENT.
  9. BY JANUARY FIRST OF THE YEAR IN WHICH THIS ACT EXPIRES, THE DEPART-
MENT SHALL SUBMIT TO THE OFFICE OF THE GOVERNOR, THE  PRESIDENT  OF  THE
SENATE,  THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,
THE MINORITY LEADER OF THE ASSEMBLY, THE SENATE  STANDING  COMMITTEE  ON
EDUCATION  AND  THE ASSEMBLY STANDING COMMITTEE ON EDUCATION A REPORT OF
THE USAGE, IMPLEMENTATION, COST AND  ALL  RELEVANT  STUDENT  PERFORMANCE
DATA FOR SCHOOLS WHICH PARTICIPATED IN THE PARENT EMPOWERMENT PROGRAM.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law,  provided,  however,  that
this act shall expire and be deemed repealed ten years after the date of
enactment, and provided further that the commissioner of education shall
be  immediately  authorized  and  directed to promulgate rules and regu-
lations and take any and all other actions necessary  to  implement  the
provisions of this act on such date.