S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10643
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
   -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  establishing  school
   registration and support and assistance for designated schools; and to
   repeal certain sections of the education law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 211-a, 211-b, and 211-f of the education  law  are
 REPEALED and a new section 211-a is added to read as follows:
   § 211-A. SCHOOL REGISTRATION AND SUPPORT AND ASSISTANCE FOR DESIGNATED
 SCHOOLS.  1.  REGISTRATION  OF PUBLIC SCHOOLS. ALL PUBLIC SCHOOLS IN THE
 STATE SHALL BE REGISTERED BY THE BOARD OF  REGENTS,  PROVIDED,  HOWEVER,
 THAT  CHARTER  SCHOOLS  SHALL NOT BE SUBJECT TO REGISTRATION PURSUANT TO
 THIS SECTION, BUT SHALL BE HELD ACCOUNTABLE FOR MEETING OR EXCEEDING THE
 STUDENT PERFORMANCE STANDARDS AND STUDENT ASSESSMENT REQUIREMENTS APPLI-
 CABLE TO OTHER PUBLIC SCHOOLS IN ACCORDANCE WITH THE PROVISIONS OF ARTI-
 CLE FIFTY-SIX OF THIS CHAPTER. ONCE REGISTERED, A SCHOOL DISTRICT  SHALL
 NOT CLOSE, MERGE, SPLIT, CHANGE THE GRADE CONFIGURATION, OR SUBSTANTIAL-
 LY  CHANGE  THE  ENROLLMENT  OF  THE REGISTERED SCHOOL WITHOUT THE PRIOR
 CONSENT OF THE COMMISSIONER. THE  COMMISSIONER  SHALL  DENY  OR  REQUIRE
 MODIFICATIONS TO A REQUEST ONLY WHERE APPROVING THE REQUEST SHALL HAVE A
 DEMONSTRABLE AND SUBSTANTIAL NEGATIVE IMPACT ON THE LEARNING ENVIRONMENT
 FOR STUDENTS.
   2. ANNUAL DETERMINATION OF SCHOOL NEED FOR SUPPORT AND ASSISTANCE. THE
 COMMISSIONER  SHALL  DETERMINE ANNUALLY WHETHER EACH PUBLIC SCHOOL IS IN
 NEED OF ADDITIONAL SUPPORT AND ASSISTANCE BASED  ON  MULTIPLE  MEASURES,
 INCLUDING  ACADEMIC  AND  NON-ACADEMIC  MEASURES,  AS  DETERMINED BY THE
 COMMISSIONER.
   3. IDENTIFICATION OF SCHOOLS FOR ADDITIONAL SUPPORT AND ASSISTANCE. IF
 BASED ON THE ANNUAL DETERMINATION, PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION,  THE  COMMISSIONER  DETERMINES THAT A SCHOOL WOULD BENEFIT FROM
 ADDITIONAL SUPPORT AND ASSISTANCE  BASED  ON  ACADEMIC  PERFORMANCE  AND
 OTHER MEASURES, THE COMMISSIONER MAY DESIGNATE THE SCHOOL FOR ADDITIONAL
 SUPPORT  AND ASSISTANCE.   EACH SCHOOL IDENTIFIED UNDER THIS SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15859-04-2
 A. 10643                            2

 SHALL DEVELOP AN IMPROVEMENT PLAN TO  ADDRESS  THE  IDENTIFIED  ACADEMIC
 PERFORMANCE  AND OTHER MEASURES. SUCH PLAN SHALL BE DEVELOPED IN CONSUL-
 TATION WITH A COMMUNITY ENGAGEMENT TEAM  APPOINTED  IN  ACCORDANCE  WITH
 SUBDIVISION  THIRTEEN  OF  THIS  SECTION, IN SUCH FORM AND IN ACCORDANCE
 WITH SUCH FORMAT AS MAY BE PRESCRIBED BY THE COMMISSIONER, AND  APPROVED
 BY  THE BOARD OF EDUCATION OR CHANCELLOR, IN A SCHOOL DISTRICT IN A CITY
 OF ONE MILLION OR MORE INHABITANTS, BY SUCH DATE AS THE COMMISSIONER MAY
 ESTABLISH.
   4. IDENTIFICATION OF SCHOOLS FOR INTENSIVE SUPPORT AND ASSISTANCE.  IF
 BASED  ON  THE ANNUAL DETERMINATION, PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION, A SCHOOL IS AMONG THOSE IN  THE  STATE  AS  DETERMINED  BY  THE
 COMMISSIONER  THAT WOULD MOST BENEFIT FROM INTENSIVE SUPPORT AND ASSIST-
 ANCE, THE COMMISSIONER MAY DESIGNATE THE SCHOOL  FOR  INTENSIVE  SUPPORT
 AND  ASSISTANCE.  EACH  SCHOOL  IDENTIFIED  UNDER THIS SUBDIVISION SHALL
 DEVELOP AN IMPROVEMENT PLAN TO ADDRESS THE IDENTIFIED ACADEMIC  PERFORM-
 ANCE  AND  OTHER  MEASURES. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION
 WITH A COMMUNITY ENGAGEMENT TEAM APPOINTED IN ACCORDANCE  WITH  SUBDIVI-
 SION  THIRTEEN OF THIS SECTION, IN SUCH FORM AND IN ACCORDANCE WITH SUCH
 FORMAT AS MAY BE PRESCRIBED BY THE COMMISSIONER,  AND  APPROVED  BY  THE
 BOARD  OR EDUCATION OR CHANCELLOR, IN A SCHOOL DISTRICT IN A CITY OF ONE
 MILLION OR MORE INHABITANTS, BY SUCH DATE AS THE COMMISSIONER MAY ESTAB-
 LISH.
   5. ALIGNMENT OF FEDERAL AND STATE ACCOUNTABILITY REQUIREMENTS.  TO THE
 GREATEST EXTENT PRACTICABLE, THE COMMISSIONER SHALL  ALIGN  THE  PROCESS
 FOR  IDENTIFICATION OF SCHOOLS FOR ADDITIONAL SUPPORT AND ASSISTANCE AND
 INTENSIVE SUPPORT AND ASSISTANCE AND THE ACTIONS THAT ARE REQUIRED TO BE
 TAKEN AS A RESULT OF SUCH IDENTIFICATIONS WITH THE STATE'S PLAN APPROVED
 BY THE UNITED STATES SECRETARY OF EDUCATION FOR MEETING THE REQUIREMENTS
 OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN OF THE ELEMENTARY AND SECOND-
 ARY EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS  AMENDED,  AND  THE
 FEDERAL REGULATIONS IMPLEMENTING SUCH STATUTE.
   6. DEMONSTRABLE IMPROVEMENT TARGETS FOR SELECTED INTENSIVE SUPPORT AND
 ASSISTANCE  SCHOOLS.   THE COMMISSIONER SHALL ASSIGN SCHOOL DEMONSTRABLE
 IMPROVEMENT TARGETS TO A SCHOOL THAT:
   A. IS DETERMINED BY THE COMMISSIONER TO BE FARTHEST FROM STATE  STAND-
 ARDS  UPON THE SCHOOL'S INITIAL IDENTIFICATION FOR INTENSIVE SUPPORT AND
 ASSISTANCE.
   B. HAS REMAINED IDENTIFIED FOR INTENSIVE SUPPORT  AND  ASSISTANCE  FOR
 THREE CONSECUTIVE YEARS.
   7.  REMOVAL OF SCHOOLS FROM DESIGNATION. THE COMMISSIONER SHALL ESTAB-
 LISH PERFORMANCE TARGETS FOR SCHOOLS IDENTIFIED AS IN NEED OF ADDITIONAL
 SUPPORT AND ASSISTANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION  OR
 INTENSIVE  SUPPORT  AND  ASSISTANCE PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. SCHOOLS THAT ACHIEVE THEIR PERFORMANCE TARGETS SHALL BE REMOVED
 FROM THEIR DESIGNATION.
   8. EDUCATIONAL SUPPORT SPECIALIST. A. IF A SCHOOL IS  UNABLE  TO  MAKE
 DEMONSTRABLE IMPROVEMENT, AS DETERMINED BY THE COMMISSIONER, THE COMMIS-
 SIONER  MAY APPOINT AN EDUCATIONAL SUPPORT SPECIALIST TO PROVIDE SUPPORT
 AND ASSISTANCE TO THE SCHOOL AND DISTRICT IN IMPLEMENTING  THE  SCHOOL'S
 IMPROVEMENT PLAN. THE EDUCATIONAL SUPPORT SPECIALIST SHALL HAVE:
   (I) EITHER:
   (A)  NEW  YORK STATE CERTIFICATION AS A SCHOOL DISTRICT ADMINISTRATOR,
 SCHOOL DISTRICT LEADER OR A SUBSTANTIALLY EQUIVALENT  CERTIFICATION,  AS
 DETERMINED  BY  THE  COMMISSIONER,  ISSUED BY A JURISDICTION OUTSIDE THE
 STATE; OR
 A. 10643                            3

   (B) A DOCTORATE IN EDUCATION, DOCTORATE IN PHILOSOPHY IN EDUCATION  OR
 OTHER  COMPARABLE  ADVANCED  DEGREE  AND A MINIMUM OF FIVE YEARS WORKING
 DIRECTLY  IN  LOW  PERFORMING  DISTRICTS  OR  DRAMATICALLY  RAISING  THE
 ACHIEVEMENT  OF  HIGH  NEEDS  STUDENTS  IN  MODERATE  TO HIGH PERFORMING
 DISTRICTS;
   (II) EXPERIENCE AS A PRINCIPAL ASSISTANT SUPERINTENDENT, DEPUTY SUPER-
 INTENDENT,  SUPERINTENDENT,  OR  COMPARABLE  ADMINISTRATOR  IN  A SCHOOL
 DISTRICT, CHARTER SCHOOL, BOCES OR A NONPROFIT EDUCATIONAL  ORGANIZATION
 WITHIN THE PAST THREE YEARS OR, WHERE APPLICABLE, WITHIN THE IMMEDIATELY
 PRECEDING  THREE  YEARS  FROM  THE DATE OF APPOINTMENT AS AN EDUCATIONAL
 SUPPORT SPECIALIST;
   (III) DEMONSTRATED AN ABILITY TO SUCCESSFULLY WORK WITH AT RISK  POPU-
 LATIONS IN CLOSING ACHIEVEMENT GAPS; AND
   (IV)  EXPERIENCE  IN  SCHOOL  TURNAROUND  AND  SUSTAINING THE ACADEMIC
 SUCCESS OF AT RISK STUDENTS.
   B. THE EDUCATIONAL SUPPORT  SPECIALIST  SHALL  BE  NEITHER  A  CURRENT
 EMPLOYEE OF THE SCHOOL DISTRICT NOR BE PERMITTED TO DO OTHER COMPENSATED
 WORK  FOR  THE SCHOOL DISTRICT WITHOUT THE APPROVAL OF THE COMMISSIONER.
 THE EDUCATIONAL SUPPORT SPECIALIST SHALL BE APPOINTED BY  AND  SERVE  AT
 THE  PLEASURE  OF THE COMMISSIONER. THE COMMISSIONER SHALL ESTABLISH THE
 RATE OF COMPENSATION FOR THE EDUCATIONAL SUPPORT SPECIALIST TO  BE  PAID
 BY  THE  SCHOOL DISTRICT. SUCH COMPENSATION MAY NOT EXCEED THE SALARY OF
 THE SCHOOL DISTRICT'S SUPERINTENDENT  EXCEPT  IN  EXTRAORDINARY  CIRCUM-
 STANCES  WHICH  SHALL  BE  OUTLINED  BY THE COMMISSIONER TO THE BOARD OF
 EDUCATION. THE EDUCATIONAL  SUPPORT  SPECIALIST  SHALL  BE  ENTITLED  TO
 DEFENSE AND INDEMNIFICATION BY THE SCHOOL DISTRICT TO THE SAME EXTENT AS
 A  SCHOOL  DISTRICT  EMPLOYEE.    THE  CONTRACT  BETWEEN THE EDUCATIONAL
 SUPPORT SPECIALIST AND THE SCHOOL DISTRICT SHALL BE SUBJECT TO  APPROVAL
 BY THE COMMISSIONER.
   (I) THE EDUCATIONAL SUPPORT SPECIALIST SHALL:
   (A)  SUPPORT AND ASSIST THE SCHOOL IN IMPLEMENTING AN IMPROVEMENT PLAN
 FOR SUCH SCHOOL WORKING WITH THE DISTRICT ADMINISTRATION AND THE  COMMU-
 NITY ENGAGEMENT TEAM.
   (B)  ANNUALLY  REPORT  TO  THE  BOARD OF EDUCATION OR CHANCELLOR, IN A
 SCHOOL DISTRICT IN A CITY OF ONE MILLION OR MORE INHABITANTS, AND TO THE
 COMMISSIONER ON FINDINGS  AND  RECOMMENDATIONS  REGARDING  THE  SCHOOL'S
 IMPLEMENTATION  OF  ITS IMPROVEMENT PLAN. SUBJECT TO THE PROVISIONS OF A
 DISTRICT'S COLLECTIVE BARGAINING  AGREEMENTS,  THE  EDUCATIONAL  SUPPORT
 SPECIALIST  MAY  RECOMMEND  THAT THE DISTRICT TAKE THE FOLLOWING ACTIONS
 REGARDING THE SCHOOL AND PROVIDE A RATIONALE FOR WHY THESE CHANGES  WILL
 ASSIST THE SCHOOL IN MEETING DEMONSTRABLE IMPROVEMENT TARGETS:
   (1) EXPAND, ALTER, OR REPLACE THE CURRICULUM AND PROGRAM OFFERINGS;
   (2)  REPLACE  PRINCIPALS  AND ASSISTANT PRINCIPALS WHO THE EDUCATIONAL
 SUPPORT SPECIALIST DETERMINES ARE UNABLE OR UNWILLING TO  IMPLEMENT  THE
 SCHOOL'S IMPROVEMENT PLAN;
   (3)  INCREASE  THE  BUDGET,  SUBJECT  TO THE AVAILABILITY OF FUNDS, OR
 REALLOCATE THE USES OF THE EXISTING BUDGET OF THE SCHOOL;
   (4) EXPAND THE SCHOOL DAY, OR SCHOOL YEAR, OR BOTH;
   (5) FOR A SCHOOL THAT OFFERS FIRST  GRADE,  ADD  PRE-KINDERGARTEN  AND
 FULL-DAY  KINDERGARTEN CLASSES, IF THE SCHOOL DOES NOT ALREADY HAVE SUCH
 CLASSES; AND
   (6) EXPAND, ALTER, OR REPLACE THE PROFESSIONAL DEVELOPMENT PROGRAM FOR
 SCHOOL STAFF, WITH AN EMPHASIS ON STRATEGIES THAT INVOLVE TEACHER  INPUT
 AND FEEDBACK.
   (II)  UPON RECEIPT OF ANY RECOMMENDATIONS FROM THE EDUCATIONAL SUPPORT
 SPECIALIST, THE BOARD OF EDUCATION, OR CHANCELLOR, IN A SCHOOL  DISTRICT
 A. 10643                            4
 
 IN  A CITY OF ONE MILLION OR MORE INHABITANTS WORKING WITH THE COMMUNITY
 ENGAGEMENT TEAM, SHALL EITHER TAKE SUCH  ACTIONS  AS  ARE  NECESSARY  TO
 IMPLEMENT  THE  RECOMMENDATIONS  OR PROVIDE A WRITTEN EXPLANATION TO THE
 COMMISSIONER  OF  ITS REASONS FOR NOT IMPLEMENTING SUCH RECOMMENDATIONS.
 NO RECOMMENDATIONS MAY BE ADOPTED BY THE SCHOOL DISTRICT THAT ALTERS THE
 COLLECTIVE BARGAINING AGREEMENT WITHOUT THE  APPROVAL  OF  THE  AFFECTED
 COLLECTIVE  BARGAINING  UNIT.  THE  COMMISSIONER SHALL REVIEW THE EDUCA-
 TIONAL SUPPORT SPECIALIST'S REPORT AND EITHER  DIRECT  THE  DISTRICT  TO
 TAKE  THE  ACTIONS RECOMMENDED BY THE EDUCATIONAL SUPPORT SPECIALIST AND
 ANY OTHER ACTIONS THAT THE COMMISSIONER DEEMS  APPROPRIATE  OR,  IF  THE
 WRITTEN EXPLANATION PROVIDED BY THE DISTRICT HAS MERIT, AS DETERMINED BY
 THE COMMISSIONER, EXCUSING THE DISTRICT FROM SUCH RECOMMENDATIONS.
   9. DISAGREEMENT WITH PRELIMINARY DETERMINATION. PRIOR TO DESIGNATING A
 SCHOOL AS NEEDING ADDITIONAL SUPPORT AND ASSISTANCE PURSUANT TO SUBDIVI-
 SION THREE OF THIS SECTION, INTENSIVE SUPPORT AND ASSISTANCE PURSUANT TO
 SUBDIVISION  FOUR OF THIS SECTION, PLACING THE SCHOOL UNDER REGISTRATION
 REVIEW PURSUANT TO SUBDIVISION TEN OF THIS SECTION, OR MAKING A DETERMI-
 NATION THAT A SCHOOL HAS BEEN UNABLE TO MAKE ANNUAL PROGRESS  OR  DEMON-
 STRABLE IMPROVEMENT, THE COMMISSIONER SHALL NOTIFY THE DISTRICT OF THEIR
 PRELIMINARY DETERMINATION AND OFFER THE DISTRICT AN OPPORTUNITY TO DISA-
 GREE  IN WRITING BEFORE THEY MAKE A FINAL DETERMINATION IN REGARD TO THE
 SCHOOL.
   10. PLACEMENT OF SCHOOLS UNDER REGISTRATION REVIEW.  IF,  AFTER  THREE
 SCHOOL  YEARS  FROM  THE  COMMISSIONER ASSIGNING THE SCHOOL DEMONSTRABLE
 IMPROVEMENT TARGETS, THE COMMISSIONER DETERMINES THAT A SCHOOL HAS  BEEN
 UNABLE  TO  MAKE  DEMONSTRABLE IMPROVEMENT, THE COMMISSIONER SHALL PLACE
 THE SCHOOL'S REGISTRATION UNDER REVIEW, UNLESS  THE  COMMISSIONER  FINDS
 THERE  ARE  EXTENUATING  OR  EXTRAORDINARY  CIRCUMSTANCES  THAT  WARRANT
 PROVIDING THE  SCHOOL  WITH  MORE  TIME  TO  ACHIEVE  SUCH  DEMONSTRABLE
 IMPROVEMENT  TARGETS.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS
 SECTION, THE COMMISSIONER SHALL  NOT  PLACE  UNDER  REGISTRATION  REVIEW
 SCHOOLS  WITHIN  A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SUBDIVISION
 EIGHT OF SECTION FOUR THOUSAND ONE OF THIS CHAPTER.
   11. PUBLIC NOTIFICATION. A. UPON PLACING THE REGISTRATION OF A  SCHOOL
 UNDER  REVIEW  PURSUANT  TO SUBDIVISION TEN OF THIS SECTION, THE COMMIS-
 SIONER SHALL NOTIFY THE BOARD OF EDUCATION OR CHANCELLOR,  IN  A  SCHOOL
 DISTRICT  IN  A CITY OF ONE MILLION OR MORE INHABITANTS, THAT THE SCHOOL
 HAS BEEN PLACED UNDER REGISTRATION REVIEW, AND THAT  THE  SCHOOL  IS  AT
 RISK  OF HAVING ITS REGISTRATION REVOKED. UPON RECEIPT OF SUCH NOTIFICA-
 TION, THE BOARD OF EDUCATION, OR CHANCELLOR, IN A SCHOOL DISTRICT  IN  A
 CITY  OF  ONE MILLION OR MORE INHABITANTS, SHALL TAKE APPROPRIATE ACTION
 TO NOTIFY THE GENERAL PUBLIC AND SCHOOL COMMUNITY  OF  THE  ISSUANCE  OF
 SUCH  NOTIFICATION  PURSUANT  TO  COMMISSIONER'S REGULATIONS AND PROVIDE
 INFORMATION ON THE  SCHOOL  DISTRICT'S  PLAN  TO  IMPROVE  THE  SCHOOL'S
 PERFORMANCE.
   B.  EACH  YEAR  THAT  A  SCHOOL REMAINS UNDER REGISTRATION REVIEW, THE
 SCHOOL DISTRICT SHALL OFFER PARENTS AN OPPORTUNITY TO ENROLL THEIR CHIL-
 DREN IN A DIFFERENT REGISTERED SCHOOL OPERATED BY THE SCHOOL DISTRICT IN
 WHICH SEATS IN THE SAME GRADE AS THE CHILD  WILL  ATTEND  THE  FOLLOWING
 SCHOOL  YEAR  ARE AVAILABLE. DISTRICTS SHALL ADOPT SUCH ENROLLMENT POLI-
 CIES AS ARE NECESSARY TO GIVE PRIORITY TO PARENTS WHO WISH  TO  TRANSFER
 THEIR  CHILD  FROM  A  SCHOOL  THAT  HAS  BEEN PLACED UNDER REGISTRATION
 REVIEW.
   12. REGISTRATION REVIEW TEAM. UPON THE PLACEMENT OF A SCHOOL'S  REGIS-
 TRATION  UNDER  REVIEW  PURSUANT TO SUBDIVISION TEN OF THIS SECTION, THE
 COMMISSIONER, AFTER CONSULTATION WITH THE SCHOOL DISTRICT, SHALL  ASSIGN
 A. 10643                            5
 
 A  REGISTRATION  REVIEW TEAM. THE REGISTRATION REVIEW TEAM SHALL CONDUCT
 RESOURCE AND PROGRAM AND PLANNING AUDITS  AND  EXAMINE  THE  QUALITY  OF
 CURRICULUM,  INSTRUCTIONAL PLANS, AND TEACHING IN THE SCHOOL, THE LEARN-
 ING  OPPORTUNITIES  AND  SUPPORT SERVICES AVAILABLE TO STUDENTS, AND THE
 ORGANIZATION AND OPERATIONS OF THE SCHOOL. AFTER SUCH  REVIEW  THE  TEAM
 SHALL  PROVIDE  DIAGNOSTIC RECOMMENDATIONS FOR SCHOOL IMPROVEMENT, WHICH
 MAY INCLUDE ADMINISTRATIVE AND OPERATIONAL IMPROVEMENTS. THE SUPERINTEN-
 DENT SHALL CONSIDER THE RECOMMENDATION OF THE TEAM FOR INCLUSION IN  THE
 SCHOOL  IMPROVEMENT  PLAN.  THE  SUPERINTENDENT SHALL PROVIDE ANNUALLY A
 REPORT TO THE COMMISSIONER ON THE SCHOOL'S PROGRESS ON  THE  IMPLEMENTA-
 TION OF THE IMPROVEMENT PLAN.
   13.  COMMUNITY  ENGAGEMENT  TEAM.  UPON IDENTIFICATION OF A SCHOOL FOR
 ADDITIONAL SUPPORT AND ASSISTANCE, INTENSIVE SUPPORT AND  ASSISTANCE  OR
 DESIGNATION  OF A SCHOOL FOR REGISTRATION REVIEW PURSUANT TO SUBDIVISION
 TEN OF THIS SECTION, THE DISTRICT SHALL ESTABLISH A COMMUNITY ENGAGEMENT
 TEAM, WHICH SHALL INCLUDE  COMMUNITY  STAKEHOLDERS,  INCLUDING  BUT  NOT
 LIMITED  TO  THE  SCHOOL  PRINCIPAL, PARENTS AND GUARDIANS, TEACHERS AND
 OTHER SCHOOL STAFF AND STUDENTS.    MEMBERSHIP  OF  TEACHERS  AND  OTHER
 SCHOOL  STAFF ON SUCH TEAM SHALL BE BASED UPON THE RECOMMENDATION OF THE
 RESPECTIVE COLLECTIVE BARGAINING UNIT. MEMBERSHIP OF SUCH  TEAM  MAY  BE
 MODIFIED  BY THE DISTRICT AT ANY TIME. SUCH TEAM SHALL DEVELOP RECOMMEN-
 DATIONS FOR IMPROVEMENT OF THE SCHOOL AND SHALL  SOLICIT  INPUT  THROUGH
 PUBLIC  ENGAGEMENT.  THE  COMMUNITY  ENGAGEMENT  TEAM  SHALL PRESENT ITS
 RECOMMENDATIONS PERIODICALLY TO THE SCHOOL LEADERSHIP AND,  AS  APPLICA-
 BLE, THE EDUCATIONAL SUPPORT SPECIALIST.
   14.  REQUIRED ACTIONS RESULTING FROM SCHOOLS PLACED UNDER REGISTRATION
 REVIEW. THE COMMISSIONER MAY REQUIRE SCHOOL  BOARD  MEMBERS  TO  UNDERGO
 CONFLICT  RESOLUTION  TRAINING  AND  UP TO FIFTEEN HOURS OF PROFESSIONAL
 DEVELOPMENT ANNUALLY TO SUPPORT THE IMPLEMENTATION OF A SCHOOL  IMPROVE-
 MENT  PLAN FOR ANY SCHOOL THAT HAS BEEN PLACED UNDER REGISTRATION REVIEW
 PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
   15. REMOVAL FROM REGISTRATION REVIEW. SCHOOLS PLACED  UNDER  REGISTRA-
 TION  REVIEW  THAT  MAKE  DEMONSTRABLE IMPROVEMENT, AS DETERMINED BY THE
 COMMISSIONER, FOR TWO CONSECUTIVE YEARS, OR THAT ARE REMOVED FROM DESIG-
 NATION AS INTENSIVE SUPPORT AND ASSISTANCE  SCHOOLS,  SHALL  BE  REMOVED
 FROM REGISTRATION REVIEW.
   16.  INABILITY  TO MAKE DEMONSTRABLE IMPROVEMENT WHILE UNDER REGISTRA-
 TION REVIEW. A. IF, AFTER  TWO  FULL  SCHOOL  YEARS  UNDER  REGISTRATION
 REVIEW,  THE  COMMISSIONER  DETERMINES THAT THE SCHOOL IS UNABLE TO MAKE
 DEMONSTRABLE IMPROVEMENT IN MEETING PERFORMANCE TARGETS  ESTABLISHED  BY
 THE  COMMISSIONER,  THE  COMMISSIONER SHALL REQUIRE THE DISTRICT TO TAKE
 ONE OF THE FOLLOWING ACTIONS:
   (I) ENTER INTO A CONTRACT TO HAVE THE SCHOOL BE MANAGED BY  AN  EDUCA-
 TIONAL PARTNERSHIP ORGANIZATION PURSUANT TO SECTION TWO HUNDRED ELEVEN-C
 OF THIS PART;
   (II)  CLOSE  OR  PHASE OUT THE SCHOOL IN ACCORDANCE WITH A PLAN, WHICH
 MAY INCLUDE THE OPENING OF A REPLACEMENT SCHOOL, APPROVED BY THE COMMIS-
 SIONER. IN THE EVENT THAT A SCHOOL DISTRICT SEEKS TO OPEN  A  SCHOOL  TO
 REPLACE  A CLOSING OR PHASING OUT SCHOOL, THE COMMISSIONER MAY ASSIGN AN
 EDUCATIONAL SUPPORT SPECIALIST TO OVERSEE THE OPENING OF A  NEW  SCHOOL.
 THE  ASSIGNMENT  OF  THE EDUCATIONAL SUPPORT SPECIALIST MAY BE CONTINUED
 UNTIL THE SCHOOL HAS FOR TWO CONSECUTIVE YEARS MET  PERFORMANCE  TARGETS
 ESTABLISHED BY THE COMMISSIONER.
   B.  A  SCHOOL SHALL BE REMOVED FROM REGISTRATION REVIEW STATUS UPON AN
 EDUCATIONAL PARTNERSHIP ORGANIZATION, ENTERING INTO A CONTRACT TO  OPER-
 ATE  THE  SCHOOL PURSUANT TO THIS SUBDIVISION BUT SHALL BE DESIGNATED AS
 A. 10643                            6
 
 AN INTENSIVE SUPPORT AND ASSISTANCE SCHOOL AND SHALL BE GIVEN DEMONSTRA-
 BLE IMPROVEMENT TARGETS.
   C.  THE  COMMISSIONER  MAY  PROVIDE  SCHOOLS  MORE TIME TO DEMONSTRATE
 DEMONSTRABLE IMPROVEMENT UPON A FINDING THAT THERE ARE EXTRAORDINARY  OR
 EXTENUATING CIRCUMSTANCES THAT WARRANT SUCH AN EXTENSION, AS THE COMMIS-
 SIONER DETERMINES.
   17.  ESTABLISHMENT  OF  A  COMMUNITY  SCHOOL. A COMMUNITY SCHOOL MODEL
 SHALL BE IMPLEMENTED IN ANY SCHOOL WHICH IS MANAGED  BY  AN  EDUCATIONAL
 PARTNERSHIP  ORGANIZATION,  PURSUANT  TO  SUBDIVISION  SIXTEEN  OF  THIS
 SECTION.
   18. REVOCATION OF REGISTRATION. IF A SCHOOL DISTRICT FAILS TO TAKE ONE
 OF THE ACTIONS PURSUANT TO PARAGRAPH A OF SUBDIVISION  SIXTEEN  OF  THIS
 SECTION,  THE  COMMISSIONER  MAY DESIGNATE THE SCHOOL AS AN UNACCEPTABLE
 LEARNING ENVIRONMENT, REVOKE THE REGISTRATION OF THE SCHOOL,  AND  CAUSE
 THE  DISTRICT  TO IMPLEMENT A PLAN FOR THE EDUCATION OF THE STUDENTS WHO
 ATTEND SUCH SCHOOL. BEFORE TAKING SUCH ACTION,  THE  COMMISSIONER  SHALL
 OFFER  THE  SCHOOL  DISTRICT AN OPPORTUNITY TO PROVIDE JUSTIFICATION FOR
 WHY THE COMMISSIONER SHOULD  NOT  TAKE  SUCH  ACTIONS,  IN  A  TIMEFRAME
 PRESCRIBED  BY THE COMMISSIONER. NO SCHOOL DISTRICT MAY OPERATE A PUBLIC
 SCHOOL WHOSE REGISTRATION HAS BEEN REVOKED PURSUANT TO THIS SUBDIVISION.
   19.  COLLECTIVE  BARGAINING  AGREEMENTS.  NOTWITHSTANDING  ANY   OTHER
 PROVISION  OF  LAW,  RULE, OR REGULATION TO THE CONTRARY, ALL COLLECTIVE
 BARGAINING AGREEMENTS ENTERED INTO AFTER JULY FIRST, TWO THOUSAND  TWEN-
 TY-THREE  SHALL  BE  CONSISTENT  WITH  THE REQUIREMENTS OF THIS SECTION,
 UNLESS THE AGREEMENT RELATES TO THE TWO THOUSAND  TWENTY-TWO--TWO  THOU-
 SAND  TWENTY-THREE  SCHOOL  YEAR  ONLY. NOTHING IN THIS SECTION SHALL BE
 CONSTRUED TO ABROGATE  ANY  CONFLICTING  PROVISIONS  OF  ANY  COLLECTIVE
 BARGAINING  AGREEMENT IN EFFECT ON JULY FIRST, TWO THOUSAND TWENTY-THREE
 DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE ENTRY INTO  A  SUCCESSOR
 COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITHSTANDING ANY OTHER
 PROVISION  OF  LAW TO THE CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE
 ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE PROVISIONS OF
 THIS SECTION SHALL APPLY; PROVIDED  HOWEVER  NO  SCHOOL  DISTRICT  SHALL
 ADOPT  AN  IMPROVEMENT  PLAN  IN  CONFLICT  WITH THE DISTRICT COLLECTIVE
 BARGAINING  AGREEMENT  WITHOUT  RECEIVING  APPROVAL  FROM  THE  AFFECTED
 COLLECTIVE BARGAINING UNIT.
   20.  SCHOOLS IN RECEIVERSHIP. ALL SCHOOLS THAT WERE IN RECEIVERSHIP IN
 THE TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE  SCHOOL  YEAR
 PURSUANT TO THE FORMER SECTION TWO HUNDRED ELEVEN-F OF THIS PART AND ARE
 DESIGNATED  FOR  INTENSIVE  SUPPORT  AND  ASSISTANCE IN THE TWO THOUSAND
 TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR PURSUANT TO  SUBDIVI-
 SION  FOUR  OF  THIS  SECTION  SHALL BE PLACED UNDER REGISTRATION REVIEW
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
   21. REGULATIONS. THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2. Subdivision 3 of section 211-c 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:
   3.  The  commissioner may appoint a distinguished educator to a school
 district[;
   a.] when such district or a school within such district has failed  to
 achieve adequate yearly progress for four or more years[;
   b.  as  a member of a joint school intervention team pursuant to para-
 graph b of subdivision two of  section  two  hundred  eleven-b  of  this
 part].
 A. 10643                            7
 
   §  3.  This act shall take effect July 1, 2023. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.