S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5119
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, LUPARDO -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  the  takeover  and
   restructuring of failing schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (b) and (c) of subdivision 2 and subdivisions  7
 and  8  of  section 211-f of the education law, as added by section 1 of
 subpart H of part EE of chapter 56 of the laws of 2015, are  amended  to
 read as follows:
   (b) The receiver shall be authorized to manage and operate the failing
 or persistently failing school and shall have the power to supersede any
 decision, policy or regulation of the superintendent of schools or chief
 school  officer,  or of the board of education or another school officer
 or the building principal that in the  sole  judgment  of  the  receiver
 conflicts  with  the school intervention plan; provided however that the
 receiver may not supersede decisions that are not directly linked to the
 school intervention plan, including but not limited to EMPLOYMENT  DECI-
 SIONS, building usage plans, co-location decisions and transportation of
 students.  The  receiver  shall have authority to review proposed school
 district budgets prior to presentation to the district voters, or in the
 case of a city school district in a city  having  a  population  of  one
 hundred  twenty-five  thousand or more, of the adoption of a contingency
 budget, prior to approval by the board of education, and to  modify  the
 proposed budget to conform to the school intervention plan provided that
 such  modifications  shall be limited in scope and effect to the failing
 or persistently failing school and may not unduly impact  other  schools
 in  the district.   A school under receivership shall operate in accord-
 ance  with  laws  regulating  other  public  schools,  except  as   such
 provisions may conflict with this section.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02696-02-1
              

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   (c) The commissioner shall contract with the receiver, and the compen-
 sation  and  other  costs  of the receiver appointed by the commissioner
 shall be paid from a state appropriation for such  purpose,  or  by  the
 school  district, as determined by the commissioner, provided that costs
 shall  be  paid by the school district only if there is an open adminis-
 trative staffing line available for the receiver, and the receiver  will
 be  taking  on  the responsibilities of such open line.  Notwithstanding
 any other provision of law to the contrary, the receiver and any of  its
 employees  providing  services  in the receivership shall be entitled to
 defense and indemnification by the school district to the same extent as
 a school district employee. The receiver's contract may be terminated by
 the commissioner for a violation of  law  or  the  commissioner's  regu-
 lations  or  for  neglect  of  duty.  A  receiver appointed to operate a
 district under this section shall have full managerial  and  operational
 control over such school; provided, however, that the board of education
 shall  remain  the  employer  of  record,  and provided further that any
 employment decisions of the board of education [may] SHALL NOT be super-
 seded by the receiver. It shall be the duty of the  board  of  education
 and  the  superintendent of schools to fully cooperate with the receiver
 and willful failure to cooperate or interference with the  functions  of
 the  receiver  shall  constitute willful neglect of duty for purposes of
 section three hundred six of this title. The receiver or the  receiver's
 designee shall be an ex officio non-voting member of the board of educa-
 tion entitled to attend all meetings of the board of education.
   7.  (a) Notwithstanding any general or special law to the contrary, in
 creating and implementing the school intervention  plan[,  the  receiver
 shall,  after  consulting with stakeholders and the community engagement
 team, convert schools] ALL SCHOOLS IDENTIFIED BY THE COMMISSIONER PURSU-
 ANT TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS  SECTION  SHALL
 BE  CONVERTED  to  community  schools to provide expanded health, mental
 health and other services to the students and their families.
 [In addition,] (A-1) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW  TO  THE
 CONTRARY,  IN CREATING AND IMPLEMENTING THE SCHOOL INTERVENTION PLAN the
 receiver may: (i) review and if necessary expand, alter or  replace  the
 curriculum  and program offerings of the school, including the implemen-
 tation of research-based early literacy  programs,  early  interventions
 for struggling readers and the teaching of advanced placement courses or
 other  rigorous nationally or internationally recognized courses, if the
 school does not already have such programs  or  courses;  (ii)  [replace
 teachers  and  administrators,  including  school leadership who are not
 appropriately certified or licensed; (iii)] increase salaries of current
 or prospective teachers and administrators to attract and  retain  high-
 performing  teachers and administrators; [(iv)] (III) establish steps to
 improve hiring, induction, teacher evaluation, professional development,
 teacher advancement, school culture and organizational structure;  [(v)]
 (IV)  reallocate  the  uses of the existing budget of the school; [(vi)]
 (V) expand the school day or school year or both of the school;  [(vii)]
 (VI)  for a school that offers the first grade, add pre-kindergarten and
 full-day kindergarten classes, if the school does not already have  such
 classes;  [(viii)  in  accordance  with  paragraphs  (b) and (c) of this
 subdivision,] (VII) to abolish the  positions  of  all  members  of  the
 teaching  and administrative and supervisory staff assigned to the fail-
 ing or persistently failing school and terminate the employment  of  any
 building  principal  assigned  to  such a school, and require such staff
 members to reapply for their positions in the school if they so  choose;
 [(ix)]  (VIII) include a provision of a job-embedded professional devel-

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 opment for teachers at the school, with an emphasis on  strategies  that
 involve  teacher  input  and  feedback;  [(x)] (IX) establish a plan for
 professional development for  administrators  at  the  school,  with  an
 emphasis  on strategies that develop leadership skills and use the prin-
 ciples of distributive leadership; and/or [(xi)] (X) order  the  conver-
 sion  of a school in receivership that has been designated as failing or
 persistently failing pursuant to this section  into  a  charter  school,
 provided  that  such conversion shall be subject to article fifty-six of
 this chapter and provided further that such  charter  conversion  school
 shall  operate  pursuant  to such article and provided further that such
 charter conversion school shall  operate  consistent  with  a  community
 schools  model  and provided further that such conversion charter school
 shall be subject to the provisions in subdivisions  three,  four,  five,
 six, nine, ten, eleven, twelve and thirteen of this section.
   [(b) Notwithstanding any other provision of law, rule or regulation to
 the contrary, upon designation of any school of the school district as a
 failing  or  persistently  failing  school pursuant to this section, the
 abolition of positions of members of the teaching and administrative and
 supervisory staff of the school shall  thereafter  be  governed  by  the
 applicable  provisions  of  section twenty-five hundred ten, twenty-five
 hundred eighty-five, twenty-five hundred eighty-eight or three  thousand
 thirteen  of  this  chapter  as  modified by this paragraph. A classroom
 teacher or building principal who has received  two  or  more  composite
 ratings  of  ineffective  on  an  annual professional performance review
 shall be deemed not to have  rendered  faithful  and  competent  service
 within  the  meaning  of  section  twenty-five  hundred ten, twenty-five
 hundred eighty-five, twenty-five hundred eighty-eight or three  thousand
 thirteen  of  this  chapter.  When  a position of a classroom teacher or
 building principal is abolished, the services of the teacher or adminis-
 trator or supervisor within the tenure area of  the  position  with  the
 lowest  rating on the most recent annual professional performance review
 shall be discontinued, provided that seniority within the tenure area of
 the position shall be used solely to determine which position should  be
 discontinued in the event of a tie.
   (c)  The  receiver may abolish the positions of all teachers and peda-
 gogical  support  staff,  administrators  and  pupil  personnel  service
 providers  assigned  to  a  school designated as failing or persistently
 failing pursuant to this section and require such staff members to reap-
 ply for new positions if they so choose. The receiver shall  define  new
 positions  for  the  school  aligned  with the school intervention plan,
 including selection criteria and expected  duties  and  responsibilities
 for  each  position.  For  administrators  and  pupil  personnel service
 providers, the receiver shall have full discretion over all such  rehir-
 ing  decisions. For teachers and pedagogical support staff, the receiver
 shall convene a staffing committee including the receiver, two  appoint-
 ees  of  the receiver and two appointees selected by the school staff or
 their collective bargaining unit. The staffing committee will  determine
 whether  former  school staff reapplying for positions are qualified for
 the new positions. The receiver shall  have  full  discretion  regarding
 hiring  decisions  but  must  fill  at  least fifty percent of the newly
 defined positions with the most  senior  former  school  staff  who  are
 determined  by  the  staffing  committee  to be qualified. Any remaining
 vacancies shall be filled by  the  receiver  in  consultation  with  the
 staffing  committee.  Notwithstanding  any other provision of law to the
 contrary, a member of the teaching and pedagogical support,  administra-
 tive,  or  pupil  personnel service staff who is not rehired pursuant to

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 this paragraph shall not have any right to bump or  displace  any  other
 person  employed  by  the  district,  but shall be placed on a preferred
 eligibility list in accordance with the applicable provisions of section
 twenty-five  hundred  ten,  twenty-five hundred eighty-five, twenty-five
 hundred eighty-eight or three thousand thirteen of this chapter.  Teach-
 ers rehired pursuant to this paragraph shall maintain their prior status
 as tenured or probationary, and a probationary teacher's probation peri-
 od shall not be changed.
   (d)] (B) For a school with English language learners, the professional
 development and planning time for teachers and administrators identified
 in  clauses  (V)  AND (vi) [and (vii) of the closing paragraph] of para-
 graph [(a)] (A-1) of this subdivision, shall include specific strategies
 and content designed to maximize the rapid academic achievement  of  the
 English language learners.
   8.  (a)  In order to maximize the rapid achievement of students at the
 applicable school, the receiver may request that the collective bargain-
 ing unit or units  representing  teachers  and  administrators  and  the
 receiver,  on behalf of the board of education, negotiate a receivership
 agreement that modifies the applicable collective  bargaining  agreement
 or agreements with respect to any failing schools in receivership appli-
 cable  during the period of receivership. The receivership agreement may
 address the following subjects: the length of the school day; the length
 of the school year; professional development for teachers  and  adminis-
 trators;  class  size;  and  changes  to  the programs, assignments, and
 teaching conditions in the  school  in  receivership.  The  receivership
 agreement  shall  not  provide  for any reduction in compensation unless
 there shall also be a proportionate reduction in hours and shall provide
 for a proportionate increase in compensation where  the  length  of  the
 school  day or school year is extended. The receivership agreement shall
 not alter the remaining  terms  of  the  existing/underlying  collective
 bargaining agreement which shall remain in effect.
   (b)  The  bargaining  shall  be conducted between the receiver and the
 collective bargaining unit in good faith and completed  not  later  than
 thirty  days  from  the  point  at which the receiver requested that the
 bargaining commence. The agreement shall be subject  to  A  ratification
 VOTE  within  ten  business  days  by the bargaining unit members in the
 school.  [If the parties are unable to reach an agreement within  thirty
 days or if the agreement is not ratified within ten business days by the
 bargaining  unit  members  of  the  school, the parties shall submit any
 remaining unresolved issues to the commissioner who  shall  resolve  any
 unresolved  issues within five days, in accordance with standard collec-
 tive bargaining principles.]
   (c) For purposes only for schools designated as  failing  pursuant  to
 subparagraph  (ii)  of paragraph (c) of subdivision one of this section,
 bargaining shall be conducted between the receiver  and  the  collective
 bargaining  unit  in good faith and completed not later than thirty days
 from the point at which  the  receiver  requested  that  the  bargaining
 commence.  The  agreement shall be subject to A ratification VOTE within
 ten business days by the bargaining unit members of the school. [If  the
 parties  are  unable  to reach an agreement within thirty days or if the
 agreement is not ratified within ten business  days  by  the  bargaining
 unit  members of the school, a conciliator shall be selected through the
 American Arbitration Association, who shall  forthwith  forward  to  the
 parties  a  list  of three conciliators, each of whom shall have profes-
 sional experience in elementary and secondary education, from which  the
 parties  may  agree upon a single conciliator provided, however, that if

 A. 5119                             5

 the parties cannot select a conciliator  from  among  the  three  within
 three business days, the American Arbitration Association shall select a
 conciliator  from  the  list  of  names within one business day, and the
 conciliator  shall  resolve  all  outstanding  issues  within five days.
 After such five days, if any unresolved issues remain, the parties shall
 submit such issues to the commissioner who  shall  resolve  such  issues
 within  five  days,  in  accordance  with standard collective bargaining
 principles.]
   § 2. This act shall take effect July 1, 2021.