NY State Senate Bill 2021-S9284

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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May 12, 2022	referred to education

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2021-S9284 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld §§211-a, 211-b & 211-f, add §211-a, amd §211-c, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S3393

2021-S9284 (ACTIVE) - Summary

Grants the commissioner of education the power to identify schools for additional support and assistance and establish performance targets for such schools.

2021-S9284 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9284

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation establishes a system by which the New York State
Department of Education will identify schools in need of additional
support and assistance. The legislation requires schools to establish a
community engagement team, comprised of stakeholders to consult and
engage in the process of developing an improvement plan for schools
identified under this law.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill repeals sections 211-a 211-b and 211-f of the
education law and adds a new section 211-a that requires all public

schools, with the exemption of charter schools, to be registered by the
Board of Regents. Upon registration with the Board of Regents, school
districts cannot close, merge, split, change the grade configuration or
substantially change the enrollment without first receiving permission
from the commissioner. The commissioner may consider the potential nega-
tive impact to student learning when approving or denying such modifica-
tions.

The commissioner must determine annually whether or not each school
requires additional support and assistance.

Schools that require additional support and assistance must develop an
improvement plan to address the issues identified by the commissioner.
These plans must be developed with input from a community engagement
team.

Schools that would benefit from intensive support and assistance, as
determined by the commissioner must develop an improvement plan to
address the issues identified by the commissioner. These plans must be
developed with input from a community engagement team.

The process for identifying schools that require additional support and
assistance, intensive or otherwise, must, to the greatest extent practi-
cable, align with various provisions of the federal Elementary and
Secondary Education Act.

The bill authorizes the commissioner to establish targeted improvement
standards for schools that require additional support and assistance and
are particularly deficient in meeting the state's standards; or remain
classified as requiring intensive support and assistance for three
consecutive years.

Schools identified as those requiring additional support and assistance
or intensive support and assistance can be removed from such designation
by the commissioner upon such time as an identified school has achieved
their performance target set by the commissioner.

If the commissioner determines that a school is unable to make demon-
strable improvement, the commissioner may appoint an educational support
specialist to assist the school in implementing the school's improvement
plan. The bill lays out minimum standards and qualifications the educa-
tional support specialist must meet to obtain such position and further
outlines the duties and responsibilities of this position.

The bill requires the commissioner to notify schools identified as those
requiring additional support and assistance or intensive support and
assistance and provide such districts with an opportunity to disagree in
writing before the commissioner renders his or her final determination
on the status of the school.

The bill authorizes the commissioner to place schools that are not able
to make demonstrable improvement under registration review, however the
commissioner may consider extenuating or extraordinary circumstances
that warrant additional time.

The bill sets forth criteria for public notification that a school has
been placed under registration review.

The bill authorizes the commissioner, in consultation with the local
school district, to establish a registration review team to conduct
resource, program and planning audits and examine the quality of the
school's curriculum and instructional plans, as well as the services
available to students and the organization and operation of the school,
which shall inform additional diagnostic recommendations for school
improvement. The bill requires the superintendent to report annually, to
the commissioner, on the school's progress with regard to the implemen-
tation of the plan.

The bill authorizes the creation of a community engagement team
comprised of stakeholders, such as principals, parents, guardians,
teachers and other school staff. This team shall develop recommendations
for improvement of the school and solicit input through public engage-
ment. This team will present its recommendations periodically to the
school leadership and the educational support specialist.

The bill allows the commissioner to require school board members to
undergo conflict resolution training and up to fifteen hours of profes-
sional development annually to support the implementation of a school
improvement plan for any school that has been placed under registration
review.

The bill allows the commissioner to remove schools from registration
review if they make demonstrable improvement for two consecutive years,
or if they are removed from designation as intensive support and assist-
ance schools.

If, after two full school years under registration review, the commis-
sioner determines that the school is unable to make demonstrable
improvement in meeting performance targets established by the commis-
sioner, the commissioner can require the district to enter into a
contract to have the school managed by an educational partnership organ-
ization, or to close or phase out the school. However, the commissioner
may consider extenuating or extraordinary circumstances that warrant
additional time.

The bill authorizes the conversion to a community school model in any
school that is managed by an educational partnership organization,
pursuant to subdivision sixteen of this section.

If a school district fails to take one of the actions pursuant to subdi-
vision 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 educa-
tion of the students who attend such school.  However, before taking
such action, the commissioner shall offer the school district an oppor-
tunity to provide justification for why the commissioner should not take
such actions.

The bill maintains all existing collective bargaining agreements for
affected schools.

The bill requires all schools that were in receivership in the two thou-
sand twenty-one - two thousand twenty-two school year shall be placed
under registration review.

Section 2: Sets effective date.

 
JUSTIFICATION:

In 2015, the education law was amended to include the receivership
model. This model, which is not required by the United States Department
of Education (USDOE) or the federal Every Student Succeeds Act (ESSA),
established a system of appointing a receiver for the state's lowest
performing schools. No other state has enacted such a model, which only
serves to label public schools as failing. Schools identified under this
law do not receive additional funding or interventions to support the
implementation of programs to help students in these school.

Amending this law will continue to allow the New York State Education
Department's (NYSED) to identify the lowest performing schools and
assist them with the implementation of academic performance measures
that to ensure academic success of their students. ESSA also requires
New York State to identify the lowest performing schools and to increase
interventions if they do not improve.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect July 1, 2022. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2021-S9284 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9284
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  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
 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15859-01-2
 S. 9284                             2
 
 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
   (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
 S. 9284                             3
 
 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
 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
 S. 9284                             4
 
 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  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-
 S. 9284                             5
 
 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
 AN INTENSIVE SUPPORT AND ASSISTANCE SCHOOL AND SHALL BE GIVEN DEMONSTRA-
 BLE IMPROVEMENT TARGETS.
 S. 9284                             6
 
   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-TWO SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION, UNLESS
 THE AGREEMENT RELATES TO THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO  SCHOOL  YEAR ONLY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
 ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING  AGREE-
 MENT IN EFFECT ON JULY FIRST, TWO THOUSAND TWENTY-TWO DURING THE TERM OF
 SUCH  AGREEMENT AND UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAIN-
 ING 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 IMPROVE-
 MENT 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-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR  PURSU-
 ANT  TO  THE  FORMER  SECTION  TWO HUNDRED ELEVEN-F OF THIS PART AND ARE
 DESIGNATED FOR INTENSIVE SUPPORT AND  ASSISTANCE  IN  THE  TWO  THOUSAND
 TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE 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].
   § 3. This act shall take effect July 1, 2022.  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.

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Senate Bill S9284

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2021-S9284 (ACTIVE) - Details

2021-S9284 (ACTIVE) - Summary

2021-S9284 (ACTIVE) - Sponsor Memo

2021-S9284 (ACTIVE) - Bill Text download pdf

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Senate Bill S9284

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2021-S9284 (ACTIVE) - Details

2021-S9284 (ACTIVE) - Summary

2021-S9284 (ACTIVE) - Sponsor Memo

2021-S9284 (ACTIVE) - Bill Text download pdf

Comments