S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7144
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced  by  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 REPEALED and a new section 211-a is added to read as follows: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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07070-01-3
              

 A. 7144                             2
 
 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
 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
 A. 7144                             3
 
 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
 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.
 A. 7144                             4

   (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
 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.
 A. 7144                             5
 
   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-
 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.
 A. 7144                             6
 
   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.
   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-FOUR  SHALL  BE  CONSISTENT  WITH  THE  REQUIREMENTS OF THIS SECTION,
 UNLESS THE AGREEMENT RELATES TO THE TWO THOUSAND TWENTY-THREE--TWO THOU-
 SAND TWENTY-FOUR 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-FOUR
 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-THREE--TWO  THOUSAND  TWENTY-FOUR 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-FOUR--TWO  THOUSAND  TWENTY-FIVE 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[;
 A. 7144                             7

   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, 2024. 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.