NY State Senate Bill 2023-S3393

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Jan 31, 2023	referred to education

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2023-S3393 (ACTIVE) - Details

See Assembly Version of this Bill:: A7144
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 2021-2022 Legislative Session:: S9284, A10643

2023-S3393 (ACTIVE) - Summary

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

2023-S3393 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3393

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:

Senate

2022: S9284, Referred to Education Assembly

2022: No Assembly Same-As

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect July 1, 2023. 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.

2023-S3393 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3393
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, BAILEY, BRISPORT, BROUK, COONEY, HARCKHAM,
   HINCHEY, KENNEDY, MANNION, MATTERA, MAY, RAMOS, RIVERA, RYAN  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07070-01-3
 S. 3393                             2

 
   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
 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:
 S. 3393                             3
 
   (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
 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
 S. 3393                             4
 
   (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
 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
 S. 3393                             5
 
 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-
 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
 S. 3393                             6
 
 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.
   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[;
 S. 3393                             7

   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, 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.

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Senate Bill S3393

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S3393 (ACTIVE) - Details

2023-S3393 (ACTIVE) - Summary

2023-S3393 (ACTIVE) - Sponsor Memo

2023-S3393 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3393

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Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S3393 (ACTIVE) - Details

2023-S3393 (ACTIVE) - Summary

2023-S3393 (ACTIVE) - Sponsor Memo

2023-S3393 (ACTIVE) - Bill Text download pdf

Comments