§ 211-B — Consequences for consistent lack of improvement in academic performance

§ 211-b. Consequences for consistent lack of improvement in academic\nperformance. In addition to taking appropriate action pursuant to the\nregulations of the commissioner and the requirements of federal law, the\nfollowing actions shall be taken to increase school and district\naccountability for academic performance:\n 1. The regents shall expand the scope and improve the effectiveness of\nthe schools under registration review (SURR) process in the two thousand\nseven--two thousand eight school year and thereafter, so as to ensure\nthat all schools that meet the criteria for identification as SURR shall\nbe so identified. The goal of such expansion shall be to identify as\nSURR up to a total of five percent of the schools in the state within\nfour years, and to reorganize or restructure schools so identified in\ncases where such action is appropriate.\n 2. The regents shall develop a plan for increased support and possible\nintervention in schools in improvement, corrective action, or\nrestructuring status or in SURR status. Notwithstanding any provision of\nlaw to the contrary, the regents shall establish a two-step process as\nfollows:\n a. The appointment by the commissioner of a school quality review team\nto assist any school in school improvement, corrective action,\nrestructuring status or SURR status in developing and implementing a\nschool improvement, corrective action, restructuring, or comprehensive\nplan for the school. Such team may also conduct resource and program and\nplanning audits and examine the quality of curriculum, instructional\nplans, and teaching in the schools, the learning opportunities and\nsupport services available to students, and the organization and\noperations of the school. After such review, the team shall provide\ndiagnostic recommendations for school improvement, which may include\nadministrative and operational improvements. The recommendation of such\nteam shall be advisory. The reasonable and necessary expenses incurred\nin the performance of the team's official duties shall be a charge upon\nthe school district, or charter school, where applicable, that operates\nthe school.\n b. The appointment by the commissioner of a joint school intervention\nteam, for schools in (i) restructuring status or (ii) SURR status that\nhave failed to demonstrate progress as specified in their corrective\naction plan or comprehensive education plan. Administrators and\neducators from the district or charter school where applicable must be\nincluded on the team, as well as any distinguished educator appointed to\nthe district pursuant to section two hundred eleven-c of this part. Such\nteam shall assist the school district in developing, reviewing and\nrecommending plans for reorganizing or reconfiguring of such schools.\nThe recommendations of such team should be advisory. The reasonable and\nnecessary expenses incurred in the performance of the school\nintervention team's official duties shall be a charge upon the school\ndistrict, or charter school where applicable, that operates the school.\n 3. A school district that has been identified as requiring academic\nprogress, as defined by 100.2(p)(7) of the commissioner's regulations,\nor includes one or more schools under registration review, in need of\nimprovement, in corrective action or restructuring status shall be\nrequired to submit a district improvement plan to the commissioner for\napproval. In formulating the district improvement plan, the district\nshall consider redirecting resources to programs and activities included\nin the menu of options under subdivision three of section two hundred\neleven-d of this part in the schools so identified. If such options are\nnot adopted in the district improvement plan, the school district shall\nprovide the commissioner with an explanation of such decision which\nshall be considered by the commissioner in determining whether to\napprove such plan. The trustees or board of education shall hold a\npublic hearing before adoption of the district improvement plan and a\ntranscript of the testimony at such hearing shall be submitted to the\ncommissioner for review with the district improvement plan.\n 4. The commissioner shall develop a plan for intervention in schools\nunder restructuring or SURR status that fail to demonstrate progress on\nestablished performance measures and may be targeted for closure. Such\nplan shall specify criteria for school closure and include processes to\nbe followed, research based options, and alternatives and strategies to\nreorganizing, restructuring or reconfiguring schools. Such plan shall be\ndeveloped with input from educators including, but not limited to,\nadministrators, teachers and individuals identified as distinguished\neducators pursuant to section two hundred eleven-c of this part.\n 5. (a) The regents shall ensure that all school districts include in\nany contract of employment, entered into, amended, or extended with a\nsuperintendent of schools, community superintendent or deputy,\nassistant, associate or other superintendent of schools who has been or\nwill be appointed for a fixed term, a provision requiring that such\ncontract specify that the superintendent shall be required to cooperate\nfully with any distinguished educator appointed by the commissioner\npursuant to section two hundred eleven-c of this part.\n (b) In the case of a superintendent of schools, community\nsuperintendent or deputy, assistant, associate or other superintendent\nof schools who is not appointed for a fixed term, the contract\nprovisions contained in paragraph (a) of this subdivision shall be\ndeemed to apply to such superintendent immediately.\n (c) In the case of a charter school, the contract of employment of the\nprincipal or headmaster or other chief school officer of the charter\nschool that is entered into, amended or extended shall also be required\nto include the provisions contained in paragraph (a) of this\nsubdivision. In addition, such contract provisions shall be deemed to\napply immediately to any such person not appointed for a fixed term.\n