N.Y. Education Law § 211-b: Consequences for consistent lack of improvement in academic performance

§ 211-b. Consequences for consistent lack of improvement in academic

performance. In addition to taking appropriate action pursuant to the

regulations of the commissioner and the requirements of federal law, the

following actions shall be taken to increase school and district

accountability for academic performance:

1. The regents shall expand the scope and improve the effectiveness of

the schools under registration review (SURR) process in the two thousand

seven--two thousand eight school year and thereafter, so as to ensure

that all schools that meet the criteria for identification as SURR shall

be so identified. The goal of such expansion shall be to identify as

SURR up to a total of five percent of the schools in the state within

four years, and to reorganize or restructure schools so identified in

cases where such action is appropriate.

2. The regents shall develop a plan for increased support and possible

intervention in schools in improvement, corrective action, or

restructuring status or in SURR status. Notwithstanding any provision of

law to the contrary, the regents shall establish a two-step process as

follows:

a. The appointment by the commissioner of a school quality review team

to assist any school in school improvement, corrective action,

restructuring status or SURR status in developing and implementing a

school improvement, corrective action, restructuring, or comprehensive

plan for the school. Such team may also conduct resource and program and

planning audits and examine the quality of curriculum, instructional

plans, and teaching in the schools, the learning 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 recommendation of such

team shall be advisory. The reasonable and necessary expenses incurred

in the performance of the team's official duties shall be a charge upon

the school district, or charter school, where applicable, that operates

the school.

b. The appointment by the commissioner of a joint school intervention

team, for schools in (i) restructuring status or (ii) SURR status that

have failed to demonstrate progress as specified in their corrective

action plan or comprehensive education plan. Administrators and

educators from the district or charter school where applicable must be

included on the team, as well as any distinguished educator appointed to

the district pursuant to section two hundred eleven-c of this part. Such

team shall assist the school district in developing, reviewing and

recommending plans for reorganizing or reconfiguring of such schools.

The recommendations of such team should be advisory. The reasonable and

necessary expenses incurred in the performance of the school

intervention team's official duties shall be a charge upon the school

district, or charter school where applicable, that operates the school.

3. A school district that has been identified as requiring academic

progress, as defined by 100.2(p)(7) of the commissioner's regulations,

or includes one or more schools under registration review, in need of

improvement, in corrective action or restructuring status shall be

required to submit a district improvement plan to the commissioner for

approval. In formulating the district improvement plan, the district

shall consider redirecting resources to programs and activities included

in the menu of options under subdivision three of section two hundred

eleven-d of this part in the schools so identified. If such options are

not adopted in the district improvement plan, the school district shall

provide the commissioner with an explanation of such decision which

shall be considered by the commissioner in determining whether to

approve such plan. The trustees or board of education shall hold a

public hearing before adoption of the district improvement plan and a

transcript of the testimony at such hearing shall be submitted to the

commissioner for review with the district improvement plan.

4. The commissioner shall develop a plan for intervention in schools

under restructuring or SURR status that fail to demonstrate progress on

established performance measures and may be targeted for closure. Such

plan shall specify criteria for school closure and include processes to

be followed, research based options, and alternatives and strategies to

reorganizing, restructuring or reconfiguring schools. Such plan shall be

developed with input from educators including, but not limited to,

administrators, teachers and individuals identified as distinguished

educators pursuant to section two hundred eleven-c of this part.

5. (a) The regents shall ensure that all school districts include in

any contract of employment, entered into, amended, or extended with a

superintendent of schools, community superintendent or deputy,

assistant, associate or other superintendent of schools who has been or

will be appointed for a fixed term, a provision requiring that such

contract specify that the superintendent shall be required to cooperate

fully with any distinguished educator appointed by the commissioner

pursuant to section two hundred eleven-c of this part.

(b) In the case of a superintendent of schools, community

superintendent or deputy, assistant, associate or other superintendent

of schools who is not appointed for a fixed term, the contract

provisions contained in paragraph (a) of this subdivision shall be

deemed to apply to such superintendent immediately.

(c) In the case of a charter school, the contract of employment of the

principal or headmaster or other chief school officer of the charter

school that is entered into, amended or extended shall also be required

to include the provisions contained in paragraph (a) of this

subdivision. In addition, such contract provisions shall be deemed to

apply immediately to any such person not appointed for a fixed term.