S T A T E   O F   N E W   Y O R K
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                                  4077

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. THIELE, CALHOUN, KOLB -- Multi-Sponsored by -- M.
  of  A.  MILLER,  RABBITT,  TOWNSEND  --  read once and referred to the
  Committee on Education

AN ACT to amend the  education  law,  in  relation  to  high  performing
  schools modifying state mandated curriculum

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3204-a
to read as follows:
  S 3204-A. FREEDOM FROM  STATE  MANDATES.    1.  DEFINITIONS.  FOR  THE
PURPOSES  OF  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "HIGH PERFORMING SCHOOL"  MEANS  AN  ELEMENTARY,  MIDDLE  OR  HIGH
SCHOOL  DETERMINED  BY THE DEPARTMENT TO BE AMONG THE TOP TWENTY PERCENT
OF HIGHEST PERFORMING SCHOOLS IN NEW YORK STATE.
  (B) "CURRICULUM PLAN" MEANS A PLAN  SUBMITTED  BY  A  HIGH  PERFORMING
SCHOOL  TO  THE DEPARTMENT DESCRIBING THE CURRICULUM MANDATES THE SCHOOL
PROPOSES TO MODIFY. SUCH PLAN SHALL INCLUDE A  DESCRIPTION  OF  HOW  THE
SCHOOL WILL CONTINUE TO MAINTAIN ITS HIGH PERFORMING STATUS.
  2.    HIGH  PERFORMING  SCHOOL  CRITERIA. THE DEPARTMENT SHALL DEVELOP
CRITERIA FOR DETERMINING THOSE SCHOOLS THAT ARE  AMONG  THE  TOP  TWENTY
PERCENT  PERFORMING  HIGH SCHOOLS, MIDDLE SCHOOLS AND ELEMENTARY SCHOOLS
IN NEW YORK STATE. SUCH CRITERIA SHALL INCLUDE, BUT NOT  NECESSARILY  BE
LIMITED  TO,  AN  ATTENDANCE  RATE OF AT LEAST NINETY PERCENT, A STUDENT
POPULATION WHERE AT LEAST EIGHTY PERCENT  MEETS  OR  EXCEEDS  ALL  STATE
MANDATED  TESTING  REQUIREMENTS  FOR AT LEAST TWO CONSECUTIVE YEARS, AND
CONTINUED IMPROVEMENT IN MEETING OR EXCEEDING ACADEMIC STANDARDS.
  3. EXEMPTIONS. A HIGH PERFORMING SCHOOL SHALL BE EXEMPT FROM ALL STATE
AND LOCAL LAWS, RULES,  REGULATIONS  OR  POLICIES  GOVERNING  PUBLIC  OR
PRIVATE  SCHOOLS, BOARDS OF EDUCATION AND SCHOOL DISTRICTS, EXCEPT THOSE
RELATING TO SCHOOL PERSONNEL, AS SPECIFICALLY PROVIDED IN  THE  SCHOOL'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04020-01-9
              

A. 4077                             2

CURRICULUM  PLAN.  NOTHING IN THIS SUBDIVISION SHALL AFFECT THE REQUIRE-
MENTS OF COMPULSORY EDUCATION OF MINORS ESTABLISHED BY THIS PART. A HIGH
PERFORMING SCHOOL SHALL MEET THE SAME HEALTH AND SAFETY,  CIVIL  RIGHTS,
AND STUDENT ASSESSMENT REQUIREMENTS APPLICABLE TO OTHER PUBLIC SCHOOLS.
  4.  EDUCATION  PROGRAMS.  A  HIGH  PERFORMING  SCHOOL SHALL DESIGN ITS
EDUCATION PROGRAMS TO MEET OR EXCEED THE STUDENT  PERFORMANCE  STANDARDS
ADOPTED  BY  THE  BOARD OF REGENTS AND THE STUDENT PERFORMANCE STANDARDS
CONTAINED IN THEIR CHARTER. STUDENTS ATTENDING HIGH  PERFORMING  SCHOOLS
SHALL  BE  REQUIRED TO TAKE REGENTS EXAMINATIONS TO THE SAME EXTENT SUCH
EXAMINATIONS ARE REQUIRED  OF  OTHER  PUBLIC  SCHOOL  STUDENTS.  A  HIGH
PERFORMING  SCHOOL  OFFERING  INSTRUCTION  IN THE HIGH SCHOOL GRADES MAY
GRANT REGENTS DIPLOMAS AND LOCAL DIPLOMAS TO THE SAME  EXTENT  AS  OTHER
PUBLIC  SCHOOLS,  AND  SUCH OTHER CERTIFICATES AND HONORS AS ARE SPECIF-
ICALLY AUTHORIZED BY THEIR CURRICULUM PLAN,  AND  IN  TESTIMONY  THEREOF
GIVE  SUITABLE  CERTIFICATES,  HONORS  AND  DIPLOMAS UNDER ITS SEAL; AND
EVERY CERTIFICATE AND DIPLOMA SO GRANTED SHALL ENTITLE THE  CONFEREE  TO
ALL  PRIVILEGES AND IMMUNITIES WHICH BY USAGE OR STATUTE ARE ALLOWED FOR
SIMILAR DIPLOMAS OF CORRESPONDING GRADE  GRANTED  BY  ANY  OTHER  PUBLIC
SCHOOL.
  5.    MODIFICATION OF CURRICULUM MANDATE. EACH JUNE FIRST, THE DEPART-
MENT SHALL PUBLISH A LIST OF THE HIGH PERFORMING SCHOOLS.  HIGH PERFORM-
ING SCHOOLS MAY SUBMIT TO THE DEPARTMENT  A  PROPOSED  CURRICULUM  PLAN,
WHICH SPECIFIES THE SPECIFIC STATE AND LOCAL LAWS, RULES AND REGULATIONS
OR  POLICIES  OF  WHICH  A  SCHOOL WISHES TO BE RELIEVED. THE DEPARTMENT
SHALL REVIEW THE PROPOSED CURRICULUM PLAN WITHIN SIXTY DAYS  AND  ACCEPT
THE PLAN OR PROPOSE CHANGES TO THE SCHOOL'S PLAN. THE BOARD OF EDUCATION
OF  THE DISTRICT WITH JURISDICTION OVER THE HIGH PERFORMING SCHOOL SHALL
CONSIDER THE  DEPARTMENT'S  PROPOSED  CHANGES  BEFORE  IMPLEMENTING  THE
SCHOOL'S  CURRICULUM PLAN. THEREAFTER, SUCH HIGH PERFORMING SCHOOL SHALL
HAVE AN AUTOMATIC APPROVAL OF SUCH CURRICULUM PLAN FOR FOUR YEARS. IN NO
EVENT SHALL A DISTRICT BE RELIEVED  FROM  COMPLYING  WITH  THE  EXISTING
COLLECTIVE BARGAINING AGREEMENT IN EFFECT IN SUCH DISTRICT OR ANY LAW OR
REGULATION RELATED TO PERSONNEL ISSUES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.