S T A T E O F N E W Y O R K
________________________________________________________________________
8046
2011-2012 Regular Sessions
I N A S S E M B L Y
May 27, 2011
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Introduced by M. of A. THIELE, CALHOUN, KOLB -- Multi-Sponsored by -- M.
of A. J. MILLER, RABBITT -- 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.
LBD11674-01-1
A. 8046 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 to be made on or before such effective date.