Senate Bill S5648

2011-2012 Legislative Session

Requires assessments of the persistently lowest achieving schools

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Archive: Last 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Jun 08, 2011	referred to education

co-Sponsors

2011-S5648 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 1711, 2507 & 2565, Ed L

2011-S5648 (ACTIVE) - Summary

Requires assessments of the persistently lowest achieving schools.

2011-S5648 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5648

TITLE OF BILL:

An act
to amend the education law, in relation to assessments of the
persistently lowest achieving schools

PURPOSE:

This measure would require an assessment of schools identified as
persistently lowest achieving or deemed a school under registration
review, in order to determine what factors caused the school to be so
identified, as well as to identify corrective actions needed.

This bill would also require that such assessments be considered
during the evaluation of superintendents of districts in which
schools have been designated as persistently lowest achieving or as
under registration review.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 305 of the education law is amended to require an
assessment of schools identified as persistently lowest achieving or
deemed a school under registration review, in order to determine what
factors caused the school to be so identified, as well as to identify

corrective actions needed.

Section 2. Subdivision 3 of Section 1711 of the education law is
amended to require that assessments required pursuant to Section 1 of
this measure be considered during the evaluation of superintendents
of union free school districts, in which schools have been designated
as persistently lowest achieving or as under registration review.

Section 3. Section 2507 of the education law is amended to require
that assessments required pursuant to Section 1 of this measure be
considered during the evaluation of superintendents of city school
districts under 125,000 in population, in which schools have been
designated as persistently lowest achieving or as under registration
review.

Section 4. Section 2565 of the education law is amended to require
that assessments required pursuant to Section 1 of this measure be
considered during the evaluation of
superintendents of city school districts over 125,000 in population, in
which schools have been designated as persistently lowest achieving
or as under registration review.

Section 5. Effective date.

JUSTIFICATION:

The federal School Improvement Grants program, established under the
No Child Left Behind Act, provides funding to assist those schools
deemed to be "persistently lowest achieving", a determination made by
the State Education Department.


In order to be eligible for this funding, New York must demonstrate
its commitment to improving a school's performance by selecting one
of four "turnaround" models:
Turnaround, Restati, School Closure, and Transformation.

Under all four models the school Principal must be removed. This
legislation would require that an assessment be conducted of any
school identified as persistently lowest achieving to determine what
factors caused the school to be so identified prior to implementing
one of the four intervention models. This bill would also require the
consideration of such assessments during the evaluation of school
superintendents in which have been so identified.

The turnaround models approved under state and federal law in 2010
provide a new process for helping the State's lowest performing
schools. However, the 2010 statutes are less than adequate in two
fundamental respects:

o In determining what issues or circumstances might have caused a
school to "fail," or
o In placing any direct responsibility for such
failure on the primary instructional leader in that school district,
the school superintendent.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

2011-S5648 (ACTIVE) - Bill Text download pdf

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

                                  5648

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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  assessments  of  the
  persistently lowest achieving schools

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42. THE COMMISSIONER, IN CONJUNCTION WITH  A  LOCAL  SCHOOL  DISTRICT,
SHALL  CONDUCT  AN  ASSESSMENT  OF ANY SCHOOL IDENTIFIED AS PERSISTENTLY
LOWEST ACHIEVING OR IS DEEMED A SCHOOL UNDER REGISTRATION  REVIEW.  THIS
ASSESSMENT  IS TO DETERMINE WHAT FACTORS CAUSED THE SCHOOL TO BE IDENTI-
FIED AS PERSISTENTLY LOWEST ACHIEVING OR DEEMED A SCHOOL UNDER REGISTRA-
TION REVIEW, AS WELL AS IDENTIFIES  CORRECTIVE  MEASURES  NEEDED.    THE
ASSESSMENT  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO: A REVIEW OF STUDENT
PLACEMENT POLICES SET BY THE LOCAL SCHOOL DISTRICT;  STUDENT  ENROLLMENT
AND  PERCENTAGE  OF  ALL  SUBGROUPS;  DISTRICT  RESOURCES; THE NUMBER OF
ADMISSIONS WITHIN THE YEAR;  AND,  PROFESSIONAL  DEVELOPMENT  PLANS  AND
THEIR  IMPLEMENTATION.  THIS ASSESSMENT SHALL BE DONE BEFORE IMPLEMENTA-
TION OF ANY OF THE TURNAROUND INTERVENTION MODELS AUTHORIZED UNDER REGU-
LATION. ANY ASSESSMENTS CONDUCTED PURSUANT TO THIS SECTION SHALL BE USED
TO EVALUATE THE EFFECTIVENESS OF THE  AFFECTED  SUPERINTENDENTS  AND  BE
CONSIDERED PART OF THEIR REVIEWS FOR CONTRACT RENEWAL PURPOSES.
  S 2. Subdivision 3 of section 1711 of the education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
  3.  Such  superintendent  shall be under the direction of the board of
education, which shall prescribe his or her powers and duties, except as
otherwise provided in subdivision two of this section.  The  superinten-
dent  shall be paid a salary, to be fixed by the board of education, and
he may be removed from office by a vote  of  the  majority  of  all  the
members  of such board, provided, however, that a board of education may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11509-01-1

S. 5648                             2

enter into a contract with such superintendent for a period of not  less
than  three  and  not more than five years, and upon such other terms as
shall be mutually acceptable to the parties, including but  not  limited
to, fringe benefits and procedures for termination by either party prior
to  the  expiration of the term of such contract. The services of such a
superintendent of schools may be discontinued at any time by a  majority
vote of the board of education, and upon sixty days notice in writing to
the  superintendent  of schools.   The other terms of any such contract,
including any provisions relating to an increase in salary, compensation
or other benefits, shall not be based on or tied to  the  terms  of  any
contract  or collective bargaining agreement that the board of education
has or will enter with the teachers or other  employees  of  the  school
district,  PROVIDED  HOWEVER  THAT ANY ASSESSMENTS CONDUCTED PURSUANT TO
SUBDIVISION FORTY-TWO OF SECTION THREE  HUNDRED  FIVE  OF  THIS  CHAPTER
SHALL  BE USED TO EVALUATE THE EFFECTIVENESS OF THE AFFECTED SUPERINTEN-
DENTS AND BE CONSIDERED PART  OF  THEIR  REVIEWS  FOR  CONTRACT  RENEWAL
PURPOSES.
  S  3.   Subdivision 1 of section 2507 of the education law, as amended
by chapter 590 of the laws of 1995, is amended to read as follows:
  1. The superintendent and any associate superintendent of  schools  in
each  school district shall hold his position subject to the pleasure of
the board of education, except that the superintendent of schools may be
appointed for a term of not to exceed  five  years,  provided  that  the
terms  or  provisions of any employment contract between the superinten-
dent and the board of education  relating  to  an  increase  in  salary,
compensation  or  other  benefits,  shall not be based on or tied to the
terms of any contract or collective bargaining agreement that the  board
of  education  has or will enter with the teachers or other employees of
the school district, PROVIDED HOWEVER  THAT  ANY  ASSESSMENTS  CONDUCTED
PURSUANT  TO SUBDIVISION FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THIS
CHAPTER SHALL BE USED TO EVALUATE  THE  EFFECTIVENESS  OF  THE  AFFECTED
SUPERINTENDENTS  AND  BE  CONSIDERED  PART OF THEIR REVIEWS FOR CONTRACT
RENEWAL PURPOSES.
  S 4.  Subdivision 1 of section 2565 of the education law,  as  amended
by chapter 41 of the laws of 1996, is amended to read as follows:
  1.  The  superintendent or an associate superintendent of schools of a
city in office on June eighth, nineteen hundred  seventeen,  shall  hold
his  position for the term for which he was chosen and until his succes-
sor is chosen. A superintendent or  associate  superintendent  appointed
after such date shall hold his position in a city having a population of
two hundred fifty thousand or more for a period not to exceed four years
from the date of his appointment and in all cities subject to the pleas-
ure  of  the  board  of  education,  except that in all other cities the
superintendent of schools may be appointed for a term of not  to  exceed
five  years,  provided  that  the  terms or provisions of any employment
contract between the superintendent and the board of education  relating
to  an  increase in salary, compensation or other benefits, shall not be
based on or tied to the terms of any contract or  collective  bargaining
agreement  that the board of education has or will enter with the teach-
ers or other employees of the school district, PROVIDED HOWEVER THAT ANY
ASSESSMENTS CONDUCTED PURSUANT TO SUBDIVISION FORTY-TWO OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER SHALL BE USED TO EVALUATE THE EFFECTIVENESS
OF THE AFFECTED SUPERINTENDENTS AND BE CONSIDERED PART OF THEIR  REVIEWS
FOR CONTRACT RENEWAL PURPOSES.
  S 5. This act shall take effect immediately.

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Senate Bill S5648

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2011-S5648 (ACTIVE) - Details

2011-S5648 (ACTIVE) - Summary

2011-S5648 (ACTIVE) - Sponsor Memo

2011-S5648 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

Toby Ann Stavisky

2011-S5648 (ACTIVE) - Details

2011-S5648 (ACTIVE) - Summary

2011-S5648 (ACTIVE) - Sponsor Memo

2011-S5648 (ACTIVE) - Bill Text download pdf

Comments