S T A T E   O F   N E W   Y O R K
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                                  8046

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

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.