S T A T E O F N E W Y O R K
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8319
2011-2012 Regular Sessions
I N A S S E M B L Y
June 13, 2011
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Introduced by M. of A. NOLAN -- (at request of the State Education
Department) -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to intervention in chron-
ically underperforming school districts
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 211-f
to read as follows:
S 211-F. INTERVENTION IN CHRONICALLY UNDERPERFORMING SCHOOL DISTRICTS.
1. STAGE ONE ACADEMIC AND/OR FISCAL AT-RISK STATUS.
A. THE COMMISSIONER SHALL IDENTIFY AS BEING IN STAGE ONE ACADEMIC
AND/OR FISCAL AT-RISK STATUS A SCHOOL DISTRICT: (I) THAT HAS BEEN A
DISTRICT REQUIRING ACADEMIC PROGRESS PURSUANT TO PARAGRAPH SEVEN OF
SUBDIVISION (P) OF SECTION 100.2 OF TITLE EIGHT OF THE NEW YORK STATE
CODES, RULES AND REGULATIONS FOR AT LEAST THREE SCHOOL YEARS AND/OR HAS
ONE OR MORE SCHOOLS IDENTIFIED AS A PERSISTENTLY LOWEST-ACHIEVING SCHOOL
OR A SCHOOL UNDER REGISTRATION REVIEW; AND/OR (II) IN WHICH THE BOARD OF
EDUCATION HAS FAILED TO EXERCISE APPROPRIATE FISCAL MANAGEMENT OF THE
SCHOOL DISTRICT BY FAILING TO TAKE ACTIONS NECESSARY TO KEEP THE SCHOOL
DISTRICT BUDGET IN BALANCE AND/OR MAINTAIN AN APPROPRIATE FUND BALANCE
FOR A PERIOD OF AT LEAST TWO SCHOOL YEARS; PROVIDED THAT, IN THE CASE OF
A SCHOOL DISTRICT THAT MEETS THE CRITERIA FOR STAGE ONE ACADEMIC AND/OR
FISCAL AT-RISK STATUS AND HAS BEEN DESIGNATED AS A DISTRICT REQUIRING
ACADEMIC PROGRESS FOR EIGHT OR MORE YEARS AND HAS NINE OR MORE SCHOOLS
IDENTIFIED AS PERSISTENTLY LOWEST-ACHIEVING SCHOOLS OR SCHOOLS UNDER
REGISTRATION REVIEW, THE COMMISSIONER MAY IMMEDIATELY IDENTIFY SUCH
DISTRICT AS BEING IN STAGE TWO ACADEMIC AND/OR FISCAL INTERVENTION
STATUS PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
B. WITHIN NINETY DAYS OF IDENTIFICATION AS BEING IN STAGE ONE ACADEMIC
AND/OR FISCAL AT-RISK STATUS, A SCHOOL DISTRICT SHALL DEVELOP A PLAN OR
INCLUDE IN ANY EXISTING STATE APPROVED PLAN SPECIFIC, MEASURABLE GOALS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11971-01-1
A. 8319 2
DESIGNED TO REMOVE THE DISTRICT FROM STAGE ONE ACADEMIC AND/OR FISCAL
AT-RISK STATUS. FOR DISTRICTS IDENTIFIED AS BEING IN STAGE ONE ACADEMIC
AND/OR FISCAL AT-RISK STATUS, SUCH GOALS MUST INCLUDE, WHERE APPLICABLE,
BUT NEED NOT BE LIMITED TO: (I) A PLAN FOR MAKING ADEQUATE YEARLY
PROGRESS ON ALL APPLICABLE CRITERIA AND/OR INDICATORS IN SUBDIVISION (P)
OF SECTION 100.2 OF TITLE EIGHT OF THE NEW YORK STATE CODES, RULES AND
REGULATIONS OR OTHERWISE MEETING THE REQUIREMENTS OF THE STATE ACCOUNT-
ABILITY SYSTEM; (II) SPECIFIC EDUCATION IMPROVEMENT TARGETS TO BE
ATTAINED IN EACH OF THE SCHOOL YEARS COVERED BY THE PLAN; (III) A
DESCRIPTION OF THE TECHNICAL ASSISTANCE AND SPECIFIC STAFF DEVELOPMENT
TO BE PROVIDED AND SUSTAINED IN SUPPORT OF THE PLAN; (IV) PLANS TO MAIN-
TAIN BALANCED REVENUES AND EXPENDITURES AND AN APPROPRIATE FUND BALANCE;
AND (V) SUCH OTHER GOALS AS MAY BE PRESCRIBED BY THE COMMISSIONER. THE
DISTRICT SHALL SUBMIT SUCH PLAN TO THE COMMISSIONER FOR APPROVAL. THE
DISTRICT'S PLAN SHALL BE DEVELOPED WITH THE ASSISTANCE OF A JOINT SCHOOL
INTERVENTION TEAM APPOINTED BY THE COMMISSIONER PURSUANT TO PARAGRAPH B
OF SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN-B OF THIS ARTICLE AND
ITS IMPLEMENTATION MUST BE SUPPORTED BY TARGETED TECHNICAL ASSISTANCE
AND PROFESSIONAL DEVELOPMENT, CONSISTENT WITH ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW, FROM AN EXTERNAL PROVIDER APPROVED BY THE COMMISSION-
ER AT AN EXPENSE TO BE BORNE BY THE DISTRICT. THE REASONABLE AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THE JOINT SCHOOL INTER-
VENTION TEAM'S DUTIES SHALL BE A CHARGE UPON THE SCHOOL DISTRICT.
C. THE COMMISSIONER SHALL REMOVE A DISTRICT FROM STAGE ONE ACADEMIC
AND/OR FISCAL AT-RISK STATUS IF THE DISTRICT MEETS AND MAINTAINS ITS
PLAN GOALS FOR THREE CONSECUTIVE SCHOOL YEARS. IF THE DISTRICT FAILS TO
MEET AND MAINTAIN ITS PLAN GOALS FOR THREE CONSECUTIVE SCHOOL YEARS, THE
COMMISSIONER SHALL IDENTIFY SUCH DISTRICT AS BEING IN STAGE TWO ACADEMIC
AND/OR FISCAL INTERVENTION STATUS, PROVIDED THAT THE COMMISSIONER MAY,
AT ANY TIME DURING STAGE ONE ACADEMIC AND/OR FISCAL AT-RISK STATUS,
IDENTIFY A DISTRICT AS BEING IN STAGE TWO ACADEMIC AND/OR FISCAL INTER-
VENTION STATUS WHERE SUCH DISTRICT IS FOUND TO BE IN NONCOMPLIANCE WITH
ITS PLAN OR IS UNWILLING OR UNABLE TO MAKE SUBSTANTIAL PROGRESS TOWARDS
ACCOMPLISHING ITS PLAN GOALS.
2. STAGE TWO ACADEMIC AND/OR FISCAL INTERVENTION STATUS. A. UPON
IDENTIFICATION OF A SCHOOL DISTRICT AS BEING IN STAGE TWO ACADEMIC
INTERVENTION STATUS, THE COMMISSIONER MAY APPOINT A DISTINGUISHED EDUCA-
TOR PURSUANT TO SECTION TWO HUNDRED ELEVEN-C OF THIS ARTICLE AND/OR,
WHERE THE DISTRICT IS IDENTIFIED AS BEING IN STAGE TWO FISCAL INTER-
VENTION STATUS, A FISCAL ADMINISTRATOR TO MONITOR AND ASSIST THE
DISTRICT IN MEETING ITS PLAN GOALS. THE REASONABLE AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES OF THE DISTINGUISHED
EDUCATOR AND/OR FISCAL ADMINISTRATOR SHALL BE A CHARGE UPON THE SCHOOL
DISTRICT.
B. UPON APPOINTMENT, THE DISTINGUISHED EDUCATOR SHALL HAVE THE POWER
AND DUTY TO: (I) REVIEW AND MONITOR THE DISTRICT'S IMPLEMENTATION OF AND
COMPLIANCE WITH ITS PLAN; (II) CONDUCT AN INTENSIVE REVIEW OF DISTRICT
AND SCHOOL SYSTEMS, STRUCTURES, OPERATIONS AND FACILITIES; (III) ASSESS
THE DISTRICT'S CAPACITY TO PROMOTE AND SUPPORT TEACHING AND LEARNING
WITHIN ALL SCHOOLS IN THE DISTRICT; (IV) WORK WITH DISTRICT STAFF,
ADMINISTRATION AND THE BOARD OF EDUCATION TO REVIEW DATA, ANALYZE
DISTRICT AND SCHOOL STRUCTURES, PLAN FOR IMPROVEMENT, ASSIST IN TARGET-
ING DISTRICT PRIORITIES; (V) FACILITATE INCREASED STUDENT PERFORMANCE
ACROSS THE DISTRICT; (VI) RECOMMEND ADMINISTRATIVE AND OPERATIONAL
IMPROVEMENTS TO STRENGTHEN SYSTEMS; AND (VII) RECOMMEND MODIFICATIONS TO
THE DISTRICT'S PLAN WHICH MAY INCLUDE SUCH OTHER MEASURES AS HE OR SHE
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DEEMS APPROPRIATE TO ASSIST THE DISTRICT'S PROGRESS TOWARD MEETING ITS
PLAN GOALS.
C. UPON APPOINTMENT, THE FISCAL ADMINISTRATOR SHALL HAVE THE POWER AND
DUTY TO: (I) REVIEW AND MONITOR THE DISTRICT'S IMPLEMENTATION OF AND
COMPLIANCE WITH ITS PLAN; (II) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, RULE OR REGULATION TO THE CONTRARY, APPROVE ANY PROPOSED CONTRACT
OR OTHER OBLIGATION HAVING A PROJECTED COST OF FIFTY THOUSAND DOLLARS OR
MORE; AND (III) RECOMMEND TO THE BOARD OF EDUCATION SUCH MEASURES AS HE
OR SHE DEEMS APPROPRIATE TO ASSIST THE DISTRICT'S PROGRESS TOWARD MEET-
ING ITS PLAN GOALS, INCLUDING MAKING RECOMMENDATIONS CONCERNING STRATE-
GIES TO ACHIEVE COST REDUCTIONS AND OTHER FISCAL EFFICIENCIES AND ALL
ESTIMATES OF DISTRICT REVENUES TO ENSURE THE ACCURACY OF SUCH REVENUE
ESTIMATES, AND MAKING FINDINGS REGARDING WHETHER THE AUTHORIZATION BY
THE BOARD OF EDUCATION OF ITEMS OF EXPENDITURE, CONTINUATION OF BUDGET
APPROPRIATIONS BY THE BOARD OF EDUCATION AND/OR BUDGETING OF FUTURE
APPROPRIATIONS BY THE BOARD OF EDUCATION ARE CONSISTENT WITH THE
REQUIREMENTS OF A BALANCED BUDGET, AN APPROPRIATE UNRESERVED FUND
BALANCE IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED EIGHTEEN OF THE REAL
PROPERTY TAX LAW AND THE DISTRICT'S PLAN GOALS.
D. THE DISTINGUISHED EDUCATOR AND/OR FISCAL ADMINISTRATOR SHALL SUBMIT
PERIODIC REPORTS AS MAY BE REQUIRED BY THE COMMISSIONER ON THE
DISTRICT'S PROGRESS TOWARD MEETING ITS PLAN GOALS AND MAY MAKE RECOMMEN-
DATIONS TO THE COMMISSIONER, INCLUDING BUT NOT LIMITED TO: (I) THAT THE
COMMISSIONER ORDER THE BOARD OF EDUCATION TO REQUIRE TRAINING AND/OR
PROFESSIONAL DEVELOPMENT FOR THE BOARD, DISTRICT OFFICERS AND/OR STAFF,
AS APPROPRIATE, CONSISTENT WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW; AND/OR (II) THAT THE COMMISSIONER ORDER THE IMPLEMENTATION OF OTHER
MEASURES AS APPROPRIATE TO ASSIST THE DISTRICT IN IMPLEMENTING ITS PLAN
AND MEETING ITS PLAN GOALS; AND/OR (III) THAT THE COMMISSIONER IDENTIFY
THE DISTRICT AS POTENTIALLY BEING IN STAGE THREE ACADEMIC AND/OR FISCAL
RESTRUCTURING STATUS.
E. THE COMMISSIONER SHALL REMOVE A DISTRICT FROM STAGE TWO ACADEMIC
AND/OR FISCAL INTERVENTION STATUS IF IT MEETS AND MAINTAINS ITS PLAN
GOALS FOR THREE CONSECUTIVE SCHOOL YEARS. IF THE DISTRICT FAILS TO MEET
AND MAINTAIN ITS PLAN GOALS FOR THREE CONSECUTIVE SCHOOL YEARS, THE
COMMISSIONER SHALL IDENTIFY SUCH DISTRICT AS POTENTIALLY BEING IN STAGE
THREE ACADEMIC AND/OR FISCAL RESTRUCTURING STATUS, PROVIDED THAT THE
COMMISSIONER MAY AT ANY TIME DURING STAGE TWO ACADEMIC AND/OR FISCAL
INTERVENTION STATUS IDENTIFY A DISTRICT AS POTENTIALLY BEING IN STAGE
THREE ACADEMIC AND/OR FISCAL RESTRUCTURING STATUS WHERE SUCH DISTRICT IS
FOUND TO BE IN NONCOMPLIANCE WITH ITS PLAN OR IS UNWILLING OR UNABLE TO
MAKE SUBSTANTIAL PROGRESS TOWARDS ACCOMPLISHING ITS PLAN GOALS.
3. STAGE THREE ACADEMIC AND/OR FISCAL RESTRUCTURING STATUS: APPOINT-
MENT OF AN EDUCATION OVERSIGHT BOARD. A. UPON IDENTIFICATION OF A
SCHOOL DISTRICT AS POTENTIALLY BEING IN STAGE THREE ACADEMIC AND/OR
FISCAL RESTRUCTURING STATUS, THE COMMISSIONER SHALL APPOINT AN INDEPEND-
ENT REVIEW TEAM TO ASSESS THE REASONS FOR THE DISTRICT'S POTENTIAL
ACADEMIC AND/OR FISCAL RESTRUCTURING STATUS AND THE PROSPECTS FOR
IMPROVEMENT AND REPORT TO THE BOARD OF REGENTS.
B. IN THE EVENT THAT THE INDEPENDENT REVIEW TEAM CONCLUDES THAT THE
BOARD OF EDUCATION'S ACTIONS AND/OR OMISSIONS HAVE INTERFERED WITH
IMPLEMENTATION OF THE DISTRICT'S PLAN, THE BOARD OF REGENTS MAY DECLARE
THAT PROBLEMS IN GOVERNANCE ARE A SUBSTANTIAL FACTOR IN THE DISTRICT'S
CHRONIC UNDERPERFORMANCE AND THAT THE DISTRICT IS IN STAGE THREE ACADEM-
IC AND/OR FISCAL RESTRUCTURING STATUS. UPON ISSUANCE OF SUCH DECLARA-
TION, THE BOARD OF REGENTS SHALL APPOINT A THREE MEMBER TEAM TO SERVE ON
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AN EDUCATION OVERSIGHT BOARD FOR THE SCHOOL DISTRICT, WHICH SHALL HAVE
ALL THE POWERS AND DUTIES OF THE BOARD OF EDUCATION. UPON APPOINTMENT OF
AN EDUCATION OVERSIGHT BOARD, ALL MEMBERS OF THE BOARD OF EDUCATION
SHALL BE REMOVED FROM OFFICE AND NO NEW BOARD MEMBERS MAY BE ELECTED OR
APPOINTED WHILE THE EDUCATION OVERSIGHT BOARD IS IN PLACE. WHERE THE
INDEPENDENT REVIEW TEAM SO RECOMMENDS AND THE BOARD OF REGENTS ACCEPTS
SUCH RECOMMENDATION, THE SUPERINTENDENT OF SCHOOLS SHALL VACATE HIS OR
HER OFFICE AND BE DEEMED REMOVED FOR CAUSE AND THE EDUCATION OVERSIGHT
BOARD SHALL APPOINT A NEW SUPERINTENDENT OF SCHOOLS.
C. IN THE EVENT THAT THE INDEPENDENT REVIEW TEAM DOES NOT CONCLUDE
THAT THE BOARD OF EDUCATION'S ACTIONS AND/OR OMISSIONS HAVE INTERFERED
WITH IMPLEMENTATION OF THE DISTRICT'S PLAN OR THE BOARD OF REGENTS DOES
NOT DECLARE THAT PROBLEMS IN GOVERNANCE ARE A SUBSTANTIAL FACTOR IN THE
DISTRICT'S CHRONIC UNDERPERFORMANCE, THE DISTRICT SHALL RETURN TO STAGE
TWO ACADEMIC AND/OR FISCAL INTERVENTION STATUS UNTIL IT MEETS AND MAIN-
TAINS ITS PLAN GOALS FOR THREE CONSECUTIVE SCHOOL YEARS. WHEN THE
DISTRICT RETURNS TO STAGE TWO ACADEMIC AND/OR FISCAL INTERVENTION
STATUS, THE DISTINGUISHED EDUCATOR AND/OR FISCAL ADMINISTRATOR MAY MAKE
RECOMMENDATIONS FOR ADDITIONAL MEASURES THE DISTRICT MUST IMPLEMENT TO
ASSIST ITS PROGRESS TOWARD MEETING AND MAINTAINING ITS PLAN GOALS.
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, WHERE THE COMMISSIONER REMOVES AT LEAST A MAJORITY OF THE
MEMBERS OF A BOARD OF EDUCATION PURSUANT TO SECTION THREE HUNDRED SIX OF
THIS TITLE, THE BOARD OF REGENTS MAY DECLARE THAT THE DISTRICT IS IN
STAGE THREE ACADEMIC AND/OR FISCAL RESTRUCTURING STATUS AND APPOINT A
THREE MEMBER TEAM TO SERVE ON AN EDUCATION OVERSIGHT BOARD FOR THE
SCHOOL DISTRICT PURSUANT TO THIS SUBDIVISION.
E. AT LEAST ONCE EVERY FOUR YEARS, THE COMMISSIONER SHALL APPOINT AN
INDEPENDENT REVIEW TEAM TO EVALUATE AND MAKE RECOMMENDATIONS TO THE
BOARD OF REGENTS ON THE EFFECTIVENESS OF THE EDUCATION OVERSIGHT BOARD
AND THE NEED, IF ANY, TO CONTINUE TO HAVE AN EDUCATION OVERSIGHT BOARD
IN PLACE. IF THE BOARD OF REGENTS DETERMINES THAT CONTINUATION OF AN
EDUCATION OVERSIGHT BOARD IS NECESSARY, THEY MAY REAPPOINT MEMBERS OF
THE OVERSIGHT BOARD OR APPOINT A NEW OVERSIGHT BOARD PURSUANT TO THIS
SUBDIVISION. IF THE BOARD OF REGENTS DETERMINES THAT CONTINUATION OF AN
EDUCATION OVERSIGHT BOARD IS NOT NECESSARY AND THAT THE EDUCATION OVER-
SIGHT BOARD SHOULD BE ELIMINATED, THE COMMISSIONER SHALL ORDER THAT A
SPECIAL ELECTION BE HELD AND WHEN ALL SUCH NEWLY ELECTED BOARD MEMBERS
TAKE OFFICE, THE APPOINTMENT OF THE EDUCATION OVERSIGHT BOARD SHALL
TERMINATE.
F. AT ANY TIME AFTER THE APPOINTMENT OF AN EDUCATION OVERSIGHT BOARD,
TWENTY-FIVE QUALIFIED VOTERS, OR FIVE PERCENT OF THE NUMBER OF VOTERS
WHO VOTED AT THE LAST ELECTION OF MEMBERS OF THE BOARD OF EDUCATION,
WHICHEVER IS GREATER, MAY PETITION THE COMMISSIONER FOR A DETERMINATION
WHETHER THE APPOINTMENT OF AN EDUCATION OVERSIGHT BOARD SHOULD BE MODI-
FIED OR ELIMINATED AND WHETHER THE SCHOOL DISTRICT IS NO LONGER IN
ACADEMIC AND/OR FISCAL STATUS. THE DETERMINATION OF THE COMMISSIONER
SHALL BE SUBJECT TO REVIEW BY THE BOARD OF REGENTS. IF THE BOARD OF
REGENTS DETERMINES THAT THE EDUCATION OVERSIGHT BOARD SHOULD BE ELIMI-
NATED, THE COMMISSIONER SHALL ORDER THAT A SPECIAL ELECTION BE HELD AND
WHEN ALL SUCH NEWLY ELECTED BOARD MEMBERS TAKE OFFICE, THE APPOINTMENT
OF THE EDUCATION OVERSIGHT BOARD SHALL TERMINATE.
G. FOR PURPOSES OF THIS SECTION, "SCHOOL DISTRICT" SHALL MEAN A
COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL OR CITY SCHOOL
DISTRICT, OTHER THAN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE.
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H. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE ANY REGULATIONS AND TO
TAKE ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
S 2. This act shall take effect immediately.