Senate Bill S6687

2011-2012 Legislative Session

Relates to intervention in chronically underperforming school districts

download bill text pdf

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
Mar 09, 2012	referred to education

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2011-S6687 (ACTIVE) - Details

See Assembly Version of this Bill:: A8319
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §211-f, Ed L

2011-S6687 (ACTIVE) - Summary

Relates to intervention in chronically underperforming school districts, directs the development of a plan for school districts in academic or fiscal at-risk status and provides for the appointment of an education oversight board in cases where a district is found to be chronically underperforming.

2011-S6687 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6687

TITLE OF BILL:

An act
to amend the education law, in relation to
intervention in chronically underperforming school districts

PURPOSE OF THE BILL:

To provide for a system of supports and interventions, aligned with
the framework established in Chapter 57 of the Laws of 2007, designed
to build the capacity of school districts in academic and/or fiscal
distress and the appointment of an education oversight board in cases
where a district is found to be chronically underperforming.

SUMMARY OF PROVISIONS:

Section 1 of the bill would permit the commissioner of education to
designate a school district as being in stage one academic and/or
fiscal at-risk status, stage two academic and/or fiscal intervention
status, and stage three academic and/or fiscal restructuring status.
A district would be designated as being in stage one academic and/or
fiscal at-risk status where (1) it has been a district requiring
academic progress 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 (2) its 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. In the case of a
school district that meets the criteria for identification as being
in 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 the bill.

With the assistance of a joint school intervention team appointed by
the commissioner, a district in stage one academic and/or fiscal
at-risk status would be required, within ninety days of such
designation, to develop a plan or include in its existing plan
specific, measurable goals designed to remove the district from such
status. The bill would require that the district's plan be supported
by targeted technical assistance and professional development from an
approved external provider approved by the commissioner at an expense
to be borne by the district and that the plan be submitted to the
commissioner for approval. The reasonable and necessary expenses
incurred in the performance of the joint school intervention team's
duties would be a charge upon the school district.

A district would be removed from stage one academic and/or fiscal
at-risk status if it meets and maintains its plan goals for three
consecutive school years. If the district fails to do so, the


commissioner would identify the district as being in stage two
academic and/or fiscal intervention status. The commissioner could
also, at any time during stage one academic and/or fiscal at-risk
status, identify the district as being in stage two academic and/or
fiscal intervention status where
the district is found to be in noncompliance with its plan or is
unwilling or unable to make substantial progress towards
accomplishing its plan goals.

Upon identification of a school district as being in stage two
academic and/or fiscal intervention status, the bill would permit the
commissioner to appoint a distinguished educator, pursuant to
Education Law §211-c, and/or 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 would be a charge
upon the school district.

Pursuant to the bill, the duties of the distinguished educator and
fiscal administrator would include reviewing and monitoring the
district's implementation of and compliance with its plan and
recommending measures to the board to assist the district's progress
toward meeting its plan goals. The distinguished educator would also
have the duty to review district and school systems, structures,
operations and facilities; assess the district's capacity to promote
and support teaching and learning; work with district administration
and the board of education to review data, analyze district and
school structures, plan for improvement, assist in targeting district
priorities; facilitate increased student performance across the
district; and recommend administrative and operational improvements
to strengthen systems. The fiscal administrator's duties would
include approving any proposed contract or other obligation having a
projected cost of $50,000.00 or more, making recommendations
concerning strategies to achieve cost reductions and other fiscal
efficiencies, reviewing all estimates of district revenues to ensure
accuracy, and making findings regarding whether the authorization by
the board of education of items of expenditure and other
appropriations are consistent with the requirements of a balanced
budget and the district's plan goals.

The bill provides that the distinguished educator and/or fiscal
administrator would submit periodic reports to the commissioner on
the district's progress toward meeting its plan goals and may make
certain recommendations to the commissioner.

A district would be removed 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 do so, the
commissioner would identify the district as potentially being in
stage three academic and/or fiscal restructuring status. The
commissioner could also, at any time during stage two academic and/or
fiscal intervention status, identify the district as potentially
being in stage three academic and/or fiscal restructuring status
where the district is found to be in noncompliance with its plan or
is unwilling or unable to make substantial progress towards
accomplishing its plan goals.


Upon identification of a district as potentially being in stage three
academic and/or fiscal restructuring status, the commissioner would
appoint an independent review team to assess the reasons for the
district's potential designation and the prospects for improvement
and report to the Board of Regents. If 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 academic and/or fiscal restructuring
status. In this case, the Board of Regents would appoint a
three-member team to serve as an
education oversight board for the school district, which would have
all the powers and duties of the board of education. Pursuant to the
bill, at least two members of the education oversight board must
have been residents of the school district for at least one year
prior to their appointment to such board. Upon appointment of the
education oversight board, all members of the board of education
would be removed from office and no new board members could 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
would vacate his or her office and would be deemed removed for cause
and the education oversight board would have the authority to appoint
a new superintendent of schools.

If the independent review team does not conclude that the board of
education has interfered with the implementation of the district's
plan or the Board of Regents does not declare that governance
problems are a substantial factor in the district's chronic
underperformance, as described above, the bill provides that the
district would return to stage two academic and/or fiscal
intervention status until it meets and maintains its plan goals for
three consecutive school years.

The bill would also provide the Board of Regents with the authority to
appoint an education oversight board in school districts in which the
commissioner has removed at least a majority of the members of a
board of education pursuant to Education Law §306.

An education oversight board would report directly to the
commissioner; its members would be appointed for terms of up to four
school years and would serve at the pleasure of the Board of Regents.
Members of the education oversight board would be provided defense
and indemnification by the state pursuant to section 17 of the Public
Officers Law. Pursuant to the bill, at least once every tour years,
the commissioner would appoint an independent review team to evaluate
and make recommendations to the Board of Regents as to the oversight
board's effectiveness and the need, if any, for such board to continue.

The bill also provides a petition process through which the
Commissioner would determine whether the appointment of an education
oversight board should be modified or eliminated and whether the
school district is no longer in academic and/or fiscal status. The
bill provides that the commissioner's determination would be subject
to review by the Board of Regents. Should the Board of Regents
determine that the education oversight board be eliminated, the bill


provides that the commissioner would order that a special election be
held and when all newly elected board members take office, the
appointment of the education oversight board would terminate.

For purposes of this bill, "school district" would mean a common,
union free, central, central high school or city school district,
other than a city school district in a city having a population of
one million or more.

§2 of the bill would be the effective date.

STATEMENT IN SUPPORT OF THE BILL:

Consistent with the accountability framework established by Chapter 57
of the Laws of 2007, the purpose of this bill is to provide a system
of targeted and Progressive supports and interventions that will
strengthen and improve school district governance in chronically
underperforming school districts as well as a mechanism by which
boards of education are held accountable for the academic and/or
fiscal performance of their districts where governance problems are a
substantial factor in the district's chronic academic and/or fiscal
underperformance. School boards have played a critical role in the
history of American public schools and they represent our society's
firm belief in the importance of local governance. While effective
school boards support and enhance staff instructional locus and
student academic achievement, ineffective school boards can
negatively impact all levels of district performance and fiscal
stability.

To address the need for school governance teams to focus on increasing
student achievement and maintaining fiscal stability, this bill Would
provide additional authority for the Board of Regents and State
Education Department to implement a system of progressive
interventions in academically and/or fiscally distressed districts,
including appointment of an education oversight board in cases where
governance problems are a substantial factor in the district's chronic
underperformance. The education oversight board would have all the
powers and duties of the board of education. Upon appointment of the
overnight board, all members of the board of education Would be
removed from office, no new board members could be elected or
appointed while the education oversight board Is in place, and, in
certain circumstances, the superintendent of schools would vacate his
or her office and would be deemed removed for cause. The education
oversight board would have the authority to appoint a new
superintendent of schools.

This bill builds on the framework of supports established by Chapter
57 of the Laws of 2007 in order to build the capacity of the board of
education and its member, through professional development, training,
and the assistance of accomplished practitioners who can help the
board and district achieve the appropriate focus on governance that
will positively impact student achievement.
In cases where both an independent review team and the board of
regents find that board governance is a factor in the most serious
academic and/or fiscal distress, the bill also provides a structure
for holding such boards accountable while assisting and supporting
the district in achieving academic and/or fiscal stability.


BUDGETARY IMPLICATIONS OF THE BILL:

While the bill does not impose direct costs to the State, the
Department will be required to redirect existing resources to fulfill
the technical assistance, oversight and monitoring responsibilities
set forth in the bill.

It is expected that an identified school district that moves through
all three stages described in the bill would incur the following
annual costs: $15,000 for expenses related to the appointment of a
joint school intervention team; $10,000 for training and/or
professional development (based on a seven-member board receiving
five trainings per year).  $100,000 for an appointed Distinguished
Educator, and/or $150,000 for an appointed fiscal administrator
(based on a 1.0 FTE).

PRIOR LEGISLATIVE HISTORY:
None.

EFFECTIVE DATE:
The bill would take effect immediately.

2011-S6687 (ACTIVE) - Bill Text download pdf

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

                                  6687

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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 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
DESIGNED  TO  REMOVE  THE DISTRICT FROM STAGE ONE ACADEMIC AND/OR FISCAL
AT-RISK STATUS. FOR DISTRICTS IDENTIFIED AS BEING IN STAGE ONE  ACADEMIC

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

                                                           LBD11971-01-1

S. 6687                             2

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
DEEMS APPROPRIATE TO ASSIST THE DISTRICT'S PROGRESS TOWARD  MEETING  ITS
PLAN GOALS.

S. 6687                             3

  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
AN EDUCATION OVERSIGHT BOARD FOR THE SCHOOL DISTRICT, WHICH  SHALL  HAVE
ALL THE POWERS AND DUTIES OF THE BOARD OF EDUCATION. UPON APPOINTMENT OF

S. 6687                             4

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.

S. 6687                             5

  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.

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Senate Bill S6687

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Archive: Last Bill Status - In Senate Committee Education Committee

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

David Carlucci

2011-S6687 (ACTIVE) - Details

2011-S6687 (ACTIVE) - Summary

2011-S6687 (ACTIVE) - Sponsor Memo

2011-S6687 (ACTIVE) - Bill Text download pdf

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