assembly Bill A3826

2013-2014 Legislative Session

Permits the parents of pupils attending a persistently lowest-achieving school to choose an education intervention model

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 08, 2014 referred to education
Jan 29, 2013 referred to education

A3826 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add ยง3613, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A7569C

A3826 - Bill Texts

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Creates the parent empowerment pilot program which permits the parents of pupils attending a persistently lowest-achieving school to choose an education intervention model.

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

                                  3826

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to permitting the parents
  of students attending a persistently lowest-achieving school to choose
  an education intervention model; and providing for the repeal of  such
  provisions upon expiration thereof

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

  Section 1. Legislative intent. The legislature hereby finds  that  the
current state of our education system in New York state is not providing
all its students with access to the best possible education, thus inhib-
iting  their  ability  to become fully participating members of society.
New York state was recently ranked 35th in the country in their progress
on the National Assessment of Educational Progress,  otherwise  referred
to  as  the Nation's Report Card, a national test instituted every other
year to students  in  every  state.  The  gaps  in  achievement  between
students  based on race and geographic location are staggering and unac-
ceptable. In 2011, White students in New York state were almost twice as
likely as their African-American and Hispanic counterparts to meet basic
standards in reading and  writing.  According  to  the  state  education
department,  in 2011 only 47% of public high school students in the city
of Buffalo and the city of Rochester graduated, a reduction from  a  53%
graduation rate in 2009.
  Although there have been steps taken on the state level to correct and
reverse  these  alarming  trends and gaps in achievement, the speed with
which they are implemented is insufficient, and  the  varying  needs  of
districts  cannot  be  met  by  one  universal approach. The legislature
believes that to ensure the  successful  rehabilitation  of  our  lowest
performing  schools, we must engage and encourage the involvement of the
parents in the process. Allowing parents  to  assert  control  over  how
persistently  lowest  achieving  schools  are revitalized will instill a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07903-02-3

A. 3826                             2

sense of ownership over the approach implemented, and help ensure  their
continued  involvement  in  the  process.  When  considering how to best
address their individual situation, parents will have to  become  organ-
ized  and  informed  about  the  different  challenges the school faces.
Parental involvement is the only aspect of  education  reform  that  the
state  and  the  local educational authorities have little to no control
over, yet it is a requirement for many programs and grants  designed  to
assist in these much needed reforms.
  Therefore,  this  legislation will provide a pilot program that allows
parents, in a portion the state identified as having persistently lowest
achieving schools, to collectively come together and  provide  direction
on how to correct and ensure the adequate education of their children.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"parent empowerment pilot program".
  S 3. The education law is amended by adding a new section 3613 to read
as follows:
  S 3613. PARENT EMPOWERMENT PILOT PROGRAM. 1. FOR THE PURPOSES OF  THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  A.  "PERSISTENTLY  LOWEST-ACHIEVING SCHOOL" MEANS A PUBLIC SCHOOL THAT
HAS FAILED TO MAKE ANNUAL YEAR PROGRESS FOR FOUR YEARS IN A ROW OR  MORE
AS IDENTIFIED BY THE COMMISSIONER.
  B.  "INTERVENTION  MODEL" MEANS FEDERAL EDUCATION INTERVENTION MODELS,
WHICH INCLUDE THE TURNAROUND MODEL, RESTART MODEL, TRANSFORMATION  MODEL
OR CLOSURE MODEL.
  C.  "TURNAROUND  MODEL" MEANS THAT A SCHOOL MUST REPLACE THE PRINCIPAL
AND REHIRE NO MORE THAN FIFTY PERCENT OF THE SCHOOL'S STAFF, ADOPT A NEW
GOVERNANCE STRUCTURE,  PROVIDE  JOB-EMBEDDED  PROFESSIONAL  DEVELOPMENT,
OFFER  STAFF  FINANCIAL  AND  CAREER-ADVANCEMENT INCENTIVES, IMPLEMENT A
RESEARCH-BASED,  ALIGNED  INSTRUCTIONAL  PROGRAM,  EXTEND  LEARNING  AND
TEACHER PLANNING TIME, CREATE A COMMUNITY-ORIENTATION, AND PROVIDE OPER-
ATING FLEXIBILITY.
  D.  "RESTART  MODEL"  MEANS  THAT  A SCHOOL CLOSES AND REOPENS UNDER A
CHARTER SCHOOL OPERATOR, A CHARTER MANAGEMENT ORGANIZATION (CMO)  OR  AN
EDUCATION  PARTNERSHIP  ORGANIZATION  THAT  HAS  BEEN SELECTED THROUGH A
RIGOROUS REVIEW PROCESS. A RESTART MODEL MUST ENROLL, WITHIN THE  GRADES
IT SERVES, ANY FORMER STUDENT WHO WISHES TO ATTEND.
  E. "TRANSFORMATION MODEL" MEANS THAT A SCHOOL MUST REPLACE THE PRINCI-
PAL, PROVIDE JOB-EMBEDDED PROFESSIONAL DEVELOPMENT, IMPLEMENT A RIGOROUS
TEACHER-EVALUATION   AND  REWARD  SYSTEM,  OFFER  FINANCIAL  AND  CAREER
ADVANCEMENT INCENTIVES, IMPLEMENT  COMPREHENSIVE  INSTRUCTIONAL  REFORM,
EXTEND  LEARNING- AND TEACHER-PLANNING TIME, CREATE A COMMUNITY-ORIENTA-
TION, AND PROVIDE OPERATING FLEXIBILITY AND SUSTAINED SUPPORT.
  F. "CLOSURE MODEL" MEANS THAT THE SCHOOL IS CLOSED  AND  ITS  STUDENTS
ARE ENROLLED IN OTHER, HIGHER-ACHIEVING SCHOOLS.
  G.  "SCHOOL DISTRICT" MEANS A LOCAL EDUCATION AUTHORITY WITH JURISDIC-
TION OVER A SUBJECT SCHOOL.
  H. "FINAL DISPOSITION" MEANS A DECISION  BY  A  SCHOOL  DISTRICT  WITH
REGARD TO A PETITION SEEKING THE IMPLEMENTATION OF AN INTERVENTION MODEL
AT A SUBJECT SCHOOL UNDER THEIR JURISDICTION.
  I. "PETITION" MEANS A DOCUMENT USED BY PETITIONERS SEEKING SUPPORT FOR
AN INTERVENTION MODEL AT A SUBJECT SCHOOL CONSISTENT WITH THE PROVISIONS
OF THIS SECTION.
  J. "PETITIONER" MEANS A PARENT OR OTHER PERSON WORKING WITH PARENTS OF
A  SUBJECT SCHOOL TO COLLECT SIGNATURES IN SUPPORT OF A PETITION SEEKING
TO IMPLEMENT AN INTERVENTION MODEL AT A SUBJECT SCHOOL.

A. 3826                             3

  K. "LEAD PETITIONER" MEANS UP TO FIVE PARENTS WITH  STUDENTS  ENROLLED
IN  A  SUBJECT  SCHOOL WHO INITIATE AND LEAD A PETITION DRIVE SEEKING TO
IMPLEMENT AN INTERVENTION MODEL IN THAT SUBJECT SCHOOL.
  L.  "CONTACT PERSON" MEANS AN INDIVIDUAL LEAD PETITIONER DESIGNATED TO
BE THE OFFICIAL CONTACT PERSON WITH REGARD  TO  OFFICIAL  COMMUNICATIONS
REQUIRED UNDER THIS SECTION.
  M. "PARENT" MEANS A PARENT, LEGAL GUARDIAN, OR FOSTER PARENT RESPONSI-
BLE  FOR  EDUCATION  DECISIONS FOR A PUBLIC SCHOOL STUDENT ENROLLED IN A
SUBJECT SCHOOL.
  N. "SUBJECT SCHOOL" MEANS A PERSISTENTLY LOWEST-ACHIEVING SCHOOL  THAT
IS THE SUBJECT OF A PETITION SEEKING TO IMPLEMENT AN INTERVENTION MODEL.
  O.  "ELIGIBLE STUDENT" MEANS A STUDENT ENROLLED AT A SUBJECT SCHOOL ON
THE DATE WHEN A PETITION SEEKING THE IMPLEMENTATION OF  AN  INTERVENTION
MODEL IS COMMENCED.
  2.  A.  ANY  SCHOOL  IDENTIFIED  BY  THE  COMMISSIONER AS PERSISTENTLY
LOWEST-ACHIEVING SHALL BE  ELIGIBLE  FOR  PARTICIPATION  IN  THE  PARENT
EMPOWERMENT  PILOT PROGRAM. THE PROGRAM SHALL ALLOW PARENTS OF A SUBJECT
SCHOOL TO CIRCULATE PETITIONS IN SUPPORT OF AN INTERVENTION MODEL, WHICH
A SCHOOL DISTRICT SHALL ACT UPON PURSUANT TO THIS SECTION  IF  FIFTY-ONE
PERCENT  OR  MORE OF THE PARENTS OF THE STUDENTS ENROLLED IN THE SUBJECT
SCHOOL SIGN A PETITION IN SUPPORT OF THE INTERVENTION MODEL. SUCH  PETI-
TION  SHALL  BE  PREPARED  AND SUBMITTED IN ACCORDANCE WITH SUBDIVISIONS
THREE, FOUR AND FIVE OF THIS SECTION. SUCH PETITION SHALL IDENTIFY  ONLY
ONE  INTERVENTION  MODEL, AND ALL ELIGIBLE PARENTS SHALL BE AFFORDED THE
OPPORTUNITY TO PARTICIPATE.
  B. A SCHOOL DISTRICT  MUST  PROVIDE  IN  WRITING  TO  ANY  PERSON  WHO
REQUESTS  IT  TOTAL  SUBJECT  SCHOOL  ENROLLMENT  DATA AND THE NUMBER OF
SIGNATURES THAT WOULD BE REQUIRED TO  IMPLEMENT  AN  INTERVENTION  MODEL
PURSUANT TO THE STANDARD PROVIDED IN PARAGRAPH A OF THIS SUBDIVISION.
  C.  UPON  SUBMISSION  OF  A PETITION, THE SCHOOL DISTRICT IN WHICH THE
SUBJECT SCHOOL IS LOCATED SHALL BE REQUIRED TO IMPLEMENT  THE  SPECIFIED
INTERVENTION  MODEL OR AN ALTERNATIVE INTERVENTION MODEL PURSUANT TO THE
PROVISIONS OF SUBDIVISION SIX OF THIS SECTION.
  D.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  A  SUBJECT
SCHOOL WHICH IS DESIGNATED IN ACCORDANCE WITH THIS SECTION TO RESTART AS
A  CHARTER  SCHOOL  SHALL  APPLY FOR A CHARTER AND OPERATE IN ACCORDANCE
WITH ARTICLE FIFTY-SIX OF THIS CHAPTER, PROVIDED HOWEVER:
  (I) A CHARTER SCHOOL CREATED UNDER THIS SUBDIVISION  SHALL  SERVE  THE
SAME POPULATION AND GRADES AS THE PREVIOUS SCHOOL;
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL STUDENTS ENROLLED
AT  THE  TIME THE PETITION PROCESS COMMENCES SHALL BE GIVEN THE OPPORTU-
NITY TO ENROLL IN THE CHARTER SCHOOL PRIOR TO  THE  ADMISSION  OF  OTHER
STUDENTS; AND
  (III) THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE AND SUBPAR-
AGRAPH   (I)   OF  PARAGRAPH  (B-1)  OF  SUBDIVISION  THREE  OF  SECTION
TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL NOT APPLY TO CHAR-
TER SCHOOLS OPENED PURSUANT TO THIS SECTION.
  3. A. A PETITION SHALL ONLY CONTAIN SIGNATURES OF PARENTS OF  STUDENTS
ATTENDING THE SUBJECT SCHOOL.
  B. ONLY ONE PARENT PER STUDENT MAY SIGN A PETITION.
  C.  A  PETITION  MAY BE SIGNED BY A PARENT ONCE FOR EACH OF HIS OR HER
STUDENTS ATTENDING THE SUBJECT SCHOOL, PROVIDED HOWEVER A SEPARATE PETI-
TION BOX MUST BE COMPLETED IN ITS  ENTIRETY  FOR  EACH  OF  HIS  OR  HER
STUDENTS.
  D.  A PETITION MAY BE CIRCULATED AND PRESENTED IN SECTIONS, SO LONG AS
EACH SECTION COMPLIES WITH REQUIREMENTS SET FORTH  IN  THIS  SUBDIVISION

A. 3826                             4

AND  SUBDIVISION FOUR OF THIS SECTION REGARDING THE CONTENT OF THE PETI-
TION.
  E.  SIGNATURE  GATHERERS  MAY  NOT  OFFER  GIFTS, REWARDS, OR TANGIBLE
INCENTIVES TO PARENTS TO SIGN A PETITION. NOR SHALL SIGNATURE  GATHERERS
MAKE  ANY THREATS OF COERCIVE ACTION, FALSE STATEMENTS OR FALSE PROMISES
OF BENEFITS TO PARENTS IN ORDER TO PERSUADE THEM  TO  SIGN  A  PETITION,
EXCEPT  THAT  SIGNATURE GATHERERS, SCHOOL SITE STAFF OR OTHER MEMBERS OF
THE PUBLIC MAY DISCUSS EDUCATION RELATED IMPROVEMENTS HOPED TO BE  REAL-
IZED  BY  IMPLEMENTING  ANY INTERVENTION DESCRIBED IN THESE REGULATIONS.
SIGNATURE GATHERERS, STUDENTS, SCHOOL SITE STAFF, SCHOOL DISTRICT STAFF,
MEMBERS OF THE COMMUNITY, AND PARENTS SHALL  BE  FREE  FROM  HARASSMENT,
THREATS,  AND  INTIMIDATION RELATED TO CIRCULATION OF OR SIGNING A PETI-
TION, AND FROM BEING DISCOURAGED TO SIGN OR BEING ENCOURAGED  TO  REVOKE
THEIR  SIGNATURE  ON  A  PETITION. SIGNATURE GATHERERS SHALL DISCLOSE IF
THEY ARE BEING PAID AND SHALL NOT BE PAID PER SIGNATURE.
  F. SUBJECT SCHOOL OR DISTRICT RESOURCES SHALL NOT BE USED  TO  IMPEDE,
ASSIST  OR IN ANY WAY INFLUENCE THE PETITION SIGNATURE GATHERING PROCESS
OTHER THAN AS SPECIFICALLY PROVIDED IN THIS SECTION.
  4. A. THE PETITION AND EACH SECTION OF THE PETITION SHALL CONTAIN  THE
FOLLOWING ELEMENTS:
  (I) A HEADING WHICH STATES THAT IT IS A PETITION OF PARENTS TO REQUEST
THAT A MODEL INTERVENTION BE IMPLEMENTED AT THE SPECIFIED SUBJECT SCHOOL
AND TO BE SUBMITTED TO A SPECIFIED SCHOOL DISTRICT;
  (II)  A STATEMENT THAT THE PETITION SEEKS THE SIGNATURES OF THE PARENT
OF THE STUDENTS ATTENDING THE SUBJECT SCHOOL;
  (III) THE NAME AND PUBLIC CONTACT INFORMATION OF  THE  CONTACT  PERSON
WHO  IS  TO BE CONTACTED BY PERSONS INTERESTED IN THE PETITION OR BY THE
SCHOOL DISTRICT;
  (IV) IDENTIFICATION OF THE INTERVENTION MODEL;
  (V) A DESCRIPTION OF THE INTERVENTION MODEL  USING  THE  LANGUAGE  SET
FORTH  IN  PARAGRAPHS  C,  D, E, OR F OF SUBDIVISION ONE OF THIS SECTION
WITHOUT OMISSION, TO ENSURE FULL DISCLOSURE OF THE IMPACT OF THE  INTER-
VENTION MODEL;
  (VI) THE NAME OF THE SUBJECT SCHOOL;
  (VII)  BOXES THAT ARE CONSECUTIVELY NUMBERED COMMENCING WITH NUMBER 1,
WITH SUFFICIENT SPACE FOR THE SIGNATURE OF EACH PETITION SIGNER AS  WELL
AS  HIS OR HER PRINTED NAME, DATE, STUDENT'S NAME, THE STUDENT'S DATE OF
BIRTH, AND THE STUDENT'S CURRENT GRADE. THE BOXES MAY  ALSO  HAVE  SPACE
FOR THE SIGNER'S ADDRESS, CITY OR UNINCORPORATED COMMUNITY NAME, AND ZIP
CODE,  OR REQUEST OTHER INFORMATION, AND, IF SO, THE PETITION SHALL MAKE
CLEAR THAT PROVIDING SUCH INFORMATION IS VOLUNTARY AND CANNOT BE MADE  A
CONDITION OF SIGNING;
  (VIII) AN AFFIRMATION THAT THE SIGNING PARENT IS REQUESTING THE SCHOOL
DISTRICT  TO  IMPLEMENT THE IDENTIFIED INTERVENTION MODEL AT THE SUBJECT
SCHOOL;
  (IX) IF REQUESTING THAT A SCHOOL DISTRICT IMPLEMENT THE RESTART  MODEL
AND  THAT THE SUBJECT SCHOOL BE REOPENED UNDER A SPECIFIC CHARTER SCHOOL
OPERATOR, CHARTER  MANAGEMENT  ORGANIZATION,  OR  EDUCATION  PARTNERSHIP
ORGANIZATION, A CLEAR STATEMENT CONTAINING THAT INFORMATION ON THE FRONT
OF  THE  PETITION,  INCLUDING  CONTACT INFORMATION OF THE CHARTER SCHOOL
OPERATOR,  CHARTER  MANAGEMENT  ORGANIZATION  OR  EDUCATION  PARTNERSHIP
ORGANIZATION; AND
  (X) THE NAMES OF ANY AGENCIES OR ORGANIZATIONS THAT ARE SUPPORTING THE
PETITION, EITHER THROUGH DIRECT FINANCIAL ASSISTANCE OR IN-KIND CONTRIB-
UTIONS  OF STAFF AND VOLUNTEER SUPPORT, MUST BE PROMINENTLY DISPLAYED ON
THE FRONT PAGE OF THE PETITION.

A. 3826                             5

  B. THE DEPARTMENT SHALL DEVELOP A  SAMPLE  PETITION,  WHICH  SHALL  BE
AVAILABLE  ON  THE  DEPARTMENT'S  WEBSITE. THE DEPARTMENT SHALL MAKE THE
SAMPLE PETITION AVAILABLE IN THE LANGUAGES PREDOMINANTLY SPOKEN  IN  THE
AFFECTED  COMMUNITY  UPON REQUEST. A PETITIONER SHALL NOT BE REQUIRED TO
USE  THE  SAMPLE PETITION; HOWEVER, ALTERNATE PETITIONS MUST CONTAIN ALL
REQUIRED COMPONENTS PURSUANT TO THIS  SECTION  AND  REGULATORY  REQUIRE-
MENTS.
  5. A. COMPLETED PETITIONS SHALL BE SUBMITTED TO THE SCHOOL DISTRICT BY
THE  LEAD PETITIONERS. LEAD PETITIONERS MAY NOT SUBMIT A PETITION TO THE
SCHOOL DISTRICT UNTIL THEY HAVE COLLECTED THE  SIGNATURES  OF  FIFTY-ONE
PERCENT OR MORE OF THE SUBJECT SCHOOL PARENTS. THE DATE OF SUBMISSION OF
THE PETITION SHALL BE THE START DATE FOR IMPLEMENTATION OF ALL STATUTORY
AND REGULATORY REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION.
  B.  CONSISTENT  WITH  PARAGRAPH  A OF SUBDIVISION SIX OF THIS SECTION,
LEAD PETITIONERS SHALL BE ALLOWED TO RESUBMIT  THEIR  PETITION  ONCE  TO
CORRECT  ERRORS  IDENTIFIED  BY  THE  SCHOOL DISTRICT, VERIFY SIGNATURES
AFTER A GOOD FAITH EFFORT IS MADE BY THE SCHOOL DISTRICT TO DO SO FIRST,
OR SUBMIT ADDITIONAL SIGNATURES. THE START DATE FOR A RESUBMITTED  PETI-
TION  SHALL BE THE DATE IT IS RESUBMITTED. NO ROLLING PETITIONS SHALL BE
ACCEPTED BY THE SCHOOL DISTRICT.
  C. AT THE TIME OF PETITION SUBMISSION THE PETITIONERS SHALL  SUBMIT  A
SEPARATE  DOCUMENT  THAT IDENTIFIES THE LEAD PETITIONERS AND THE CONTACT
PERSON WITH THEIR CONTACT INFORMATION. THE SCHOOL DISTRICT SHALL  SUBSE-
QUENTLY  PROCESS  ALL  OFFICIAL  COMMUNICATIONS PURSUANT TO THIS SECTION
THROUGH THE CONTACT PERSON.
  6. A. UPON RECEIPT OF THE  PETITION,  THE  SCHOOL  DISTRICT  MAY  MAKE
REASONABLE  EFFORTS TO VERIFY THAT THE SIGNATURES ON THE PETITION CAN BE
COUNTED CONSISTENT WITH THESE REGULATIONS. A SCHOOL DISTRICT  SHALL  NOT
INVALIDATE  THE  SIGNATURE OF A PARENT OF AN ELIGIBLE STUDENT ON A MINOR
TECHNICALITY, AND SHALL ASSUME THAT THE PARENT IS ENTITLED TO  SIGN  THE
PETITION  UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY.
THE SCHOOL DISTRICT SHALL MAKE A GOOD FAITH EFFORT  TO  CONTACT  PARENTS
WHEN  A  SIGNATURE  IS NOT CLEARLY IDENTIFIABLE INCLUDING PHONE CALLS TO
THE PARENT.
  B. IF, ON THE DATE THE PETITION IS  SUBMITTED,  A  SUBJECT  SCHOOL  IS
IDENTIFIED  PURSUANT  TO PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION,
IT SHALL REMAIN A SUBJECT SCHOOL UNTIL FINAL DISPOSITION OF THE PETITION
UNLESS THAT SCHOOL HAS CEASED TO BE IDENTIFIED AS BEING  IN  IMPROVEMENT
STATUS.
  C.  IN  CONNECTION  WITH  THE  PETITION,  THE SCHOOL DISTRICT MAY ONLY
CONTACT PARENTS TO VERIFY ELIGIBLE SIGNATURES ON THE PETITION. THE  LEAD
PETITIONERS  FOR THE PETITION SHALL BE CONSULTED TO ASSIST IN CONTACTING
PARENTS WHEN THE SCHOOL DISTRICT FAILS TO REACH A PARENT.
  D. UPON RECEIPT, THE SCHOOL DISTRICT MAY, WITHIN FORTY CALENDAR  DAYS,
RETURN  THE PETITION TO THE CONTACT PERSON IF THE SCHOOL DISTRICT DETER-
MINES ANY OF THE FOLLOWING:
  (I) LESS THAN FIFTY-ONE PERCENT OF THE PARENTS OF STUDENTS MEETING THE
REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION THREE OF  THIS  SECTION  HAVE
SIGNED THE PETITION;
  (II) THE SCHOOL NAMED IN THE PETITION IS NOT A SUBJECT SCHOOL; OR
  (III) THE PETITION DOES NOT SUBSTANTIALLY MEET THE REQUIREMENTS SPECI-
FIED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION. IN SUCH A CASE, THE
SCHOOL  DISTRICT  SHALL  IMMEDIATELY  PROVIDE THE CONTACT PERSON WRITTEN
NOTICE OF ITS REASONS FOR RETURNING  THE  PETITION  AND  ITS  SUPPORTING
FINDINGS.

A. 3826                             6

  E.  IF  THE SCHOOL DISTRICT FINDS THAT SUFFICIENT SIGNATURES CANNOT BE
VERIFIED, IT SHALL IMMEDIATELY NOTIFY THE CONTACT PERSON AND PROVIDE THE
CONTACT PERSON WITH THE NAMES OF THOSE PARENTS  IT  CANNOT  VERIFY.  THE
LEAD  PETITIONERS  SHALL  BE  PROVIDED SIXTY CALENDAR DAYS TO ASSIST THE
SCHOOL  DISTRICT IN VERIFYING THE SIGNATURES. A NUMBER OF METHODS MAY BE
USED, INCLUDING, BUT NOT LIMITED TO, AN OFFICIAL NOTARIZATION PROCESS OR
HAVING THE PARENT APPEAR AT THE SCHOOL OR DISTRICT OFFICE.
  F. IF THE SCHOOL DISTRICT FINDS ERRORS OR PROBLEMS  WITH  A  SUBMITTED
PETITION  OTHER  THAN  THE NUMBER OF VALID PETITION SIGNATURES, IT SHALL
NOTIFY THE CONTACT PERSON IN WRITING OF  SUCH  ERRORS  OR  PROBLEMS  AND
REQUEST  THAT THEY BE CORRECTED OR CLARIFIED PRIOR TO THE FINAL DISPOSI-
TION OF THE PETITION.
  G. IF THE PETITION IS RETURNED PURSUANT TO PARAGRAPH D, E OR F OF THIS
SUBDIVISION, THE SAME PETITION MAY BE RESUBMITTED  ONCE  TO  THE  SCHOOL
DISTRICT  WITH  VERIFIED  SIGNATURES  OR  OTHER  NECESSARY  CORRECTIONS,
PROVIDED THAT NO SUBSTANTIVE CHANGES MAY BE MADE TO  THE  PETITION.  THE
RESUBMISSION  MUST  BE COMPLETED NO LATER THAN SIXTY CALENDAR DAYS AFTER
THE RETURN OF THE PETITION PURSUANT TO THIS SUBDIVISION. UPON  RESUBMIS-
SION  OF THE PETITION, THE SCHOOL DISTRICT SHALL HAVE TWENTY-FIVE CALEN-
DAR DAYS TO VERIFY THE RESUBMITTED SIGNATURES, ADDITIONAL SIGNATURES  OR
CORRECTIONS TO THE PETITION.
  H.  IF SUBSTANTIVE CHANGES ARE MADE TO THE PETITION, IT MUST BE RECIR-
CULATED FOR SIGNATURES BEFORE IT MAY BE SUBMITTED TO THE SCHOOL DISTRICT
AND IT SHALL BE DEEMED A NEW PETITION.
  I. IF THE SCHOOL DISTRICT DOES NOT RETURN  THE  PETITION,  THE  SCHOOL
DISTRICT  SHALL HAVE FORTY-FIVE CALENDAR DAYS FROM THE DATE THE PETITION
IS RECEIVED TO REACH A FINAL DISPOSITION. THE DATE MAY BE EXTENDED BY AN
ADDITIONAL TWENTY-FIVE CALENDAR DAYS IF THE SCHOOL DISTRICT AND THE LEAD
PETITIONERS AGREE TO THE EXTENSION IN WRITING.
  J. THE SCHOOL DISTRICT SHALL NOTIFY THE COMMISSIONER IN WRITING WITHIN
FIFTEEN CALENDAR DAYS OF ITS RECEIPT OF  A  PETITION,  AND  WITHIN  FIVE
CALENDAR  DAYS  OF  THE FINAL DISPOSITION OF THE PETITION. THE NOTICE OF
FINAL DISPOSITION SHALL STATE:
  (I) THAT THE SCHOOL DISTRICT WILL IMPLEMENT THE MODEL INTERVENTION  IN
THE PETITION; OR
  (II)  THE  REASON  IT  CANNOT  IMPLEMENT THE INTERVENTION MODEL IN THE
PETITION, DESIGNATE WHICH INTERVENTION MODEL IT WILL IMPLEMENT  INSTEAD,
AND  HOW  THE  INTERVENTION  MODEL  SELECTED BY THE SCHOOL DISTRICT WILL
ENSURE THAT THE SCHOOL WILL MAKE ADEQUATE YEARLY PROGRESS.
  K. THE COMMISSIONER SHALL REVIEW THE FINAL DISPOSITION AS SUBMITTED BY
A SCHOOL  DISTRICT.  IF  THE  COMMISSIONER  CONCLUDES  THAT  THE  SCHOOL
DISTRICT  HAS  NOT PRESENTED SUFFICIENT GROUNDS FOR REJECTING THE RECOM-
MENDED INTERVENTION MODEL IN THE PETITION, OR HAS  NOT  PROVIDED  SUFFI-
CIENT  GROUNDS  FOR  CHOOSING  AN  ALTERNATIVE  INTERVENTION  MODEL, THE
COMMISSIONER SHALL REJECT THE SCHOOL DISTRICT'S DECISION. SUCH REJECTION
SHALL BE PROVIDED TO THE SCHOOL DISTRICT  AND  THE  LEAD  PETITIONER  IN
WRITING  WITHIN THIRTY DAYS OF RECEIPT OF THE FINAL DISPOSITION FROM THE
SCHOOL DISTRICT, INCLUDING ISSUES THAT THE SCHOOL DISTRICT  MAY  ADDRESS
IN  RECONSIDERING  THEIR  DECISION.  UPON  RECEIPT OF THE COMMISSIONER'S
DECISION TO REJECT THEIR FINAL DISPOSITION, A SCHOOL DISTRICT SHALL HAVE
THIRTY DAYS TO RESUBMIT AN AMENDED  FINAL  DISPOSITION.  IF  THE  SCHOOL
DISTRICT  DOES NOT SUBMIT AN AMENDED FINAL DISPOSITION WITHIN THE THIRTY
DAY PERIOD, THE INTERVENTION MODEL IN THE PETITION SHALL BE  IMPLEMENTED
BY  THE SCHOOL DISTRICT. IF THE COMMISSIONER CONCLUDES THAT A RE-SUBMIT-
TED FINAL DECISION BY THE SCHOOL DISTRICT  IS  STILL  INSUFFICIENT,  THE
COMMISSIONER  SHALL, WITHIN THIRTY DAYS, ISSUE A FINAL DISPOSITION AFTER

A. 3826                             7

CONSULTING WITH THE SCHOOL DISTRICT AND THE LEAD  PETITIONERS,  AND  THE
SCHOOL  DISTRICT  SHALL IMPLEMENT THAT INTERVENTION MODEL ON A TIMETABLE
SPECIFIED BY THE COMMISSIONER.
  7. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO CITIES HAVING
A POPULATION OF MORE THAN TWO HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN
THREE HUNDRED THOUSAND.
  8.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION,  INCLUDING  TO  ENSURE  THE
TRANSITION IN SCHOOL GOVERNANCE AND OTHER CHANGES RELATED TO IMPLEMENTA-
TION  OF  THE  TURNAROUND  MODEL  IN  A  MANNER  THAT RESULTS IN MINIMAL
DISRUPTION TO THE INSTRUCTIONAL ENVIRONMENT.
  9. BY JANUARY FIRST OF THE YEAR IN WHICH THIS ACT EXPIRES, THE DEPART-
MENT SHALL SUBMIT TO THE OFFICE OF THE GOVERNOR, THE  PRESIDENT  OF  THE
SENATE,  THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,
THE MINORITY LEADER OF THE ASSEMBLY, THE SENATE  STANDING  COMMITTEE  ON
EDUCATION  AND  THE ASSEMBLY STANDING COMMITTEE ON EDUCATION A REPORT OF
THE USAGE, IMPLEMENTATION, COST AND  ALL  RELEVANT  STUDENT  PERFORMANCE
DATA FOR SCHOOLS WHICH PARTICIPATED IN THE PARENT EMPOWERMENT PROGRAM.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law,  provided,  however,  that
this act shall expire and be deemed repealed ten years after the date of
enactment, and provided further that the commissioner of education shall
be  immediately  authorized  and  directed to promulgate rules and regu-
lations and take any and all other actions necessary  to  implement  the
provisions of this act on such date.

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