S T A T E O F N E W Y O R K
________________________________________________________________________
6590
2013-2014 Regular Sessions
I N A S S E M B L Y
April 10, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the assessment of
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 43 to read as follows:
43. THE COMMISSIONER IN CONJUNCTION WITH A LOCAL SCHOOL DISTRICT MUST
CONDUCT AN ASSESSMENT OF ANY SCHOOL IDENTIFIED AS PERSISTENTLY LOWEST
ACHIEVING OR IS DEEMED A SCHOOL UNDER REGISTRATION REVIEW. THIS ASSESS-
MENT IS TO DETERMINE WHAT FACTORS CAUSED THE SCHOOL TO BE IDENTIFIED AS
PERSISTENTLY LOWEST ACHIEVING OR DEEMED A SCHOOL UNDER REGISTRATION
REVIEW, AS WELL AS IDENTIFIES CORRECTIVE MEASURES NEEDED. THE ASSESS-
MENT IS TO INCLUDE, BUT NOT BE LIMITED TO: A REVIEW OF STUDENT PLACEMENT
POLICIES SET BY THE LOCAL SCHOOL DISTRICT; STUDENT ENROLLMENT AND
PERCENTAGE OF ALL SUBGROUPS; DISTRICT RESOURCES; THE NUMBER OF ADMIS-
SIONS WITHIN THE YEAR; AND, PROFESSIONAL DEVELOPMENT PLANS AND THEIR
IMPLEMENTATION. THIS ASSESSMENT MUST BE DONE BEFORE IMPLEMENTATION OF
ANY OF THE TURNAROUND INTERVENTION MODELS AUTHORIZED UNDER REGULATION.
ANY ASSESSMENTS CONDUCTED PURSUANT TO THIS SECTION MUST BE USED TO EVAL-
UATE 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.
LBD10213-01-3
A. 6590 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 MUST
BE USED TO EVALUATE THE EFFECTIVENESS OF THE AFFECTED SUPERINTENDENTS
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 MUST 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 MUST 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.