senate Bill S4183

2013-2014 Legislative Session

Relates to intervention in chronically underperforming schools

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Mar 13, 2013 referred to higher education

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S4183 - Bill Details

See Assembly Version of this Bill:
A6480
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §211-f, Ed L

S4183 - Bill Texts

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Relates to intervention in chronically underperforming schools by establishing stages one, two, and three academic and/or fiscal at-risk status; requires such at-risk school districts to develop a plan to remove the district from such status; authorizes intervention in certain school districts.

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BILL NUMBER:S4183

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 and the Department's Elementary and Secondary
Education Act (ESEA) waiver application, that is 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 or a focus district
and/or has one or more schools identified as a persistently
lowest-achieving school or a school under registration review or a
focus or priority school 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 and/or a focus district for eight or more years and
has nine or more schools identified as persistently lowest-achieving
schools, schools under registration review or focus or priority
schools, 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/integrated
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/integrated 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. 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 four 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: The Regents Reform Agenda is
closely aligned with the school turnaround initiatives in the
Department's successful 2010 Race to the Top application, arid the
recently granted ESEA Waiver. The close alignment of this bill to the
elements of those reform initiatives provides another critical tool to
help New York achieve its goal of graduating students college and
career ready.

Consistent with current accountability frameworks and the Department's
ESEA waiver application, 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 country's
firm belief in the importance of local governance. While effective
school boards support and enhance staff instructional focus 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 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
oversight 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 and the Department's ESEA waiver application in
order to build the capacity of the board of education and its members
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: In 2011, this bill was introduced in the
Assembly as A.8319, referred to the Education Committee, and no
further action was taken. Subsequently, in 2012, this bill was
introduced in the Senate as S.6687 and reintroduced in the Assembly as
A.8319. Both bills were referred to the Education Committee and no
further action was taken.

Effective date: The bill would take effect immediately.

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

                                  4183

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

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 Higher 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 ACADEM-
IC  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 OR A FOCUS DISTRICT AND/OR A DISTRICT
WHICH HAS ONE OR MORE SCHOOLS IDENTIFIED AS  A  PERSISTENTLY  LOWEST-AC-
HIEVING SCHOOL, A SCHOOL UNDER REGISTRATION REVIEW OR A FOCUS OR PRIORI-
TY  SCHOOL;  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 AND/OR A FOCUS
DISTRICT FOR EIGHT OR MORE YEARS AND HAS NINE OR MORE SCHOOLS IDENTIFIED
AS  PERSISTENTLY  LOWEST-ACHIEVING  SCHOOLS,  SCHOOLS UNDER REGISTRATION
REVIEW OR FOCUS OR PRIORITY SCHOOLS, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08314-01-3

S. 4183                             2

  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
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 OR AN INTEGRATED 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 COMMISSIONER AT AN EXPENSE TO BE BORNE
BY THE DISTRICT. THE REASONABLE AND NECESSARY EXPENSES INCURRED  IN  THE
PERFORMANCE  OF  THE JOINT SCHOOL INTERVENTION TEAM OR INTEGRATED 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 IDEN-
TIFICATION OF A SCHOOL DISTRICT AS BEING IN STAGE  TWO  ACADEMIC  INTER-
VENTION  STATUS,  THE  COMMISSIONER MAY APPOINT A DISTINGUISHED EDUCATOR
PURSUANT TO SECTION TWO HUNDRED ELEVEN-C OF THIS ARTICLE  AND/OR,  WHERE
THE  DISTRICT  IS  IDENTIFIED  AS BEING IN STAGE TWO FISCAL INTERVENTION
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

S. 4183                             3

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.
  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  INDEPENDENT
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

S. 4183                             4

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
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 EDUCATION OVERSIGHT BOARD SHALL BE TERMINATED.
  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 APPOINTED EDUCATION OVERSIGHT BOARD SHOULD  BE  MODIFIED  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 ELIMINATED,  THE
COMMISSIONER  SHALL  ORDER  THAT A SPECIAL ELECTION BE HELD AND WHEN ALL
SUCH NEWLY ELECTED BOARD MEMBERS TAKE OFFICE,  THE  EDUCATION  OVERSIGHT
BOARD SHALL BE TERMINATED.
  G.  FOR  PURPOSES  OF  THIS  SECTION,  "SCHOOL  DISTRICT" SHALL MEAN A
COMMON,  UNION  FREE,  CENTRAL,  CENTRAL  HIGH  SCHOOL  OR  CITY  SCHOOL

S. 4183                             5

DISTRICT,  OTHER  THAN  A  CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE.
  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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