S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2167
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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.
              

                                                            LBD03616-01-7

 A. 2167                             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.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "parent empowerment pilot program".
   § 3. The education law is amended by adding a new section 3614 to read
 as follows:
   § 3614. 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. 2167                             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  CHARTER
 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. 2167                             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. 2167                             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. 2167                             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. 2167                             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.
   §  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.