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This entry was published on 2014-09-22
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SECTION 211-B
Consequences for consistent lack of improvement in academic performance
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 1
§ 211-b. Consequences for consistent lack of improvement in academic
performance. In addition to taking appropriate action pursuant to the
regulations of the commissioner and the requirements of federal law, the
following actions shall be taken to increase school and district
accountability for academic performance:

1. The regents shall expand the scope and improve the effectiveness of
the schools under registration review (SURR) process in the two thousand
seven--two thousand eight school year and thereafter, so as to ensure
that all schools that meet the criteria for identification as SURR shall
be so identified. The goal of such expansion shall be to identify as
SURR up to a total of five percent of the schools in the state within
four years, and to reorganize or restructure schools so identified in
cases where such action is appropriate.

2. The regents shall develop a plan for increased support and possible
intervention in schools in improvement, corrective action, or
restructuring status or in SURR status. Notwithstanding any provision of
law to the contrary, the regents shall establish a two-step process as
follows:

a. The appointment by the commissioner of a school quality review team
to assist any school in school improvement, corrective action,
restructuring status or SURR status in developing and implementing a
school improvement, corrective action, restructuring, or comprehensive
plan for the school. Such team may also conduct resource and program and
planning audits and examine the quality of curriculum, instructional
plans, and teaching in the schools, the learning opportunities and
support services available to students, and the organization and
operations of the school. After such review, the team shall provide
diagnostic recommendations for school improvement, which may include
administrative and operational improvements. The recommendation of such
team shall be advisory. The reasonable and necessary expenses incurred
in the performance of the team's official duties shall be a charge upon
the school district, or charter school, where applicable, that operates
the school.

b. The appointment by the commissioner of a joint school intervention
team, for schools in (i) restructuring status or (ii) SURR status that
have failed to demonstrate progress as specified in their corrective
action plan or comprehensive education plan. Administrators and
educators from the district or charter school where applicable must be
included on the team, as well as any distinguished educator appointed to
the district pursuant to section two hundred eleven-c of this part. Such
team shall assist the school district in developing, reviewing and
recommending plans for reorganizing or reconfiguring of such schools.
The recommendations of such team should be advisory. The reasonable and
necessary expenses incurred in the performance of the school
intervention team's official duties shall be a charge upon the school
district, or charter school where applicable, that operates the school.

3. A school district that has been identified as requiring academic
progress, as defined by 100.2(p)(7) of the commissioner's regulations,
or includes one or more schools under registration review, in need of
improvement, in corrective action or restructuring status shall be
required to submit a district improvement plan to the commissioner for
approval. In formulating the district improvement plan, the district
shall consider redirecting resources to programs and activities included
in the menu of options under subdivision three of section two hundred
eleven-d of this part in the schools so identified. If such options are
not adopted in the district improvement plan, the school district shall
provide the commissioner with an explanation of such decision which
shall be considered by the commissioner in determining whether to
approve such plan. The trustees or board of education shall hold a
public hearing before adoption of the district improvement plan and a
transcript of the testimony at such hearing shall be submitted to the
commissioner for review with the district improvement plan.

4. The commissioner shall develop a plan for intervention in schools
under restructuring or SURR status that fail to demonstrate progress on
established performance measures and may be targeted for closure. Such
plan shall specify criteria for school closure and include processes to
be followed, research based options, and alternatives and strategies to
reorganizing, restructuring or reconfiguring schools. Such plan shall be
developed with input from educators including, but not limited to,
administrators, teachers and individuals identified as distinguished
educators pursuant to section two hundred eleven-c of this part.

5. (a) The regents shall ensure that all school districts include in
any contract of employment, entered into, amended, or extended with a
superintendent of schools, community superintendent or deputy,
assistant, associate or other superintendent of schools who has been or
will be appointed for a fixed term, a provision requiring that such
contract specify that the superintendent shall be required to cooperate
fully with any distinguished educator appointed by the commissioner
pursuant to section two hundred eleven-c of this part.

(b) In the case of a superintendent of schools, community
superintendent or deputy, assistant, associate or other superintendent
of schools who is not appointed for a fixed term, the contract
provisions contained in paragraph (a) of this subdivision shall be
deemed to apply to such superintendent immediately.

(c) In the case of a charter school, the contract of employment of the
principal or headmaster or other chief school officer of the charter
school that is entered into, amended or extended shall also be required
to include the provisions contained in paragraph (a) of this
subdivision. In addition, such contract provisions shall be deemed to
apply immediately to any such person not appointed for a fixed term.