A7501-2011 Actions

• Jan 4, 2012: referred to education
• May 6, 2011: referred to education

A7501-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7501
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 6, 2011
 
 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 42 to read as follows:

 42. 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.
 LBD11429-01-1
 
       A. 7501                             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.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!