Enacts the "education reform act of 2010".
BILL NUMBER:A9219
TITLE OF BILL: An act to amend the education law, in relation to authorizing boards of cooperative educational services to contract with charter schools; to clarifying that five-year charters for charter schools comprise five instructional years; to removing the cap on the total number of charter schools in the state and eliminating the reservation of charter schools for the New York city school district; to allowing charter schools to operate at more than one site; to authorizing the provision of facilities aid to charter schools; to expanding the pupil admission preference in charter schools; and to authorizing charter schools to operate pre-kindergarten programs (Part A); to amend the education law, in relation to mandating an immediate review of science, technology, engineering and mathematics regents standards and establishing standards that are globally competitive (Part B); to amend the education law, in relation to increasing the length of the evaluation period of teacher candidates to receive tenure recommendation from 3 years to 6 years; to providing for public disclosure of school district budgets; to requiring high school teachers to possess an undergraduate or graduate degree in the field in which they teach and to pass the regents examination in that field; to amend the education law, in relation to shifting the costs associated with the schools under registration review (SURR) process from the school to the department of education and creating an improvement incentive fund for schools under registration review; to establishing a more stringent and comprehensive school evaluation system for grading public schools and universities within the state; and to establishing an educational data warehouse (Part C); and to amend the education law, in relation to providing for alternate routes of teacher certification; to increasing the length of the school year and school day; to establishing an incentive system for schools and teachers; and to providing the option of alternate assessment as a manner of earning units of credit (Part D)
PURPOSE OR GENERAL IDEA OF BILL: The legislature hereby finds and declares that New Yorks public education system requires comprehensive reform beginning with pre-kindergarten through high graduation. Establishing rigorous standards and accountability across the spectrum of schools will allow our state to drastically improve our economy by creating educated citizens more capable of contributing effectively and dynamically to the workforce of the 21s1 century. New York also must be competitive to secure federal education funding through the Race to the Top program to implement reform and assist in confronting the state's worsening fiscal condition.
New York should strive to improve, compete, and enhance our economic standing; we need to compete effectively for the Race to the Top Funding and use it to implement the below reforms.
SUMMARY OF SPECIFIC PROVISIONS: Charter Schools
Section 3 (Part A-subdivision 9) of the bill amends section 2852(9) of the education law to eliminate the cap on charter schools.
Section 7 (Part A, paragraph b)of the bill amends section 2854(2) of the education law to permit an expanded admission preference to students residing in school districts or community school districts contiguous to the district in which the charter school is located.
Section 5 (Part A, paragraph b-1) of the bill amends section 2853(1) of the education law to allow a charter school to house the same grade at more than one site.
Section 8 thru 11 (Part A) of the bill amends sections 2854(2), 2856(1) and 3602-e of the education law to authorize charter schools to operate pre-kindergarten programs.
Section 1 (Part A, paragragh-2) of the bill amends section 1950(4) of the education law to authorize boards of cooperative educational services (BOCES) to contract with charter schools directly.
Section 9 (Part A, paragraph d and e) amends section 2856(1) of the education law to provide facility aid to charter schools paid directly by the state equal to 15 percent of the tuition level of the charter school pupils' resident school district.
Section 2 and 4 (Part A) of the bill amends sections 2851(2) and 2853(1) of the education law to clarify that a maximum five-year term of a charter comprises five years in which the charter school is operating and providing instruction is provided to students in the charter school.
Improving Standards & Assessment
Section 6 (Part C)of the bill requires the board of regents to revise the state's learning standards and assessments to meet similar grade level standard of rigor as the National Assessment for Educational Progress (NAEP).
Section 10 (Part C, 211-b) of the bill requires the commissioner of education to publish comprehensive data from state assessments prior to the subsequent school year.
Section 15 (Part d) of the bill requires the board of regents to amend high school graduation requirements to allow for students the option of demonstrating mastery of coursework through successfully passing a state exam in lieu of having to remain in class for the entirety of the school year.
Section 8 and 9 (Part D) of the bill extends the school year to 200 days by 2010.
Section 2 (Part B) of the bill directs the board of regents to encourage and expand the provision of science, technology, engineering and mathematics (STEM) instruction in pre-kindergarten through twelfth grade, including, but not limited to, Support for local, regional and statewide
networks designed to link lower education, higher education and industry to foster collaboration and partnerships.
*Create alternate routes to math and science teacher certification to expand the pool of qualified STEM teachers. Expand STEM opportunities in career and technical education schools;
*Provide incentives to create local or regional dedicated STEM schools by individual or multiple school districts;
*Alter seat time requirements to encourage STEM-related internships, apprenticeships, and other hands-on STEM learning experiences;
*Enable STEM industry professionals to provide classroom instruction in school and industry settings;
*Allow open-source STEM curriculum; and
*Identify, re-assess, and effectively target existing STEM related resources in support of state and local STEM goals.
Improving and Expanding Teaching
Section 2 (Part C) of the bill increases from three the six years the period in which teachers may be considered for tenure.
Section 1 (Part C) of the bill requires high school teachers to a minimum of an undergraduate degree in the subject in which they teach, and to pass any regents examination in the subject(s) they teach.
Section 3 (Part C) of the bill immediately repeals section 3012-b of the education law which bans the use of student performance data for making decisions on granting tenure.
Section 3 (Part D) of the bill provides for additional educational organizations to be authorized to directly certify teachers and principals.
Section 4 (Part D) of the bill provides for alternative credentialing of teachers in lieu of state certification, including at least three years of elementary, middle or secondary classroom teaching experience; tenured or tenure track college faculty; individuals with two years of satisfactory experience through the Teach for America program; and individuals who possess exceptional business, professional, artistic, athletic, or military experience.
Section 6 (Part D) of the bill directs the board of regents to develop and recommend a program to encourage school districts and charter schools to provide performance bonuses to teachers, principals and superintendents.
Additional Accountability Measures
Section 4 (Part C) of the bill requires school districts to disclose, including on the Internet, financial information including, but not limited to, annual budgets, construction plans and collective bargaining details, out-year expenses.
Section 5 (Part C) of the bill directs the board of regents to develop a letter grade system for public schools to include but not be limited to academic performance and progress, school safety measures, parent satisfaction, student and staff absenteeism, and teacher qualifications.
Section 7 (Part C), page 25 and page 26 of the bill provides for the board of regents to financial incentives to reward district and charter schools for making improvements in student performance asures on state examinations and high school graduation rates, including, but not limited to completing required restructuring, registration review, and raising student cohort outcomes by a certain percentage, and other criteria.
JUSTIFICATION: New York State faces unprecedented educational and fiscal challenges that require unprecedented reform measures contained in this bill. Adoption of these measures to ensure more rigorous accountability, strengthen teacher quality, provide school financial incentives, and expand charter schools will improve the quality of public education in New York by raising student academic achievement.
Adoption of these measures also will improve New York's competitive standing to secure additional federal funding, which could amount to hundreds of millions of dollars from the U.S. Department of Education's $4.35 billion Race to the Top program - a key component of President Barack Obama's education agenda to encourage states to improve their education systems for students to compete worldwide in the 21st Century.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: This bill would impact the state financial plan by up to proximately $50 to $75 million to finance charter school facilities funding, state incentive grants to district and charter schools, and personnel to develop revised standards and program requirements directed by the bill. Some of the fiscal impact could be offset by Federal funds through the Race To The Top (RTTP) program under the U.S. Dept. of Education.
EFFECTIVE DATE: July 1, 2010
STATE OF NEW YORK ________________________________________________________________________ 9219 2009-2010 Regular Sessions IN ASSEMBLY October 28, 2009 ___________Introduced by M. of A. HOYT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to authorizing boards of cooperative educational services to contract with charter schools; to clarifying that five-year charters for charter schools comprise five instructional years; to removing the cap on the total number of char- ter schools in the state and eliminating the reservation of charter schools for the New York city school district; to allowing charter schools to operate at more than one site; to authorizing the provision of facilities aid to charter schools; to expanding the pupil admission preference in charter schools; and to authorizing charter schools to operate pre-kindergarten programs (Part A); to amend the education law, in relation to mandating an immediate review of science, technol- ogy, engineering and mathematics regents standards and establishing standards that are globally competitive (Part B); to amend the educa- tion law, in relation to increasing the length of the evaluation peri- od of teacher candidates to receive tenure recommendation from 3 years to 6 years; to providing for public disclosure of school district budgets; to requiring high school teachers to possess an undergraduate or graduate degree in the field in which they teach and to pass the regents examination in that field; to amend the education law, in relation to shifting the costs associated with the schools under registration review (SURR) process from the school to the department of education and creating an improvement incentive fund for schools under registration review; to establishing a more stringent and comprehensive school evaluation system for grading public schools and universities within the state; and to establishing an educational data warehouse (Part C); and to amend the education law, in relation to providing for alternate routes of teacher certification; to increasing the length of the school year and school day; to establishing an incentive system for schools and teachers; and to providing the option of alternate assessment as a manner of earning units of credit (Part D) EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14897-02-9 A. 9219 2 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation relating to the reformation of state educational standards. Each compo- nent is wholly contained within a Part identified as Parts A through D. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section six of this act sets forth the general effective date of this act. S 2. This act shall be known and may be cited as the "education reform act of 2010". S 3. Legislative intent. The New York state public education system, from pre-kindergarten through university, is in need of systematic reformation. Demanding and rigorous standards and accountability across the spectrum of schools will allow our state to become an educational leader in the twenty-first century and will drastically improve our economy by creating educated citizens more capable of contributing effectively and dynamically to the workforce. Additionally, such refor- mation will allow New York state to qualify as a serious competitor for the federal government's education stimulus monies, the Race to the Top funds. At a moment in our state's history where we face the worst budget crisis to date, we should strive to improve, compete, and enhance our economic standing; we need to compete effectively for the Race to the Top Funding and use it to implement the below reforms. Therefore, it is in the public interest to implement changes to the public education system that will enable New York and it citizens to accomplish these goals. PART A Section 1. Subparagraph 2 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows: (2) To enter into contracts with the United States of America, the State of New York, any school district, community college, public insti- tution of higher education, independent institution of higher education eligible for aid under section sixty-four hundred one of this chapter, CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER, or public agency in relation to the program of the board of cooperative educational services, and any such school district, community college, institution of higher education, CHARTER SCHOOL, or public agency is hereby authorized and empowered to do and perform any and all acts necessary or convenient in relation to the performance of any such contracts. S 2. Paragraph (p) of subdivision 2 of section 2851 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (p) The term of the proposed charter, which shall not exceed five years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS.A. 9219 3
S 3. Subdivision 9 of section 2852 of the education law, as amended by section 2 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows: 9.[The]THERE SHALL BE NO LIMIT ON THE total number of charters issued pursuant to this article[shall not exceed two hundred. One hundred of such charters shall be issued on the recommendation of the charter entity described in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of this article, and one hundred of such charters shall be issued on the recommendation of the other charter entities set forth in subdivision three of section twenty-eight hundred fifty-one of this article, provided that up to fifty of the additional charters authorized to be issued by the chapter of the laws of two thousand seven which amended this subdivision effective July first, two thousand seven shall be reserved for a city school district of a city having a population of one million or more]. The failure of any body to issue the regulations authorized pursuant to this article shall not[effect]AFFECT the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter.[A conversion of an existing public school to a charter school or the renewal or extension of a charter shall not be counted toward the numerical limits established by this subdivision.]S 4. Paragraph (a) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (a) Upon the approval of a charter by the board of regents, the board of regents shall incorporate the charter school as an education corpo- ration for a term not to exceed five years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS. Such certificate of incorporation shall not modify or limit any terms of the charter approved by the board of regents. Upon approval of an application to renew a charter, the board of regents shall extend the certificate of incorporation for a term not to exceed five years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS. Upon termi- nation or nonrenewal of the charter of a charter school pursuant to section twenty-eight hundred fifty-five of this article, the certificate of incorporation of the charter school shall be revoked by the board of regents pursuant to section two hundred nineteen of this chapter, provided that compliance with the notice and hearing requirements of such section twenty-eight hundred fifty-five of this article shall be deemed to satisfy the notice and hearing requirements of such section two hundred nineteen. It shall be the duty of the trustees of the char- ter school to obtain federal tax-exempt status no later than one year following approval of a charter school by the board of regents. For purposes of this article, "certificate of incorporation" shall mean the provisional charter issued by the board of regents to form the charter school as an educational corporation pursuant to sections two hundred sixteen and two hundred seventeen of this chapter. S 5. Paragraph (b-1) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (b-1) An education corporation operating a charter school shall not be authorized to operate more than one school[or]BUT MAY BE AUTHORIZED TO house any grade at more than one site[, provided that: (A) a]. A CHARTER SCHOOL HOUSING ANY GRADE AT MORE THAN ONE SITE SHALL HAVE EACH SUCH ADDITIONAL SITE DEEMED AS A CHARTER ISSUED FOR THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AA. 9219 4
CHARTER ENTITY MAY APPROVE A REVISION TO A CHARTER OR CHARTERS IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE TO AUTHORIZE AN EDUCATION CORPORATION TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUD- ING THE DISSOLUTION AND CONSOLIDATION OF EXISTING EDUCATION CORPORATIONS OPERATING CHARTER SCHOOLS TO A SINGLE EDUCATION CORPORATION. IF A CHAR- TER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER SCHOOL WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION, EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS OF THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSITIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION. A charter school may operate in more than one building at a single site;[and (B)]a charter school which provides instruction to its students at different locations for a portion of their school day shall be deemed to be operating at a single site; AND A CHARTER SCHOOL OPERATING AT MORE THAN ONE SITE BUT WHICH HOUSES EACH GRADE AT A SINGLE SITE SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE. S 6. Paragraph (c) of subdivision 4 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (c) A charter school may contract with a school district or the governing body of a public college or university for the use of a school building and grounds, INCLUDING the operation and maintenance thereof. Any such contract shall provide such services or facilities at cost, PROVIDED THAT A SCHOOL DISTRICT AND A CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT FOR SUCH CHARTER SCHOOL TO PAY UP TO THE AMOUNT PROVIDED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE FOR THE USE OF SUCH FACILITIES. S 7. Paragraph (b) of subdivision 2 of section 2854 of the education law, as amended by section 5 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows: (b) Any child who is qualified under the laws of this state for admis- sion to a public school is qualified for admission to a charter school. The school shall enroll each eligible student who submits a timely application by the first day of April each year, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, that an enrollment preference shall be provided to pupils returning to the charter school in the second or any subsequent year of operation and pupils residing in the school district in which the charter school is located, and siblings of pupils already enrolled in the charter school; PROVIDED, HOWEVER, THAT A CHARTER SCHOOL MAY ESTABLISH AN ENROLLMENT PREFERENCE FOR PUPILS RESID- ING IN SCHOOL DISTRICTS CONTIGUOUS TO THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED IN THE SAME MANNER TO SUCH ENROLLMENT PREFER- ENCE FOR PUPILS RESIDING IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED. For the purposes of this paragraph and paragraph (a) of this subdivision, the school district in which the charter school is located shall mean, for the city school district of the city of New York, the community district in which the charter school is located. S 8. Paragraph (c) of subdivision 2 of section 2854 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows:A. 9219 5
(c) A charter school shall serve one or more of the grades[one]KINDERGARTEN through twelve, and shall limit admission to pupils within the grade levels served. Nothing herein shall prohibit a charter school from establishing a[kindergarten]PRE-KINDERGARTEN program, PROVIDED HOWEVER, THAT THE STUDENTS ENROLLED IN SUCH PRE-KINDERGARTEN PROGRAM SHALL NOT BE INCLUDED IN THE ENROLLMENT FOR PURPOSES OF PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE; AND PROVIDED FURTHER, HOWEVER, THAT SUCH PRE-KINDERGARTEN PROGRAM SHALL BE ELIGIBLE FOR FUNDING IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE. S 9. Subdivision 1 of section 2856 of the education law is amended by adding two new paragraphs (d) and (e) to read as follows: (D) THE COMMISSIONER SHALL PAY EACH CHARTER SCHOOL OPERATING A PRE-KINDERGARTEN PROGRAM A GRANT AMOUNT IN PROPORTION TO THE AMOUNT COMPUTED FOR THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED PURSUANT TO SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAPTER BASED ON THE PROJECTED NUMBER OF PRE-KINDERGARTEN PUPILS TO BE SERVED BY THE CHARTER SCHOOL. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLATURE FOR THE SUPPORT OF PUBLIC SCHOOLS. AMOUNTS PAYABLE TO A CHARTER SCHOOL IN ITS FIRST YEAR OF OPERATION OF A PRE-KINDERGARTEN PROGRAM SHALL BE BASED ON THE PROJECTIONS OF INITIAL-YEAR ENROLLMENT SET FORTH IN THE CHARTER UNTIL ACTUAL ENROLLMENT DATA IS REPORTED TO THE COMMISSIONER BY THE CHARTER SCHOOL. SUCH PROJECTIONS SHALL BE RECONCILED WITH THE ACTUAL ENROLLMENT AS ACTUAL ENROLLMENT DATA IS SO REPORTED AND AT THE END OF THE SCHOOL'S FIRST YEAR OF OPERATION AND EACH SUBSEQUENT YEAR BASED ON A FINAL REPORT OF ACTUAL ENROLLMENT BY THE CHARTER SCHOOL, AND ANY NECES- SARY ADJUSTMENTS RESULTING FROM SUCH FINAL REPORT SHALL BE MADE TO PAYMENTS DURING THE SCHOOL'S FOLLOWING YEAR OF OPERATION. (E) AN AMOUNT EQUAL TO FIFTEEN PER CENTUM OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PAID BY THE COMMISSIONER DIRECTLY TO EACH CHARTER SCHOOL RECEIVING PAYMENTS IN ACCORDANCE WITH SUCH PARAGRAPH. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALL- MENTS EACH YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLA- TURE FOR THE SUPPORT OF PUBLIC SCHOOLS. S 10. Subdivision 1 of section 2856 of the education law, as separate- ly amended by chapter 4 of the laws of 1998 and section 12 of part A of chapter 57 of the laws of 2009, is amended to read as follows: 1. (A) The enrollment of students attending charter schools shall be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with disabili- ties to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district an amount equal to one hundred percent of the amount calculated pursuant to paragraph f of subdivision one of section thirty six hundred two of this chapter for the schoolA. 9219 6
district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to subdivision eleven of section thirty six hundred two of this chapter from two years prior to the base year to the base year; provided, howev- er, that for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year. The school district shall also pay directly to the charter school any federal or state aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides directly or indirectly. Notwithstanding anything in this section to the contrary, amounts payable pursuant to this subdivision may be reduced pursuant to an agreement between the school and the char- ter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district in six substantially equal installments each year beginning on the first business day of July and every two months thereafter. Amounts payable under this subdivision shall be determined by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter. Such projections shall be reconciled with the actual enrollment at the end of the school's first year of operation, and any necessary adjustments shall be made to payments during the school's second year of operation. (B) THE COMMISSIONER SHALL PAY EACH CHARTER SCHOOL OPERATING A PRE-KINDERGARTEN PROGRAM A GRANT AMOUNT IN PROPORTION TO THE AMOUNT COMPUTED FOR THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED PURSUANT TO SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAPTER BASED ON THE PROJECTED NUMBER OF PRE-KINDERGARTEN PUPILS TO BE SERVED BY THE CHARTER SCHOOL. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLATURE FOR THE SUPPORT OF PUBLIC SCHOOLS. AMOUNTS PAYABLE TO A CHARTER SCHOOL IN ITS FIRST YEAR OF OPERATION OF A PRE-KINDERGARTEN PROGRAM SHALL BE BASED ON THE PROJECTIONS OF INITIAL-YEAR ENROLLMENT SET FORTH IN THE CHARTER UNTIL ACTUAL ENROLLMENT DATA IS REPORTED TO THE COMMISSIONER BY THE CHARTER SCHOOL. SUCH PROJECTIONS SHALL BE RECONCILED WITH THE ACTUAL ENROLLMENT AS ACTUAL ENROLLMENT DATA IS SO REPORTED AND AT THE END OF THE SCHOOL'S FIRST YEAR OF OPERATION AND EACH SUBSEQUENT YEAR BASED ON A FINAL REPORT OF ACTUAL ENROLLMENT BY THE CHARTER SCHOOL, AND ANY NECES- SARY ADJUSTMENTS RESULTING FROM SUCH FINAL REPORT SHALL BE MADE TO PAYMENTS DURING THE SCHOOL'S FOLLOWING YEAR OF OPERATION. (C) AN AMOUNT EQUAL TO FIFTEEN PER CENTUM OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PAID BY THE COMMISSIONER DIRECTLY TO EACH CHARTER SCHOOL RECEIVING PAYMENTS IN ACCORDANCE WITH SUCH PARAGRAPH. PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALL- MENTS EACH YEAR BEGINNING ON THE FIRST BUSINESS DAY OF JULY AND EVERY TWO MONTHS THEREAFTER. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE COMMISSIONER FROM MONEYS APPROPRIATED BY THE STATE LEGISLA- TURE FOR THE SUPPORT OF PUBLIC SCHOOLS. S 11. Paragraph a of subdivision 9 of section 3602-e of the education law, as amended by section 21 of part B of chapter 57 of the laws of 2008, is amended to read as follows:A. 9219 7
a. Each year, the commissioner shall determine the maximum allocation that each district AND CHARTER SCHOOL would be eligible to receive pursuant to this section in the following school year based on pupil data on file with the commissioner on a date prescribed by the commis- sioner, and applying the formula specified in subdivision ten of this section. No later than April thirtieth of the base year, the commission- er shall notify districts AND CHARTER SCHOOLS of the maximum allocations they may be eligible for pursuant to this section in the following school year, and such maximum allocations shall be deemed final and not subject to change thereafter, EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAP- TER. S 12. Subdivision 1 of section 3602-e of the education law is amended by adding a new paragraph a-1 to read as follows: A-1. "CHARTER SCHOOL" SHALL MEAN A SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, APPROVAL OF PRE-KINDERGARTEN PROGRAMS OPERATED BY A CHARTER SCHOOL SHALL BE MADE IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. S 13. This act shall take effect April 1, 2010; provided that the amendments to subdivision 1 of section 2856 of the education law made by section nine of this act shall be subject to the expiration and rever- sion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section ten of this act shall take effect. PART B Section 1. Section 211 of the education law, as added by section 1 of part A of chapter 57 of the laws of 2007, is amended to read as follows: S 211. Review of regents learning standards. 1. The regents shall periodically review and evaluate the existing regents learning standards to determine if they should be strengthened, modified or combined so as to provide adequate opportunity for students to acquire the skills and knowledge they need to succeed in employment or postsecondary education and to function productively as civic participants upon graduation from high school. Such review and evaluation shall be conducted upon a sched- ule adopted by the regents, provided that a review and evaluation of the English language arts standards shall be completed as soon as possible, but no later than the end of the two thousand seven--two thousand eight school year AND PROVIDED FURTHER THAT A REVIEW AND EVALUATION OF THE SCIENCE, TECHNOLOGY, ENGINEERING AND MATH STANDARDS SHALL BE COMPLETED AS SOON AS POSSIBLE, BUT NO LATER THAN THE END OF THE TWO THOUSAND TEN- -TWO THOUSAND ELEVEN SCHOOL YEAR. 2. In conducting such reviews, the regents shall seek the recommenda- tions of teachers, school administrators, teacher educators and others with educational expertise on improvements to the standards so that they ensure that students are prepared, in appropriate progression, for post- secondary education or employment. 3. IN CONDUCTING REVIEWS AND EVALUATIONS OF THE SCIENCE, TECHNOLOGY, ENGINEERING AND MATH STANDARDS, THE REGENTS SHALL REVIEW INTERNATIONAL STANDARDS FOR SCIENCE, TECHNOLOGY, ENGINEERING AND MATH AND SHALL ENSURE THAT APPROPRIATE REGENTS STANDARDS ARE SUFFICIENTLY STRINGENT TO PROMOTE STUDENT ACHIEVEMENT AND PREPARATION FOR GLOBAL COMPETITIVENESS. S 2. The education law is amended by adding a new section 309-b to read as follows:A. 9219 8
S 309-B. SCIENCE, TECHNOLOGY, ENGINEERING AND MATH STANDARDS. 1. THE COMMISSIONER AND THE BOARD OF REGENTS ARE AUTHORIZED AND DIRECTED TO ESTABLISH AND IMPLEMENT PROGRAMS, RULES AND REGULATIONS FOR A STATE-WIDE SYSTEM DESIGNED TO ENHANCE AND EXPAND THE PROVISION OF SCIENCE, TECHNOL- OGY, ENGINEERING AND MATH (STEM) EDUCATION IN PRE-KINDERGARTEN THROUGH TWELFTH GRADE. IN SO DOING, THE COMMISSIONER AND THE BOARD OF REGENTS SHALL FOLLOW INTERNATIONALLY-BENCHMARKED STANDARDS AND ASSESSMENTS AS PRESCRIBED BY THE FEDERAL DEPARTMENT OF EDUCATION. FUNDING FROM STATE, FEDERAL, AND PHILANTHROPIC RESOURCES THAT IS OR MAY BE TARGETED TO STEM EDUCATION SHALL BE ALLOCATED IN A MANNER THAT IS CONSISTENT WITH THE INTERNATIONALLY-BENCHMARKED STANDARDS AND ASSESSMENTS. 2. PROGRAMS AND POLICIES THAT THE DEPARTMENT AND THE BOARD OF REGENTS SHALL CONSIDER IN DEVISING ENHANCED STEM EDUCATION OPPORTUNITIES SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: A. SUPPORT FOR LOCAL, REGIONAL AND STATEWIDE NETWORKS DESIGNED TO LINK LOWER EDUCATION, HIGHER EDUCATION AND INDUSTRY TO FOSTER COLLABORATION AND PARTNERSHIPS; B. THE CREATION OF ALTERNATE ROUTES TO MATH AND SCIENCE TEACHER CERTIFICATION TO EXPAND THE POOL OF QUALIFIED STEM TEACHERS; C. EXPANDED STEM OPPORTUNITIES IN CAREER AND TECHNICAL EDUCATION SCHOOLS; D. INCENTIVES TO PROMOTE THE CREATION OF LOCAL OR REGIONAL DEDICATED STEM SCHOOLS BY INDIVIDUAL OR MULTIPLE SCHOOL DISTRICTS; E. ALTERED STUDENT SEAT TIME REQUIREMENTS TO ENCOURAGE STEM-RELATED INTERNSHIPS, APPRENTICESHIPS, WORK-STUDY PROGRAMS AND OTHER HANDS-ON STEM LEARNING EXPERIENCES; F. AFFORDING STEM INDUSTRY PROFESSIONALS THE OPPORTUNITY TO PROVIDE CLASSROOM INSTRUCTION IN SCHOOL AND INDUSTRY SETTINGS; G. ALLOWING OPEN-SOURCE STEM CURRICULUM AND SUPPORT SERVICES; AND H. IDENTIFICATION, RE-ASSESSMENT, AND EFFECTIVE TARGETING OF EXISTING STEM-RELATED RESOURCES IN SUPPORT OF STATE AND LOCAL STEM GOALS. S 3. The commissioner, or his or her designee, shall, on or before July 1, 2011, report to the governor and the legislature regarding the results of the board of regents' review of the current standards for science, technology, engineering and math standards, together with the department of education's findings, conclusions, recommendations and progress regarding the implementation of internationally bench-marked standards for science, technology, engineering and math standards. The report shall include a summary of 2009 state standards and of 2009 student achievement as measured by both federal and state standardized testing, and a summary of 2009 international student achievement, as measured by federal standardized testing. The commissioner shall submit with the report such legislative proposals as he or she deems necessary to fully implement internationally benchmarked standards for science, technology, engineering and math standards within the state educational curriculum. S 4. This act shall take effect April 1, 2010. PART C Section 1. Section 3004 of the education law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL PERSONS APPLYING, ON OR AFTER APRIL FIRST, TWO THOUSAND TEN, FOR A CERTIFICATE OR LICENSE TO BE A TEACHER OF SUBJECTS IN THE CORE AREAS OF SCIENCE, MATHEMATICS, ENGLISHA. 9219 9
AND HISTORY FOR GRADES NINE THROUGH TWELVE SHALL, IN ADDITION TO ALL THE OTHER CERTIFICATION OR LICENSURE REQUIREMENTS, HAVE OBTAINED AN UNDER- GRADUATE OR GRADUATE DEGREE IN THE SUBJECT HE OR SHE SEEKS TO TEACH AND SHALL HAVE PASSED THE REGENTS EXAMINATION FOR THE SUBJECT HE OR SHE SEEKS TO TEACH WITHIN TWO YEARS PRIOR TO APPLYING FOR THE CERTIFICATE OR LICENSE. EACH APPLICANT SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT HE OR SHE HAS COMPLETED THE REQUIRED COURSE WORK AND HAS TAKEN AND PASSED THE REGENTS EXAMINATION. S 2. Paragraphs (a) and (b) of subdivision 1 of section 3012 of the education law, paragraph (a) as amended by chapter 737 of the laws of 1992 and paragraph (b) as amended by chapter 442 of the laws of 1980, is amended to read as follows: (a) Teachers and all other members of the teaching staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent of schools, for a probationary period of[three]SIX years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capac- ity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the probationary period shall be limited to[one year]FOUR YEARS; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a of this chapter, the probationary period shall not exceed[two]FIVE years. The service of a person appointed to any of such positions may be discontin- ued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district. (b) Principals, administrators, supervisors and all other members of the supervising staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, shall be appointed by the board of education, or the trustees of a common school district, upon the recom- mendation of the superintendent of schools for a probationary period of[three]SIX years. The service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district. S 3. Subdivision 1 of section 3012-b of the education law, as amended by section 1 of part C of chapter 57 of the laws of 2008, is amended to read as follows: 1. The regents shall promulgate rules establishing minimum standards for tenure determinations for teachers of all school districts and boards of cooperative educational services whose probationary period commences on or after July first, two thousand eight. Such rules shall require a superintendent of schools or district superintendent of schools, prior to recommending tenure, to evaluate all relevant factors, including the candidate's effectiveness over the applicable probationary period, or over[three]SIX years in the case of a regular substituteA. 9219 10
with a one-year probationary period, in contributing to the successful academic performance of his or her students, using a process that complies with subdivision two of this section. S 4. Paragraph a of subdivision 2 of section 3012-b of the education law, as amended by section 1 of part C of chapter 57 of the laws of 2008, is amended to read as follows: a. evaluation of the extent to which the teacher successfully utilized analysis of available student performance data and other relevant infor- mation when providing instruction[but the teacher shall not be granted or denied tenure based on student performance data]; S 5. The education law is amended by adding a new section 3613 to read as follows: S 3613. DISTRICT BUDGET DISCLOSURE. 1. NO LATER THAN JULY FIRST OF EACH SCHOOL YEAR, EVERY SCHOOL DISTRICT ENTITLED TO APPORTIONMENT PURSU- ANT TO THE PROVISIONS OF THIS PART SHALL DISCLOSE ON ITS WEBSITE THE FULL COSTS OF THE DISTRICT'S BUDGET FOR THE SCHOOL YEAR COMMENCING ON JULY FIRST OF THAT YEAR, AS APPROVED BY THE DEPARTMENT, INCLUDING THE COSTS OF PHYSICAL PLANT MAINTENANCE AND IMPROVEMENTS, CONSTRUCTION PLANS AND COLLECTIVE BARGAINING AGREEMENTS. THE DISCLOSURE SHALL: A. SPECIFY THE ALLOCATION OF MONIES FOR EACH SCHOOL WITHIN THE DISTRICT; B. INCLUDE THE COSTS AND A DESCRIPTION OF ANY INTER-DISTRICT AGREE- MENTS, INCLUDING COSTS ASSOCIATED WITH BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AGREEMENTS; AND C. INCLUDE THE COSTS AND A DESCRIPTION OF ANY MULTIPLE YEAR CONTRACTS AND DESCRIBE IN FULL ANY OUT-YEAR BUDGETING OF ALL COSTS AND EXPENSES. 2. UPON REQUEST, THE DISTRICT SHALL MAKE THE DISCLOSURE INFORMATION AVAILABLE IN WRITTEN FORMAT. S 6. Subdivision 39 of section 305 of the education law, as amended by section 3 of part A of chapter 57 of the laws of 2008, is amended and three new subdivisions 42, 43 and 44 are added to read as follows: 39. The commissioner shall develop a school leadership report card and a separate school progress report card to assist boards of education, the state and the public in assessing the performance of school leaders, including superintendents of schools and building principals, and the schools that they lead. The report cards shall include an assessment of the school's progress in achieving standards of excellence. By January first, two thousand nine, the commissioner shall develop such standards of excellence which shall include, but not be limited to, parent involvement, curriculum, teacher quality, and accountability measures as set forth in section two hundred eleven-a of this title. The commission- er shall promulgate regulations requiring the trustees or boards of education of every common, union free, central, central high school and city school district, and the chancellor of a city school district in a city of one million or more inhabitants, to attach copies of such report cards to the statement of estimated expenditures pursuant to section sixteen hundred eight or seventeen hundred sixteen of this chapter, where applicable, and to otherwise make the report cards publicly avail- able in the same manner as a school district report card WITHIN THIRTY DAYS OF THE DATE UPON WHICH THE DEPARTMENT PROVIDES THE REPORT CARD TO THE DISTRICT. 42. THE REGENTS SHALL ESTABLISH PERFORMANCE MEASURES AND SET PERFORM- ANCE STANDARDS FOR INDIVIDUAL PUBLIC SCHOOLS AND COMMUNITY COLLEGES, WITH MEASURES AND STANDARDS BASED PRIMARILY ON STUDENT ACHIEVEMENT. THE REGENTS AND THE CHANCELLOR OF THE STATE UNIVERSITY SYSTEM SHALL ESTAB-A. 9219 11
LISH SYSTEM-WIDE PERFORMANCE MEASURES AND SET PERFORMANCE STANDARDS FOR INDIVIDUAL STATE UNIVERSITIES, INCLUDING ACTUAL COMPLETION RATES. 43. THE REGENTS AND THE CHANCELLOR OF THE STATE UNIVERSITY SYSTEM SHALL ESTABLISH SYSTEM-WIDE MEASURES AND STANDARDS TO PROVIDE STATE RESIDENTS WITH INFORMATION ON WHAT THE PUBLIC IS RECEIVING IN RETURN FOR THE FUNDS IT INVESTS IN EDUCATION AND HOW WELL THE STATE EDUCATIONAL SYSTEM EDUCATES ITS STUDENTS. 44. THE COMMISSIONER SHALL IMPLEMENT AND MAINTAIN A SYSTEM OF DATA COLLECTION AND ANALYSIS THAT WILL IMPROVE INFORMATION ABOUT THE EDUCA- TIONAL SUCCESS OF INDIVIDUAL STUDENTS AND SCHOOLS, INCLUDING SCHOOLS OPERATING FOR THE PURPOSE OF PROVIDING EDUCATIONAL SERVICES TO YOUTH IN DEPARTMENT OF JUVENILE JUSTICE PROGRAMS. THE INFORMATION AND ANALYSES MUST BE CAPABLE OF IDENTIFYING EDUCATIONAL PROGRAMS OR ACTIVITIES IN NEED OF IMPROVEMENT, AND REPORTS PREPARED PURSUANT TO THIS SUBDIVISION SHALL BE DISTRIBUTED TO THE APPROPRIATE DISTRICT SCHOOL BOARDS PRIOR TO DISTRIBUTION TO THE GENERAL PUBLIC. S 7. Section 211-a of the education law, as added by section 1 of part A of chapter 57 of the laws of 2007, is amended to read as follows: S 211-a. Enhanced state accountability system. To more fully implement the requirements of section one thousand one hundred eleven of the elementary and secondary education act of nineteen hundred sixty-five, as amended, and the federal regulations implementing such statute, the regents shall develop and implement an enhanced state accountability system that uses growth measures to the extent required by this section. THE GOAL OF THE ACCOUNTABILITY SYSTEM SHALL BE TO INCREASE THE PROFI- CIENCY OF ALL STUDENTS WITHIN ONE SEAMLESS, EFFICIENT SYSTEM, BY ALLOW- ING THEM THE OPPORTUNITY TO EXPAND THEIR KNOWLEDGE AND SKILLS THROUGH LEARNING OPPORTUNITIES AND RESEARCH, AND TO ENSURE THAT NEW YORK STUDENTS ARE PROVIDED WITH A LEVEL OF EDUCATION THAT EQUALS OR EXCEEDS THAT PROVIDED BY OTHER STATES. 1. By the start of the two thousand eight--two thousand nine school year, the regents shall establish, using existing state assessments, an interim, modified accountability system for schools and districts that is based on a growth model, subject to approval of the United States department of education where required under federal law. THE INTERIM SYSTEM SHALL BE IMPLEMENTED DURING THE TWO THOUSAND EIGHT--TWO THOUSAND NINE AND TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEARS. 2. The regents shall proceed with the development of an enhanced accountability system, with revised or new state assessments, based on an enhanced growth model that, to the extent feasible and consistent with federal law, includes a value-added assessment model that employs a scale-score approach to measure growth of students at all levels.[(a) If the regents establish that the assessment scaling and accountability methodology employed have been determined by external experts in educa- tional testing and measurement to be valid and reliable and in accord- ance with established standards for educational and psychological test- ing, and (b)]PROVIDED the approval of the United States department of education has been obtained where required by federal law, the enhanced growth model shall be implemented no later than the start of the two thousand ten--two thousand eleven school year. 3. In implementing the provisions of subdivisions one and two of this section, the regents shall by July first, two thousand eight, establish targets for improvement of schools and school districts based upon INDI- VIDUAL STUDENT LEARNING GAINS IN PUBLIC SCHOOLS, SCHOOL GRADES, THE STUDENTS' READINESS TO CONTINUE THROUGH THE EDUCATIONAL SYSTEM, perform- ance on state assessments, STUDENTS' ABILITY TO COMPETE WITH STUDENTS INA. 9219 12
OTHER STATES AS MEASURED BY NATIONAL STANDARDIZED TEST SCORES, gradu- ation rates, RETURN ON INVESTMENT OF EDUCATIONAL FUNDING, and other indicators of progress, such as student retention rates and college attendance and completion rates. COMMENCING WITH THE TWO THOUSAND TEN- -TWO THOUSAND ELEVEN SCHOOL YEAR, ALL TARGETS FOR IMPROVEMENT SHALL BE KEYED TO NATIONAL SCHOLASTIC ACHIEVEMENT BENCHMARKS AS MEASURED BY THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP). 4. THE ENHANCED ACCOUNTABILITY SYSTEM SHALL BE ESTABLISHED BY THE COMMISSIONER WITHIN THE DEPARTMENT AS A PERMANENT, SINGLE, UNIFIED ACCOUNTABILITY SYSTEM WITH MULTIPLE COMPONENTS. 5. THE ENHANCED ACCOUNTABILITY SYSTEM SHALL COMPLY WITH THE REQUIRE- MENTS OF THE "NO CHILD LEFT BEHIND ACT OF 2001," PUB. L. NO. 107-110, AND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA). 6. As used in this chapter, the following words shall have the follow- ing meanings: a. "Growth model" shall mean the assessment of a cohort of students, or individual students, over time that measures the academic progress made by those students. b. "Value added assessment model" shall mean a form of growth model that includes an evaluation of the specific effects of programs, and other relevant factors, on the academic progress of individual students over time. S 8. Section 211-b of the education law, as added by section 1 of part A of chapter 57 of the laws of 2007, is renumbered section 211-d and amended to read as follows: S 211-d. 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. ANY SCHOOL RECEIVING A GRADE OF D OR F BY THE DEPARTMENT PURSUANT TO THE PROVISIONS OF SECTION TWO HUNDRED ELEVEN-C OF THIS PART SHALL AUTOMATICALLY BE CONSIDERED TO BE A SCHOOL UNDER REGISTRATION REVIEW. 2. The regents shall develop a plan for increased support and possible intervention in schools in improvement, corrective action, or restruc- turing 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, restruc- turing 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 recommenda- tions for school improvement, which may include administrative and oper- ational improvements. The recommendation of such team shall be advisory.A. 9219 13
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]DEPARTMENT. 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 educa- tors 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]ELEVEN-E of this part. Such team shall assist the school district in developing, review- ing 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]DEPARTMENT. 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 WHICH HAS ACHIEVED A GRADE OF D OR F BY THE DEPARTMENT PURSUANT TO THE PROVISIONS OF SECTION TWO HUNDRED ELEVEN-C OF THIS ARTICLE, 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 formu- lating the district improvement plan, the district shall consider redi- recting resources to programs and activities included in the menu of options under subdivision three of section two hundred[eleven-d]ELEVEN-F 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]ELEVEN-E 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, assist- ant, 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]ELEVEN-E of this part. (b) In the case of a superintendent of schools, community superinten- dent or deputy, assistant, associate or other superintendent of schools who is not appointed for a fixed term, the contract provisions containedA. 9219 14
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 subdivi- sion. In addition, such contract provisions shall be deemed to apply immediately to any such person not appointed for a fixed term. 6. THE COMMISSIONER SHALL DEVELOP A PLAN TO REWARD SCHOOLS THAT HAVE SUCCESSFULLY COMPLETED RESTRUCTURING OR COME OFF OF SURR STATUS, OR ACHIEVED STANDARDS OF MEASURE AS DEEMED APPROPRIATE BY THE COMMISSIONER, AND SHALL ESTABLISH AN IMPROVEMENT INCENTIVE FUND TO PROVIDE FOR THE AWARD OF PERFORMANCE INCENTIVE GRANTS TO SUCH SCHOOLS. THE GRANTS SHALL BE USED TO CONTINUE IMPROVEMENT EFFORTS AND IMPLEMENT EDUCATIONAL PROGRAMS AT THE RECIPIENT SCHOOL, AS DEEMED APPROPRIATE BY THE COMMIS- SIONER. SUCH PLAN SHALL SPECIFY CRITERIA FOR THE AWARD OF A GRANT AND INCLUDE PROCESSES TO BE FOLLOWED, AND 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-E OF THIS PART. 7. THE COMMISSIONER SHALL OVERSEE THE PERFORMANCE OF DISTRICT SCHOOL BOARDS AND COMMUNITY COLLEGE BOARDS OF TRUSTEES IN ENFORCEMENT OF ALL LAWS AND RULES. DISTRICT SCHOOL BOARDS AND COMMUNITY COLLEGE BOARDS OF TRUSTEES SHALL BE PRIMARILY RESPONSIBLE FOR COMPLIANCE WITH LAW AND STATE BOARD RULE. (A) IN ORDER TO ENSURE COMPLIANCE WITH LAW OR STATE BOARD RULE, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO REQUEST AND RECEIVE INFORMA- TION, DATA, AND REPORTS FROM SCHOOL DISTRICTS AND COMMUNITY COLLEGES. DISTRICT SCHOOL SUPERINTENDENTS AND COMMUNITY COLLEGE PRESIDENTS ARE RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION AND DATA REPORTED TO THE STATE BOARD. (B) THE COMMISSIONER MAY INVESTIGATE ALLEGATIONS OF NONCOMPLIANCE WITH LAW OR STATE BOARD RULE AND DETERMINE PROBABLE CAUSE. THE COMMISSIONER SHALL REQUIRE THE DISTRICT SCHOOL BOARD OR COMMUNITY COLLEGE BOARD OF TRUSTEES TO DOCUMENT COMPLIANCE WITH LAW OR STATE BOARD RULE. IF THE DISTRICT SCHOOL BOARD OR COMMUNITY COLLEGE BOARD OF TRUSTEES CANNOT SATISFACTORILY DOCUMENT COMPLIANCE, THE COMMISSIONER MAY ORDER COMPLI- ANCE WITHIN A SPECIFIED TIMEFRAME. 8. IF THE COMMISSIONER DETERMINES THAT A DISTRICT SCHOOL BOARD OR COMMUNITY COLLEGE BOARD OF TRUSTEES IS UNWILLING OR UNABLE TO COMPLY WITH LAW OR STATE BOARD RULE WITHIN THE SPECIFIED TIME, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO INITIATE ANY OF THE FOLLOWING ACTIONS: (A) REPORT TO THE LEGISLATURE THAT THE SCHOOL DISTRICT OR COMMUNITY COLLEGE HAS BEEN UNWILLING OR UNABLE TO COMPLY WITH LAW OR STATE BOARD RULE AND RECOMMEND ACTION TO BE TAKEN BY THE LEGISLATURE; (B) REDUCE THE DISCRETIONARY APPROPRIATION UNTIL THE SCHOOL DISTRICT OR COMMUNITY COLLEGE COMPLIES WITH THE LAW OR STATE BOARD RULE; (C) WITHHOLD THE TRANSFER OF STATE FUNDS, DISCRETIONARY GRANT FUNDS, OR ANY OTHER FUNDS SPECIFIED AS ELIGIBLE FOR THIS PURPOSE BY THE LEGIS- LATURE UNTIL THE SCHOOL DISTRICT OR COMMUNITY COLLEGE COMPLIES WITH THE LAW OR STATE BOARD RULE; (D) DECLARE THE SCHOOL DISTRICT OR COMMUNITY COLLEGE INELIGIBLE FOR COMPETITIVE GRANTS; AND (E) REQUIRE MONTHLY OR PERIODIC REPORTING ON THE SITUATION RELATED TO NONCOMPLIANCE UNTIL IT IS REMEDIED.A. 9219 15
S 9. Section 211-c of the education law is renumbered section 211-e and subdivision 7, as added by section 1 of part A of chapter 57 of the laws of 2007, is amended to read as follows: 7. The reasonable and necessary expenses incurred by the appointed distinguished educators while performing their official duties shall be paid by the[school district]DEPARTMENT. S 10. Section 211-d of the education law, as added by section 12 of part A of chapter 57 of the laws of 2007, is renumbered section 211-f, paragraph b of subdivision 2 is amended by adding a new subparagraph (iv) and paragraph a of subdivision 4 is amended to read as follows: (IV) IF A SCHOOL DOES NOT MOVE FROM THE LOWEST-PERFORMING CATEGORY DURING THE INITIAL YEAR OF IMPLEMENTATION OF A CONTRACT FOR EXCELLENCE, THE SCHOOL DISTRICT SHALL SUBMIT A PLAN, WHICH IS SUBJECT TO APPROVAL BY THE DEPARTMENT, FOR IMPLEMENTING A DIFFERENT OPTION AT THE BEGINNING OF THE NEXT SCHOOL YEAR, UNLESS THE DEPARTMENT DETERMINES THAT THE SCHOOL IS LIKELY TO MOVE FROM THE LOWEST-PERFORMING CATEGORY IF ADDITIONAL TIME IS PROVIDED TO IMPLEMENT INTERVENTION AND SUPPORT STRATEGIES. IN ORDER TO ADVANCE TO A HIGHER CATEGORY, A SCHOOL MUST MAKE SIGNIFICANT PROGRESS BY IMPROVING ITS SCHOOL GRADE AND BY INCREASING STUDENT PERFORMANCE IN MATHEMATICS AND READING. a. A district's contract for excellence for the academic year two thousand eight--two thousand nine and thereafter, shall be developed through a public process, in consultation with parents or persons in parental relation, teachers, administrators, and any distinguished educator appointed pursuant to section two hundred[eleven-c]ELEVEN-E of this chapter. S 11. The education law is amended by adding five new sections 211-b, 211-c, 211-g, 211-h and 211-i to read as follows: S 211-B. AUTHORITY TO ENFORCE PUBLIC SCHOOL IMPROVEMENT. 1. THE DEPARTMENT SHALL HOLD ALL SCHOOL DISTRICTS AND PUBLIC SCHOOLS ACCOUNT- ABLE FOR STUDENT PERFORMANCE. THE DEPARTMENT IS RESPONSIBLE FOR A STATE SYSTEM OF SCHOOL IMPROVEMENT AND EDUCATION ACCOUNTABILITY THAT ASSESSES STUDENT PERFORMANCE BY SCHOOL, IDENTIFIES SCHOOLS IN WHICH STUDENTS ARE NOT MAKING ADEQUATE PROGRESS TOWARD STATE STANDARDS, AND INSTITUTES APPROPRIATE MEASURES FOR ENFORCING IMPROVEMENT. 2. THE DEPARTMENT SHALL PROVIDE FOR UNIFORM ACCOUNTABILITY STANDARDS FOR ALL PUBLIC SCHOOLS FOR GRADES PRE-KINDERGARTEN THROUGH UNIVERSITY, AND SHALL PROVIDE ASSISTANCE OF ESCALATING INTENSITY TO LOW-PERFORMING SCHOOLS, DIRECT SUPPORT TO SCHOOLS IN ORDER TO IMPROVE AND SUSTAIN PERFORMANCE, FOCUS ON THE PERFORMANCE OF STUDENT SUBGROUPS, AND ENHANCE STUDENT PERFORMANCE. 3. EACH SCHOOL DISTRICT SHALL BE ACCOUNTABLE FOR IMPROVING THE ACADEM- IC ACHIEVEMENT OF ALL STUDENTS AND FOR IDENTIFYING AND TURNING AROUND LOW-PERFORMING SCHOOLS IN THE DISTRICT. 4. FOR THE PURPOSE OF DETERMINING WHETHER A PUBLIC SCHOOL REQUIRES ACTION TO ACHIEVE A SUFFICIENT LEVEL OF SCHOOL IMPROVEMENT, THE DEPART- MENT SHALL ANNUALLY CATEGORIZE A PUBLIC SCHOOL IN ONE OF SIX CATEGORIES BASED ON THE SCHOOL'S GRADE, AND THE LEVEL AND RATE OF CHANGE IN STUDENT PERFORMANCE IN THE AREAS OF READING AND MATHEMATICS, DISAGGREGATED INTO STUDENT SUBGROUPS AS DESCRIBED IN THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, 20 U.S.C. S 6311(B)(2)(C)(V)(II). 5. APPROPRIATE INTERVENTION AND SUPPORT STRATEGIES SHALL BE APPLIED TO SCHOOLS THAT REQUIRE ACTION TO ACHIEVE A SUFFICIENT LEVEL OF IMPROVEMENT AS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION. THE INTERVENTION AND SUPPORT STRATEGIES MUST ADDRESS STUDENT PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, IMPROVEMENT PLANNING, LEADERSHIP QUALITY IMPROVEMENT, EDUCA-A. 9219 16
TOR QUALITY IMPROVEMENT, PROFESSIONAL DEVELOPMENT, CURRICULUM ALIGNMENT AND PACING, AND THE USE OF CONTINUOUS IMPROVEMENT AND MONITORING PLANS AND PROCESSES. THE DEPARTMENT MAY PRESCRIBE REPORTING REQUIREMENTS TO REVIEW AND MONITOR THE PROGRESS OF THE SCHOOLS. THE DEPARTMENT SHALL CREATE A MATRIX THAT REFLECTS INTERVENTION AND SUPPORT STRATEGIES TO ADDRESS THE PARTICULAR NEEDS OF SCHOOLS IN EACH CATEGORY. (A) INTERVENTION AND SUPPORT STRATEGIES SHALL BE APPLIED TO SCHOOLS BASED UPON THE SCHOOL CATEGORIZATION AS PROVIDED IN SECTION TWO HUNDRED ELEVEN-C OF THIS PART. THE DEPARTMENT SHALL APPLY THE MOST INTENSE INTERVENTION STRATEGIES TO THE LOWEST-PERFORMING SCHOOLS. FOR ALL BUT THE LOWEST CATEGORY AND "F" SCHOOLS IN THE SECOND LOWEST CATEGORY, THE INTERVENTION AND SUPPORT STRATEGIES SHALL BE ADMINISTERED SOLELY BY THE DISTRICTS AND THE SCHOOLS. (B) THE LOWEST-PERFORMING SCHOOLS ARE SCHOOLS THAT HAVE RECEIVED: (1) A GRADE OF "F" IN THE MOST RECENT SCHOOL YEAR AND IN FOUR OF THE LAST SIX YEARS; OR (2) A GRADE OF "D" OR "F" IN THE MOST RECENT SCHOOL YEAR AND MEET AT LEAST THREE OF THE FOLLOWING CRITERIA: (A) THE PERCENTAGE OF STUDENTS WHO ARE NOT PROFICIENT IN READING HAS INCREASED WHEN COMPARED TO MEASUREMENTS TAKEN FIVE YEARS PREVIOUS; (B) THE PERCENTAGE OF STUDENTS WHO ARE NOT PROFICIENT IN MATHEMATICS HAS INCREASED WHEN COMPARED TO MEASUREMENTS TAKEN FIVE YEARS PREVIOUS; (C) AT LEAST SIXTY-FIVE PERCENT OF THE SCHOOL'S STUDENTS ARE NOT PROFICIENT IN READING; OR (D) AT LEAST SIXTY-FIVE PERCENT OF THE SCHOOL'S STUDENTS ARE NOT PROFICIENT IN MATHEMATICS. 6. IN THE SCHOOL YEAR AFTER A SCHOOL IS INITIALLY IDENTIFIED AS A SCHOOL IN THE LOWEST-PERFORMING CATEGORY, THE SCHOOL DISTRICT MUST SUBMIT TO THE DEPARTMENT AND COMPLY WITH A CONTRACT FOR EXCELLENCE AS PROVIDED IN SECTION TWO HUNDRED ELEVEN-F OF THIS ARTICLE. S 211-C. SCHOOL GRADING SYSTEM. 1. THE COMMISSIONER SHALL PREPARE ANNUAL REPORTS OF THE RESULTS OF THE STATEWIDE ASSESSMENT PROGRAM WHICH DESCRIBE STUDENT ACHIEVEMENT IN THE STATE, EACH DISTRICT, AND EACH SCHOOL FOR GRADES KINDERGARTEN THROUGH TWELVE. THE COMMISSIONER SHALL PRESCRIBE THE DESIGN AND CONTENT OF THESE REPORTS, WHICH MUST INCLUDE, WITHOUT LIMITATION, DESCRIPTIONS OF THE PERFORMANCE OF ALL SCHOOLS PARTICIPATING IN THE ASSESSMENT PROGRAM AND ALL OF THEIR MAJOR STUDENT POPULATIONS AS DETERMINED BY THE COMMISSIONER, AND SHALL ALSO INCLUDE THE MEDIAN SCORES OF ALL ELIGIBLE STUDENTS WHO SCORED AT OR IN THE LOWEST TWENTY-FIFTH PERCENTILE OF THE STATE IN THE PREVIOUS SCHOOL YEAR. 2. THE ANNUAL REPORT SHALL IDENTIFY SCHOOLS AS HAVING ONE OF THE FOLLOWING GRADES, DEFINED ACCORDING TO RULES OF THE DEPARTMENT: (A) "A" SCHOOLS MAKING EXCELLENT PROGRESS; (B) "B" SCHOOLS MAKING ABOVE AVERAGE PROGRESS; (C) "C" SCHOOLS MAKING SATISFACTORY PROGRESS; (D) "D" SCHOOLS MAKING LESS THAN SATISFACTORY PROGRESS; OR (E) "F" SCHOOLS FAILING TO MAKE ADEQUATE PROGRESS. 3. EACH SCHOOL THAT HAS STUDENTS WHO ARE TESTED THROUGH STATE AND/OR NATIONAL ACHIEVEMENT TESTING AND INCLUDED IN THE SCHOOL GRADING SYSTEM SHALL RECEIVE A SCHOOL GRADE, EXCEPT AS FOLLOWS: A. A SCHOOL SHALL NOT RECEIVE A SCHOOL GRADE IF THE NUMBER OF ITS STUDENTS TESTED AND INCLUDED IN THE SCHOOL GRADING SYSTEM IS LESS THAN THE MINIMUM SAMPLE SIZE NECESSARY, BASED ON ACCEPTED PROFESSIONAL PRAC- TICE, FOR STATISTICAL RELIABILITY AND PREVENTION OF THE UNLAWFUL RELEASE OF PERSONALLY IDENTIFIABLE STUDENT DATA UNDER 20 U.S.C. S 1232G.A. 9219 17
B. AN ALTERNATIVE SCHOOL MAY CHOOSE TO RECEIVE A SCHOOL GRADE UNDER THIS SECTION OR A SCHOOL IMPROVEMENT RATING. FOR CHARTER SCHOOLS THAT MEET THE DEFINITION OF AN ALTERNATIVE SCHOOL, THE DECISION TO RECEIVE A SCHOOL GRADE IS THE DECISION OF THE CHARTER SCHOOL GOVERNING BOARD. 4. A SCHOOL THAT SERVES ANY COMBINATION OF STUDENTS IN KINDERGARTEN THROUGH GRADE THREE WHICH DOES NOT RECEIVE A SCHOOL GRADE BECAUSE ITS STUDENTS ARE NOT TESTED AND INCLUDED IN THE SCHOOL GRADING SYSTEM SHALL RECEIVE THE SCHOOL GRADE DESIGNATION OF A K-THREE FEEDER PATTERN SCHOOL IDENTIFIED BY THE DEPARTMENT AND VERIFIED BY THE SCHOOL DISTRICT. A SCHOOL FEEDER PATTERN EXISTS IF AT LEAST SIXTY PERCENT OF THE STUDENTS IN THE SCHOOL SERVING A COMBINATION OF STUDENTS IN KINDERGARTEN THROUGH GRADE THREE ARE SCHEDULED TO BE ASSIGNED TO THE GRADED SCHOOL. 5. FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR, A SCHOOL'S GRADE SHALL BE BASED ON A COMBINATION OF: (A) STUDENT ACHIEVEMENT SCORES, INCLUDING ACHIEVEMENT SCORES FOR STUDENTS SEEKING A SPECIAL DIPLOMA; (B) STUDENT LEARNING GAINS AS MEASURED BY ANNUAL STATE ASSESSMENTS IN GRADES THREE THROUGH TEN AND LEARNING GAINS FOR STUDENTS SEEKING A SPECIAL DIPLOMA, AS MEASURED BY AN ALTERNATE ASSESSMENT TOOL, SHALL BE INCLUDED NOT LATER THAN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR; AND (C) IMPROVEMENT OF THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN THE SCHOOL IN READING, MATHEMATICS, OR WRITING ON THE STATE ACHIEVEMENT TESTS, UNLESS THESE STUDENTS ARE EXHIBITING SATISFACTORY PERFORMANCE. 6. BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR SCHOOLS COMPRISED OF HIGH SCHOOL GRADES NINE, TEN, ELEVEN AND TWELVE, FIFTY PERCENT OF THE SCHOOL GRADE SHALL BE BASED ON A COMBINA- TION OF THE FACTORS LISTED IN SUBDIVISION FIVE OF THIS SECTION AND THE REMAINING FIFTY PERCENT ON THE FOLLOWING FACTORS: (A) THE HIGH SCHOOL GRADUATION RATE OF THE SCHOOL AS DETERMINED BY THE DEPARTMENT; (B) THE PERFORMANCE AND PARTICIPATION OF THE SCHOOL'S STUDENTS IN COLLEGE BOARD ADVANCED PLACEMENT COURSES, INTERNATIONAL BACCALAUREATE COURSES, DUAL ENROLLMENT COURSES, AND ADVANCED INTERNATIONAL CERTIFICATE OF EDUCATION COURSES; AND THE STUDENTS' ACHIEVEMENT OF INDUSTRY CERTIF- ICATION IN A CAREER AND PROFESSIONAL ACADEMY; (C) THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS ENROLLED IN THE SCHOOL IN READING, MATHEMATICS, AND OTHER SUBJECTS AS MEASURED BY THE PSAT, SAT, THE ACT, AND THE COMMON PLACEMENT TEST FOR POSTSECONDARY READINESS; (D) THE EARNING OF COLLEGE CREDIT BY ALL ELIGIBLE STUDENTS ENROLLED IN THE SCHOOL IN DUAL ENROLLMENT PROGRAMS; (E) THE HIGH SCHOOL GRADUATION RATE OF ALL ELIGIBLE AT-RISK STUDENTS WHO SCORED IN THE BOTTOM TWENTY-FIFTH PERCENTILE ON THE GRADE EIGHT STATE ASSESSMENT READING AND MATHEMATICS EXAMINATIONS; (F) THE PERFORMANCE OF THE SCHOOL'S STUDENTS ON STATEWIDE STANDARDIZED REGENTS EXAMINATIONS; AND (G) THE GROWTH OR DECLINE IN THE COMPONENTS LISTED IN PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION FROM YEAR TO YEAR. 7. STUDENT ASSESSMENT DATA USED IN DETERMINING SCHOOL GRADES SHALL INCLUDE: A. THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS ENROLLED IN THE SCHOOL WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS; AND B. THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS ENROLLED IN THE SCHOOL WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS AND WHO HAVE SCORED AT OR IN THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN THEA. 9219 18
SCHOOL IN READING, MATHEMATICS, OR WRITING, UNLESS THESE STUDENTS ARE EXHIBITING SATISFACTORY PERFORMANCE. 8. THE SCORES OF STUDENTS WHO ARE HOME SCHOOLED OR ENROLLED IN PROGRAMS OPERATED OR CONTRACTED BY THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE INCLUDED IN THE CALCULATION OF THE HOME SCHOOL'S GRADE. AS USED IN THIS SECTION, THE TERM "HOME SCHOOL" MEANS THE SCHOOL TO WHICH THE STUDENT WOULD BE ASSIGNED IF THE STUDENT WERE NOT HOME SCHOOLED OR IN THE CHARGE OF THE DEPARTMENT OF JUVENILE JUSTICE. 9. THE REGENTS SHALL ADOPT APPROPRIATE CRITERIA FOR EACH SCHOOL GRADE. THE CRITERIA MUST ALSO GIVE ADDED WEIGHT TO STUDENT ACHIEVEMENT IN READ- ING. SCHOOLS DESIGNATED WITH A GRADE OF "C" MAKING SATISFACTORY PROGRESS, SHALL BE REQUIRED TO DEMONSTRATE THAT ADEQUATE PROGRESS HAS BEEN MADE BY STUDENTS IN THE SCHOOL WHO ARE IN THE LOWEST TWENTY-FIFTH PERCENTILE IN READING, MATHEMATICS, OR WRITING ON THE FCAT, UNLESS THESE STUDENTS ARE EXHIBITING SATISFACTORY PERFORMANCE. 10. BEGINNING WITH THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, FOR SCHOOLS COMPRISED OF HIGH SCHOOL GRADES NINE, TEN, ELEVEN AND TWELVE, THE CRITERIA FOR SCHOOL GRADES MUST ALSO GIVE ADDED WEIGHT TO THE GRADUATION RATE OF ALL ELIGIBLE AT-RISK STUDENTS. IN ORDER FOR A HIGH SCHOOL TO BE DESIGNATED AS HAVING A GRADE OF "A" MAKING EXCELLENT PROGRESS, THE SCHOOL MUST DEMONSTRATE THAT AT-RISK STUDENTS IN THE SCHOOL ARE MAKING ADEQUATE PROGRESS. 11. THE ANNUAL REPORT SHALL IDENTIFY EACH SCHOOL'S PERFORMANCE AS HAVING IMPROVED, REMAINED THE SAME, OR DECLINED. THIS SCHOOL IMPROVEMENT RATING SHALL BE BASED ON A COMPARISON OF THE CURRENT YEAR'S AND PREVIOUS YEAR'S STUDENT AND SCHOOL PERFORMANCE DATA. 12. (A) AN ALTERNATIVE SCHOOL THAT PROVIDES DROPOUT PREVENTION AND ACADEMIC INTERVENTION SERVICES SHALL RECEIVE A SCHOOL IMPROVEMENT RATING; PROVIDED THAT AN ALTERNATIVE SCHOOL SHALL NOT RECEIVE A SCHOOL IMPROVEMENT RATING IF THE NUMBER OF ITS STUDENTS FOR WHOM STUDENT PERFORMANCE DATA IS AVAILABLE FOR THE CURRENT YEAR AND PREVIOUS YEAR IS LESS THAN THE MINIMUM SAMPLE SIZE NECESSARY, BASED ON ACCEPTED PROFES- SIONAL PRACTICE, FOR STATISTICAL RELIABILITY AND PREVENTION OF THE UNLAWFUL RELEASE OF PERSONALLY IDENTIFIABLE STUDENT DATA. THE SCHOOL IMPROVEMENT RATING SHALL IDENTIFY AN ALTERNATIVE SCHOOL AS HAVING ONE OF THE FOLLOWING RATINGS DEFINED ACCORDING TO RULES OF THE DEPARTMENT: (1) IMPROVING MEANS THE STUDENTS ATTENDING THE SCHOOL ARE MAKING MORE ACADEMIC PROGRESS THAN WHEN THE STUDENTS WERE SERVED IN THEIR HOME SCHOOLS; (2) MAINTAINING MEANS THE STUDENTS ATTENDING THE SCHOOL ARE MAKING PROGRESS EQUIVALENT TO THE PROGRESS MADE WHEN THE STUDENTS WERE SERVED IN THEIR HOME SCHOOLS; AND (3) DECLINING MEANS THE STUDENTS ATTENDING THE SCHOOL ARE MAKING LESS ACADEMIC PROGRESS THAN WHEN THE STUDENTS WERE SERVED IN THEIR HOME SCHOOLS. THE SCHOOL IMPROVEMENT RATING SHALL BE BASED ON A COMPARISON OF STUDENT PERFORMANCE DATA FOR THE CURRENT YEAR AND PREVIOUS YEAR. (B) STUDENT DATA USED IN DETERMINING AN ALTERNATIVE SCHOOL'S SCHOOL IMPROVEMENT RATING SHALL INCLUDE: (1) THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS WHO WERE ASSIGNED TO AND ENROLLED IN THE SCHOOL AS OF OCTOBER FIRST OF EACH SCHOOL YEAR, WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS, AND WHO HAVE COMPARA- BLE ASSESSMENT TEST SCORES FOR THE PRECEDING SCHOOL YEAR; AND (2) THE AGGREGATE SCORES OF ALL ELIGIBLE STUDENTS WHO WERE ASSIGNED TO AND ENROLLED IN THE SCHOOL AS OF OCTOBER FIRST OF EACH SCHOOL YEAR, WHO HAVE BEEN ASSESSED ON THE STATE ASSESSMENT TESTS, AND WHO HAVE COMPARA- BLE ASSESSMENT TEST SCORES FOR THE PRECEDING SCHOOL YEAR AND WHO HAVEA. 9219 19
SCORED IN THE LOWEST TWENTY-FIFTH PERCENTILE OF STUDENTS IN THE STATE ON THE READING ASSESSMENT TEST. THE ASSESSMENT SCORES OF STUDENTS WHO ARE SUBJECT TO DISTRICT SCHOOL BOARD POLICIES FOR EXPULSION FOR REPEATED OR SERIOUS OFFENSES, WHO ARE IN DROPOUT RETRIEVAL PROGRAMS SERVING STUDENTS WHO HAVE OFFICIALLY BEEN DESIGNATED AS DROPOUTS, OR WHO ARE IN PROGRAMS OPERATED OR CONTRACTED BY THE DEPARTMENT OF JUVENILE JUSTICE MAY NOT BE INCLUDED IN AN ALTERNATIVE SCHOOL'S SCHOOL IMPROVEMENT RATING. (C) FOR EACH ALTERNATIVE SCHOOL RECEIVING A SCHOOL IMPROVEMENT RATING, THE DEPARTMENT SHALL ANNUALLY IDENTIFY THE PERCENTAGE OF STUDENTS MAKING LEARNING GAINS AS COMPARED TO THE PERCENTAGE OF THE SAME STUDENTS MAKING LEARNING GAINS IN THEIR HOME SCHOOLS IN THE YEAR PRIOR TO BEING ASSIGNED TO THE ALTERNATIVE SCHOOL. 13. THE DEPARTMENT SHALL ANNUALLY DEVELOP, IN COLLABORATION WITH THE SCHOOL DISTRICTS, A SCHOOL REPORT CARD TO BE DELIVERED TO PARENTS THROUGHOUT EACH SCHOOL DISTRICT. THE REPORT CARD SHALL INCLUDE THE SCHOOL'S GRADE, INFORMATION REGARDING SCHOOL IMPROVEMENT, AN EXPLANATION OF SCHOOL PERFORMANCE AS EVALUATED BY THE FEDERAL NO CHILD LEFT BEHIND ACT OF 2001, AND INDICATORS OF RETURN ON INVESTMENT. EACH SCHOOL'S REPORT CARD SHALL BE PUBLISHED ANNUALLY BY THE DEPARTMENT ON ITS WEBSITE, AND THE SCHOOL DISTRICT SHALL PROVIDE THE SCHOOL REPORT CARD TO EACH PARENT. 14. THE ANNUAL REPORT REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL INCLUDE DISTRICT GRADES, WHICH SHALL CONSIST OF WEIGHTED DISTRICT AVERAGE GRADES, BY LEVEL, FOR ALL ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, AND HIGH SCHOOLS IN THE DISTRICT. A DISTRICT'S WEIGHTED AVERAGE GRADE SHALL BE CALCULATED BY WEIGHTING INDIVIDUAL SCHOOL GRADES DETERMINED BY SCHOOL ENROLLMENT. S 211-G. STATE EDUCATIONAL DATA SYSTEM AND WAREHOUSE. 1. THE COMMIS- SIONER SHALL DEVELOP AND IMPLEMENT AN INTEGRATED INFORMATION SYSTEM FOR EDUCATIONAL MANAGEMENT. THE SYSTEM MUST BE DESIGNED TO COLLECT, VIA ELECTRONIC TRANSFER, ALL STUDENT AND SCHOOL PERFORMANCE DATA REQUIRED TO ASCERTAIN THE DEGREE TO WHICH SCHOOLS AND SCHOOL DISTRICTS ARE MEETING STATE PERFORMANCE STANDARDS, AND MUST BE CAPABLE OF PRODUCING DATA FOR A COMPREHENSIVE ANNUAL REPORT ON SCHOOL AND DISTRICT PERFORMANCE. IN ADDI- TION, THE SYSTEM SHALL SUPPORT, AS FEASIBLE, THE MANAGEMENT DECISIONS TO BE MADE IN EACH DIVISION OF THE DEPARTMENT AND AT THE INDIVIDUAL SCHOOL AND DISTRICT LEVELS. SIMILAR DATA ELEMENTS AMONG DIVISIONS AND LEVELS SHALL BE COMPATIBLE. THE SYSTEM SHALL BE BASED ON AN OVERALL CONCEPTUAL DESIGN; THE INFORMATION NEEDED FOR SUCH DECISIONS, INCLUDING FISCAL, STUDENT, PROGRAM, PERSONNEL, FACILITY, COMMUNITY, EVALUATION, AND OTHER RELEVANT DATA; AND THE RELATIONSHIP BETWEEN COST AND EFFECTIVENESS. THE SYSTEM SHALL BE MANAGED AND ADMINISTERED BY THE COMMISSIONER AND SHALL INCLUDE A DISTRICT SUBSYSTEM COMPONENT TO BE ADMINISTERED AT THE DISTRICT LEVEL, WITH INPUT FROM THE REPORTS-AND-FORMS CONTROL MANAGEMENT COMMITTEES. EACH DISTRICT SCHOOL SYSTEM WITH A UNIQUE MANAGEMENT INFOR- MATION SYSTEM SHALL ASSURE THAT COMPATIBILITY EXISTS BETWEEN ITS UNIQUE SYSTEM AND THE DISTRICT COMPONENT OF THE STATE SYSTEM SO THAT ALL DATA REQUIRED AS INPUT TO THE STATE SYSTEM IS MADE AVAILABLE VIA ELECTRONIC TRANSFER AND IN THE APPROPRIATE INPUT FORMAT. 2. THE COMMISSIONER SHALL: (A) CONSULT WITH SCHOOL DISTRICT REPRESENTATIVES IN THE DEVELOPMENT OF THE SYSTEM DESIGN MODEL AND IMPLEMENTATION PLANS FOR THE MANAGEMENT INFORMATION SYSTEM FOR PUBLIC SCHOOL EDUCATION MANAGEMENT; (B) PROVIDE OPERATIONAL DEFINITIONS FOR THE PROPOSED SYSTEM; (C) DETERMINE THE INFORMATION AND SPECIFIC DATA ELEMENTS REQUIRED FOR THE MANAGEMENT DECISIONS MADE AT EACH EDUCATIONAL LEVEL, RECOGNIZINGA. 9219 20
THAT THE PRIMARY UNIT FOR INFORMATION INPUT IS THE INDIVIDUAL SCHOOL AND RECOGNIZING THAT TIME AND EFFORT OF INSTRUCTIONAL PERSONNEL EXPENDED IN COLLECTION AND COMPILATION OF DATA SHOULD BE MINIMIZED; (D) DEVELOP STANDARDIZED TERMINOLOGY AND PROCEDURES TO BE FOLLOWED AT ALL LEVELS OF THE SYSTEM; (E) DEVELOP A STANDARD TRANSMITTAL FORMAT TO BE USED FOR COLLECTION OF DATA FROM THE VARIOUS LEVELS OF THE SYSTEM; (F) DEVELOP APPROPRIATE COMPUTER PROGRAMS TO ASSURE INTEGRATION OF THE VARIOUS INFORMATION COMPONENTS DEALING WITH STUDENTS, PERSONNEL, FACILI- TIES, FISCAL, PROGRAM, COMMUNITY, AND EVALUATION DATA; (G) DEVELOP THE NECESSARY PROGRAMS TO PROVIDE STATISTICAL ANALYSIS OF THE INTEGRATED DATA IN SUCH A WAY THAT REQUIRED REPORTS MAY BE DISSEM- INATED, COMPARISONS MAY BE MADE, AND RELATIONSHIPS MAY BE DETERMINED IN ORDER TO PROVIDE THE NECESSARY INFORMATION FOR MAKING MANAGEMENT DECI- SIONS AT ALL LEVELS; (H) DEVELOP OUTPUT REPORT FORMATS WHICH WILL PROVIDE DISTRICT SCHOOL SYSTEMS WITH INFORMATION FOR MAKING MANAGEMENT DECISIONS AT THE VARIOUS EDUCATIONAL LEVELS; (I) DEVELOP A PHASED PLAN FOR DISTRIBUTING COMPUTER SERVICES EQUITABLY AMONG ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS IN THE STATE AS RAPIDLY AS POSSIBLE. THE PLAN SHALL DESCRIBE ALTERNATIVES AVAILABLE TO THE STATE IN PROVIDING SUCH COMPUTING SERVICES AND SHALL CONTAIN ESTIMATES OF THE COST OF EACH ALTERNATIVE, TOGETHER WITH A RECOMMENDATION FOR ACTION. IN DEVELOPING THE PLAN, THE FEASIBILITY OF SHARED USE OF COMPUTING HARDWARE AND SOFTWARE BY SCHOOL DISTRICTS, COMMUNITY COLLEGES, AND UNIVERSITIES SHALL BE EXAMINED; (J) ASSIST THE DISTRICT SCHOOL SYSTEMS IN ESTABLISHING THEIR SUBSYSTEM COMPONENTS AND ASSURING COMPATIBILITY WITH CURRENT DISTRICT SYSTEMS; (K) ESTABLISH PROCEDURES FOR CONTINUOUS EVALUATION OF SYSTEM EFFICIEN- CY AND EFFECTIVENESS; (L) INITIATE A REPORTS-MANAGEMENT AND FORMS-MANAGEMENT SYSTEM TO ASCERTAIN THAT DUPLICATION IN COLLECTION OF DATA DOES NOT EXIST AND THAT FORMS AND REPORTS FOR REPORTING UNDER STATE AND FEDERAL REQUIREMENTS AND OTHER FORMS AND REPORTS ARE PREPARED IN A LOGICAL AND UNCOMPLICATED FORMAT, RESULTING IN A REDUCTION IN THE NUMBER AND COMPLEXITY OF REQUIRED REPORTS, PARTICULARLY AT THE SCHOOL LEVEL; AND (M) INITIATE SUCH OTHER ACTIONS AS ARE NECESSARY TO CARRY OUT THE IMPLEMENTATION OF AN INFORMATION SYSTEM FOR PUBLIC SCHOOL MANAGEMENT NEEDS BE IMPLEMENTED. 3. EACH SCHOOL DISTRICT SHALL: (A) ESTABLISH, AT THE DISTRICT LEVEL, A REPORTS-CONTROL AND FORMS-CON- TROL MANAGEMENT SYSTEM COMMITTEE COMPOSED OF SCHOOL ADMINISTRATORS AND CLASSROOM TEACHERS. THE DISTRICT SCHOOL BOARD SHALL APPOINT SCHOOL ADMINISTRATOR MEMBERS AND CLASSROOM TEACHER MEMBERS OR, IN SCHOOL DISTRICTS WHERE APPROPRIATE, THE CLASSROOM TEACHER MEMBERS SHALL BE APPOINTED BY THE BARGAINING AGENT. TEACHERS SHALL CONSTITUTE A MAJORITY OF THE COMMITTEE MEMBERSHIP. THE COMMITTEE SHALL PERIODICALLY RECOMMEND PROCEDURES TO THE DISTRICT SCHOOL BOARD FOR ELIMINATING, REDUCING, REVISING, AND CONSOLIDATING PAPERWORK AND DATA COLLECTION REQUIREMENTS AND SHALL SUBMIT TO THE DISTRICT SCHOOL BOARD AN ANNUAL REPORT OF ITS FINDINGS; (B) WITH ASSISTANCE FROM THE COMMISSIONER, DEVELOP SYSTEMS COMPATIBIL- ITY BETWEEN THE STATE MANAGEMENT INFORMATION SYSTEM AND UNIQUE LOCAL SYSTEMS; (C) PROVIDE, WITH THE ASSISTANCE OF THE DEPARTMENT, IN-SERVICE TRAIN- ING DEALING WITH MANAGEMENT INFORMATION SYSTEM PURPOSES AND SCOPE, AA. 9219 21
METHOD OF TRANSMITTING INPUT DATA, AND THE USE OF OUTPUT REPORT INFORMA- TION; (D) ESTABLISH A PLAN FOR CONTINUOUS REVIEW AND EVALUATION OF LOCAL MANAGEMENT INFORMATION SYSTEM NEEDS AND PROCEDURES; (E) ADVISE THE COMMISSIONER OF ALL DISTRICT MANAGEMENT INFORMATION NEEDS; (F) TRANSMIT REQUIRED DATA INPUT ELEMENTS TO THE APPROPRIATE PROCESS- ING LOCATIONS IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE COMMIS- SIONER; (G) DETERMINE REQUIRED REPORTS, COMPARISONS, AND RELATIONSHIPS TO BE PROVIDED TO DISTRICT SCHOOL SYSTEMS BY THE SYSTEM OUTPUT REPORTS, CONTINUOUSLY REVIEWING THESE REPORTS FOR USEFULNESS AND MEANINGFULNESS, AND SUBMITTING RECOMMENDED ADDITIONS, DELETIONS, AND CHANGE REQUIREMENTS IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED BY THE COMMISSIONER; AND (H) BE RESPONSIBLE FOR THE ACCURACY OF ALL DATA ELEMENTS TRANSMITTED TO THE DEPARTMENT. 4. TO PROVIDE DATA REQUIRED TO IMPLEMENT EDUCATION PERFORMANCE ACCOUNTABILITY MEASURES IN STATE AND FEDERAL LAW, THE COMMISSIONER SHALL INITIATE AND MAINTAIN STRATEGIES TO IMPROVE DATA QUALITY AND TIMELINESS. ALL DATA COLLECTED FROM PUBLIC SCHOOLS FOR GRADES KINDERGARTEN THROUGH TWELVE AND FROM STATE UNIVERSITIES SHALL, AS DETERMINED BY THE COMMIS- SIONER, BE INTEGRATED INTO THE STATE EDUCATIONAL DATA WAREHOUSE. THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO SUCH DATA SOLELY FOR THE PURPOSES OF CONDUCTING STUDIES, REPORTING ANNUAL AND LONGITUDINAL STUDENT OUTCOMES, AND IMPROVING COLLEGE READINESS AND ARTICULATION. ALL PUBLIC EDUCATIONAL INSTITUTIONS SHALL PROVIDE DATA TO THE DATA WAREHOUSE IN A FORMAT SPECIFIED BY THE COMMISSIONER. 5. SCHOOL DISTRICTS AND PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS SHALL MAINTAIN INFORMATION SYSTEMS THAT WILL PROVIDE THE DEPARTMENT, THE BOARD OF REGENTS, THE CHANCELLOR AND THE LEGISLATURE WITH INFORMATION AND REPORTS NECESSARY TO ADDRESS THE SPECIFICATIONS OF THE ACCOUNTABIL- ITY SYSTEM. 6. THE COMMISSIONER SHALL DETERMINE THE STANDARDS FOR THE REQUIRED DATA, MONITOR DATA QUALITY, AND MEASURE IMPROVEMENTS. THE COMMISSIONER SHALL REPORT ANNUALLY TO THE BOARD OF REGENTS, THE CHANCELLOR, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY DATA QUALITY INDICATORS AND RATINGS FOR ALL SCHOOL DISTRICTS AND PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS. 7. BEFORE ESTABLISHING ANY NEW REPORTING OR DATA COLLECTION REQUIRE- MENTS, THE COMMISSIONER SHALL UTILIZE EXISTING DATA BEING COLLECTED TO REDUCE DUPLICATION AND MINIMIZE PAPERWORK. S 211-H. COMMUNITY COLLEGE ACCOUNTABILITY PROCESS. 1. THE REGENTS AND THE COMMUNITY COLLEGE BOARDS OF TRUSTEES SHALL DEVELOP AND IMPLEMENT AN ACCOUNTABILITY PLAN TO IMPROVE AND EVALUATE THE INSTRUCTIONAL AND ADMIN- ISTRATIVE EFFICIENCY AND EFFECTIVENESS OF THE STATE COMMUNITY COLLEGE SYSTEM. THIS PLAN SHALL BE DESIGNED IN CONSULTATION WITH THE GOVERNOR AND THE LEGISLATURE AND SHALL ADDRESS THE FOLLOWING ISSUES: (A) GRADUATION RATES OF ASSOCIATES OF ARTS (AA) AND ASSOCIATES OF SCIENCE (AS) DEGREE-SEEKING STUDENTS COMPARED TO FIRST-TIME-ENROLLED STUDENTS SEEKING THE ASSOCIATE DEGREE; (B) MINORITY STUDENT ENROLLMENT AND RETENTION RATES; (C) STUDENT PERFORMANCE, INCLUDING STUDENT PERFORMANCE IN COLLEGE-LEV- EL ACADEMIC SKILLS, MEAN GRADE POINT AVERAGES FOR COMMUNITY COLLEGE AA TRANSFER STUDENTS, AND COMMUNITY COLLEGE STUDENT PERFORMANCE ON STATE LICENSURE EXAMINATIONS; (D) JOB PLACEMENT RATES OF COMMUNITY COLLEGE CAREER STUDENTS;A. 9219 22
(E) STUDENT PROGRESSION BY ADMISSION STATUS AND PROGRAM; (F) CAREER ACCOUNTABILITY STANDARDS; (G) INSTITUTIONAL ASSESSMENT EFFORTS RELATED TO THE REQUIREMENTS FOR ACCREDITATION; AND (H) SUCH OTHER MEASURES APPROVED BY THE REGENTS. 2. THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT PROVIDING THE RESULTS OF INITIATIVES TAKEN DURING THE PRIOR YEAR AND THE INITIATIVES AND RELATED OBJECTIVE PERFORMANCE MEASURES PROPOSED FOR THE NEXT YEAR. S 211-I. STATE UNIVERSITY ACCOUNTABILITY PROCESS. 1. IT IS THE INTENT OF THE LEGISLATURE THAT AN ACCOUNTABILITY PROCESS BE IMPLEMENTED THAT PROVIDES FOR THE SYSTEMATIC, ONGOING EVALUATION OF QUALITY AND EFFEC- TIVENESS OF STATE UNIVERSITIES. THE ACCOUNTABILITY PROCESS SHALL MONI- TOR PERFORMANCE AT THE SYSTEM LEVEL IN EACH OF THE MAJOR AREAS OF INSTRUCTION, RESEARCH, AND PUBLIC SERVICE, WHILE RECOGNIZING THE DIFFER- ING MISSIONS OF EACH OF THE STATE UNIVERSITIES. THE ACCOUNTABILITY PROC- ESS SHALL PROVIDE FOR THE ADOPTION OF SYSTEM-WIDE PERFORMANCE STANDARDS AND PERFORMANCE GOALS FOR EACH STANDARD IDENTIFIED THROUGH A COLLABORA- TIVE EFFORT INVOLVING STATE UNIVERSITIES, THE BOARD OF GOVERNORS, THE LEGISLATURE, AND THE GOVERNOR. THESE STANDARDS AND GOALS SHALL MAINTAIN CONGRUITY WITH THE PERFORMANCE-BASED BUDGETING PROCESS. THE UNIVERSITY ACCOUNTABILITY REPORTS SHALL REFLECT MEASURES DEFINED THROUGH PERFOR- MANCE-BASED BUDGETING. THE PERFORMANCE-BASED BUDGETING MEASURES MUST ALSO REFLECT THE ELEMENTS OF TEACHING, RESEARCH, AND SERVICE INHERENT IN THE MISSIONS OF THE STATE UNIVERSITIES. 2. BY DECEMBER THIRTY-FIRST OF EACH YEAR, THE CHANCELLOR SHALL SUBMIT AN ANNUAL ACCOUNTABILITY REPORT PROVIDING INFORMATION ON THE IMPLEMENTA- TION OF PERFORMANCE STANDARDS, ACTIONS TAKEN TO IMPROVE UNIVERSITY ACHIEVEMENT OF PERFORMANCE GOALS, THE ACHIEVEMENT OF PERFORMANCE GOALS DURING THE PRIOR YEAR, AND INITIATIVES TO BE UNDERTAKEN DURING THE NEXT YEAR. THE ACCOUNTABILITY REPORTS SHALL BE DESIGNED IN CONSULTATION WITH THE GOVERNOR AND THE LEGISLATURE. S 12. This act shall take effect April 1, 2010; provided, however, that the amendments to section 3012-b of the education law made by sections three and four of this act shall not affect the repeal of such section and shall be deemed to be repealed therewith. PART D Section 1. Subdivision 2 of section 3001 of the education law, as amended by chapter 658 of the laws of 2002, is amended to read as follows: 2. Not in possession of a teacher's certificate issued under the authority of this chapter or a diploma issued on the completion of a course in state college for teachers or state teachers college of this state; PROVIDED THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE DIRECTLY CERTIFIED AS A TEACHER OR PRINCIPAL BY AN EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT OR WHO HAVE TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR AMERICA PROGRAM. The provisions of this subdivision shall not prohibit a certified teacher from permitting a practice or cadet teacher enrolled in an approved teacher education program from teaching a class without the presence of the certified teacher in the classroom provided the class- room certified teacher is available at all times and retains supervision of the practice or cadet teacher. The number of certified teachers shall not be diminished by reason of the presence of cadet teachers.A. 9219 23
S 2. Subdivision 2 of section 3001 of the education law, as amended by chapter 538 of the laws of 1973, is amended to read as follows: 2. Not in possession of a teacher's certificate issued under the authority of this chapter or a diploma issued on the completion of a course in state college for teachers or state teachers college of this state; PROVIDED THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PERSONS WHO ARE DIRECTLY CERTIFIED AS A TEACHER OR PRINCIPAL BY AN EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT OR WHO HAVE TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR AMERICA PROGRAM. The provisions of this subdivision shall not prohibit a certified teacher from permitting a practice or cadet teacher enrolled in an approved teacher education program from teaching a class without the presence of the certified teacher in the classroom provided the class- room certified teacher is available at all times and retains supervision of the practice or cadet teacher. The number of certified teachers shall not be diminished by reason of the presence of cadet teachers. S 3. Subdivision 6 of section 3004 of the education law, as added by section 5 of part A of chapter 57 of the laws of 2007, is amended to read as follows: 6. The regents and the commissioner shall review the alternative teacher preparation programs available to candidates for teaching certificates under the regulations of the commissioner in the two thou- sand seven--two thousand eight school year and shall[consider means of expanding]EXPAND the availability of such preparation[in the future]NO LATER THAN THE COMMENCEMENT OF THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, while maintaining teacher quality. The regents and the commissioner shall develop programs to assist in the expansion of alternative teacher preparation programs, INCLUDING AUTHORIZING EDUCA- TION-ORIENTED ORGANIZATIONS OTHER THAN SCHOOLS OF EDUCATION TO DIRECTLY CERTIFY TEACHERS AND PRINCIPALS. S 4. Subdivision 8 of section 1604 of the education law, as amended by chapter 590 of the laws of 1995, is amended to read as follows: 8. To appoint and enter into contract with a superintendent of schools as provided in, and consistent with, section seventeen hundred eleven of this chapter, and to employ in accordance with, and subject to, the provisions of section three thousand twelve of this chapter as many legally qualified teachers as the schools of the district require; to determine the rate of compensation of each teacher and to determine the terms of school to be held during each school year, and to employ persons to supervise, organize, conduct and maintain athletic, play- ground and social center activities when they are authorized by a vote of a district meeting as provided by law. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such additional duties. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD OF TRUSTEES MAY EMPLOY AS TEACHERS (A) UNCERTIFIED TEACHERS WITH AT LEAST THREE YEARS OF ELEMENTARY, MIDDLE OR SECONDARY CLASSROOM TEACHING EXPERIENCE; (B) TENURED OR TENURE TRACK COLLEGE FACULTY; (C) INDIVIDUALS WITH TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR AMERICA PROGRAM; AND (D) INDIVIDUALS WHO POSSESS EXCEPTIONAL BUSINESS, PROFES- SIONAL, ARTISTIC, ATHLETIC, OR MILITARY EXPERIENCE, PROVIDED, HOWEVER, THAT SUCH TEACHERS DESCRIBED IN CLAUSES (A), (B), (C), AND (D) OF THIS PARAGRAPH SHALL NOT IN TOTAL COMPRISE MORE THAN THIRTY PER CENTUM OF THE TEACHING STAFF OF A SCHOOL, OR FIVE TEACHERS, WHICHEVER IS LESS. AA. 9219 24
TEACHER CERTIFIED OR OTHERWISE APPROVED BY THE COMMISSIONER SHALL NOT BE INCLUDED IN THE NUMERICAL LIMITS ESTABLISHED BY THE PRECEDING SENTENCE. S 5. Subdivision 16 of section 1709 of the education law, as amended by chapter 687 of the laws of 1949, is amended to read as follows: 16. To contract with and employ such persons as by the provisions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment, to make and deliver to each teacher a written contract as required by section three thousand eleven of this chapter, except as otherwise provided by sections three thousand twelve and three thousand thirteen; and employ such persons as may be necessary to supervise, organize, conduct and maintain athletic, playground and social center activities, or for any one or more of such purposes; and to adopt rules and regulations governing the excusing of absences of all teachers and other employees and for the granting of leaves of absence to such employees either with or without pay. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such purposes. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD OF TRUSTEES MAY EMPLOY AS TEACHERS (A) UNCERTIFIED TEACHERS WITH AT LEAST THREE YEARS OF ELEMENTARY, MIDDLE OR SECONDARY CLASSROOM TEACH- ING EXPERIENCE; (B) TENURED OR TENURE TRACK COLLEGE FACULTY; (C) INDI- VIDUALS WITH TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR AMERICA PROGRAM; AND (D) INDIVIDUALS WHO POSSESS EXCEPTIONAL BUSINESS, PROFESSIONAL, ARTISTIC, ATHLETIC, OR MILITARY EXPERIENCE, PROVIDED, HOWEVER, THAT SUCH TEACHERS DESCRIBED IN CLAUSES (A), (B), (C), AND (D) OF THIS PARAGRAPH SHALL NOT IN TOTAL COMPRISE MORE THAN THIRTY PER CENTUM OF THE TEACHING STAFF OF A SCHOOL, OR FIVE TEACHERS, WHICHEVER IS LESS. A TEACHER CERTIFIED OR OTHERWISE APPROVED BY THE COMMISSIONER SHALL NOT BE INCLUDED IN THE NUMERICAL LIMITS ESTABLISHED BY THE PRECED- ING SENTENCE. S 6. The education law is amended by adding a new section 3111 to read as follows: S 3111. EDUCATION INCENTIVE PROGRAM. 1. ON OR BEFORE JULY FIRST, TWO THOUSAND TEN, THE COMMISSIONER SHALL ESTABLISH AN EDUCATION INCENTIVE PROGRAM TO RECOGNIZE AND REWARD THOSE TEACHERS AND SCHOOLS THAT DEMON- STRATE SUCCESS IN ACHIEVING THE STATE'S EDUCATIONAL GOALS. 2. THE EDUCATION INCENTIVE PROGRAM SHALL PROVIDE FOR THE AWARD OF PERFORMANCE BONUS INCENTIVE GRANTS TO SCHOOLS WHICH MEET THE FOLLOWING CRITERIA: A. ACHIEVE BENCHMARK SCORES ON STATE EXAMINATIONS IN CORE SUBJECT AREAS OF MATHEMATICS, SCIENCE, HISTORY AND LANGUAGE ARTS, WITH AN OVER- ALL SCHOOL QUALIFYING EXAMINATION SCORE TO BE BASED ON ANNUAL COMBINED AVERAGES OF SCORES OBTAINED ON THE INDIVIDUAL SUBJECT EXAMINATIONS BY STUDENTS AT THE SCHOOL; B. ACHIEVE BENCHMARK HIGH SCHOOL GRADUATION RATES OR DEMONSTRATE MARKED IMPROVEMENT IN SCORES AND/OR HIGH SCHOOL GRADUATION RATES; C. IMPROVE PERFORMANCE BY MOVING UP A CERTAIN NUMBER OF RANKINGS; OR D. RANK IN THE TOP TEN PERCENT OF SCHOOLS IN THE STATE FOR ACHIEVEMENT IN EXAMINATION SCORES OR GRADUATION RATES. 3. THE EDUCATION INCENTIVE PROGRAM SHALL PROVIDE FOR THE AWARD OF PERFORMANCE BONUS INCENTIVE GRANTS TO A TEACHER WHOSE STUDENTS ACHIEVE BENCHMARK SCORES ON STATE EXAMINATIONS FOR COURSES TAUGHT BY THAT TEACH- ER, IN CORE SUBJECT AREAS OF MATHEMATICS, SCIENCE, HISTORY AND LANGUAGE ARTS, WITH AN OVERALL QUALIFYING EXAMINATION SCORE TO BE BASED ON ANNUALA. 9219 25
COMBINED AVERAGES OF SCORES OBTAINED ON THE INDIVIDUAL SUBJECT EXAMINA- TIONS BY STUDENTS AT THE SCHOOL. 4. THE EDUCATION INCENTIVE PROGRAM SHALL PROVIDE FOR THE AWARD OF PERFORMANCE BONUS INCENTIVE GRANTS TO PRINCIPALS WHOSE SCHOOLS QUALIFY FOR AN AWARD UNDER SUBDIVISION TWO OF THIS SECTION AND TO SUPERINTEN- DENTS OF DISTRICTS CONTAINING A BENCHMARK NUMBER OF QUALIFYING SCHOOLS. 5. AWARDS RECEIVED BY A SCHOOL SHALL BE USABLE AT THE RECIPIENT SCHOOL'S DISCRETION PROVIDED THAT: A. A SCHOOL SHALL GIVE PRIORITY TO ACADEMIC ENHANCEMENT PURPOSES IN USING AN AWARD RECEIVED UNDER THE PROGRAM; AND B. AN AWARD MAY NOT BE USED FOR ANY PURPOSE RELATED TO ATHLETICS. 6. TO OBTAIN AN AWARD UNDER THE PROGRAM, A SCHOOL, TEACHER, PRINCIPAL OR SUPERINTENDENT SHALL SUBMIT TO THE DEPARTMENT A WRITTEN APPLICATION IN A FORM, MANNER, AND TIME PRESCRIBED BY THE COMMISSIONER. 7. THE COMMISSIONER SHALL ANALYZE AND ADJUST, AS NEEDED, THE SUM OF AND NUMBER OF AWARDS TO ENSURE THAT THE PURPOSE OF THE PROGRAM IS REAL- IZED. 8. AN AWARD OR SUBSIDY GRANTED UNDER THIS SECTION MAY BE FUNDED BY DONATIONS, GRANTS, OR LEGISLATIVE APPROPRIATIONS. THE COMMISSIONER MAY SOLICIT AND RECEIVE GRANTS AND DONATIONS FOR MAKING AWARDS UNDER THIS SECTION. THE DEPARTMENT SHALL ACCOUNT FOR AND DISTRIBUTE THE DONATIONS, GRANTS, OR LEGISLATIVE APPROPRIATIONS. THE DEPARTMENT SHALL APPLY TO THE PROGRAM ANY AVAILABLE FUNDS FROM ITS APPROPRIATIONS THAT MAY BE USED FOR PURPOSES OF THE PROGRAM. THE GRANT OF ANY AWARD OR SUBSIDY UNDER THE PROGRAM IS SUBJECT TO THE AVAILABILITY OF FUNDS. 9. ALL INFORMATION REGARDING INDIVIDUAL STUDENTS RECEIVED BY THE DEPARTMENT IN CONNECTION WITH AN APPLICATION FOR AN AWARD PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED IN ANY FORM THAT CONTAINS INDIVIDUAL IDENTIFYING INFORMATION. S 7. Subdivision 2 of section 551 of the education law, as added by chapter 414 of the laws of 1972, is amended to read as follows: 2. The apportionment pursuant to this section shall be reduced by one[one hundred eightieth]TWO HUNDREDTH for each day less than[one hundred eighty]TWO HUNDRED days that such school was actually in total session in the base year, except that the commissioner may disregard such reduction up to five days if he finds that the school was not in session for[one hundred eighty]TWO HUNDRED days because of extraor- dinary adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel or the destruction of a school building, and if the commissioner further finds that such school cannot make up such days of instruction during the school year. No such reduction shall be made, however, for any day on which such school was in session for the purpose of administering the regents examinations or the regents scholarship examinations, or any day, not to exceed three days, when such school was not in session because of a conference of teachers called by the principal of the school. S 8. Subdivision 2 of section 1704 of the education law, as amended by chapter 543 of the laws of 1971, is amended to read as follows: 2. Except as otherwise provided by law, no board of education or community board in the city school district of the city of New York shall provide for a school year consisting of fewer than[one hundred eighty]TWO HUNDRED days of school. S 9. Paragraph a of subdivision 4 of section 3204 of the education law is amended to read as follows: a. A full time day school or class, except as otherwise prescribed, shall be in session for not less than[one hundred ninety]TWO HUNDREDA. 9219 26
days each year, inclusive of legal holidays that occur during the term of said school and exclusive of Saturdays. S 10. Paragraph m of subdivision 12 of section 3602-e of the education law, as amended by section 19 of part B of chapter 57 of the laws of 2007, is amended to read as follows: m. a process for the waiver of the time requirements established pursuant to this subdivision in order to authorize the operation of a summer universal prekindergarten program limited to the months of July and August, upon a finding by the commissioner that the school district is unable to operate the program during the regular school session because of a lack of available space pursuant to regulations of the commissioner. Notwithstanding any other provision of this section to the contrary, such process shall provide for a reduction of the aid per prekindergarten pupil payable for pupils served pursuant to such waiver by one[one-hundred eightieth]TWO HUNDREDTH of the aid per prekinder- garten pupil determined pursuant to paragraph[a]B of subdivision ten[or subparagraph (i) of paragraph b of subdivision ten-a]of this section for each day less than[one hundred eighty]TWO HUNDRED days that the summer program is in session. S 11. Subdivision 16 of section 3602-e of the education law, as amended by section 19 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 16. The grant payable to a school district pursuant to this section in the current year shall be reduced by one[one-hundred eightieth]TWO HUNDREDTH for each day less than[one hundred eighty]TWO HUNDRED days that the universal prekindergarten classes of the district were actually in session, except that the commissioner may disregard such reduction for any deficiency that may be disregarded in computing total foundation aid pursuant to subdivision seven or eight of section thirty-six hundred four of this chapter. S 12. Subdivision 7 of section 3604 of the education law, as amended by section 31 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 7. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public schools were actually in session in the district and taught by a quali- fied teacher or by successive qualified teachers or by qualified teach- ers for not less than[one hundred eighty]TWO HUNDRED days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this chapter in the current year shall be reduced by one[one-hundred eightieth]TWO HUNDREDTH of the district's total foundation aid for each day less than[one hundred eighty]TWO HUNDRED days that the schools of the district were actually in session, except that the commissioner may disregard such reduction, up to five days, in the apportionment of public money, if he finds that the schools of the district were not in session for[one hundred eighty]TWO HUNDRED days because of extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemi- cal substances, or the destruction of a school building either in whole or in part, and if, further, the commissioner finds that such district cannot make up such days of instruction by using for the secondary grades all scheduled vacation days which occur prior to the first sched- uled regents examination day in June, and for the elementary grades all scheduled vacation days which occur prior to the last scheduled regentsA. 9219 27
examination day in June. For the purposes of this subdivision, "sched- uled vacation days" shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session. S 13. Subdivision 2-a of section 3635 of the education law, as amended by chapter 424 of the laws of 2005, is renumbered subdivision 3 and is amended to read as follows: 3. The superintendent of each city school district, in a city having a population in excess of one million, shall prepare a public school calendar and shall notify officials of nonpublic schools to which trans- portation has been requested not later than the first day of June in each year, of the days on which the public schools will be in session in the following school year. Such school district which provides transpor- tation to nonpublic schools shall provide such transportation for the same number of days as the public schools are open but shall not provide transportation services for more than[one hundred eighty]TWO HUNDRED days. Officials of each nonpublic school to which transportation is provided by a city school district of a city having a population in excess of one million may notify such district, not later than the first day of July of each school year, of a maximum of five days, exclusive of Saturdays, Sundays or legal holidays upon which public schools are required to be closed, on which the public schools are scheduled to be closed, except that in any year in which the first or last day of Pass- over and Easter Sunday are separated by more than seven days, such offi- cials may notify the district of a maximum of ten days, but such school district will be required to provide for transportation to such nonpub- lic school provided that such five or ten additional days, whichever is applicable, are limited to the following: the Tuesday, Wednesday, Thurs- day and Friday after Labor Day, Rosh Hashanah, Yom Kippur, the week in which public schools are closed for spring recess, December twenty- fourth and the week between Christmas day and New Year's day, the Tues- day, Wednesday, Thursday and Friday after the observance of Washington's birthday, and, in the boroughs of Brooklyn and Queens only, Anniversary Day as designated in section twenty-five hundred eighty-six of this chapter. S 14. Section 3205 of the education law is amended by adding a new subdivision 4 to read as follows: 4. FOR PURPOSES OF THIS ARTICLE, "FULL-TIME INSTRUCTION" AND "FULL-TIME DAY INSTRUCTION" SHALL MEAN NOT LESS THAN SIX AND ONE HALF HOURS PER DAY OF INSTRUCTIONAL TIME, REGARDLESS OF THE LENGTH OF THE SCHOOL DAY. S 15. Section 3204 of the education law is amended by adding a new subdivision 6 to read as follows: 6. SUBJECT TO RULES AND REGULATIONS OF THE BOARD OF REGENTS, A PUPIL MAY, CONSISTENT WITH THE REQUIREMENTS OF PUBLIC EDUCATION, EXERCISE THE OPTION OF TESTING OUT OF A COURSE BY DEMONSTRATING MASTERY OF THE STAND- ARDS FOR THAT COURSE BY PASSING THE REGENTS EXAMINATIONS OR OTHER STATE EXAMINATION FOR THAT COURSE. A PUPIL WHO SATISFACTORILY TESTS OUT OF THE COURSE SHALL BE CONSTRUED AS HAVING EARNED A UNIT OF CREDIT IN THE SUBJECT OF THE COURSE. S 16. This act shall take effect April 1, 2010; provided that the amendments to subdivision 2 of section 3001 of the education law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to section 2 of chapter 658 of the laws of 2002, as amended, when upon such date the provisions of section two of this act shall take effect.A. 9219 28
S 4. The commissioner of education and the board of regents are authorized and directed to take all actions necessary to implement the provisions of this act on or before its effective date. The commissioner of education is authorized and directed to promulgate rules and regu- lations necessary to implement the provisions of this act on or before its effective date. S 5. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 6. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through D of this act shall be as specifically set forth in the last section of such Parts.
This content is licensed under Creative Commons BY-NC-ND 3.0. Permissions beyond the scope of this license are available here.
The software and services provided under this site are offered under the BSD License and the GPL v3 License.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Discuss!