NY Educ L § 309-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7 - Commissioner of Education 309-A - Twenty-First Century Schools Program.

§ 309-a. Twenty-first century schools program. 1. Twenty-first century   schools   plans.   The   commissioner  is  authorized  to  designate  as   "twenty-first century schools," schools which are implementing  approved   plans   to  achieve  substantial  improvement  in  student  achievement.   Applications for designation as a twenty-first  century  school  may  be   submitted  on behalf of an individual school, a subset of schools within   a school  district  or  all  schools  within  a  school  district.  Each   application  for  designation  as a twenty-first century school shall be   made in a form prescribed by the commissioner  and  shall  set  forth  a   five-year  plan  to enable all students to achieve levels of educational   achievement that  are  competitive  with  high  international  standards   through   implementation  of  innovative  instructional  strategies  and   restructuring of school management and programs. Such application  shall   be  submitted  by  April  first  next preceding the school year in which   operation  as  a  twenty-first  century  school  would   commence.   The   twenty-first century school plan shall be developed through consultation   with  teachers, administrators, parents and other interested parties and   shall be approved by the board of education at a  public  meeting.  Such   consultation   shall   be   conducted   in  accordance  with  plans  for   school-based planning and shared decision making adopted  in  accordance   with   regulations  of  the  commissioner.  A  school  designated  as  a   twenty-first century school may revise its plan, subject to approval  by   the  commissioner  and  subject  to  all  requirements governing initial   development and approval of a plan. A twenty-first century  school  plan   shall   contain  such  information  as  the  commissioner  may  require,   including but not limited to:a. identification of the school or schools included within the plan;b. high, internationally  competitive  academic  content  and  student   achievement  standards  and mechanisms for assessing student achievement   that are fair, reliable and valid, that have been selected or  developed   in conjunction with teachers, principals, parents and representatives of   employers,  organized labor, higher education institutions and community   organizations and are consistent with standards and assessment practices   developed by the department, by national organizations of subject-matter   experts or by others;c. specific actions to be undertaken  to  assure  that  all  students,   regardless  of  economic background, race, gender, ethnicity, disability   or limited English proficiency, will have a fair opportunity to  achieve   the  knowledge and skills described in the student achievement standards   pursuant to paragraph b of this subdivision;d. specific improvements in  student  achievement  that  the  plan  is   expected  to  produce  including,  but  not  limited to, improvements in   student achievement as  reflected  in  grades,  test  scores,  portfolio   assessments  and  student  demonstrations  of skills or competencies and   improvements in attendance and completion rates;e. certifications by the superintendent of schools and  the  principal   of each school included in the plan that the school will comply with all   requirements  of  this chapter, rules of the board or regulations of the   commissioner listed by the commissioner pursuant to subdivision three of   this section;f. a description of the staff development, training  and  support  for   teachers  and  other  personnel  that will be necessary to implement the   plan;g. any changes in school  governance  or  management,  work  rules  or   assignment  restrictions,  pursuant  to  collective  negotiations  where   applicable, needed in order to effectively focus and assist  schools  in   preparing  students  to  meet  the  achievement  standards  described in   paragraph b of this subdivision; h. any actions to be undertaken to  assist  families  of  students  in   addressing  pressing  needs  that affect student achievement, including,   but not  limited  to,  forming  partnerships  with  public  and  private   agencies  to  increase  the  access  of students and families to quality   coordinated services;i.  any  actions  to  be  undertaken to facilitate the transition from   school to work or to postsecondary education for all students including,   for example,  integration  of  workplace  readiness  skills  and  career   information   into   curricula,   provision  of  school-structured  work   experiences, cooperation with local employers and articulation of school   and college programs; andj. a plan for evaluation of the effectiveness of the program.2. Criteria for approval. The commissioner may designate a total of up   to two hundred  fifty  twenty-first  century  schools  by  the  nineteen   hundred  ninety-nine--two  thousand  school year. The commissioner shall   promulgate criteria for the designation of twenty-first century  schools   which shall include, but not be limited to:a.   certifications   by   the  commissioner  that:  (i)  the  student   achievement standards described pursuant to paragraph b  of  subdivision   one   of   this  section  represent  high,  internationally  competitive   standards for student knowledge and skills, (ii) that the mechanisms for   assessing student achievement pursuant to such  paragraph  b  are  fair,   reliable  and  valid;  and  (iii)  the  plan  is designed to provide all   students with educational services of a quality  at  least  as  high  as   those  offered  under  existing  practices,  without  regard to economic   background, race,  gender,  ethnicity,  disability  or  limited  English   proficiency;b.  the  potential  of  the  school  plan  for  use  as  a model to be   replicated by other similarly situated schools and  the  probability  of   success  in  substantially  improving  levels  of  achievement  for  all   students,  without  regard  to  economic   background,   race,   gender,   ethnicity, disability or limited English proficiency;c.  evidence  and strength of support for the proposal among teachers,   parents and staff;d. use of nationally recognized school restructuring  and  improvement   models and reliance upon research-based strategies for improving student   achievement; ande.  changes  in  local  policies to provide the school or schools with   additional enhanced flexibility.The commissioner shall designate twenty-first  century  schools  after   consultation with the twenty-first century schools committee established   pursuant  to subdivision six of this section. The commissioner shall, to   the extent practicable, provide for designation of schools located in  a   mixture  of  urban,  rural and suburban settings. The commissioner shall   take specific actions to encourage applications from schools located  in   economically and socially distressed communities.3.  Exemption  from  regulation. A school designated as a twenty-first   century school shall:a. be exempt from complying with rules of the board and regulations of   the commissioner to  the  extent  necessary  to  implement  an  approved   twenty-first  century school plan and except as provided in paragraphs b   and c of this subdivision;b. be authorized, as part of a twenty-first  century  school  plan  or   revision thereto, to request approval by the commissioner to be exempted   from  specific  requirements  of  this  chapter  except  as  provided in   paragraph c of this subdivision  and  provided  that  the  school  shall   continue  to  meet  the  underlying  purposes  of  the  statute  to  the   satisfaction of the commissioner and that the exemption shall be granted    only to the extent  necessary  to  implement  an  approved  twenty-first   century  school  plan  in  the  affected  school or schools and provided   further, that within thirty days of granting an  exemption  pursuant  to   this  paragraph,  the  commissioner shall provide written notice of such   action to the governor, the temporary president of the  senate  and  the   speaker of the assembly; andc.  not  be  exempt  from complying with requirements of this chapter,   rules of the board or regulations of the commissioner that  (i)  protect   the  health,  safety  and  civil  rights  of  students  and  staff, (ii)   implement the requirements of federal law or regulation,  (iii)  provide   for teacher, staff and parent participation and involvement, maintenance   of  effort or equitable participation of students and staff in nonpublic   schools, (iv) require the use of certified teachers, or (v)  pertain  to   attendance  of  pupils;  further,  nothing  herein shall be construed to   exempt a twenty-first century school  or  its  governing  district  from   complying  with  the  provisions of titles two and four of this chapter,   with the requirement to offer students the opportunity to meet  all  the   requirements  for  and  receive  a  regents  high school diploma or with   requirements to reporting data necessary for the  computation  of  state   aid.On or by October first, nineteen hundred ninety-four, the commissioner   shall promulgate and provide to the governor, the temporary president of   the  senate  and  the  speaker of the assembly a preliminary list of all   requirements from which twenty-first century schools shall  be  required   to  request  specific  exemption  as  provided  in  paragraph  b of this   subdivision  and  with  which  twenty-first  century  schools  shall  be   required  to  comply as provided in paragraph c of this subdivision. The   commissioner shall promulgate a final list of all such  requirements  on   November  first,  nineteen  hundred  ninety-four. The commissioner shall   revise  such  list  as  needed  and,  in  each  case,  shall  provide  a   preliminary revised list to the governor, the temporary president of the   senate  and  the  speaker  of the assembly at least thirty days prior to   promulgating a final revised list.4. School  evaluations  and  reports.  Each  school  designated  as  a   twenty-first  century  school shall annually review its effectiveness in   improving student performance and enabling all students  to  achieve  to   high  internationally competitive standards and shall report the results   of this review to the commissioner by September  first  next  succeeding   each  year  of  operation as a twenty-first century school. Prior to the   start of a school's third year of operation as  a  twenty-first  century   school,  the  school  and  the  commissioner  shall  jointly  review the   school's performance to identify areas in need  of  improvement  and  to   develop  revisions  to  the school's twenty-first century school plan to   remedy the identified shortcomings. If, as a result of such review,  the   commissioner   determines   that  the  school  is  unlikely  to  produce   improvement in student achievement, he or she shall commence  action  to   revoke  the  school's  designation  as  a twenty-first century school in   accordance with the provisions of subdivision five of this section.  The   trustees or board of education of each district operating a twenty-first   century  school  shall  arrange  for  an  independent evaluation of such   school's effectiveness in substantially improving  student  achievement.   Such  independent  evaluation  shall be completed and transmitted to the   commissioner within ninety days after completion of the fourth  year  of   the   school's   operation   as  a  twenty-first  century  school.  Such   independent evaluation shall be conducted by an agency selected  by  the   trustees  or  board  of  education  of  the district and approved by the   commissioner. 5. Duties of the commissioner and department. The  commissioner  shall   promulgate guidelines to implement the provisions of this section, shall   annually   review   the   performance   of  all  schools  designated  as   twenty-first century schools, shall  provide  technical  assistance  and   support,  as  appropriate,  to all such schools, and shall submit to the   regents, the legislature and the governor, no later than February first,   an annual  report  describing  the  effectiveness  of  the  twenty-first   century  schools  program,  recommending  changes  in  the  program  and   recommending changes in laws and regulations affecting all schools based   upon the experiences of twenty-first century  schools.  The  first  such   report  shall  be  submitted  no later than June first, nineteen hundred   ninety-five and shall detail  the  steps  undertaken  to  implement  the   provisions  of  this  section.  Each  such  annual report shall list and   summarize all exemptions  requested,  granted  and  denied  pursuant  to   paragraph  b of subdivision three of this section. The commissioner may,   acting either upon complaint or upon his or her own initiative, revoke a   school's designation as a twenty-first century  school  for  good  cause   shown and after affording the school an opportunity to present arguments   against revocation.6. Twenty-first century schools committee. There is hereby established   the  twenty-first  century schools committee. The committee shall advise   and assist the commissioner in developing guidelines  to  implement  the   provisions  of  this  section,  selecting  schools  for  designation  as   twenty-first century schools, reviewing the performance of such schools,   evaluating the overall effectiveness of the twenty-first century schools   program and recommending changes to the program and to laws,  rules  and   regulations   affecting  all  schools  based  upon  the  experiences  of   twenty-first century schools. The committee shall  consist  of  thirteen   members,  appointed by the governor, of whom three shall be appointed on   the recommendation of the commissioner, two on the recommendation of the   temporary president of the senate, two  on  the  recommendation  of  the   speaker  of  the  assembly,  one  on  the recommendation of the minority   leader of the senate and one  on  the  recommendation  of  the  minority   leader  of the assembly. The commissioner shall designate the chair. The   appointing authorities shall attempt to assure that  the  membership  of   the  committee  includes  representatives  of  parents, teachers, school   board members and school administrators as well  as  representatives  of   their own institutions.