NY Educ L § 211-B (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 1 - General Organization 211-B - Consequences for Consistent Lack of Improvement in Academic Performance.

§  211-b.  Consequences for consistent lack of improvement in academic performance. In addition to taking appropriate action  pursuant  to  the regulations of the commissioner and the requirements of federal law, the following  actions  shall  be  taken  to  increase  school  and district accountability for academic performance:   1. The regents shall expand the scope and improve the effectiveness of the schools under registration review (SURR) process in the two thousand seven--two thousand eight school year and thereafter, so  as  to  ensure that all schools that meet the criteria for identification as SURR shall be  so  identified.  The  goal of such expansion shall be to identify as SURR up to a total of five percent of the schools in  the  state  within four  years,  and  to reorganize or restructure schools so identified in cases where such action is appropriate.   2. The regents shall develop a plan for increased support and possible intervention  in  schools  in   improvement,   corrective   action,   or restructuring status or in SURR status. Notwithstanding any provision of law  to  the contrary, the regents shall establish a two-step process as follows:   a. The appointment by the commissioner of a school quality review team to  assist  any  school  in  school  improvement,   corrective   action, restructuring  status  or  SURR  status in developing and implementing a school improvement, corrective action, restructuring,  or  comprehensive plan for the school. Such team may also conduct resource and program and planning  audits  and  examine  the quality of curriculum, instructional plans, and teaching in  the  schools,  the  learning  opportunities  and support  services  available  to  students,  and  the  organization  and operations of the school. After such  review,  the  team  shall  provide diagnostic  recommendations  for  school  improvement, which may include administrative and operational improvements. The recommendation of  such team  shall  be advisory. The reasonable and necessary expenses incurred in the performance of the team's official duties shall be a charge  upon the  school district, or charter school, where applicable, that operates the school.   b. The appointment by the commissioner of a joint school  intervention team,  for  schools in (i) restructuring status or (ii) SURR status that have failed to demonstrate progress as  specified  in  their  corrective action   plan   or  comprehensive  education  plan.  Administrators  and educators from the district or charter school where applicable  must  be included on the team, as well as any distinguished educator appointed to the district pursuant to section two hundred eleven-c of this part. Such team  shall  assist  the  school  district  in developing, reviewing and recommending plans for reorganizing or reconfiguring  of  such  schools. The  recommendations of such team should be advisory. The reasonable and necessary  expenses  incurred  in  the   performance   of   the   school intervention  team's  official  duties shall be a charge upon the school district, or charter school where applicable, that operates the school.   3. A school district that has been identified  as  requiring  academic progress,  as  defined by 100.2(p)(7) of the commissioner's regulations, or includes one or more schools under registration review,  in  need  of improvement,  in  corrective  action  or  restructuring  status shall be required to submit a district improvement plan to the  commissioner  for approval.  In  formulating  the  district improvement plan, the district shall consider redirecting resources to programs and activities included in the menu of options under subdivision three of  section  two  hundred eleven-d  of this part in the schools so identified. If such options are not adopted in the district improvement plan, the school district  shall provide  the  commissioner  with  an  explanation of such decision which shall be considered  by  the  commissioner  in  determining  whether  to  approve  such  plan.  The  trustees  or  board of education shall hold a public hearing before adoption of the district improvement  plan  and  a transcript  of  the  testimony at such hearing shall be submitted to the commissioner for review with the district improvement plan.   4.  The  commissioner shall develop a plan for intervention in schools under restructuring or SURR status that fail to demonstrate progress  on established  performance  measures and may be targeted for closure. Such plan shall specify criteria for school closure and include processes  to be  followed, research based options, and alternatives and strategies to reorganizing, restructuring or reconfiguring schools. Such plan shall be developed with input from  educators  including,  but  not  limited  to, administrators,  teachers  and  individuals  identified as distinguished educators pursuant to section two hundred eleven-c of this part.   5. (a) The regents shall ensure that all school districts  include  in any  contract  of  employment, entered into, amended, or extended with a superintendent  of  schools,   community   superintendent   or   deputy, assistant,  associate or other superintendent of schools who has been or will be appointed for a fixed term,  a  provision  requiring  that  such contract  specify that the superintendent shall be required to cooperate fully with any distinguished  educator  appointed  by  the  commissioner pursuant to section two hundred eleven-c of this part.  (b)   In   the   case   of  a  superintendent  of  schools,  community superintendent or deputy, assistant, associate or  other  superintendent of  schools  who  is  not  appointed  for  a  fixed  term,  the contract provisions contained in paragraph  (a)  of  this  subdivision  shall  be deemed to apply to such superintendent immediately.  (c) In the case of a charter school, the contract of employment of the principal  or  headmaster  or  other chief school officer of the charter school that is entered into, amended or extended shall also be  required to   include   the   provisions  contained  in  paragraph  (a)  of  this subdivision. In addition, such contract provisions shall  be  deemed  to apply immediately to any such person not appointed for a fixed term.