2023 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.