New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 100 - Elementary and Secondary Education School Program › Section 100.19 - Takeover and restructuring of failing and persistently failing schools

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
As used in this section:
(1)
Failing school
(hereafter referred to as
struggling school
) shall mean a
				  school that has been identified as a priority school for at least three
				  consecutive school years, or as a priority school in each applicable year of
				  the three consecutive school year period comprising 2012-2013, 2013-2014 and
				  2014-2015 except one school year in which the school was not identified because
				  of an approved closure plan that was not implemented. Such term shall not
				  include schools within a special act school district as defined in Education
				  Law section 4001(8), charter schools established pursuant to article 56 of the
				  Education Law, schools that were removed from priority school designation
				  during the 2014-2015 school year, schools that ceased operation at the end of
				  the 2014-2015 school year, or schools that the commissioner has determined
				  pursuant to subdivision (b) of this section to have extenuating or
				  extraordinary circumstances that should cause the school to not be identified
				  as struggling.
(2)
Persistently failing school
(hereafter referred to as
persistently struggling school
) shall mean a school that has
				  been identified as a priority school for each applicable year from the
				  2012-2013 school year to the 2014-2015 school year, or for each applicable year
				  from the 2012-2013 school year to the 2014-2015 school year except one school
				  year in which the school was not identified because of an approved closure plan
				  that was not implemented, and has also been identified as a school requiring
				  academic progress year 5, school requiring academic progress year 6, school
				  requiring academic progress Year 7 and/or a school in restructuring for each
				  applicable year from the 2006-2007 school year to the 2011-2012 school year.
				  Such term shall not include schools within a special act school district as
				  defined in Education Law section 4001(8), charter schools established pursuant
				  to article 56 of the Education Law, schools that were removed from priority
				  school designation during the 2014-2015 school year, schools that ceased
				  operation at the end of the 2014-2015 school year or schools that the
				  commissioner has determined pursuant to subdivision (b) of this section to have
				  extenuating or extraordinary circumstances that should cause the school to not
				  be identified as persistently struggling.
(3)
Priority school
shall
				  mean a school identified as a priority school pursuant to section
				  100.18(g)  of this
				  Part prior to July 1, 2018. On or after July 1, 2018, a priority school shall
				  mean a school identified as a comprehensive support and improvement school
				  pursuant to section
				  100.21  of this Part.
(4)
School district in good
				  standing
shall mean a school district that has not been identified
				  pursuant to section
				  100.18(g)  this
				  Part as a focus district prior to July 1, 2018. On or after July 1, 2018, a
school district in good standing
shall mean a school district
				  that has not been identified pursuant to section
				  100.21  of this Part as a target
				  district.
(5)
School
				  district superintendent receiver
shall mean a superintendent of
				  schools of a school district with one or more schools designated as struggling
				  or persistently struggling pursuant to Education Law section 211-f(1)(a) or (b)
				  who, in accordance with Education Law section 211-f(1)(c) or (d), is vested
				  with all the powers granted to an independent receiver appointed pursuant to
				  Education Law section 211-f; provided that the school district superintendent
				  receiver shall not be required to create and implement a school intervention
				  plan or to convert a struggling or persistently struggling school to a
				  community school: provided further that, in the case of a struggling school or
				  persistently struggling school in which, pursuant to Education Law section
				  211-e, an educational partnership organization has assumed the powers and
				  duties of the superintendent of schools for purposes of implementing the
				  educational program of the school, such term shall mean the educational
				  partnership organization, which shall be vested with all the powers of an
				  independent receiver consistent with this section and further provided that the
				  educational partnership organization may not override any decision of the board
				  of education with respect to the contract of the educational partnership
				  organization.
(6)
Independent receiver
shall mean a non-profit entity or an
				  individual with a proven track record of improving school performance or
				  another school district in good standing appointed by a school district and
				  approved by the commissioner to manage and operate all aspects of a school that
				  the commissioner has determined shall be placed into receivership pursuant to
				  Education Law section 211-f and this section and to develop and implement a
				  school intervention plan for such school pursuant to subdivision (f) of this
				  section and convert such school to a community school, provided that, in the
				  case of an independent receiver who is an individual, such individual shall not
				  be an existing officer or employee of the school district at the time of such
				  appointment.
(7)
School
				  district
shall mean a common, union free, central, central high school
				  or city school district. The definition of school district shall not include a
				  special act school district as defined in Education Law section
				  4001(8).
(8)
Community
				  school
shall mean a school that partners with one or more agencies
				  with an integrated focus on rigorous academics and the fostering of a positive
				  and supportive learning environment, and a range of school-based and
				  school-linked programs and services that lead to improved student learning,
				  stronger families, and healthier communities. At a minimum, programs must
				  include, but are not limited, to:
(i)
				  addressing social service, health and mental health needs of students in the
				  school and their families in order to help students arrive and remain at school
				  ready to learn;
(ii) providing
				  access to services in the school community to promote a safe and secure
				  learning environment;
(iii)
				  encouraging family and community engagement to promote stronger home school
				  relationships and increase families' investment in the school
				  community;
(iv) providing access to
				  nutrition services, resources or programs to ensure students have access to
				  healthy food and understand how to make smart food choices;
(v) providing access to early childhood
				  education to ensure a continuum of learning that helps prepare students for
				  success;
(vi) offering adult and/or
				  community education opportunities, including but not limited to, access to
				  career and technical education as well as workforce development services to
				  students in the school and their families in order to provide meaningful
				  employment skills and opportunities;
(vii) offering expanded learning
				  opportunities that include after school, summer school, science, technology,
				  engineering, arts, and math programs (STEAM) and mentoring and other youth
				  development programs; and
(viii)
				  providing members of the community with access to services on school buildings
				  and grounds consistent with all applicable laws and regulations including but
				  not limited to Education Law section 414.
(9)
Superintendent
shall
				  mean the superintendent of schools or other chief school officer of a school
				  district, and for the purpose of receivership in the city school district of
				  the City of New York, superintendent shall mean the chancellor or his/her
				  designee.
(10)
Board of
				  education
shall mean the trustees or board of education of a school
				  district; provided that in the case of the city school district of the City of
				  New York, such term shall also mean the chancellor of the city school district
				  or his/her designee acting in lieu of the board of education of such city
				  school district to the extent authorized by article 52-A of the Education Law,
				  and, with respect to community school districts and New York City
				  superintendencies, such term shall mean the chancellor or his/her
				  designee.
(11)
Department
shall mean the New York State Education
				  Department.
(12)
Department-approved intervention model
or
comprehensive education plan
shall mean, for school years
				  prior to the 2019-2020 school year, a comprehensive education plan pursuant to
				  section 100.18(h)(2)(iii) 
				  of this Part, a plan for a school under registration review pursuant to section
				  100.18(1)(3)  of
				  this Part, or a school phase out or closure plan pursuant to section
				  100.18(m)(5)  of
				  this Part. For school years commencing on or after July 1, 2019,
department-approved intervention model
or
comprehensive education plan
shall mean a school comprehensive
				  education plan as defined in section
				  100.21(b)(4)(viii) 
				  of this Part, a plan for a school under registration review pursuant to section
				  100.21(l)  of this
				  Part, or a school phase out or closure plan pursuant to section
				  100.21(l)  of this
				  Part.
(13)
School
				  intervention plan
shall mean a plan created by an independent school
				  receiver and approved by the commissioner pursuant to Education Law section
				  211-f(3)-(7) and subdivision (f) of this section.
(14)
School receiver
shall
				  mean a school district superintendent serving as a receiver and an independent
				  receiver serving as a receiver pursuant to this section.
(15)
Diagnostic tool for
				  school
and
district effectiveness
shall mean a rubric
				  used in accordance with a process prescribed by the commissioner by which a
				  determination is made regarding the degree to which the optimum conditions for
				  learning have been established in a school based upon factors such as school
				  leadership and capacity, school leader practices and decisions, curriculum
				  development and support, teacher practices and decisions, student social and
				  emotional developmental health, and family and community engagement.
(16)
Consultation and
				  cooperation
and
consultation and collaboration
shall
				  mean a process by which the commissioner or his or her designee seeks input and
				  feedback through written correspondence and/or meetings (
e.g.,
in-person meetings, site visits, telephone conferences, video
				  conferences).
(17)
Consultation
or
consulted
shall mean a
				  process by which the school receiver seeks input and feedback through written
				  correspondence and meetings (
e.g.,
in-person meetings, site
				  visits, telephone conferences, video conferences).
(18)
Day
shall mean school
				  day, unless otherwise specified.