This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.
Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].
| State |
Status/Date |
Level |
Summary |
 CA | Signed into law 09/2012 | P-12 | From bill summary: Authorizes the superintendent of public instruction to reassume the rights, duties, and powers of a district receiving an emergency apportionment during the period of the trustee's appointment and when specified improvement plans are violated (existing law allowed for superintendent to reassume rights, duties, and powers if the district violates a provision of the recovery plans within 5 years after the trustee is removed.) http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2662_bill_20120926_chaptered.pdf
Title: A.B. 2662 - State Superintendent Reassuming Rights, Duties, Powers of Insolvent District
Source: www.leginfo.ca.gov
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| CA | Signed into law 09/2012 | P-12 | Amends conditions under which a trustee and necessary staff appointed to a district receiving an emergency apportionment must serve (a trustee must be appointed to a district by the superintendent of public instruction if the district board requests an emergency apportionment after determining during a fiscal year that its revenues are less than the amount needed to meet its current year expenditure obligations). New provisions require trustee to serve until the district has adequate fiscal systems and controls in place, the superintendent of public instruction determines that the district's future compliance with an approved fiscal plan is probable, and the superintendent of public instruction decides to terminate the trustee's appointment, but in no event, for less than 3 years.
Authorizes the county superintendent of schools who has jurisdiction over the district, after the trustee's period of service and until the loan is repaid, to stay or rescind an action of the district board that, in his/her judgment, may affect the district's financial condition. Requires the county superintendent of schools to notify the superintendent of public instruction within 5 business days of staying or rescinding an action of the district board. If the superintendent of public instruction receives this notice from the county superintendent of schools, requires the superintendent of public instruction to report to the legislature, on or before December 30 of every year, whether the district is complying with the fiscal plan approved for the district.
Authorizes the superintendent of public instruction, within 5 years after an appointed trustee is removed or the emergency apportionment is repaid, whichever occurs later, to reassume, either directly or through an
administrator, all of the legal rights, duties, and powers of the district board if the district violates any provision of specified recovery plans approved by the superintendent of public instruction. Authorizes a qualifying district's governing board, after one complete fiscal year has elapsed following the qualifying district's acceptance of an emergency apportionment, to conduct an annual advisory evaluation of the administrator appointed by the superintendent of public instruction. Requires the evaluation criteria to be agreed upon by the district board and the administrator. Requires the advisory evaluation of the administrator to be submitted to the governor, legislature,superintendent of public instruction, and the County Office Fiscal Crisis and Management Assistance Team.
Incorporates additional changes in Section 41326 of the Education Code, proposed by AB 2662 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2662_bill_20120926_chaptered.pdf), to be operative only if AB 2662 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.
http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2251-2300/ab_2279_bill_20120921_chaptered.pdf
Title: A.B. 2279
Source: www.leginfo.ca.gov
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| CA | Signed into law 09/2012 | P-12 | From bill summary: Expresses legislative intent to provide emergency apportionment assistance to the Inglewood Unified School District. Requires the state superintendent to assume all the rights, duties, and powers of the governing board of the Inglewood Unified School District and to appoint, in consultation with the Los Angeles County Superintendent of Schools, a state administrator to act on behalf of the state superintendent in exercising the state superintendent's authority over the school district. Continues the authority of the state superintendent and the state administrator over the Inglewood Unified School District
until certain enumerated conditions are met, including the completion of assessment and improvement plans for the district.
Requires the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to provide specified assistance relating to the development of a multi-year financial recovery plan, the preparation of budget reports, and the recommendation of activities that could enhance revenue or achieve cost savings.
Requires the Inglewood Unified School District to bear 100% of the costs associated with implementing the provisions relating to the administration of the emergency apportionment assistance and the activities of the FCMAT, thereby imposing a state-mandated local program. Appropriates up to $29,000,000 from the General Fund to the state superintendent for apportionment as an emergency loan to the Inglewood Unified School District, and specifies procedures for repayment of the loan unless the loan has been refinanced. Authorizes the district to augment the emergency apportionment or loan with an additional $26,000,000 of bank financing. Authorizes the district to sell district-owned property from September 1, 2012, to June 30, 2015, and use the proceeds from the sale to reduce or retire the emergency loan. Prohibits the district from being eligible for financial hardship assistance under the Leroy F. Greene School Facilities Act of 1998 from June 1, 2012, to June 30, 2015.
Makes legislative findings and declarations that the unique circumstances of the Inglewood Unified School District warrant the enactment of a special statute. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0501-0550/sb_533_bill_20120914_chaptered.pdf
Title: S.B. 533
Source: www.leginfo.ca.gov
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| TN | Signed into law 05/2012 | P-12 | Directs commissioner of education to establish appropriate performance goals and measures for LEAs. Rewards LEAs that reach the achievement and achievement gap closure targets. Stipulates corrective action for LEAs that do not meet targets. Requires public reporting at least every three years. Defines accountability rankings for LEAs. Details three types of interventions for low-achieving schools: school turnaround through school improvement grant (SIG); turnaround through creation of LEA Innovation Zone; or placement into achievement school district. Authorizes commissioner to appoint individuals, nonprofit or governmental entities to manage school operations when founding an achievement school district.
http://www.capitol.tn.gov/Bills/107/Bill/SB2208.pdf
Title: S.B. 2208
Source: http://www.capitol.tn.gov
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| AR | Signed into law 04/2011 | P-12 | If the state board orders the takeover of a school district under authority and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district. The state board may designate the authority granted under this subdivision to the Commissioner of Education. (Sec 1)
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act989.pdf
Title: S.B. 383
Source: http://www.arkleg.state.ar.us
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| KY | Emergency Rule Adoption 01/2010 | P-12 | Establishes the processes to be followed during a school leadership assessment and district leadership assessment after a school is identified as low-achieving, per 2010 H.B. 176 (http://www.lrc.ky.gov/record/10RS/HB176/bill.doc). Defines "assessment team", "district leadership assessment", "needs assessment" and "school leadership assessment". Establishes rules to help identify the entity authorized to select an intervention option. Establishes reform activities permitted under each of the intervention options (external management, restaffing, school closure and transformation) established in H.B. 176. Establishes procedures for the commissioner of education to follow in selecting External Management Organizations for those schools undergoing the external management intervention option. http://www.lrc.ky.gov/kar/703/005/180reg.htm
Title: 703 KAR 5:180
Source: www.lrc.ky.gov
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| KY | Signed into law 01/2010 | P-12 | Amends accountability provisions in KRS 160.346. Defines "persistently low-achieving school". Defines "school intervention" as a process chosen by a school council, a superintendent and a local board, or the commissioner of education or designee with state board approval, to turn around a persistently low-achieving school. Repeals certain language regarding actions of an audit team in relation to a school under accountability sanctions. Directs an audit team auditing a persistently low-achieving school to include in its review and report (1) a determination of the school council and principal's ability to lead the intervention in the persistently low-achieving school and (2) a recommendation to the commissioner of education as to whether the council should be replaced, and whether the current principal should remain as principal in the school. Repeals language allowing authority for a low-performing school to be transferred to a "highly skilled educator"; adds new language providing that if the audit team recommends transferring the school council's authority, the team may recommend that (1) such authority be transferred to the commissioner of education, who must designate staff to manage the school, and/or (2) the council members be replaced by the commissioner of education.
Requires an audit team auditing the district of a persistently low-achieving school to include in its review and report a determination of the district's ability to manage the intervention in the persistently low-achieving school. Requires the commissioner of education, within 30 days of receiving the reports of the school and district audits, to act on the recommendations in the reports and other relevant data. Existing law permits the school council of a low-performing school to appeal the commissioner's action on the audit team' recommendations; new provision additionally allows the local board to appeal the commissioner's action, and requires the state board to hold a special meeting for action on the appeal if the state board is not scheduled to meet within 30 days of receipt of an appeal of the commissioner's decision.
Existing legislation allows powers, duties and authority for an underperforming school to be transferred to the local superintendent or a highly skilled educator; new provisions replace such language with references to transfer of powers, duties and authority to local superintendent, commissioner of education, or his/her designee.
Requires persistently low-achieving schools to select one of five intervention options: (1) "external management option" (day-to-day operations transferred to a for-profit or nonprofit education management organization (EMO); provides the EMO may make personnel decisions; (2) "restaffing option" (replacement of principal and school-based decision making council unless recommended otherwise, retention of no more than 50% of school staff, development and implementation of an action plan using research-based school improvement initiatives to improve student performance); (3) "school closure option" (transfer of students to district schools meeting accountability measures, reassignment of school staff, potential nonrenewal of contracts, dismissal, demotion, or a combination of such personnel actions); (4) "transformation option" (replacement of principal and of school council unless the audit report recommends otherwise, institution of an extensive set of specified strategies designed to turn around the identified school); (5) any other model recognized by the federal No Child Left Behind Act or its successor. Directs the state board to adopt rules establishing the process and procedures for implementing the enumerated intervention options.
Specifies that professionally negotiated contracts by a local board of education shall not take precedence over the requirements of the "restaffing", "school closure" and "transformation" options. Directs the state department of education to provide services and support to assist persistently low-achieving schools.
Directs the state department of education, based on the 2009 Advanced Placement results of schools participating in the "Advance Kentucky" initiative http://www.advancekentucky.com/Default.aspx, to include in the state's Race to the Top application a description of the intent to expand Advance Kentucky schools by 20 schools a year over a four-year period. Directs the state department of education to provide 50% of all program costs, with all additional costs to be covered by grants from philanthropy, local district funding, and other sources of funding, including legislative appropriation. http://www.lrc.ky.gov/record/10RS/HB176/bill.doc
Title: H.B. 176
Source: www.lrc.ky.gov
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| CA | Signed into law 07/2009 | P-12 | Expresses the intent of the Legislature to provide emergency apportionment assistance to the King City Joint Union High School District and makes an appropriation for an emergency loan to the district. Requires the state superintendent of public instruction to assume all rights, duties and powers of the governing board of the King City Joint Union High School District and to appoint a state administrator to exercise the superintendent's authority over that district. Provides the authority of the superintendent of public instruction and the state administrator must continue until all of specified conditions are met. Provides the superintendent of public instruction may return power for any of the areas of financial, pupil, personnel, facilities management or community relations if performance under the recovery plan for that area has been demonstrated to the satisfaction of the superintendent of public instruction. Directs the superintendent of public instruction to assist the district in specified tasks. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0101-0150/sb_130_bill_20090722_chaptered.pdf
Title: S.B. 130
Source: www.leginfo.ca.gov
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| OH | Signed into law 07/2009 | P-12 | Provides that a separate accountability compliance commission must be established for each school district for which the state superintendent opts to establish a commission due to noncompliance with financial budgeting or reporting requirements per section 3306.33. Establishes protocols for accountability compliance commissions. Provides the commission may do any of the following:
(1) Prepare and submit the school district's spending plan required under section 3306.30 and, if applicable, section 3306.31
(2) Appoint school building administrators and reassign administrative personnel
(3) Terminate the contracts of administrators or administrative personnel
(4) Contract with a private entity to perform school or district management functions
(5) Establish a district budget and approve district appropriations and expenditures, unless a financial planning and supervision commission has been established for the district
(6) Exercise the powers, duties and functions with respect to the district as are granted to a financial planning and supervision commission, unless a financial planning and supervision commission has been established for the district.
Directs each commission to seek local board input on means to improve district operations and compliance with state requirements, but clarifies that any decision of the commission related to any authority granted the commission by statute is final. Provides that if any board of a district for which an accountability compliance commission has been established renews any collective bargaining agreement, the board cannot enter into any agreement that would render any decision of the commission unenforceable. Provides that an accountability compliance commission will cease to exist at the beginning of the first year that none of the circumstances described in division (A) of section 3306.33 apply to the district. Pages 1111-1113 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.34
Source: www.legislature.state.oh.us
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| OH | Signed into law 07/2009 | P-12 | By July 2011, directs the department of education to provide technical assistance to that either has failed to comply with any applicable expenditure or reporting standard prescribed by rule adopted under section 3306.25, or that fails to submit a spending plan under section 3306.30 and, if applicable, section 3306.31, in order to bring the district into compliance with expenditure and reporting standards. Also requires such a district to develop and submit to the department a three-year operations improvement plan; notify all parents of students of the standards or requirements that were not met, the actions being taken to meet the standards or requirements and any progress to date toward meeting requirements; and present the plan, and take public testimony with respect to it, in a public hearing before the board. Provides that if one of the triggers applies a second consecutive year, the department must provide technical assistance and the district must perform the aforementioned actions, plus the department must establish a state intervention team to evaluate all aspects of the district's operations, including management, instructional methods, resource allocation and scheduling, and make recommendations on methods for bringing the district into compliance with the applicable standards. Provides that if one of the triggers applies a third consecutive year, whether it is the same or different trigger as in preceding years, the state superintendent must establish an accountability compliance commission or appoint a trustee to manage the district in place of the local board until the beginning of the first year that neither of the triggers applies to the district. Provides that if either trigger applies for a fourth consecutive year, the state board must take action to revoke the district's charter.
Pages 1109-1111 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.33
Source: www.legislature.state.oh.us
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| LA | Vetoed 07/2009 | P-12 | Specifies criteria that exempts a school from being transferred to the state-run Recovery School District, even if the school is low performing.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=664617
Title: H.B. 495
Source: http://www.legis.state.la.us/
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| TX | Signed into law 06/2009 | P-12 | Amends language regarding actions the commissioner may take as regards a district that does not satisfy accreditation criteria, academic performance standards or any financial accountability standard. Provides that the commissioner may order the preparation of a student achievement improvement plan that addresses each student achievement indicator under Section 39.053(c) for which district performance is insufficient. Provides that if a district fails to satisfy any standard under Section 39.054(e), the commissioner may appoint a board of managers to exercise the powers and duties of the board of trustees. Provides that if for two consecutive years a district has failed to satisfy any standard under Section 39.054(e), the commissioner may revoke the district's accreditation and order the district's annexation to an adjoining district or, in the case of a home-rule district or charter school, order closure of all programs operated under the district's or school's charter. Specifies several potential sanctions for a district that fails to satisfy any standard under Section 39.054(e) due to the district's dropout rates.
Amends language regarding actions the commissioner may take as regards a campus whose performance is below any standard under Section 39.054(e). Repeals provision allowing the commissioner to permit the campus to participate in an innovative redesign of the campus to improve campus performance. Repeals language establishing certain sanctions for low-performing campuses (e.g., ordering a hearing by the local board of trustees at the campus, ordering the preparation of a report on campus's parental involvement program, ordering a report on the effectiveness of the district- and campus-level planning and decision-making committees, ordering the preparation, state approval and implmementation of a student improvement plan).
Adds that if a campus performance is below any standard under Section 39.054(e), the commissioner may establish a school community partnership team that includes members of the campus-level planning and
decision-making committee and additional community representatives. Provides that if the commissioner determines that a campus subject to interventions or sanctions has implemented substantially similar intervention measures under federal accountability requirements, the commissioner may accept the substantially similar intervention measures as measures in compliance with state-level sanctions/interventions policy.
Amends provisions relating to a campus whose performance satisfies performance standards under Section 39.054(e) for the current school year but that would not satisfy performance standards under Section 39.054(e) if the standards to be used for the following school year were applied to the current school year. Provides that on the commissioner's request, the campus-level committee must revise and submit to the commissioner the portions of the campus improvement plan that are relevant to those areas for which the campus would not satisfy performance standards. Provides that if the campus is a charter school, the campus must establish a campus-level planning and decision-making committee and develop a campus improvement plan. On the commissioner's request, directs the charter school to submit to the commissioner the portions of the campus improvement plan that are relevant to those areas for which the campus would not satisfy performance standards.
Amends provisions related to campus intervention teams. Requires the commisioner to assign any campus whose performance is below any standard under Section 39.054(e) a campus intervention team. Requires the team, with the involvement of the school community partnership team, if applicable, to conduct a targeted on-site needs assessment relevant to an area of insufficient performance or, if the commissioner determines necessary, a comprehensive on-site needs assessment (former language called for a comprehensive on-site needs assessments for low-performing schools). Directs a campus intervention team to develop a *targeted* improvement plan (former language called for creation of "school improvement plan for student achievement"). Additionally directs the campus intervention team to assist the campus in submitting the targeted improvement plan to the board of trustees for approval and presenting the plan in a public hearing. Clarifies that teams must use *all* of enumerated guidelines and procedures relevant to each area of insufficient performance in conducting a targeted on-site needs assessment, and must use each of the enumerated guidelines and procedures in conducting a comprehensive on-site needs assessment. Adds that all targeted (as appropriate) and comprehensive on-site needs assessments must include (1) an assessment of the percentage of teachers who are fully certified, (2) an assessment of the extent and quality of the mentoring program for teachers with less than two years teaching experience in the subject or grade level to which they are assigned, and (3) a comparison of findings of specified elements against other campuses serving the same grade levels in the district or to other campuses within the campus's comparison group if there are no other campuses within the district serving the same grade levels as the campus. Provides that if the campus has a school community partnership team, the campus intervention team must seek the involvement and advice of the partnership team in recommending actions relating to any area of insufficient performance. Adds teacher recruitment and retention strategies as an area upon which the campus intervention team and school community partnership team may make recommendations following completion of the on-site needs assessment. Provides that in executing a targeted improvement plan, the campus intervention team must, if appropriate, require the district to develop a teacher recruitment and retention plan to address the qualifications and retention of the teachers at the campus.
Directs the campus intervention team to help the campus submit the targeted improvement plan to the commissioner for approval. Provides the commissioner may authorize a school community partnership team to supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee. Provides the commissioner may authorize a targeted improvement plan or updated plan to supersede the provisions of and satisfy the requirements of developing, reviewing and revising a campus improvement plan.
Updates language to provide that a campus intervention team must work with a campus with an unacceptable performance rating until the campus satisfies all performance standards under Section 39.054(e) for a two-year period (or a one-year period under certain circumstances). Provides that the campus intervention team must additionally assist the low-performing campus in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require improvement, and submit each such updated plan to the district board of trustees. Directs the board of trustees to conduct a public hearing to inform the public and solicit public comment after a targeted improvement plan or updated plan is submitted, and to submit the targeted improvement plan or any updated plan to the commissioner for approval.
Pages 96-109 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 3 - Section 59 - Part IV
Source: www.legis.state.tx.us
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| OK | Signed into law 05/2009 | P-12 | Requires district boards of education for schools identified for improvement for a specified number of consecutive years to implement alternative governance arrangements; provides that such arrangements include reopening the school as a public charter school, replacing the school staff, entering into a contract with a private management company, and other arrangements; provides that the state board of Education shall retain all funds that would have been allocated to the school upon failure to comply.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB268_ENR.RTF
Title: S.B. 268
Source: http://webserver1.lsb.state.ok.us
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| LA | Signed into law 07/2008 | P-12 | The recovery district shall retain jurisdiction over any school transferred to it for academic crisis purposes for a period of not less than five school years not including the school year in which the transfer occurred if the transfer occurred during a school year. At the end of the initial transfer period, the school may be returned to the system from which it was transferred unless the school is continued in the recovery district.
Requires that a public hearing be conducted within the jurisdiction of the parish, municipality, or other local public school board from which the school was transferred prior to expiration of an initial or subsequent transfer period.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=504081
Title: H.B. 909
Source: http://www.legis.state.la.us/
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| AZ | Signed into law 04/2008 | P-12 | Relates to intervention in mismanaged school districts.
A. Provides the Department of Education shall investigate a school district for systemic educational mismanagement if: 1) fifty percent or more of the schools in the district are designated underperforming or failing to meet academic standards; or 2) at least one school in the district has been designated a school failing to meet academic standards pursuant to Section 15-241.
B. Provides for the procedure to be followed if those conditions are found. The department of education shall immediately recommend a person to serve as the superintendent of the school district to the state board of education. The state board must approve or deny the recommendation. If the state board approved the recommendation, the person shall be immediately appointed the superintendent of the school district. The department of education must develop and adopt a list of persons qualified to serve as superintendents for the purposes of this section.
C. On appointment of the superintendent of the school district, the superintendent is to begin a full review and investigation of the school district's educational affairs and submit to the state board of education a detailed report listing the findings of that investigation. The report is to include a detailed educational improvement plan showing how the school district will improve the educational management of the school district and how the school district will raise the level of academic achievement so that all of the schools in the school district are designated as performing schools or better pursuant to Section 15-241. The plan must include a proposed timetable for improving academic achievement. The superintendent is to submit the report within 120 days after appointment. The state board of education shall appoint the superintendent for a term of three years.
The educational improvement plan approved by the state board of education may authorize the superintendent to do any of the following:
1) Override any decisions of the school district's governing board concerning the management, operation, curriculum and instruction of the school district, and initiate and make decisions concerning the management and operation of the school district.
2) Hire personnel, terminate personnel and cancel existing employment contracts, to the extent permitted by law. The superintendent may refuse to reemploy an certificated teacher who has not been employed by the school district for more than the major portion of three consecutive school years as provided in Section 15-536.
D. The superintendent shall promptly report any violations of law to the state board of education.
E. On review and approval of the state board of education, the superintendent shall take all necessary steps to implement the educational improvement plan utilizing those powers identified in the plan as prescribed in Subsection C of this section.
F. The salary and benefits of the superintendent and any officers or employees appointed by the superintendent or the state board of education are to be paid by the school district. The state board of education is to determine the salary for the superintendent and any officers or employees appointed by the superintendent based on amounts recommended by the state board.
G. The superintendent is to submit a quarterly progress report to the state board of education beginning ninety days after the report required pursuant to Subsection C of this section.
H. The state board of education is to formally review the superintendent's progress every six months. If, based on the quarterly progress reports, the state board may remove the current superintendent and appoint another superintendent or officer for the school district. If, based on the quarterly progress reports, the state board determines that the school district no longer has systemic educational mismanagement and has achieved adequate academic progress, the state board may remove the powers identified in the plan as prescribed in Subsection C of this section.
I. The state board of education may dismiss the superintendent for cause or on a majority vote of no confidence in the superintendent of the state board.
J. The assumption of control of the school district by the superintendent shall in no way interfere with the election of school district governing board members.
K. For the purposes of this section, "superintendent" means the chief executive officer of the school district.
Chapter No. 139
http://www.azleg.gov/legtext/48leg/2r/bills/hb2711h.pdf
Title: H.B. 2711
Source: http://www.azleg.gov
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| PA | Signed into law 07/2007 | P-12 | These provisions set parameters for how staff of a "distressed" district in which pupils have been reassigned to another district are to be hired. For example, employees go into a pool and are to be offered employment by bordering districts whenever there is a vacancy to fill, provided no employee within the district with the vacancy is certified to fill the position. Section 14 (Section 1607.1) gives the secretary authority to designate two or more districts that must accept on a tuition basis the high school students from a distressed district -- so long as the designated district's border is no more than three miles from the distressed district's border. (Defines as a district that has operated under a special board of control or has been placed on the education empowerment list.) Sets mechanisms for how high school students from distressed school districts are reassigned. Sets tuition rates for receiving districts and requires distressed districts to provide transportation. Section 16 (Section 1704.1-B) authorizes a district superintendent to recommend to the board of school directors dismissal of a management employee for unsatisfactory performance or wilful misconduct. Section 18 (Section 1707-B(b) is amended to change the membership of a board of control in an education empowerment district from five to seven residents of the district -- five of whom are appointed by the mayor and two elected by and from the members of the elected board of school directors.
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=0842&pn=2347
Title: H.B. 842, Sec. 5 (Section 113 (c) of the Act)
Source: http://www.legis.state.pa.us
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| LA | Signed into law 06/2007 | P-12 | Grants the Recovery School District the same authority to procure services and property afforded to a city, parish, or other local public school system. http://www.legis.state.la.us/billdata/streamdocument.asp?did=449273
Title: S.B. 154
Source: Lexis-Nexis/StateNet
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| MD | Veto overridden: legislature has overridden governor's veto 04/2006 | P-12 | Prohibits the State Board of Education and the State Superintendent of Schools from imposing a certain restructuring of a governance arrangement of specified schools in Baltimore City or from removing a public school from the direct control of the City Board of School Commissioners; makes repeals, enacts and amendments.
http://mlis.state.md.us/2006rs/bills/hb/hb1215e.pdf
Title: H.B. 1215; S.B. 914
Source: Maryland Legislature
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| ID | Signed into law 03/2006 | P-12 | Authorizes the state board to issue an order for state supervision of a local school district. States that when the state board enters an order for state supervision of a local school district, the district supervisor shall be appointed pursuant to section 33-909, Idaho Code, at local school district expense. Clarifies that in the case of appointment by the superintendent of public instruction, the district supervisor shall serve at the pleasure of the superintendent of public instruction, and that in the case of appointment by the state board, the district supervisor shall serve pursuant to section 33-909 Idaho Code.
http://www3.state.id.us/oasis/H0743.html
Title: H.B. 743 Section 2
Source: www3.state.id.us
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| CO | Vetoed 06/2005 | P-12 | Repeals and reenacts the corrective action provisions for underperforming public schools. Requires the state board to annually notify each district and the state charter school institute as to which, if any, of its schools received a "low" or "unsatisfactory" rating in the state accountability system. Requires the department to adopt a school performance review process for schools rated "unsatisfactory." Requires the school performance review process to include creation of one or more school support teams to review each school rated "unsatisfactory" and make recommendations for an improvement plan with corrective actions. Permits the department, provided funds are available, to provide reviews and training for school support teams for schools rated "low." Allows each district and the institute to establish its own school performance review process, subject to department approval and to request comprehensive training for school support teams thereby established, which training the department must provide.
Requires the department to provide comprehensive training to school support teams that must ensure each team member has a thorough knowledge of the department's standards and indicators for continuous school improvement and understands how to apply the standards and indicators in evaluating a school's performance.
Beginning with the academic performance ratings for the 2004-2005 school year, requires a school receiving an "unsatisfactory" rating to undergo a review by a school support team and for the team to develop recommendations for an improvement plan with corrective actions. Mandates that the school begin implementing the improvement plan by the fall semester of the academic year following that in which the school received notice of inadequate performance. Establishes circumstances under which a school with an "unsatisfactory" rating is subject to restructuring or may cease to be subject to the school improvement action cycle.
Beginning with the academic performance ratings for the 2004-2005 school year, requires a district or the state charter school institute containing a school receiving a "low" rating that meets other additional criteria to review the school's operations and develop an improvement plan with corrective actions for the school. Mandates that the school begin implementing the improvement plan by the fall semester of the academic year following that in which the school received notice of inadequate performance. Establishes circumstances under which a school with a school improvement plan thus created may cease to be subject to the school improvement plan.
Establishes procedures for a school support team to conduct a performance review of a school and requires the team to prepare a comprehensive performance review report for the school. Requires a school that has received a performance review report to develop an improvement plan with corrective actions based on the findings and recommendations in the report. Requires the improvement plan to identify one or more from a list of specified corrective actions.
Requires a school support team member to provide an implementation review for a school that has implemented an improvement plan for one full school year, and to prepare an implementation review report. Specifies content of report.
Requires a school subject to restructuring to alter its governance structure. Sets forth procedures and options for such. Allows a district or the state charter school institute to voluntarily restructure a public school at any point in the school improvement action cycle at least 60 days before the determination that a school is required to restructure. Such a restructuring plan is not subject to the aforementioned altered governance structure provisions. States that if the state board determines that the school's restructuring plan is a major restructuring of the school's governance, the school will cease to be subject to the school improvement action cycle until such time as the school may again be subject to the school improvement action cycle by receiving an "unsatisfactory" or qualified "low" rating.
Sets forth procedures for a local board to convert a school subject to restructuring to a charter school.
Specifies that low-performing alternative education campuses are subject to the improvement plan and corrective action subsequent to a performance review report in the same manner as regular public schools.
Modifies closing the achievement gap program; deletes language that the program is to provide extensive assistance to an eligible school at risk of being converted into a charter school. Replaces with language that the program must provide extensive assistance to an eligible school at risk of governance restructuring as set forth in statute 22-7-909 (above).
Creates new paragraph allowing a charter to be revoked subsequent if it is determined that a charter school failed to show adequate improvement in its overall academic performance rating and is therefore subject to governance restructuring.
http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/7FFA7A4A0AF5D39087256F4E0000C637?Open&file=1216_enr.pdf
Title: H.B. 1216
Source: www.leg.state.co.us
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| AR | Signed into law 04/2005 | P-12 | Establishes the Arkansas Public School Academic Facilities Program Act. Requires the Division of Public School Academic Facilities and
Transportation to develop a comprehensive Arkansas Public School Academic Facilities Program that includes an academic facilities master plan program; an academic facilities custodial, maintenance, repair, and renovation manual; a public school academic facility manual; a public school academic equipment manual; and an academic facilities distress program. Defines each of the components of the Arkansas Public School Academic Facilities Program and the areas each component must address.
Establishes the provisions of the academic facilites master plan program, which requires every local board to approve a ten-year districtwide facilities master plan for submission to and approval by the division of public school academic facilities and transportation. Specifies the required content of every district's facilities master plan.
Requires the Division of Public School Academic Facilities and Transportation to identify a public school or school district as being in academic facilities distress if the division determines that the public school or school district has engaged in actions or inactions that result in any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, or any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district. Requires the division to provide the district with written notification of its being in academic facilities distress. Requires a public school or school district identified as being in facilities distress to develop a facilities improvement plan within 30 days from the date of receipt of the notice and promptly submit the facilities improvement plan to the division for review and approval, and revise the plan on a periodic basis.
Authorizes the division to:
--Provide on-site technical evaluation and assistance to any school district identified to be in facilities distress, and to make recommendations to the district superintendent regarding the care and maintenance of any academic facility in the district. Requires the district in facilities distress to accept such on-site technical evaluation and assistance.
--Require the superintendent to relinquish all administrative authority with respect to the school district and appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Director of the Division of Public School Academic Facilities and Transportation.
--Suspend or remove all of the current board members and call for the election of a new school board for the district, in which case the school district must reimburse the county board of election commissioners for election costs as otherwise required by law;
--Require the school district to operate without a local board under the supervision of the local superintendent or an individual or panel appointed by the director of the division;
--Return the administration of the school district to the former board or place the administration of the school district in a newly elected school board;
--Require school district staff and employees to attend training in areas of concern for the public school or school district;
--Require a school district to cease immediately all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project.
--Notify the public school or school district in writing that the deficiencies regarding academic facilities must be corrected within a
time period designated by the division;
--Petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as specified in statute in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district. Allows the state board to consolidate, annex, reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within two consecutive school years of receipt of notice of identification of facilities distress status by the division; and
--Take any other action allowed by law that is deemed necessary to assist a public school or school district in removing criteria of facilities distress.
Allows a district to appeal the state board's consolidation, annexation, or reconstitution decision to the Commission for Public School Academic Facilities and Transportation. Authorizes the commission to reverse the action of the state board if the commission finds that the school district could not remove itself from facilities distress due to external forces beyond the school district's control.
Allows any student attending a public school district classified as being in facilities distress to be automatically eligible to transfer to another geographically contiguous school district not in facilities distress during the time period that a district is classified as being in facilities distress. Requires transportation costs to be paid by the resident district and the nonresident district to count the student for average daily membership purposes.
Requires the Division of Public School Academic Facilities and Transportation to conduct random unannounced on-site inspections of all academic facilities that have been funded wholly or in part by moneys from the state to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan. Requires the division to report to the Commission for Public School Academic Facilities and Transportation within 30 days of completion of the on-site inspections.
Establishes a process for a school district to appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Public School Academic Facilities and Transportation.
Repeals Arkansas Code § 6-20-1402 on school districts' authority to borrow money for building or repairing school facilities and Arkansas Code § 6-11-130 on custodial and maintenance care for school facilities.
Full text of bill as enacted: http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB593.pdf
Title: S.B. 593
Source: www.arkleg.state.ar.us
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| MD | Rule Adoption 06/2003 | P-12 | A. If the State Board of Education rejects a local board of education reconstitution proposal, school improvement plan, or annual update, or approves the recommendation of the State Superintendent of Schools for State reconstitution of a school, the State Board of Education shall reconstitute the school.
B. Contract With Third Party.
(1) The State Board of Education may order the school to be operated under contract with a third party pursuant to conditions established by the State Board of Education.
(2) The State Board of Education, the local board of education, and the third-party contractor shall be parties to the contract.
(3) The contract may be for an initial term not to exceed 5 years, and may be subject to renewal upon review and approval by the State Board of Education.
(4) The contract shall include specific benchmarks by which the third-party contractor shall be measured. The State Board of Education shall monitor the contractor's performance.
(5) The local school system shall pay to the third-party contractor for the term of the contract the higher of an amount equal to the average system-wide per pupil expenditure times the full time equivalent enrollment for kindergarten and higher grades in the State reconstituted school as of September 30, or the total actual cost of operating the school for the previous school year. Adjustments in the average per pupil expenditure calculation may be made for certain targeted funding programs in accordance with the legal requirements for those programs. In addition the contractor will receive funds equal to the amount of support the school system received in the previous school year for pre-kindergarten services at the identified school.
C. Penalty Procedure. If a local school system fails to comply with any of the provisions of this chapter, the State Superintendent of Schools may require the State Comptroller to withhold from that school system, pursuant to Education Article, §2-303(b), Annotated Code of Maryland, all or any part of:
(1) An appropriation made by the General Assembly; and
(2) Any other payment from funds budgeted by the State.
D. The State Board of Education may, for good cause shown, shorten or extend the procedural time limitations set forth in this chapter.
Title: COMAR 13A.01.04.10
Source: Westlaw
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| CA | Signed into law 05/2003 | P-12 | Appropriates funds to provide the Oakland Unified School District with an emergency loan. Requires the Superintendent of Public Instruction to appoint a trustee to oversee the operations of the district and to approve disbursements. Requires the district to develop a financial recovery plan. Authorizes the administrator to enter into agreements and to change existing policies. Provides that the school district is ineligible for hardship state funding during that time. http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_39_bill_20030602_chaptered.html
Title: S.B. 39
Source: California Legislative web site
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| LA | Signed into law 05/2003 | P-12 | Specifies that any elementary or secondary school found academically unacceptable under the state school accountability system must be designated a "failed school." If the local board 1) does not present the state board with a plan to reconstitute the failed school, or 2) presents an unacceptable reconstitution plan, or 3) fails at any time to adhere to the reconstitution plan approved by the state board, or if the school is identified as academically unacceptable for four consecutive years, jurisdiction over the school is to be transfered from the district to that of the Recovery School District, subject to state board approval.
Requires a failed school to be reorganized and operated by the Recovery School District in the manner most likely to raise school performance to an acceptable level as determined by the accountability plan. Requires the Recovery School District to maintain jurisdiction over any school transferred to it until the state board, upon recommendation by the district's adminstering agency, establishes an agreement with the local board to return the school to the local board's jurisdiction. State board must require the RSD's administering agency to seek return of the school to the local district when the school is no longer academically unacceptable. Details components that such agreement must include.
Specifies that when a school transferred to the Recovery School District has been operated by RSD for four years and is still academically unacceptable, state board must 1) Revoke all school approval; 2) Require the Recovery School District to end the operational agreement and offer an alternate operational agreement; or 3) Return the school to the jurisdiction of the local board. Specifies that state board in this case must not take action if the school's performance score in the state accountability system has risen by at least 20 points during the four-year period of Recovery School District oversight. School board may also not take action in any subsequent four-year period in which a school continues to be academically unacceptable if the school's performance score has risen at least 20 additional points. Allows parent or guardian of student assigned to school transferred to Recovery School District to exercise option made available by local board to attend another school in the district.
Requires state board, represented by the superintendent of the Recovery School District, to annually submit a report to the House and Senate education committees that must include specified components.
Establishes Recovery School District, which is to be administered by the state department of education. Gives RSD powers of system school was formerly under the jurisdiction of, but forbids RSD from contracting with any for-profit private provider for either operation or providing instructional services in any school under its authority. Allows RSD to require any local board to provide school or student support services such as transportation, food service or assessment for special education eligibility to students in school transferred from its jurisdiction. Also grants the RSD rights to use buildings and property otherwise part of the school prior to school transfer to RSD. RSD not required to provide extensive building repair that would be considered capital expense, but must provide routine repair and maintenance.
Establishes funding mechanism for Recovery School District and schools under its jurisdiction.
Creates "Type 5" classification for charter schools that are transferred to the Recovery School District. Specifies that only students who would have been eligible to enroll in the school prior to its transfer to the Recovery School District may attend, including any student participating in a school choice program, subject to capacity. Requires all proposals for a Type 5 charter school to be made to the state board. Requires consideration of such proposals to be only upon recommendation of the administering agency of the Recovery School District. Specifies that certain provisions of state law regarding charters do not apply to Type 5 charter schools.
http://www.legis.state.la.us/leg_docs/03RS/CVT3/OUT/0000KFH9.PDF
Title: S.B. 710
Source: www.legis.state.la.us
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| CA | Vetoed 09/2002 | P-12 | Requires the Superintendent of Public Instruction to assume all the legal rights, duties and powers of the governing board of the West Fresno Elementary School District. Authorizes the superintendent to appoint an administrator to act on its behalf in exercising authority over the district. Authorizes such authority to continue until certain enumerated conditions are met,including the completion of all required reports and an approved recovery plan.
Title: A.B. 1904
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2002 | P-12 | Sets deadlines regarding sanctions applied to state-monitored schools, allows for the placement of a trustee at a low-performing school. Specifies the duties and obligations of a school district with regard to a state-monitored school. Subjects a school, with incomplete data and no available test results or any other data related issue, to sanctions to which a State-monitored school is subject or to contract with a school assistance and intervention team.
Title: S.B. 1310
Source: Lexis-Nexis/StateNet
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| MD | Signed into law 05/2002 | P-12 | Establishes the Principal Training Pilot Program; requires that the State Board of Education award incentive funding under the program to provide school principals with instruction and training in specified and optional areas; establishes eligibility requirements for applicants. Limits participation to 100 principals; requires every county superintendent to choose three principals to participate; requires state superintendent to select remaining 28 principals, giving highest priority to principals in local reconstitution schools. Requires state board to report on specified aspects of program to various legislative committees on or before June 30, 2004. Pilot program to end June 30, 2005. http://mlis.state.md.us/2002rs/bills/hb/hb0007e.rtf
Title: H.B. 7
Source: mlis.state.md.us
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| NY | Signed into law 04/2002 | P-12 | Authorizes the removal of the Board of Education of the Roosevelt Union Free School District and the appointment of an interim board of education; provides for special academic improvement grants; grants the Commissioner of Education and the Education Department additional authority over such school district; expands the authorization of such school district to issue serial bonds to finance deficits.
Title: S.B. 6617
Source: Lexis-Nexis/StateNet
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| IN | Signed into law 05/2001 | P-12 | Deletes language permitting local board to place school in academic receivership if school fails for four consecutive school years to attain expected performance levels. Beginning with 2002-03 school year, requires local board to place school in academic receivership if for two consecutive academic years school has not met student performance improvement levels.
Title: S.B. 165
Source: www.state.in.us/legislative
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