From the ECS State Policy Database Accountability--Sanctions/Interventions

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 LA Adopted 12/2012 P-12 Repeals §1401, §1403, §1405, which related to levels to, entry and movement in academic assistance. Amends §1601, "Entry into Academically Unacceptable School Status" and §1603, "Requirements for Academically Unacceptable Schools." Adds §1607, which requires a school identified as entering subgroup component failure to enter school improvement level 1, and for the school improvement level to be updated each year to reflect the number of years of subgroup failure. Prohibits schools identified as SI1+ from qualifying for "reward school" status. Repeals §1609, "Order of Priority for Remedies." Under Chapter 19, "School Improvement, Academically Unacceptable Schools and Subgroup Component Failure: District and State Level Tasks," repeals §1901, "District Level Tasks" and §1903, "District Support at Each Level." Also repeals Chapter 20, "Differentiated Accountability Pilot." Amends §2101, "State Support at Each Level," under Chapter 21, "State-Level School Improvement, Academically Unacceptable Schools and Subgroup Component Failure Tasks." Amends §2301, "Schools Requiring Reconstitution/Alternate Governance Plans." Amends various provisions under Chapter 25, "School Choice" for academically unacceptable schools. Pages 61-63 of 276: http://www.doa.louisiana.gov/osr/reg/1212/1212.pdf Title: LAC 28:LXXXIII, Chapter 14, 16, 19, 23 Source: www.doa.louisiana.gov TX Adopted 07/2012 P-12 Section 97.1065 addresses provisions relating to repurposing, alternative management, or campus closure, including actions requested by parent petition or local board request for alternative to approach identified in parent petition. Section 97.1067 addresses provisions relating to alternative management of campuses. Establishes processes by which the commissioner may defer a sanction action ordered for certain campuses that have unacceptable performance for multiple years. Adopted as published in April 20, 2012 Texas Register (pp. 43-43 of 51): http://www.sos.state.tx.us/texreg/pdf/backview/0420/0420prop.pdf Title: 19 TAC 97.1065, 1067 Source: www.sos.state.tx.us OH Signed into law 06/2012 P-12 From final bill analysis: Specifies that the provisions of the "parent trigger" restructuring petition, under the Columbus pilot program, prevail over the general restructuring law for low-performing schools, if a district school becomes subject to both, unless the parent petition is rejected for certain reasons. Requires that a parent petition be filed by December 31 of any school year a school qualifies for restructuring under the Columbus "parent trigger" pilot program. Specifies that if either the parent petition or the state's general restructuring plan for a public school conflicts with federal law, federal law prevails. Specifies that if a school is restructured under a parent petition, under the general restructuring law, by a district academic distress commission, or under federal law, the school does not have to restructure again under state law for three years after implementing the prior restructuring. Bill text (pages 54-59 of 592): http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Final bill analysis (pages 18-19 of 78): http://www.lsc.state.oh.us/analyses129/s0316-rrh-129.pdf Title: S.B. 316 - Parent Trigger in Columbus Source: www.legislature.state.oh.us PA Signed into law 06/2012 P-12 Section 1704-B continues provisions of the Empowerment Act that were scheduled to expire June 30, 2012. A Commonwealth Partnership School District is authorized to: 1) cancel or renegotiate any contract, other than collective bargaining agreements, for the purpose of making necessary economies in the operation of schools; 2) reassign, transfer, or suspend administrators, mainly principals, based on an unsatisfactory review and evaluation without considering seniority or providing for a hearing; and 3) dispose of unused and unnecessary lands and buildings in excess of 25 years in age by negotiated sale, provided experts verify the value is equal to or greater than what could be received by sealed bid or by entering into agreements with an urban redevelopment authority. A Commonwealth Partnership School District is defined as a district that the Secretary of Education determined on or after July 22, 2006, and not later than September 9, 2006 to have met the following criteria: (1) a decline of 15% or more in enrollment during the preceding five years; (2) a loss in revenue during the immediately preceding three years due to the statutory removal of one or more sources of revenue; and (3) a 2004-2005 equalized millage rate greater than 27. The School District of Pittsburgh is the only district designated as such. http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=DOC&sessYr=2011&sessInd=0&billBody=H&billTyp=B&billNbr=1901&pn=3885 Title: H.B. 1901 - Sec. 1704-B Source: http://www.legis.state.pa.us CT Signed into law 05/2012 P-12 (Sec. 34) Defines an alliance district as a town whose school district is among those with the lowest academic performance as measured by a district performance index (DPI) the bill establishes. For FY 13, the bill requires the education commissioner to designate 30 alliance districts. Districts keep the designation for five years. The commissioner must determine, by June 30, 2016, whether to designate additional alliance districts. Also establishes a subcategory of alliance districts called "educational reform districts," which are the 10 districts with the lowest DPIs. Defines how DPI is calculated. Requires the state comptroller to hold back any Education Cost Sharing (ECS) grant increase over the prior year's grant that is payable to an alliance district town in FY 13 or any subsequent fiscal year. The comptroller must transfer the money to the education commissioner. An alliance district may apply to receive its ECS grant increase when and how the education commissioner prescribes. The bill allows the commissioner to pay the funds to the district on condition that they are spent according to its approved district improvement plan (see below) and guidelines the bill allows SBE to adopt. Requires any balance of the conditional ECS funds allocated to each alliance district that remains unspent at the end of any fiscal year to be carried over and remain available to the district for the following fiscal year. Alliance districts must use their conditional ECS funding to improve local achievement and offset other local education costs the commissioner approves. To be eligible to receive the funds, a district must submit an application to the commissioner that must contain objectives and performance targets as well as an improvement plan with specified inclusions.allows the commissioner to withhold conditional funding if an alliance district fails to comply with the bill's requirements and renew the funding if a district's school board provides evidence that the district is meeting the objectives and performance targets of its plan. Districts receiving conditional funding must submit annual expenditure reports in a form and manner the commissioner prescribes. The commissioner must determine whether to require a district to repay amounts not spent in accordance with its approved application or reduce the district's grant by that amount in a subsequent year. http://www.cga.ct.gov/2012/ACT/PA/2012PA-00116-R00SB-00458-PA.htm Title: S.B. 458 Source: cga.ct.gov 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 LA Signed into law 04/2012 P-12 Allows for a public school to be transferred to the Recovery School District (RSD) if such transfer is approved by the state board of education and both of the following conditions are met: (1) Parents or legal guardians representing at least 51% of the students attending the school sign a petition requesting the transfer; (2) The school has received a letter grade of "F" or any variation thereof, for three consecutive years. Requires the state board to adopt rules and regulations for implementation of the petition process, including a petition format and submission process, signature validation procedures, and student transfer procedures. (R.S. 17:10.5(F)) http://www.legis.state.la.us/billdata/streamdocument.asp?did=793655 Title: H.B. 976 Source: http://www.legis.state.la.us LA Signed into law 04/2012 P-12 Expands the current choice program, Student Scholarships for Educational Excellence Program, beyond schools in the New Orleans district to students statewide who meet eligibility requirements. Provides scholarships to eligible students to attend public and nonpublic schools. Eligible students must be from families with a total income not exceeding 250% of the federal poverty guidelines who are entering kindergarten, were enrolled in a public school on Feb. 1 of the previous year that had a letter grade of C, D, or F or any variation thereof, or received a scholarship the previous school year. The law addresses student enrollment preferences and priorities when space is limited. Requires that only after students from "D" and "F" public schools are placed in participating schools indicated on the students' applications, students from "C" schools will be entered into the random selection process and shall be provided an equal opportunity for selection into that particular participating school. Addresses requirements for participating schools: Deletes eligibility requirement that a public school be academically acceptable and instead requires that the school have a letter grade of A or B or any variation thereof, for the most recent school year. Requires the department annually to publish certain student test result data, a list of public schools with certain letter grades, cohort graduation rates, retention rates, and parental satisfaction rates for participating schools as applicable. With respect to funding, requires board of education to annually allocate from the funding formula to each participating school, an amount equal to the amount allocated per pupil to the local school system in which the participating student resides. http://www.legis.state.la.us/billdata/streamdocument.asp?did=793655 Title: H.B. 976 Source: http://www.legis.state.la.us WY Signed into law 03/2012 P-12 Establishes indicators to measure student achievement and school-level performance. Stipulates that indicators will be used to create an overall school performance rating system. Details rewards and sanctions based on where schools are rated. Requires the state board to publish performance reports comparing school performance to established targets. http://legisweb.state.wy.us/2012/Enroll/SF0057.pdf Title: S.F. 57 Source: http://legisweb.state.wy.us SD Signed into law 03/2012 P-12 Creates a new state accountability system for public elementary and secondary schools to hold public schools accountable for student achievement and ensure that all public schools make yearly progress. Yearly progress will be measured by multiple indicators including state academic assessments and those additional indicators listed in § 13-3-69. Provides that the system will include interventions for schools based on these factors. Repeals references to 'adequate' yearly progress, annual measurable 'objectives,' and 'consequences' for schools. http://legis.state.sd.us/sessions/2012/Bills/SB25ENR.pdf Title: S.B. 25 Source: http://legis.state.sd.us CA Vetoed 10/2011 P-12 From bill summary: Requires interventions to be implemented for a school that is identified as persistently lowest-achieving but does not receive specified school improvement grant funding. Requires a governing board of a local educational agency to allow parents and legal guardians to provide testimony at the regularly scheduled public hearing. Prohibits more than one parent or legal guardian per pupil from signing a petition, and requires the petition, and, if the petition includes a specific charter school operator, a summary of the charter petition, to meet specified language requirements. Requires, if the petition includes a specific charter school operator, that the charter petition include specified elements. Requires that, if paid signature gatherers are being used, the petition include a statement indicating that some signature gatherers may be paid. Requires all parties involved in the signature gathering process to adhere to specified school procedures. Requires the state department of education to provide specified information on its Web site, in easy to understand terms, regarding the petition process, the 5 intervention options that parents and legal guardians may request, a sample petition that meets specified requirements, and an up-to-date list of schools that have implemented an intervention pursuant to these provisions. Makes clarifying changes to, and provide definitions for, those intervention petition provisions. Requires the schoolsite council at each school that is eligible for a petition to be submitted pursuant to these provisions to provide, at its next scheduled meeting, or a meeting within 90 days, whichever is sooner, information regarding the petition process, including the intervention options available and the process for submitting a petition. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0201-0250/ab_203_bill_20110920_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/AB_203_Veto_Message.pdf Title: A.B. 203 Source: www.leginfo.ca.gov IL Signed into law 08/2011 P-12 Provides that if certain specified schools remain on academic watch status for two years, subject to the availability of federal appropriation money, the state board must allow the local school board to operate the school on a state board-approved pilot full-year school plan upon expiration of its teachers' current collective bargaining agreement. Directs a school board to notify the state board of its intent to operate the school on a full-year school plan. Requires a minimum 215 days of student attendance, including not more than 4 institute days, during a 12-month period in a school on a full-year school plan. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0370.pdf Title: H.B. 1415 Source: www.ilga.gov CT Signed into law 07/2011 P-12 Secondary School Reform Act - Delays by two years the implementation of the secondary school reform requirements enacted in 2010 that: (1) Increase the minimum number of credits required to graduate from high school; (2) Require school districts to offer students support and alternative ways to meet the new graduation requirements; and (3) Require the State Department of Education (SDE) to develop end-of-course exams in various subjects. Eliminates a requirement that the state provide grants to help districts implement the new graduation requirements and instead requires SDE to offer technical assistance to districts wishing to start implementing them. Revises and delays by one year the start of biennial status reports on the implementation of the new graduation requirements. Establishes a task force to address implementation issues arising from enhanced high school graduation requirements. Teacher Evaluations/Tenure - Moves up the deadline for the State Board of Education (SBE), in consultation with the Performance Evaluation Advisory Council (PEAC), to adopt guidelines for teacher evaluations to July 1, 2012 from July 1, 2013. Requires, for tenure purposes, that teachers whose employing boards enter cooperative arrangements to provide educational services retain their credited service with those boards if their employment is transferred to a committee administering the cooperative arrangement. Student Success Plan - Requires districts to establish a student success plan for each student starting in grade 6. School Governance Councils - Exempts boards of education with low-achieving schools that have only a single grade or that already have substantially similar school governance councils from the existing requirement to establish school councils according to the existing law. Reorganizes and clarifies the sequence and contents of required SDE reports on the implementation and effectiveness of school governance councils. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00135-R00HB-06498-PA.pdf Title: H.B. 6498 Source: http://www.cga.ct.gov OH Signed into law 06/2011 P-12 Establishes a pilot project for any school operated by the Columbus school district that has been ranked in the lowest 5% of all public schools statewide for three or more consecutive years. Requires the district board to implement any of five requested reforms if at least 50% of the parents of students in a school, or 50% of parents and of parents in feeder schools, sign a petition requesting that reform. Directs the board not to implement the requested reform under any of specified circumstances. Directs the state board, within 6 months after the first such petition has been resolved, to annually evaluate the pilot program and submit a report to the general assembly with its recommendations with respect to the continuation of the pilot program, its expansion to other districts, or the enactment of further legislation establishing the program statewide under permanent law. Pages 41-43 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Parent Trigger Pilot for Columbus Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Provides that for any building that is ranked in the lowest 5% of all public school buildings statewide for three consecutive years and is declared to be under an academic watch or in a state of academic emergency, the district board must do one of the following: (1) Close the school and direct the district superintendent to reassign the students to another school; (2) Contract with another school district or a nonprofit or for-profit entity with a demonstrated record of effectiveness to operate the school; (3) Replace the principal and all teaching staff and, upon request from the new principal, exempt the school from all requested policies and regulations of the board regarding curriculum and instruction. The board must also distribute funding to the school in an amount that is at least equal to the product of the per pupil amount of state and local revenues received by the district multiplied by the student population of the school. (4) Reopen the school as a conversion community school. Provides that if any of the actions described above causes the district to no longer maintain all grades K-12, the district must contract with another district for enrollment of students. Provides that if the district board fails to or is unable to enter into or maintain such a contract, the state board of education shall take all necessary actions to dissolve the district. Pages 50-51 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Sanctions for the Lowest-Performing Schools Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Directs the board of education of each city, exempted village, and local school district, the governing authority of each community school, and the governing body of each STEM school with a building ranked in the lowest 10% of all public school buildings according to its performance index score, to require each classroom teacher teaching in a core subject area to register for and take all written exams prescribed by the state board of education for licensure to teach that core subject area and the grade level to which the teacher is assigned. Provides that a teacher who passes such exam must not be required to take the exam again for three years, regardless of the performance index score ranking of the building in which the teacher teaches. Permits district boards, community schools and STEM schools to use the results of such exams in developing and revising professional development plans and in deciding whether or not to continue employing a teacher. Provides, however, that no decision to terminate or not to renew a teacher's employment contract may be made solely on the basis of the results of a teacher's exam until and unless the teacher has not attained a passing score on the same required exam for at least three consecutive administrations of that exam. Pages 400-401 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Licensure Exam Retakes for Teachers in Lowest-Performing Schools Source: www.legislature.state.oh.us HI Signed into law 06/2011 P-12 Allows the superintendent of education to reconstitute a public school, except for charter schools. Directs the department to negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified. Allows the superintendent to recommend actions to the charter school review panel, including the revocation of a school's charter. http://www.capitol.hawaii.gov/session2011/Bills/SB1485_CD1_.HTM Title: S.B. 1485 Source: www.capitol.hawaii.gov TX Signed into law 06/2011 P-12 Provides that if the commissioner is presented with a written petition signed by the parents of a majority of the students enrolled at a campus that has an "unacceptable" performance rating for three consecutive school years after the campus is reconstituted, and the petition specifies that the parents request either the repurposing of the campus, alternative management of the campus, or campus closure, the commissioner must order the specific action requested. However, if the board of trustees of the district present a written request that the commissioner order a specific action other than that requested in the parents' petition and a written explanation of the basis for the board's request, the commissioner may order the action requested by the board of trustees. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00738F.pdf#navpanes=0 Title: S.B. 738 Source: www.capitol.state.tx.us OK Signed into law 05/2011 P-12 Instructs the state board to adopt a four-year adjusted cohort graduation rate and extended-year adjusted cohort graduation rate to establish a uniform definition of high school graduation rate. Requires the state board to adopt percentage growth targets for high school graduation rates with the eventual goal being 100 percent. Districts must use the four-year adjusted cohort graduation rate for establishing these growth targets.Districts and schools meeting growth targets at the end of the initial two years or in the alternate years will be recognized as notable schools and school districts. Districts not meeting growth targets must submit high school graduation improvement plans to local boards of education and contingent upon the availability of funding participate in training provided by the State Department of Education for reducing dropout rates and improving graduation rates. http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/SB/SB2%20ENR.DOC Title: S.B. 2 Source: http://webserver1.lsb.state.ok.us GA Signed into law 05/2011 P-12 Extends until end of 2014-15 school year the provision that each local school system either notify the department of its intention to request increased flexibility through local school board flexibility contract or elect not to request increased flexibility in exchange for increased accountability and consequences. Page 6 of 11: http://www.legis.ga.gov/Legislation/20112012/116810.pdf Title: H.B. 192 Source: www.legis.ga.gov IN Signed into law 05/2011 P-12 Provides that a school that remains in the lowest performance category for a fifth year becomes a turnaround academy. Requires the state board of education to set specific goals for a turnaround academy, and allows the turnaround academy to be operated by a special management team. http://www.in.gov/legislative/bills/2011/HE/HE1001.1.html Title: H.B. 1001--Turnaround Academies Source: http://www.in.gov GA Signed into law 04/2011 P-12 Provides that members of local boards of education must serve terms of no less than four years. Provides for a phase-in period and for exceptions. Provides for the composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes. Authorizes the governor to remove members of a local board of education if the local school system has not reattained full accreditation status within a certain amount of time. http://www.legis.ga.gov/Legislation/20112012/116716.pdf Title: S.B. 79 Source: www.legis.ga.gov AZ Signed into law 04/2011 P-12 Amends section 15-241. Changes the method used to calculate a school's classification and replaces the current labels of "excelling", "highly performing", "performing", "underperforming" or "failing to meet academic standards" with a letter grade system of A, B, C, D, and F. Specifies that 50% of the classification must consist of academic performance measurement of academic gain (50% of which is to be based on student gains for all students in the school or district and 50% to reflect progress of the 25% of pupils with the lowest academic performance in the school or district). Makes accountability provisions applicable to public schools also pertain to districts. Allows the state board of education to assign a D school a letter grade of F if the school is among the persistently lowest-achieving schools. http://www.azleg.gov/legtext/50leg/1r/bills/hb2234h.pdf Title: H.B. 2234 Source: http://www.azleg.gov 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 MI Signed into law 03/2011 P-12 Provides that if a school included on the list of lowest-achieving 5% of public schools was operated by a district in which an emergency manager was in place under the Local Government and School District Fiscal Accountability Act, the Superintendent of Public Instruction could not place that school under the supervision of the State School Reform/Redesign Officer. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0008.htm Title: S.B. 157 Source: http://www.legislature.mi.gov CA Adopted 09/2010 P-12 Adopts emergency regulations to implement Senate Bill 4, Chapter 3, 5th Extraordinary Session of 2010. This Senate Bill and these emergency regulations establish the parent empowerment process whereby parents of students who are or will be enrolled in up to 75 schools that are subject to federal corrective action plans, are not making adequate yearly progress, and have Academic Performance Index scores below 800, have the right to petition for the implementation of specified school reform interventions. The rulemaking, among other things, specifies the requirements for these petitions and the petition process. Also provide more detailed descriptions of thei ntervention models (turnaround, restart, school closure, transformation and alternative governance arrangement) than are provided in statute. Title: 5 CA ADC 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807 Source: TX Adopted 07/2010 P-12 Makes various changes to state accountability provisions. Language below primarily from July 23, 2010 Texas Register. 97.1051: Amends definitions. Changes the definition of "campus closure" to remove references to "repurposing," which is now defined in statute. 97.1053: Purpose, updates statutory references in alignment with 2009 H.B. 3. 97.1055: Clarifies the process for assigning accreditation statuses during the period of transition to new H.B. 3 requirements. Adds new language regarding when an accreditation status may be raised or lowered based on the performance of the district or one or more campuses in the district. Also states how the statutory requirements related to a financial solvency review and projected deficit affect accreditation statuses. In addition, the adopted amendment incorporates current agency procedures for completing the asset-to-liability calculation for the purposes of charter financial accountability. Language is added, providing an additional method for districts to meet the notification requirements related to a lowered accreditation status. 97.1057: Accreditation Sanctions. Updates statutory references and adds information regarding the factors the commissioner must consider in determining whether to impose a particular sanction based on resource allocation practices. 97.1059: Standards for All Accreditation Sanction Determinations. Updates statutory references and adds language to reflect statutory requirements regarding the commissioner's obligation to review the performance of a district. Specifically, the commissioner must review at least annually the performance of a district for which the accreditation status has been lowered due to insufficient student performance. The adopted amendment also requires the commissioner to increase sanctions if a lack of improvement is shown unless there is good cause not to do so. 97.1061: Interventions and Sanctions for Campuses. Adds language to align with new statutory requirements related to campuses that satisfy current performance standards under TEC, §39.054(e), but that would not satisfy performance standards if the standards to be used for the following school year were applied to the current school year. Also adds language to align with new statutory requirements for intervening with and sanctioning campuses with performance below any standard under TEC, §39.054(e), including requirements relating to a hearing and a school community partnership team (SCPT). Adds new statutory language that allows the commissioner to accept certain interventions that a campus has implemented under federal accountability requirements in lieu of required state measures if the intervention measures are substantially similar. 97.1063: Campus Intervention Team; Reconstitution. Implements the provisions of HB 3 related to campuses below any standard under TEC, §39.054(e), and the assignment of a campus intervention team (CIT) to those campuses. Defines the duties and responsibilities of the CIT, including responsibilities to conduct a targeted on-site needs assessment relevant to the areas of insufficient performance or, if the commissioner determines necessary, a comprehensive on-site needs assessment. Also outlines requirements related to the development and submission of a school improvement plan (SIP) by a campus and establishes timelines for how long the CIT will be assigned to a campus. Outlines requirements related to the involvement of the board of trustees of a school district in conducting a hearing to notify the public of the insufficient performance of one or more campuses within the district, the improvements expected by the agency for the campus(es), and the intervention measures or sanctions that may be imposed under the subchapter if performance does not improve. Also details requirements related to public posting of the SIP and, as appropriate, modification of the SIP in response to public comment. Further notes that the commissioner may authorize a SIP or updated SIP developed under 19 TAC Chapter 97, Subchapter EE, to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under TEC, Chapter 11, Subchapter F. Also specifies actions that the commissioner may take if the commissioner determines that a campus for which an intervention is ordered is not fully implementing the CIT's recommendations or the SIP or updated SIP. References and requirements related to the School Leadership Pilot Program are stricken from 19 TAC §97.1063 in alignment with changes in HB 3. Language is added to this section to clarify that, if assigned by the commissioner, a SCPT may supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee under TEC, Chapter 11, Subchapter F. The section title is also changed. 97.1064: Reconstitution, updates and relocates reconstitution requirements that previously were reflected in 19 TAC §97.1063. Continues to state the timelines under which a campus will be ordered to undergo reconstitution and describes the role of the CIT in updating and seeking approval of the SIP. Continues to include language regarding the authority of the CIT to determine which educators may be retained at a reconstituted campus but revises language in accordance with HB 3 to describe circumstances surrounding a CIT's determination related to the retention of the principal at a campus that is undergoing reconstitution. Continues to describe the authority of the commissioner to assign a monitor, conservator, management team, or board of managers to ensure and oversee district and campus-level activities related to required intervention and sanction activities and outlines factors the commissioner must take into consideration when appointing individuals to serve in these roles. References the authority of the commissioner to impose on a district or campus certain other sanctions that are reasonably required and addresses the role of the district in successful campus reconstitution. 97.1065: Campus Closure or Alternative Management. Changes the section title. Implements the provisions of HB 3 related to circumstances under which the commissioner may, or is required to, order certain sanctions for campuses with insufficient performance over multiple years. Specifically, revises the timeline under which the commissioner is required to order a sanction for certain campuses and adds repurposing, in addition to campus closure and alternative management, as one of the sanctions that must be ordered by the commissioner. Also establishes that repurposing, alternative management, or campus closure may be ordered for a multi-year unacceptable campus if students fail to demonstrate substantial improvement in the areas targeted by an updated SIP. Furthermore, establishes that re-purposing, alternative management, or campus closure will be ordered if a campus has been identified as unacceptable for the third, as opposed to second, consecutive year after reconstitution is required to be implemented, thus adding an additional year to the mandatory intervention timeline previously established in statute. Additionally, provides for a one-year waiver of these required sanctions if the commissioner determines that, based on significant improvement over the preceding two school years, the campus is likely to be acceptable in the following year. Also establishes the requirements that must be met before the commissioner can approve a plan for campus repurposing and includes parameters that may be considered by the commissioner when determining whether to order repurposing, alternative management, or campus closure when one of these sanctions is required. Also outlines requirements and procedures for the district to appeal the commissioner's order of repurposing, alternative management, or campus closure and outlines other sanction actions that the commissioner may impose to achieve the purposes outlined in TEC, Chapter 39, and 19 TAC Chapter 97, Subchapter EE. 97.1067: Updates statutory references in alignment with HB 3. 97.1069: Providers of Alternative Campus Management. Updates requirements to align with HB 3 by allowing the commissioner to solicit proposals from qualified for-profit entities to assume alternative management of a campus if a non-profit entity has not responded to the commissioner's request for qualifications. 97.1071: Special Program Performance; Intervention Stages. Updates statutory references in alignment with HB 3. 97.1073: Appointment of Monitor, Conservator, or Board of Managers. Updates statutory references to provide clarity and align with HB 3. Sections 97.1051 and 97.1055 adopted as published in the July 23, 2010 Texas Register (pp 24-28 of 34): http://www.sos.state.tx.us/texreg/pdf/backview/0723/0723adop.pdf The amendments to §§97.1053, 97.1057, 97.1059, 97.1063, 97.1065, 97.1067, 97.1069, 97.1071, and 97.1073; the repeal of §97.1061; and new §97.1061 and §97.1064 are adopted as published in the April 23, 2010 Texas Register (pp 18-32 of 98): http://www.sos.state.tx.us/texreg/pdf/backview/0423/0423prop.pdf Title: 19 TAC 97.1051, 1053, 1055, 1057, 1059, 1061, 1063, 1064, 1065, 1067, 1069, 1071, 1073 Source: www.sos.state.tx.us OK Signed by Governor 06/2010 P-12 Amends law to require each school district identified as in need of improvement for four years to submit a plan for compliance with this section to the State Department of Education, in a manner prescribed by the Department. Beginning December 31, 2010, and annually each year thereafter, requires the State Department of Education to submit a report of the district plans received to the members of the Senate and House Education Committees. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB1617_ENR.RTF Title: S.B. 1617 Source: http://webserver1.lsb.state.ok.us OK Signed into law 06/2010 P-12 This section of S.B. 2033 establishes and defines four intervention models, one of which a school identified as being among the persistently lowest-achieving schools in the state is required to implement (turnaround, closure, restart or transformation). http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2033_ENR.RTF Title: S.B. 2033 Source: http://webserver1.lsb.state.ok.us NY Signed into law 05/2010 P-12 From "Summary of Specific Provisions" on Assembly Web site: Section 6 of this bill would add a new S21l-e to the Education Law to authorize the board of education of a school district, or the Chancellor of the New York City School District, to contract with an educational partnership organization, with the approval of the Commissioner, for a term of up to 5 years to manage a school identified as a persistently lowest-achieving school, or a BURR, for the purpose of intervention to turn around such school. An "educational partnership organization" (or "EPO") would be defined to include a board of cooperative educational services, a public or independent higher education institution, a cultural institution, or a private non-profit organization with a proven record of success in intervening in low-performing schools, provided that the term would not include a charter school. The contract would be required to include district expectations and/or benchmarks for school operations and academic outcomes, and provide that failure to meet such expectations or benchmarks may be ground for termination of the contract. The contract would also be required to address the manner in which students will be assigned to the school, the process for employees to transfer to the school, the services the district will provide to the school and the manner in which the school shall apply for and receive allocational and competitive grants. Under the bill, the EPO would assume the duties of the superintendent of schools with respect to the school, including but not limited to making recommendations to the board of education to implement the educational program, including decisions on budgets, staffing populations, student discipline, curriculum and determining the daily schedule and the school calendar, consistent with collective bargaining agreements. The board of education would retain ultimate decision-making authority over employment decisions, including hiring, evaluating, termination, granting of tenure, assignment of employees and staff development and over other terms and conditions of employees. However, the EPO would be authorized to exercise all the powers of a superintendent of schools over employment decisions, including but not limited to making recommendations to the board of education on staff assignments, hiring, tenure., evaluation and discipline and termination of employees. The employees assigned to the school would continue to be solely employed by the school district for all purposes, and would retain all their tenure rights and other employment rights conferred by law. The board of education, and not the EPO, would be the employer for purposes of the Taylor Law (Article 14 of the Civil Service Law). The employees assigned to the school would remain members of the applicable negotiating unit containing like titles or positions for the school district would be covered by the collective bargaining agreement covering that school district's negotiating unit. However, the duly recognized or certified collective bargaining representative for that negotiating unit would be authorized to modify or supplement, in writing, the collective bargaining agreement in consultation with the employees of the negotiating unit working in the school. All such modifications of, or supplements to, the collective bargaining agreement would be subject to ratification by the employees employed within the school and by the board of education of the school district. The bill further provides that where the EPO makes a recommendation to the board of education on implementing the educational program or on employment decisions and the recommendation is denied, the board is required to state its reasons for the denial, which shall include an explanation of how the denial will improve student achievement in the school and how such action is consistent with the accountability plans approved by the Commissioner for the school and the district. The board of education would not be prevented, however, from denying a recommendation that is in violation of law or violates a collective bargaining agreement. The bill further provides that if the board of education rejects a recommendation to terminate the probationary appointment of an employee assigned to the school or a recommendation to deny tenure to such an employee, the board of education would be required to transfer the employee to another position in the school district within that employee's tenure area or to create such a position. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A11171&Summary=Y&Actions=Y&Memo=Y&Text=Y Title: A.B. 11171, Section 6 Source: assembly.state.ny.us OK Signed into law 05/2010 P-12 Authorizes a district board of education for a district with an average daily membership of more than 30,000 which implements an alternative governance arrangement to use the following procedures, upon approval of the district board and concurrence of the executive committee of the appropriate local bargaining unit: a. any teacher not retained at the school site shall be given status as a full-time substitute teacher within the school district for a period of not to exceed two (2) years; b. if the teacher is not offered a contract teaching position at a school in the district within the two-year period specified in subparagraph a of this paragraph, the district board shall be authorized to not reemploy the teacher, and c. the district board shall designate trained, certified, instructional staff to provide teacher support, development and evaluation, which may include certified personnel other than administrators. These actions are not to be subject to the Teacher Due Process Act of 1990. The decision by the district board for renewal or nonrenewal is final. (For these purposes, a full-time substitute teacher is to perform the duties assigned by the district superintendent and is to continue to receive the same salary, benefits and step increases that the teacher would otherwise be entitled to for the time period the teacher serves as a full-time substitute.) http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB509_ENR.RTF Title: S.B. 509 Source: http://webserver1.lsb.state.ok.us CT Signed into law 05/2010 P-12 Permits the local/regional board of education for a school that has been identified as in need of improvement pursuant or designated as a low achieving school (due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level) to establish a school governance council for each school so identified. The school governance council has the following responsibilities: (1) analyzing school achievement data and school needs relative to the improvement plan for the school; (2) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (3) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local/regional board; (4) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (5) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (6) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (7) utilizing records relating to information about parents and guardians of students maintained by the local/regional board and as permitted by state statute. Permits the council to recommend reconstitution of the school through a certain model. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm Title: S.B. 438 - Sec. 21 Source: http://www.cga.ct.gov CT Signed into law 05/2010 P-12 Requires the department of education to monitor, within available appropriations, those schools that have reconstituted (See section 21 of this bill) to determine whether such schools have demonstrated progress with regard to the following indicators: (1) the reconstitution model adopted by the school; (2) the length of the school day and school year; (3) the number and type of disciplinary incidents; (4) the number of truants; (5) the dropout rate; (6) the student attendance rate; (7) the average scale scores on the state-wide mastery examination; (8) for high schools, the number and percentage of students completing advanced placement coursework; (9) the teacher attendance rate; and (10) the existence and size of the parent-teacher organization for the school. Such monitoring must be conducted over the 2 year period following such reconstitution. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm Title: S.B. 438 - Sec. 22 Source: http://www.cga.ct.gov MS Signed into law 04/2010 P-12 Creates a New Start School Program. Requires a New Start School to be established in each public school that is considered failing. Provides for the conversion of underperforming schools into conversion charter schools, for contracts relating to such conversion, and for sources of funding. Allows a conversion charter school to apply for federal Race to the Top funding. Establishes provisions relating to professional development, employee evaluation, and per diem restrictions for school board members. http://billstatus.ls.state.ms.us/documents/2010/pdf/SB/2200-2299/SB2293SG.pdf Title: S.B. 2293 Source: http://billstatus.ls.state.ms.us MS Signed into law 04/2010 P-12 Requires the Department of Education to provide assistance to certain schools not meeting adequate performance of accreditation standards. Requires schools at-risk to be identified by specified criteria. Authorizes evaluation teams to conduct on- site audits. Removes the requirement that evaluation reports identify personnel in need of improvement. Makes changes concerning pre-kindergarten districts, conservatorship, professional development, hiring of consultants, mentoring programs and other matters. http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/1000-1099/HB1097SG.pdf Title: H.B. 1097 Source: Lexis-Nexis/StateNet WI Signed into law 04/2010 P-12 Act 215. For a district in need of improvement for 4 consecutive years, new section requires district boards to take certain actions (additional learning time; system of academic and behavioral supports; use data to differentiate instruction; employ a research-based curriculum). For districts in lowest performing 5% of all public schools, makes a number of other requirements of boards. Provides the state superintendent with authority to require actions for schools in either of the categories named above. http://www.legis.state.wi.us/2009/data/acts/09Act215.pdf Title: S.B. 437 Source: http://www.legis.state.wi.us WA Signed into law 03/2010 P-12 Creates a coherent and effective accountability framework for improvement for all schools and districts to provide an excellent and equitable education, the tools necessary for accountability, including the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support; recognizes schools for raising achievement and closing achievement gaps; provides funding for the lowest performing schools; identifies the schools in need of improvement. Phase I of this system will: (1) recognize schools that have done an exemplary job of raissing student achievement and closing the achievement gaps using the state board of education's accountability index; and (2) target the lowest five percent of persistently lowest-achieving schools to provide federal funds and federal intervention models through either a voluntary option or a required action process. Phase II of the system will work toward implementing the state board of education's accountability index for identification of schools in need of improvement and the use of state and local intervention models and state funds. The expectation from implementation of this system is the improvement of student achievement for all students to prepare them for postsecondary education, work, and global citizenship in the twenty-first century. Chapter 235 http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Senate%20Passed%20Legislature/6696-S2.PL.pdf Title: S.B. 6696 Source: http://apps.leg.wa.gov TN Signed into law 01/2010 P-12 Enacts the Tennessee First to the Top Act of 2010. From fiscal note: Authorizes the Commissioner of Education to move any public school or local education agency (LEA) into or out of a newly created "Achievement School District" (ASD) if the school is in the fifth year of improvement status or at any time a Title I school meets the U.S. Department of Education's definition of "persistently lowest achieving schools." Authorizes the Commissioner to contract with an individual, government entity, or nonprofit entity to manage the day-to-day operations of the ASD. The Administrator of the ASD may apply to the Commissioner for a waiver of any state board rule that hinders the ability of the school or LEA to meet adequate yearly progress (AYP) benchmarks. Authorizes the administrator of the ASD to determine whether any teacher previously assigned to a school in the ASD will have the option of continuing to teach at that school. Any teacher not retained in the ASD will remain an employee of the LEA, subject to provisions in current law for dismissal. Eliminates current law restriction on use of specific teacher's effect on the educational progress of students in formal personnel evaluations. Schools or LEAs will remain in the ASD until achieving AYP for three consecutive years, at which time they will transition back to their pre-ASD status. http://www.capitol.tn.gov/Bills/106/Fiscal/HB7010.pdf Title: S.B. 7005A - H.B. 7010A Source: http://www.capitol.tn.gov 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 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 MA Signed into law 01/2010 P-12 Repeals and replaces existing policies relating to Commissioner of Elementary and Secondary Education to designate a school as underperforming or chronically underperforming. Defines Commissioner's and State Board's authority and duties. http://www.mass.gov/legis/bills/senate/186/st02/st02247.htm Title: S.B. 2247; (NEW BILL) Source: http://www.mass.gov CA Signed into law 01/2010 P-12 Adds Chapter 18 (commencing with Section 53100) to the Education Code. Numbers below relate to new section numbers. 53100: For purposes of implementing the federal Race to the Top program, (1) authorizes the state superintendent and president of the state board to enter into a memorandum of understanding with a local education agency (LEA), and (2) directs participating LEAs to enter into a memorandum of understanding with the state superintendent and president of the state board. 53101: Directs the governor, state superintendent and state board to develop one or multiple plans to submit as part of a Race to the Top application. Requires that the plan address how the Race to the Top program funds and any other applicable federal funds will be used to provide resources to the low-achieving and persistently lowest-achieving schools as defined in statute, and provides that these resources may include professional development, technical assistance, and partnering with schools that have successfully transitioned from low- to higher-performing status. Provides legislative intent that funding for LEAs be the highest priority in the allocation of Race to the Top program funds. 53102: By January 2011, directs the state superintendent to contract for an independent evaluation of the implementation and impact of the state plan submitted in application for a federal Race to the Top Fund grant award. Requires that the legislative, governor and state board be provided an interim report by June 2012, and a final report by June 2014. 53201: Defines "low-achieving school" as any Title I school in improvement, corrective action or restructuring. Defines "persistently lowest-achieving school" as meeting any of a number of criteria. Some of these criteria include: the lowest 5% of low-achieving schools as measured by proficiency on NCLB assessments in reading/language arts and math; any secondary school eligible for but not receiving Title I funds that is in the lowest 5% as measured by proficiency on NCLB assessments in reading/language arts and math; and any of either such school (or any high school in improvement, corrective action, or restructuring) that has had a graduation rate below 60% in each of the previous three years. 53201.5: Requires the state superintendent to notify a local governing board, or governing body of a charter school, if any school in its jurisdiction has been identified as a persistently lowest-achieving school. 53202: Provides that for purposes of implementing the federal Race to the Top program, a local board must implement for any persistently lowest-achieving school the turnaround model, the restart model, school closure, or the transformation model (as described in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Selection Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009). Provides an exception. Establishes a hearing process for any school subject to an intervention prior to selection of an intervention. Establishes parameters to allow a school implementing the turnaround or transformation model to participate in a school-to-school partnership program by working with a mentor school that has successfully transitioned from a low-achieving school to a higher-achieving school. (Higher-achieving school must either have exited Program Improvement under NCLB, or increased (in statewide Academic Performance Index rankings) by two or more deciles over the last five years, using the most recent data available.) Requires the principal and, at the principal's discretion, the staff of a mentor school to provide guidance to a persistently lowest-achieving school to develop a reform plan, and provide guidance on how the mentor school transformed the culture of the school from low-achieving to higher-achieving and how that transformation could be replicated at the school implementing a turnaround or transformation model. To the extent such funds are available, requires the mentor school to receive federal funds for serving as a mentor school; as a condition of receipt of funds, requires the mentor school's principal (and staff, at the principal's discretion), to meet regularly with the assigned persistently lowest-achieving school for at least three years. 53203: Directs regional consortia to provide technical assistance and support to LEAs with one or more persistently lowest-achieving schools in implementing any interventions for persistently lowest-achieving schools. Identifies 11 areas that such technical assistance may address, including: (1) Identifying staff recruitment and retention strategies (2) Identifying strategies to provide increased instructional time (3) Implementing professional development activities identified in the state's Race to the Top proposal (4) Developing a new governance structure, which may include establishment of a turnaround office in the LEA or the department, that a school implementing the turnaround model will report to (5) Developing social-emotional and community-oriented services (including parental involvement strategies) (6) Identifying, reviewing, and recommending quality charter school operators, charter management organizations, or education management organizations that can operate a persistently lowest-achieving school (7) Identifying higher-achieving schools in the district, including charter schools, to relocate pupils attending a school that is scheduled for closure (8) Developing a rigorous, transparent and equitable teacher and principal evaluation system that includes student growth data and other factors such as multiple observation-based assessments that all schools implementing the turnaround or transformation model may use (9) Identifying strategies to identify and reward school leaders, teachers, and other staff who, in implementing the transformation model, have increased pupil achievement and high school graduation rates and have identified and removed those, who, after ample opportunities, have been provided for them to improve their professional practice, have not done so (10) Identifying and approving mentor schools (11) Consistent with the collective bargaining agreement, assisting an LEA in: (a) meeting federal guidelines that encourage the state to ensure that persistently lowest-achieving schools are not required to accept a teacher without mutual consent of the teacher and principal, regardless of the teacher's seniority. (b) Implementing schoolsite-based teacher hiring decisions (c) Giving persistently lowest-achieving schools first priority in selecting from the qualified district applicant pool, among those teachers who have specifically applied to work at the school. Pages 8-13 of 32: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_1_bill_20100107_chaptered.pdf Specifies that these provisions become operative only if Senate Bill 4 of the Fifth Extraordinary Session of 2009-10 is also enacted (full text http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_4_bill_20100107_chaptered.pdf). S.B. 4E was also enacted January 7, 2010. Title: S.B. 1E - Section 8 Source: www.leginfo.ca.gov CA Signed into law 01/2010 P-12 Creates new sections 53300 and ff. of the Education Code, establishing new "Parent Empowerment" section. Provides that for any school not identified as a persistently low-achieving school under new Section 53201 (see enacted S.B. 1E http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_1_bill_20100107_chaptered.pdf), that is subject to corrective action under the No Child Left Behind (NCLB) Act and after one full year continues to fail to make adequate yearly progress (AYP), and has an Academic Performance Index score of less than 800, and in which at least half of parents of students or a combination of at least half of such and of parents of students in a feeder elementary or middle school sign a petition asking the district to implement one or more of the four interventions specified in new Section 53202 (the turnaround model, the restart model, school closure or the transformation model) or the federally mandated alternative governance arrangement identified in NCLB, requires the district to implement the option requested by the parents unless, in a regularly scheduled public meeting, the district makes a finding in writing stating why it cannot implement the specific recommended option and instead designates in writing which of the other options it will implement in the subsequent school year consistent with federal requirements. Directs the district to notify the state superintendent and state board upon receipt of a petition, and upon its final disposition of that petition. Provides that if the district indicates it will implement a different alternative governance arrangement than requested by the parents, it must notify the state superintendent and the state board that the alternative governance option selected has substantial promise of enabling the school to make AYP. Provides that no more than 75 schools may be subject to such a petition (with schools counted toward this total upon state receipt of its final disposition of the petition). Pages 6-7 of 7: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_4_bill_20100107_chaptered.pdf Title: S.B. 4E - Parent Empowerment Source: www.leginfo.ca.gov MI Signed into law 01/2010 P-12 Part of Michigan's Race to the Top Legislation. Beginning in 2010, not later than September 1 of each year, the state superintendent is required to publish a list of the lowest achieving 5% of all public schools. Once a building is identified as being in the lowest 5%, the superintendent must issue an order placing those buildings under the supervision of the newly created state school reform and redesign officer (RRO). Within 90 days of receiving this order, the local school board must submit a redesign plan to the RRO. The plan must implement one of the 4 intervention models provided for in the American Recovery and Reinvestment Act (ARRA). The 4 models are: turnaround, restart, closure and transformation. The plan must also include an addendum to the collective bargaining agreement to alter any seniority system in place and suspend the work rules to allow for longer school days or years in the event that those methods are determined to be necessary for success. If the RRO denies a plan or determines that a previously approved plan isn't working adequately, the school may be placed into the newly formed State School Reform and Redesign District. The RRO would then act as the superintendent of the district and impose one of the intervention models at the beginning of the next school. The RRO also may impose modifications to the collective bargaining agreement. The RRO may appoint a chief executive officer to administer a school or several school buildings at once. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2009-PA-0204.htm Title: H.B. 4787 - Sec. 1280c Source: http://www.legislature.mi.gov NM Adopted 12/2009 P-12 Establishes requirements for demonstrating 9th grade math & reading proficiency and meeting school attendance standards prior to receiving an MVD driving permit for the year 2011. http://www.nmcpr.state.nm.us/nmac/parts/title06/06.030.0011.htm Title: NMAC 6.30.11 Source: http://www.nmcpr.state.nm.us/nmac/ IL Adopted 11/2009 P-12 Partially from "Notice of Adopted Amendments" in Illinois Register (changes from this rulemaking but not listed below are technical in nature or echo recent changes in legislation): Section 1.20: Revised to distinguish among the appropriate levels of sign-off on the corrective plan a district must submit depending on whether a school or the district has been placed on probation. Adds a provision allowing a district's or school's status to be changed to "nonrecognized" if, at any time that a corrective action plan is in effect, the state superintendent determines that the agreed-upon actions are not being implemented in accordance with the plan or the underlying areas of noncompliance are not being remedied. Section 1.30: Updated to refer to state assessment accommodations now allowed for limited English proficient students, and now specifies when time extensions will be made available to those students (in response to P.A. 94-642, which authorized the state board to allow additional time "by rule"). Revises labels used to describe scores on the Illinois Alternate Assessment, and updates rule on review and verification of assessment information. Section 1.100: Adds details so that staff of districts and other eligible applicants will have more specific guidance as to what is expected as part of the process for receiving waivers and modifications of requirements in the school code or administrative rules. Section 1.240: Expanded to include a reference to gender identity among the prohibited bases for discrimination because it may otherwise not be clear that gender identity is encompassed in the definition of "sexual orientation". Section 1.420: Adds provision specifying that each district's plan for recording student progress and/or awarding credit must include credit for courses completed by correspondence, online or from other external sources. Specifies that a district may count four clock-hours as a day of instruction only due to a condition beyond the district's control; specifies other requirements that must be met for the state superintendent to approve a district's request to use "multiple sessions" to fulfill school day requirements. Specifies that students in attendance for at least 150 but fewer than 240 minutes of school work may be counted for a half-day of attendance; students in attendance for fewer than 150 minutes of school work are not to be counted for purposes of calculating average daily attendance. Emphasizes the meaning of the portion of the rule on library media programs that distinguishes between the services that may be performed only by certified library information specialists and the other tasks that may be inherent in districts' operation of their programs. Section 1.465 (on awarding of credit for foreign language study in an ethnic school program) and 1.480 (on correctional institution educational programs): Generally updated, including the insertion of current statutory citations. Section 1.510: Main revision conveys state board's interpretation that districts may not pick and choose among students in the same situation once they elect to transport some students. Section 1.737: Updated to complement new requirements for endorsements in safety and driver education that will take effect in 2012. Pages 324-388 of 432: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue45.pdf Title: 23 IAC 1.20, .30, .100, .240, .420, .465, .480, .510, .737 Source: www.cyberdriveillinois.com GA Adopted 11/2009 P-12 Adds that retention of students for athletic purposes is prohibited. Repeals rule 160-5-1-.19 "Grades 6-8: Competitive Interscholastic Activities" and adds provisions related to no pass no play for middle grades students to rule 160 -5-1-.18. Requires students participating in competitive interscholastic activities to pass at least 70% of courses carrying credit toward grade promotion in the semester immediately preceding participation. Requires all students who participate in competitive interscholastic athletics or cheerleading to have an annual physical examination prior to participation. Adds eligibility provisions specific to students with disabilities and children of military families. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-1-.18.pdf Title: GAC 160 -5-1-.18, -.19 Source: www.doe.k12.ga.us IL Signed into law 08/2009 P-12 Authorizes a district under the authority of a Financial Oversight Panel to appoint a district superintendent with a specified certification or a chief executive officer upon expiration of the current superintendent's contract. Requires the superintendent or chief executive officer to undergo approval by the Financial Oversight Panel. Provides that, in lieu of a Financial Oversight Panel Financial Administrator, a district may appoint a chief fiscal officer who shall have the powers and duties of the district's chief school business official and any other duties assigned by the school board or Financial Oversight Panel. http://www.ilga.gov/legislation/96/HB/PDF/09600HB2674lv.pdf Title: H.B. 2674 Source: www.ilga.gov CA Signed into law 08/2009 P-12 Requires an employer advisory board to recommend measures, criteria and methods to evaluate the skills and knowledge of students in a regional occupation center or program established and maintained by a county board of education. Requires an employer advisory board to assist a regional occupational center or program in identifying scholarships. Prohibits funding redirection to other centers or programs while a center or program is in corrective action. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0601-0650/sb_640_bill_20090806_chaptered.pdf Title: S.B. 640 Source: www.leginfo.ca.gov IL Signed into law 07/2009 P-12 Increases statewide charter school cap and charter school cap for Chicago. Above and beyond caps, permits five Chicago charters (and specified numbers of campuses and enrollment seats within those five charters) to be devoted to serving returning high school dropouts. Requires charter schools to submit to the state board of education a copy of their audit and Form 990. Increases time frame for state board to approve a charter school proposal. Adds procedures for a charter school to respond to a proposed revocation of its charter. Beginning with the 2012-13 school year, requires at least 75% of instructional staff in established charter schools to hold teacher certification; for charter schools established after these provisions are enacted, requires 75% of instructional staff to be certified by the beginning of the 4th school year in which students are enrolled in the school. Provides charter schools statewide are exempt from caps on the number of employees who may be enrolled in alternative certification programs. Requires state board to report findings of charter school evaluation every two years rather than annually. Establishes an Independent Charter School Authorizer Task Force to study the need for an independent charter school authorizer in the state. Directs the task force to report its findings and recommendations to the governor and legislature by January 2010. Defines "contract school" as a Chicago attendance center run by a for- or not-for-profit private entity on contract to provide instructional and other services to a majority of the students enrolled in the attendance center. Defines "contract turnaround school" as an experimental Chicago contract school created to implement alternative governance in an attendance center subject to restructuring or similar intervention under NCLB that has not made adequate yearly progress (AYP) for 5 consecutive years. Provides that a Chicago school placed on probation that fails to make adequate progress in correcting deficiencies after one year may be converted to a contract turnaround school. Specifies the Chicago school board may operate no more than 30 contract schools, plus up to 5 contract turnaround schools. http://www.ilga.gov/legislation/96/SB/PDF/09600SB0612lv.pdf Title: S.B. 612 Source: www.ilga.gov 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 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 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/ OH Signed into law 07/2009 P-12 From DOE summary of H.B. 1: Revises the current performance criteria that trigger automatic closure of a community school after July 1, 2009, as follows: (1) For schools that do not offer a grade higher than 3, requires closure if the school has been in academic emergency for three of the four most recent years, instead of four consecutive years; (2) For schools that offer any of grades 4 to 8 but no grade higher than 9, requires closure if the school has been in academic emergency for two of the three most recent years, instead of three consecutive years, and has shown less than one year of academic growth in reading or mathematics for at least two of the three most recent years; (3) For a school that offers any of grades 10 to 12, requires closure if the school has been in academic emergency for three of the four most recent years, instead of three consecutive years with two years not showing two years of academic growth in reading or mathematics. Exempts from automatic closure any community school in which a majority of the enrolled students are children with disabilities receiving special education and related services. DOE summary of H.B. 1: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Pages 1264-1265 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3314.35 Source: www.ode.state.oh.us TX Signed into law 06/2009 P-12 Section 69: Adds new section 45.0531. Authorizes the state board by rule to establish a percentage of the cost value of the permanent school fund to be reserved from use in guaranteeing bonds. Section 70: Requires districts seeking state guarantee of eligible bonds to use a form adopted by the commissioner for this purpose. Section 71: Adds reference to credit enhancement. Section 72: Authorizes the commissioner to order a district to set an ad valorem tax rate capable of producing an amount of revenue sufficient to allow the district to provide reimbursement to the permanent school fund and pay the principal of and interest on district bonds as the principal and interest become due. Provides that if a district fails to comply with the commissioner's order, the commissioner may impose any sanctions ennumerated in "Accreditation Sanctions," Subchapter G, Chapter 39, including appointment of a board of managers or annexation to another district, regardless of the district's accreditation status or the duration of a particular accreditation status. Pages 69-72 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf Title: H.B. 3646 - Sections 69-72 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Clarifies language in Section 11.203 regarding participation in the school leadership pilot program for principals. Specifies that an individual serving as principal of a school rated academically unacceptable the previous school year must participate in the program. Eliminates requirement that the person hired to replace such a principal participate in the school leadership pilot program the year following a school's rating as academically unacceptable. Page 11 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 9 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Amends action that triggers a teacher's participation in a teacher reading academy. Former provision required teacher to participate in reading academy if teacher provided instruction in reading, math, science or social studies to students in any grades 6-8 and campus was considered "academically unacceptable." New provision deletes "academically unacceptable" and requires participation in reading academy if campus failed to satisfy any standard under Section 39.054(d). New 39.054(d) standards: Page 80 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Section 24: Page 24 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 24 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Directs a campus intervention team to assist a reconstituted campus in developing an *updated targeted* improvement plan (former language called for development of a "school improvement plan") and in submitting the updated targeted improvement plan to the local board of trustees for approval and presenting the plan in a public hearing as provided by Section 39.106(e-1). Allows the principal of a reconstituted school to remain the principal if the campus intervention team determines that the principal's retention would be more beneficial to student achievement and campus stability than removal. Provides that for each year a reconstituted campus has an unacceptable performance rating, a campus intervention team must assist in updating the targeted improvement plan to identify areas of growth and areas that require improvement, submit the updated plan to the local board of trustees and the parents of campus students, and assist in submitting the updated plan to the commissioner for approval. Authorizes the commissioner to appoint a monitor, conservator, management team or board of managers to ensure and oversee district-level support to low-performing campuses in a district with one or more reconstituted schools. Provides that in making appointments for this purpose or for oversight of implementation of updated targeted improvement plans, the commissioner must consider individuals who have demonstrated success in managing campuses with student populations similar to the campus at which the individual appointed will serve. Provides that a trigger for alternative management or closure of a reconstituted school may be failure of students at the campus to demonstrate substantial improvement in the areas targeted by the updated plan. Provides that a reconstituted school's continued inadequate student achievement or failure to fully implement the updated targeted improvement plan may also result in "repurposing" of the campus. Requires a campus with an unacceptable performance rating for three consecutive years after reconstitution to either be repurposed or closed, or undergo alternative management. Provides an exception to this provision for up to one school year if the commissioner determines that, on the basis of significant improvement in student performance over the preceding two school years, the campus is likely to be assigned an acceptable performance rating for the following school year. Adds language establishing procedures for "repurposing" a campus. Requires the district to develop a repurposing plan, which must be approved by the local board of trustees and the commissioner. Requires the plan to include a description of a rigorous and relevant academic program for the campus, and allows the plan to include various instructional models. Provides the commissioner may not approve a campus repurposing plan unless specified criteria are met, including that the principal and teachers are not retained at the campus, barring certain specified exceptions. Provides that an educator who is not retained at a repurposed campus may be assigned to another position in the district. Authorizes the commissioner to solicit proposals from qualified for-profit entities for alternative management of a low-performing campus if a nonprofit entity has not responded to the commissioner 's request for proposals. In reconstituting, repurposing, or imposing any other intervention or sanction on a campus, prohibits the name of the campus from being changed. Establishes transitional interventions and sanctions to cover the period between enactment of 2009 H.B. 3, to be implemented in August 2013. Authorizes the commissioner to suspend assignment of accreditation statuses and performance ratings for the 2011-2012 school year. Provides such provisions expire September 1, 2014. Pages 109-125 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 59 - Part V Source: www.legis.state.tx.us 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 OH Adopted 06/2009 P-12 Rescinds and adopts new rules relating to school building and district improvement planning, parent notification and intervention. Requires districts and schools identified for improvement to be categorized as low support, medium support or high support based upon the aggregate percentage of students that do not meet adequate yearly progress in reading and math. Establishes differentiated required actions for districts and buildings that have been identified as low, medium or high support. Establishes notification requirements for parents of students in low, medium and high support schools and districts. Adds that, in the case of a school or district that has failed to comply with specified accountability provisions, the department may withhold up to 10% of the school or district's Title I funds, and up to 5% of the school or district's annual foundation payment. Specifies funds may be withheld through the end of the current fiscal year or six months, whichever is longer, and may continue to be withheld each year until the school or district demonstrates compliance. Provides the the state superintendent of public instruction may require that districts and buildings provide documentation related to the implementation of the requirements of sections 3302.04 and 3302.041 of the Revised Code, including parent notifications and communications. http://www.registerofohio.state.oh.us/pdfs/3301/0/56/3301-56-01_PH_FF_N_RU_20090615_1020.pdf Title: OAC 3301-13-01, -02, -37-01 thru -12, -56-01 Source: www.registerofohio.state.oh.us 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 OK Signed into law 05/2009 P-12 Requires schools identified as not making Adequate Yearly Progress to utilize school support team assistance; provides that the support team shall assist the school in incorporating strategies that will strengthen the core academic subjects and address specific academic issues, incorporating strategies to promote high quality professional development, and training teachers to analyze classroom and school-level data. http://webserver1.lsb.state.ok.us/2009-10HB/HB1461_int.rtf Title: H.B. 1461 Source: http://webserver1.lsb.state.ok.us NY Signed into law 04/2009 P-12 Provides that a district that submitted a contract for excellence for the 2008-09 school year must submit a contract for excellence for the 2009-10 school year unless all schools in the district are identified as in good standing. Provides that a district that submitted a contract for excellence for 2007-08 and 2008-09 and that is required to submit a contract for excellence in 2009-10 but did not fully expend all of its 2007-08 foundation aid during the 2007-08 school year may reallocate and expend such unexpended funds in the 2008-09 and 2009-10 school years for allowable contract for excellence programs and activities. Requires New York City school district to prepare a report to the commissioner by November 17, 2009 on the status of implemenetation of its plan to reduce average class sizes as required in the contract for excellence legislation. Specifies the information the report must provide about all schools that received class size reduction funds. http://assembly.state.ny.us/leg/?bn=A00157&sh=t Title: A.B. 157 - Part A, Sections 1-5 Source: assembly.state.ny.us WA Signed into law 04/2009 P-12 Section 501-507 relates to shared accountability for school and district improvement. Legislature recognizes that comprehensive education finance reform and increased investment of public resources necessary to implement that reform must be accompanied by a new mechanism for clearly defining the relationships and expectations for the state, school districts and schools. This will be accomplished through the development of a proactive, collaborative accountability system that focuses on a school improvement system that engages and serves the local school board, parents, students, staff in the school and districts and the community. Improvement system is to be based on progressive levels of support, with a goal of continuous improvement in student achievement and alignment with the federal system of accountability. It is the state's responsibility to provide schools and districts with the tools and resources necessary to improve student achievement. These tools include the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition and, if necessary state intervention. Legislature has already charged the state board of education with developing criteria to identify schools and districts that are successful, in need of assistance and those where students persistently fail, as well as to identify a range of intervention strategies and a performance incentive system. State board is to develop an accountability index to identify schools and districts for recognition and for additional state support. Index is to be based on criteria that are fair, consistent and transparent. Performance is to be measured using multiple outcomes and indicators including, but not limited to, graduation rates and results from statewide assessments. Proposed system is to outline a process for addressing performance challenges that will include the following features: 1) an academic performance audit using peer review teams of educators that considers school and community factors in addition to other factors in developing recommended specific correction actions that should be undertaken to improve student learning; 2) a requirement for the local school board plan to develop and be responsible for implementation of corrective action plan taking into account the audit findings; and 3) monitoring of local district progress by the office of the superintendent of public instruction. Once the accountability index and state system of support is finalized, the superintendent of public instruction and the state board of education will seek approval from the U.S. Department of Education for use of the system in place of the federal accountability system under the No Child Left Behind Act. http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/2261-S.PL.pdf Title: H.B. 2261--Section 501-507, Accountability Source: http://apps.leg.wa.gov MS Signed into law 03/2009 P-12 Prohibits public school students in 7th-12th grades who fail to maintain a cumulative GPA of 2.0 from participating in extracurricular activities. Authorizes and directs the state board to define failing schools and school districts under certain standards. Requires districts to develop and public certain annual reports prescribed by the state board. Authorizes the state board to request the governor to declare a state of emergency in a school district which meets the definition of a failing school district for two consecutive years. Establishes a recovery school district within the department of education under the direction of the superintendent to provide management and oversight for all districts that are subject to state conservator ship and to hear certain appeals from those districts. Provides for the annual audit of public school districts under the direction of the state auditor. Prescribes training requirements for school board members and superintendents in failing school districts. Requires districts receiving accreditation assistance from the department of education to implement programs specified by state superintendent. Directs the state auditor to conduct a review of the finances of any district determined to be in a serious financial condition and make an immediate report thereon. Clarifies that education employment procedures do not apply to any category of employee in a school district subject to a state conservatorship. Require districts with schools determined to be failing to establish community-based education councils that are accountable to the community. Provides for the removal of appointed or elected school superintendents of underperforming school districts under certain circumstances. http://billstatus.ls.state.ms.us/documents/2009/pdf/SB/2600-2699/SB2628SG.pdf Title: S.B. 2628 Source: http://billstatus.ls.state.ms.us 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/ LA Signed into law 07/2008 P-12 Requires the state Department of Education to develop a program that provides for early identification of low performing chools that are at risk of being labeled "academically unacceptable" and provides targeted interventions that are designed to address identified areas of weakness and prevent the low-performing school from failing. http://www.legis.state.la.us/billdata/streamdocument.asp?did=504275 Title: S.B. 582 Source: http://www.legis.state.la.us/ LA Signed into law 07/2008 P-12 Authorizes the denial or suspension of a driver's license or learner's permit of a minor who is not enrolled in or has not completed school or an adult education program or who is habitually absent or tardy; authorizes school boards, the Recovery School District, and nonpublic schools to adopt policies relative to such denial or suspension; provides for notification of the Department of Public Safety and Corrections when a minor drops out of school or is considered habitually absent or tardy. http://www.legis.state.la.us/billdata/streamdocument.asp?did=504219 Title: S.B. 275 Source: http://www.legis.state.la.us/ LA Signed into law 06/2008 P-12 Relates to schools that have been labeled academically unacceptable or failed schools for which a school board has not presented or implemented an acceptable reconstitution plan; provides a retention period for schools transferred to a Recovery School District; requires the Recovery School District to report information to the State Board of Elementary and Secondary Education on the status of such schools, including recommendations on whether the school should be closed or returned to the school system. http://www.legis.state.la.us/billdata/streamdocument.asp?did=497379 Title: H.B. 463 Source: http://www.legis.state.la.us/ TN Signed into law 06/2008 P-12 Outlines procedures to be followed re: schools identified as in improvement. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1006.pdf Title: H.B. 4148 Source: http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1006.pdf NY Adopted 06/2008 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 6-11 of 27: http://www.dos.state.ny.us/info/register/2008/mar5/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet CO Vetoed 05/2008 P-12 Excepts from the calculation of a school's academic performance ratings and from determining accreditation, the assessment scores of students absent on the days assessments are administered under the student assessment program and students' scores that are invalidated as a result of a failure to administer the assessment pursuant to the Department of Education's guidelines; prohibits a school district or a public school from penalizing a student who is absent on the days the assessments are administered. http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/EEC203BE6C42C5C1872573680059FB28?open&file=1186_enr.pdf Title: H.B. 1186 Source: http://www.leg.state.co.us/ 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 AZ Vetoed 04/2008 P-12 Concerns school districts compliance; relates to withholding monies; provides if the Department of Education, the Auditor General or the Attorney General determines that a school district is substantially and deliberately not in compliance and if the district has failed to correct the deficiency within a specified time period after receiving notice, the State Board of Education may direct the withholding of a percentage of moneys the district would otherwise be entitled to receive. http://www.azleg.gov/legtext/48leg/2r/bills/hb2560h.pdf Governor's Veto Message: The Governor states in her veto message that the SBE and the SPI currently have sufficient powers to issue strong penalties to a school district through a ten percent withholding if the school district is in noncompliance with USFR requirements and through new powers granted in H.B. 2711, passed in this legislative session, that allow a takeover of a school district that is academically underperforming. Title: H.B. 2560 Source: http://www.azleg.gov AZ Signed into law 04/2008 P-12 An emergency measure which delays and extends the payback period for over-expenditures for Saddle Mountain Unified School District and Union Elementary School District and provides incentives for the unification or consolidation of these districts with neighboring school districts. Prohibits a school district from committing an over-expenditure. Establishes procedures for placing a district in receivership. Specifies the role of the county school superintendents. Establishes procedures to be taken if a school district has committed an over-expenditure. Establishes fiscal crisis teams under the state department of education, and requires the state board of education to adopt a list of approved professional development training providers in school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement. Mandates twelve hours of professional development training for governing board members and administrative personnel of school districts that have been assigned a level two fiscal crisis team or a receiver. Stipulates that a school district governing board member who fails to complete the professional development training is guilty of malfeasance of office. Requires the state board of education to forward a complaint to the attorney general who may take action in Superior Court to remove the governing board member from office. Also allows the state board of education to revoke the certification of any school district administrative personnel who fail to complete the professional development training. Chapter No. 111 http://www.azleg.gov/legtext/48leg/2r/bills/hb2469h.pdf Title: H.B. 2469 Source: http://www.azleg.gov MS Signed into law 04/2008 P-12 Provides that the appointed or elected superintendent of education in an underperforming school district for a specified number of consecutive school years shall be removed from office by the school board at the end of the school year. Provides for the appointment of a new superintendent in the manner provided by law. Provides that an elected superintendent in an underperforming school district who is removed from office shall not be eligible to seek reelection for a certain time period. http://billstatus.ls.state.ms.us/documents/2008/pdf/SB/2100-2199/SB2149SG.pdf Title: S.B. 2149 Source: http://billstatus.ls.state.ms.us/ MS Signed into law 04/2008 P-12 Relates to low performing schools and school districts. Changes the designation of priority schools to schools at risk. Modifies and expands the definition of an at risk school. Commits the Legislature to the appropriation of adequate funds for the support of providing assistance to low-performing schools and districts. Directs the state board to adopt regulations that require districts that receive allocations of adequate education program at-risk funds to specifically target the expenditure of those funds to implement effective programs to serve at-risk students, and that provide the methods by which districts will be held accountable for the expenditure of at-risk funds. http://billstatus.ls.state.ms.us/documents/2008/pdf/SB/2600-2699/SB2666SG.pdf Title: S.B. 2666 Source: http://billstatus.ls.state.ms.us MS Signed into law 03/2008 P-12 Creates a task force to study and report on the status of underperforming schools and districts in the state, effectiveness measures for improvement of those schools and school districts and enhancement of accountability and sanctions imposed on those schools and school districts. http://billstatus.ls.state.ms.us/documents/2008/pdf/SB/2400-2499/SB2405SG.pdf Title: S.B. 2405 Source: http://billstatus.ls.state.ms.us NY Adopted 01/2008 P-12 The board of regents has readopted, by emergency action effective January 22, 2008, the emergency rule adopted at the September 10, 2007 Regents meeting, and readopted at the October 23, 2007 Regents meeting, that added a new section 100.13 and amended section 170.12 of the Commissioner's Regulations. The rule is necessary to implement the Education Law section 211-d to establish allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 9- of 33: http://www.dos.state.ny.us/info/register/2008/feb6/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: www.dos.state.ny.us LA Adopted 12/2007 P-12 Amends rules concerning Bulletin 111 - The Louisiana School, District, and State Accountability System. Sets the target graduation rate for schools at 65%. Separates the current School Improvement set of labels and remedies into two separate sets: (1) the "Academically Unacceptable Schools (AUS)" set, which is time-bound, and (2) the "Subgroup Component Failure (SCF)" set, which is in line with requirements of the No Child Left Behind Act. Accordingly, criteria for schools entering, moving within, and exiting these various levels of AUS and SCF are detailed, as are the related remedies. Page 2593-2600: http://doa.louisiana.gov/osr/reg/0712/0712.doc#_Toc185922091 Title: LAC 28:LXXXIII.301, 517, 613, 707, 709, 903, 1301, 1601-1609, 1901,2101, 2301, 2401, 2501-2505, 2701- 2721, 3301-3303, 3503, 3507, 3701, and 3905. Source: doa.louisiana.gov TX Adopted 12/2007 P-12 Adopts new 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions. The new subchapter defines the accreditation statuses of Accredited, Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked and states how accreditation statuses will be determined and assigned to school districts. The adopted rules also establish accreditation standards and sanctions, including definitions, purpose, technical assistance teams, campus intervention teams, reconstitution, campus closure, alternative management, intervention stages, and oversight appointments. The adoption reflects changes required by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006, which amended the TEC, Chapter 39, Public School System Accountability. As a result of these changes, these new rules were adopted to implement the changes. New 19 TAC §97.1053, Purpose, states the statutory purposes of accreditation statuses and sanctions. The adoption also explains that the accreditation status assigned to a district under this new subchapter reflects performance beginning with the district's 2006 ratings; however, performance for earlier years would be considered for the purposes of accreditation sanctions. New 19 TAC §97.1063, Campus Intervention Team; Reconstitution, implements the provisions of HB 1 related to campuses rated Academically Unacceptable under the state academic accountability rating system and the assignment of a CIT to those campuses. Additionally, the section outlines the obligation of certain principals to participate in the school leadership pilot program required under the TEC, §11.203, and the district's responsibility for covering costs associated with the program. The section also defines the timeline under which a campus can and/or will be ordered to undergo reconstitution. In addition, the adopted new rule describes the activities in which the district, campus, and the CIT must engage to facilitate the reconstitution, including timelines and activities related to the retention or removal of campus educators, including the principal. The adopted new rule also discusses circumstances under which the TEA may assign a monitor, conservator, management team, or board of managers to the campus to ensure the implementation of its school improvement/reconstitution plan and when the TEA may order alternative management or closure of the campus. codifies intervention and sanction processes in place under the Performance-Based Monitoring (PBM) system. The adopted rule describes intervention activities, notification processes for PBM intervention staging, and possible interventions and/or sanctions that may be implemented under the PBM system. Includes other details of related provisions. http://www.tea.state.tx.us/rules/commissioner/adopted/1207/97ee-ltradopt.html Title: 19 TAC Chapter 97 Source: http://www.tea.state.tx.us NY Emergency Rule Extension 11/2007 P-12 Readopts, by emergency action effective November 25, 2007, the emergency rule adopted at the September 10, 2007 Regents meeting that added a new section 100.13 and amended 170.12 of the Commissioner's Regulations. http://www.dos.state.ny.us/info/register/2007/dec12/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet LA Adopted 11/2007 P-12 In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Bulletin 111—The Louisiana School, District, and State Accountability System (LAC Part Number LXXXIII). The changes in §301 expand the criteria for schools considered at risk of failing to be furnished with accountability data during the preliminary release. The changes in §1101 simplify the criterion for schools with school performance scores of 120 or greater being exempt from Academic Assistance (AA) status. The changes for §1403 simplify the criterion for schools to enter AA and describe circumstances under which and procedures by which districts may request waivers of AA status to the Louisiana Department of Education. The changes for §§1405 and 1407 update the criterion by which schools enter and exit AA and reduce the number of higher-performing schools identified for AA with the expected outcome being that LEAs will focus more resources on their schools that are not adequately growing toward the 2014 goal of a School Performance Score of 120. There are no estimated implementation costs (savings) to state or local governmental units as a result of these changes. Title: LAC 28:CXI.2007, Bulletin 118 Source: http://www.doa.louisiana.gov/osr/reg/0711/0711.doc LA Adopted 10/2007 P-12 Revises Bulletin 111 - The Louisiana School, District, and State Accountability System (LAC Part Number LXXXIII). Revises section 603 to include all students in the state-level cohort regardless or entry or exit dates. Revises section 613 to clarify that schools cannot be awarded points for students designated as attendees if they are dropouts; changes the points awarded for School Performance Scores for students receiving TOPS award or completing TOPS programs; changes the points awarded for students receiving an academic endorsement. Revises section 4313 to omit the District Responsibility Index label as a trigger for districts to enter District Improvement status; mandates timeframes for these districts to submit District Improvement Plans to the Louisiana Department of Education (LDE) and for the LDE to review require districts to implement these approved plans; describes sanctions for districts entering District Improvement in line with current law, requiring that they either implement a new curriculum, arrange for particular schools to come under public governance per R.S. 17:1990, or authorize students to transfer to a higher-performing public school operated by another local educational agency after reaching an agreement with the other LEA. See starting page 2031: http://doa.louisiana.gov/osr/reg/0710/0710.doc#_Toc180395357 Title: LAC 28:LXXXIII.603, 613, and 4313 Source: www.lexis.com CA Vetoed 09/2007 P-12 Requires the Fiscal Crisis and Management Assistant Team, until all operational areas have been returned to the governing board of the Oakland Unified School District, to prepare and submit a progress report on the district's assessment and recovery plan. Requires the governing board and the appointed state administrator to agree on and execute a memorandum of understanding regarding the details of returning authority for one or more of the operations areas to the school district. http://www.assembly.ca.gov/acs/acsframeset2text.htm Veto Message: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ab_45_vt_20071013.html Title: A.B. 45 Source: http://info.sen.ca.gov CA Vetoed 09/2007 P-12 Relates to the Public Schools Accountability Act of 1999 which establishes the Immediate Intervention/Underperforming Schools Program to provide funding to schools that perform below the 50th percentile on certain achievement tests. Establishes guidelines for determining a schools performance and continuing eligibility in the program based on growth targets assessed over a specified time frame. Establishes actions to be taken when a school fails to meet growth targets established by the program. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: A.B. 438 Source: http://www.assembly.ca.gov NY Adopted 07/2007 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 16-19 of 48: http://www.dos.state.ny.us/info/register/2007/aug15/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet LA Adopted 07/2007 P-12 Amends the following Sections of Bulletin 111: • §1301 Reward Eligibility: Changes one requirement for exemplary academic growth to 2.0 points improvement in a subgroup assessment index rather than growth in a subgroup performance score • §4313 Corrective Actions: Adds detail for how school districts that have been identified for district improvement can exit corrective actions • §4903 Local Superintendent and Board Responsibilities and §4905 Contracting and Employing a District Superintendent: Repeals both of these items, reflecting the legislature's repeal of C and D only of R.S. 17:10.6, Act 687, Reg. Session 2006. http://www.doa.louisiana.gov/osr/reg/0707/0707RUL.pdf Title: LAC 28:LXXXIII.1301, 4313, 4903, and 4905 Source: www.doa.louisiana.gov CA To governor 07/2007 P-12 Relates to special education. Prohibits a nonpublic, nonsectarian school or agency whose certification has been revoked, and certain other administrators and entities involved with the school or agency, from being eligible to apply for recertification for 2 years from the revocation date. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: A.B. 485 Source: http://www.assembly.ca.gov OR Signed into law 07/2007 P-12 Requires state superintendent to assign school ratings. Requires schools rated as in need of improvement to file school improvement plan. Such plans must include: (a) A rigorous curriculum aligned with state standards; (b) High-quality instructional programs; (c) Short-term and long-term professional development plans; (d) Programs and policies to achieve a safe educational environment; (e) A plan for family and community engagement; (f) Staff leadership development; (g) High-quality data systems; (h) Improvement planning that is data-driven; (i) Education service plans for students who have or have not exceeded all of the academic content standards; (j) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities; and (k) District efforts to achieve local efficiencies and efforts to make better use of resources. http://www.leg.state.or.us/07reg/measpdf/hb2200.dir/hb2263.c.pdf Title: H.B. 2263C -- Improvement Plan Components Source: http://www.leg.state.or.us 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 TN Signed into law 06/2007 P-12 Adds making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device including chemical weapons on school property or at a school sponsored event as a zero tolerance event. Also adds new language as a new section: § 55-50-515. (a) The trial judge of the court wherein a juvenile is convicted, or the judge of the juvenile court wherein a juvenile is adjudicated delinquent, for committing an offense requiring a mandatory calendar year suspension from school as mandated by § 49-6-3401(g), or for an offense for suspension or expulsion authorized by § 49-6-3401(a) resulting in a one year expulsion pursuant to § 49-6-3401(c)(4), may order the suspension of such juvenile's drivers license until such person reaches eighteen (18) years of age or up to a period of two (2) years from the date of the commission of the offense, whichever is later. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0457.pdf Title: H.B. 2260 Source: http://www.legislature.state.tn.us TX Signed into law 06/2007 P-12 Standardizes the exemptions for students enrolled in certain advanced courses from the requirement that a student be suspended from participation in extracurricular activities for receiving an unsatisfactory grade. http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB01517F.pdf Title: S.B. 1517 Source: http://www.capitol.state.tx.us NY Signed into law 04/2007 P-12 Adds new sections 211 (see separate record), 211-a, 211-b and 211-c to the education code. Section 211-a: Directs the regents, by the beginning of the 2008-2009 school year, to establish an interim, modified accountability system for schools and districts that is based on a growth model, using existing state assessments. Directs the regents to proceed with the development of an enhanced accountability system, with new or revised state assessments, based on an enhanced growth model that includes a value-added assessment model that employs a scale-score approach to measure growth of students at all levels. Directs the regents, by July 1, 2008, to establish targets for school and district improvement, based on performance on state assessments, graduation rates, and other indicators, such as student retention rates and college attendance and completion rates. Section 211-b: Directs the regents to expand the scope and improve the effectiveness of the schools under registration review (SURR) process in the 2007-2008 school year and thereafter, to ensure that all schools that meet the criteria for identification as SURR are identified as such. Provides that the goal of such expansion is to identify as SURR up to 5% of the schools in the state within four years, and to reorganize or restructure such schools as appropriate. Also directs the regents to develop a plan for increased support and possible intervention in schools in improvement, corrective action, or restructuring status or in SURR status. Directs the regents to establish a two-step process as follows: (1) The appointment by the commissioner of a school quality review team to assist any school in school improvement, corrective action, or restructuring status or in SURR status in developing and implementing a plan for the school. Provides that 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. Requires the team, after such review, to provide diagnostic recommendations for school improvement, which may include administrative and operational improvements. (2) The appointment by the commissioner of a joint school intervention team, for schools in restructuring or SURR status that have failed to demonstrate progress as specified in their corrective action plan or comprehensive education plan. Provides that the team must include administrators and educators from the district or charter school, as well as any distinguished educator appointed to the district (see section 211-c). Provides the team must assist the district in developing, reviewing and recommending plans for reorganizing/reconfiguring such schools. Provides that in both steps of the process, the reasonable and necessary expenses incurred in the performance of the team's duties is to be a charge of the district or charter school that operates the school. Provides that a district that has been identified as requiring academic progress as defined in regulation, or includes one or more schools under registration review, in need of improvement, in corrective action or restructuring status must submit a district improvement plan to the commissioner for approval. Requires that, in formulating the district improvement plan, the district must consider redirecting resources in the identified schools to programs and activities included in the menu of options in section 211-d, subdivision 3. Requires that, if such options are not adopted in the district improvement plan, the district must provide the commissioner with an explanation of such decision, which the commissioner must consider in determining whether to approve the plan. Directs the commissioner to 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. Requires such plan to specify criteria for school closure and include processes to be followed, research-based options, and alternatives and strategies to reorganizing, restructuring or reconfiguring schools. Requires such plan to be developed with input from administrators, teachers and individuals identified as distinguished educators. Directs the regents to ensure that all districts include in any contract of employment with a superintendent, community superintendent or deputy, assistant, associate or other superintendent a provision that the superintendent is required to fully cooperate with any distinguished educator appointed by the commissioner. In the case of a charter school, the contract of employment with the principal or other chief school officer of the charter school must include this provision. Section 211-c: Directs the regents to establish a distinguished educator program that recognizes educational leaders who have agreed to assist in improving the performance of low-performing school districts. Provides that principals, superintendents and teachers, including retirees, under whose leadership schools have demonstrated consistent growth in academic performance and other individuals who have demonstrated educational expertise, including superior performance in the classroom, are eligible for designation as distinguished educators. Provides that employees of for-profit entities are not eligible for such recognition. Directs the commissioner to appoint, from the pool of distinguished educators established by the regents, distinguished educators who have expressed their willingness to assist low-performing districts in improving their academic performance. Directs the commissioner to appoint, to the extent practicable, distinguished educators to assist districts with comparable demographics to the schools or districts under the educator's leadership. Authorizes the commissioner to appoint a distinguished educator to a district when the district or a school has failed to make adequate yearly progress for four or more years and/or as a member of a joint school intervention team (as defined above). Requires the district to which a distinguished educator is appointed to cooperate fully with an appointed distinguished educator. Provides that an appointed distinguished educator must assess the learning environment of schools in the district, review or provide assistance in the development and implementation of any district improvement plan an/or any corrective action, restructuring or comprehensive plan of any school in the district to which the distinguished educator is assigned. Provides that the distinguished educator must either endorse without change or make recommendations for modifications to any such plan to the board of education, trustees or chancellor in New York City and the commissioner. Provides that, upon receipt of any recommendations for modification, the board, trustees or chancellor must either modify the plans accordingly or provide a written explanation to the commissioner of its reasons for not adopting such recommendations. Provides the commissioner must direct the district to modify the plans as recommended by the distinguished educator unless the commissioner finds the district's written explanation has compelling merit. Provides that appointed distinguished educators are to be ex-officio, nonvoting members of the board of education or trustees. Provides that in New York City, an appointed distinguished educator is to be an ex-officio, non-voting member of the community district education council or the city board, as applicable. Provides that reasonable and necessary expenses incurred by an appointed distinguished educator must be paid by the district. Provides that if an appointed distinguished educator is employed by a district or charter school, the board of education or trustees of the school district, New York City chancellor, or the charter school's board of trustees must grant reasonable leave requests and otherwise accommodate the distinguished educator's efforts, to the extent such efforts do not substantially interfere with the educator's performance of his/her regular duties. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 1 Source: assembly.state.ny.us NY Signed into law 04/2007 P-12 Requires every district with at least one school currently identified as requiring academic progress or in need of improvement or in corrective action or restructuring status to prepare a contract for excellence if the district receives an increase in total foundation aid compared to the base year in an amount that equals or exceeds either $15 million or 10% of the amount received in the base year, whichever is less, or receives a supplemental educational improvement plan grant. Provides that in the 2007-2008 school year, the increase must be the amount of the difference between total foundation aid received for the current year and the total foundation aid base. Provides that in New York City, a contract for excellence must be prepared for the city school district and for each community district that meets the above criteria. Requires each contract for excellence to describe how the sum of amounts apportioned to the district in the current year, in total foundation aid and supplemental educational improvement plan grants, in excess of 103% of the district's foundation base, will be used to support new programs/activities or expand the use of programs/activities demonstrated to improve student achievement. Requires each contract for excellence to state, for all funding sources (federal/state/local), the instructional expenditures per pupil, the special education expenditures per pupil, and the total expenditures per pupil, projected for the current year and actually incurred in the base year. Provides each contract for excellence is subject to approval by the commissioner and his/her certification that the expenditure of additional aid or grant amounts is in accordance with these provisions. Provides the school district audit report certified to the commissioner by an independent certified public accountant, an independent accountant or the comptroller of the city of New York must include a certification by such accountant or comptroller and that the increases in total foundation aid and supplemental educational improvement plan grants have been used to supplement and not supplant funds allocated by the district in the base year for such purposes. Requires the contract to specify the new or expanded programs for which additional foundation aid or grants will be used, and to affirm that such programs will predominately benefit students with the greatest educational needs, including limited English proficient students, students in poverty and students with disabilities. Requires the contract in New York City to also include a plan to reduce average class sizes within five years. Provides the plan must also include class size reduction for low-performing and overcrowded schools and include the methods to be used to achieve such class sizes, such as the creation or construction of more classrooms and buildings, the placement of more than one teacher in a classroom, or other means. Directs the commissioner to adopt regulations establishing allowable programs and activities to improve student achievement; directs that these are limited to class size reduction, programs that increase student time on task, teacher and principal quality initiatives, middle and high school restructuring, and full-day kindergarten or prekindergarten. Authorizes districts to use up to 15% of the additional funding they receive for experimental programs to demonstrate the efficacy of other strategies to improve student achievement. Provides that in the 2007-2008 school year, up to$30 million or 25% of such additional funding, whichever is less, may be used to maintain investments in commissioner-approved and other programs and activities to improve student achievement. Directs the commissioner to assist districts that include in their contract for excellence the implementation of incentives, developed in collaboration with teachers in the collective bargaining process, for highly qualified and experienced teachers to work in low-performing schools, to ensure that such incentives are effective. Requires a district contract for excellence developed in the 2008-2009 school year and thereafter to be developed through a public process, in consultation with parents, teachers, administrators, and any appointed distinguished educator. Requires this process to include at least one public hearing; requires this process in New York City to be held within each county of the city. Requires each community district contract for excellence in New York City to be consistent with the citywide contract for excellence, and to be submitted by the community superintendent to the community district education council for review and comment at a public meeting. Requires the trustees or board of education, or New York City comptroller, of each district with a contract for excellence to assure that procedures are in place for parents to bring complaints concerning implementation of the district's contract for excellence. Directs districts subject to contract for excellence provisions to publicly report the expenditure of total foundation aid in the form and manner prescribed by the commissioner, which must ensure full disclosure of such funds. Directs the department to develop a methodology for all districts subject to contract for excellence provisions to report school-based expenditures. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 12 Source: assembly.state.ny.us AK Adopted 04/2007 P-12 Amends rules to the Department of Education and Early Development.Amends the participation rate in the Public School Performance IncentiveProgram. Law allows for certificated and noncertificated staff to receive incentive payments on top of their base salary. Payment does not supplant or affect employee salaries or have any effect on evaluation promotion, discipline or retirement. Intent is encouragement for all involved to work collaboratively and take shared responsibility for all students, use instructional time effectively and use the results of standards-based assessments to target students' academic needs. Incentive for public school personnel to create a learning environment in which the students at that school demonstrate improved academic achievement or continue to perform at an advanced level. http://www.eed.state.ak.us/spip/4AAC33.520_adopt.pdf Title: 4 AAC 33.520 Source: http://www.eed.state.ak.us AR Adopted 04/2007 P-12 Adopts rules to develop a single comprehensive testing, assessment and accountability program which utilizes the most current and effective testing, evaluation and assessment research information designed to achieve the following: 1) clear academic standards that are reviewed and revised periodically; 2) professional development standards for all administrators, teachers and instructional support personnel; 3) expected achievement levels; 4) reporting on student achievement and other indicators; 5) school and school district evaluation data; 6) system of sanctions and rewards based on performance of schools and school districts; and 7) compliance with current federal and state law and the State Board of Education policies. Ensures all students in Arkansas public schools have an equal opportunity to demonstrate grade-level academic proficiency through the application of knowledge and skills in the core academic students consistent with state curriculum frameworks, performance standards and assessments. Adopts rules to improve student learning and classroom instruction and to support high academic standards for all students, including identifiable subgroups, by establishing the provisions, procedures and requirements for the student assessment program. Also requires point-in-time intervention when it is determined that a student is not performing at grade level; outlines testing and assessment security and confidentiality requirements; and, establishes a program to identify, evaluate, assist and advise public school districts in academic distress. ARKANSAS 4790 http://arkedu.state.ar.us/rules/rules_current.html Title: 005.19.06-002, ADE 247 Source: http://arkedu.state.ar.us AR Signed into law 03/2007 P-12 Provides a major revision of the Public Charter School Law. Amends Public Charter School Law to allow for obtaining conversion public charter school status, open-enrollment public charter school status, or limited public charter school status. Defines the three types. Allows for conversion of school to charter status as a probationary measure for failure to meet academic or fiscal performance criteria. Limits open-enrollment in public school district until after the third year of the administrative reorganization. Grants open-enrollment public charter school the right of first refusal to purchase or lease for fair market value a closed public school facility or unused portion of a public school facility from which it draws its students. (Act. No. 736) http://www.arkleg.state.ar.us/ftproot/bills/2007/public/HB1504.pdf Title: H.B. 1504 Source: http://www.arkleg.state.ar.us MS Signed into law 03/2007 P-12 Revises and clarifies sanctions applicable to schools and districts which are under conservatorship due to a declaration of an emergency or designation as a priority school. Clarifies that the state board my abolish and assume control of a school or district. Provides for the calling of a special election on retention of local school board superintendent or board members. Directs state board to report to legislature on inclusion of graduation rate and dropout rate in the school level accountability system. Authorizes state board to contract with appropriate private entity to perform management oversight functions. http://billstatus.ls.state.ms.us/documents/2007/html/SB/2900-2999/SB2960SG.htm Title: S.B. 2960 Source: http://billstatus.ls.state.ms.us SD Signed into law 02/2007 P-12 Establishes process for following up on allegations of certified personnel and teachers for compromising the integrity of a state-required academic achievement test. Allows the suspension or revocation of the certificate of any certified staff person who knowingly compromises the integrity of a state-required academic achievement test provided to students. http://www.legis.state.sd.us/sessions/2007/bills/HB1033enr.pdf Title: H.B. 1033 Source: http://www.legis.state.sd.us NJ Signed into law 01/2007 P-12 Revises various provisions of The New Jersey Quality Single Accountability Continuum public school district monitoring system, related reporting, and oversight requirements. http://www.njleg.state.nj.us/2006/Bills/A4000/3676_R1.PDF Title: A.B. 3676 Source: New Jersey Legislature LA Adopted 10/2006 P-12 Reverts back to having the state board rather than the state superintendent withhold federal funds under the Individuals with Disabilities Education Act (IDEA) when continuing noncompliance with IDEA is noted in a local school district. Pages 58-59 of 133: http://www.doa.louisiana.gov/osr/reg/0610/0610RUL.pdf Title: LAC 28:XCI.107, 109, and 309 (Bulletin 1922_ Source: www.doa.louisiana.gov LA Signed into law 06/2006 P-12 Repeals R.S. 17:10.6(C) and (D). Section (C) limited the power of local boards of districts identified as academically in crisis. Section (D) removed the power of such boards to contract or employ a superintendent or terminate the contract or employment of the incumbent superintendent. http://www.legis.state.la.us/billdata/streamdocument.asp?did=406149 Title: H.B. 310 Source: www.legis.state.la.us LA Adopted 06/2006 P-12 Full text of language on pages 8-20 of 62: http://www.doa.louisiana.gov/osr/reg/0606/0606RUL.pdf Changes define/outline/clarify the following: --school performance score goals (page 8-10 of 62); --calculating the SPS (School Performance Scores) component (pp 11-12 of 62); --incentive points for a school in which a repeating 4th or 8th grade student scores at a higher achievement level on a LEAP test of math, English language arts, science or social studies than the previous spring (p of 62); --calculating a K-8 assessment index (pp 12-13 of 62); --calculating a 9-12 assessment index (p 13 of 62); --the state assessments in which students in grades 3-11 will participate in annually (p 13 of 62); --inclusion of schools (pp 13-14 of 62); --pairing/sharing of schools with insufficient test data (p 14 of 62); --growth targets (pp 14-15 of 62); --defining, determining a cohort for, documenting and calculating a graduation index (pp 15-16 of 62); --calculating a graduation rate (p 17 of 62); --subgroup component indicators and failing the subgroup component (pp 16-17 of 62); --safe harbor (pp 16-17 of 62); --levels of academic assistance (p 17 of 62); --levels of school improvement, entry into and exit from school improvement, school improvement requirements and state support at each level (pp 17-18 of 62); --recovery school district (p 19 of 62); --inclusion of alternative education students and option considerations (p 19 of 62); --valid data considerations and NRT/CRT data (pp 19-20 of 62); --attendance and dropout/exit data (p 20 of 62); --and subgroup component adequate yearly progress (p 20 of 62). Chapter 45, Disaster Consideration for School and District Accountability, is a proposed amendment designed to address the impacts of Hurricane Katrina and Rita and other disasters that may occur. Title: LAC 28:LXXXIII.Chapters 3, 4, 5, 6, 7, 14, 15, 17, 21, 24, 35, 41,43, and 45 Source: www.doa.louisiana.gov IL Signed into law 06/2006 P-12 Deletes existing provisions related to the approval of a district improvement plan for a district on academic early warning status or watch status. Replaces with language clarifying that such plans must be approved by the school board. Requires all districts required to revise a School Improvement Plan to establish a peer review process for the evaluation of School Improvement Plans. Requires parents and outside experts to be included in the development of all revised school and district improvement plans. Pages 6-12 of 49: http://www.ilga.gov/legislation/94/SB/PDF/09400SB2829lv.pdf Title: S.B. 2829 - School/District Improvement Plans Source: www.ilga.gov AZ Signed into law 04/2006 P-12 Relates the district profiles and accountability for schools failing to meet academic standards. Describes information, procedures and other requirements related to school achievement profiles and action plans. http://www.azleg.gov/legtext/47leg/2r/bills/hb2359h.pdf Title: H.B. 2359 Source: Arizona Legislature IL Adopted 04/2006 P-12 Modifies deadline for a district's status appeal to within 30 days of receipt of notification from the state board of the school's or district's status level, recognition level, or corrective action, OR by September 1 of the calendar year in which the notification occurs, whichever occurs later. This addition of the September 1 option allows districts receiving notification during summer vacation to confer with necessary staff before deciding whether to proceed with an appeal. (pages 483-492 of 705 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue18.pdf) Title: 23 IAC 1.95 Source: www.cyberdriveillinois.com 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 CA Signed into law 04/2006 P-12 Provides that 36 months after the receipt of funding to implement a school action plan, all schools that are not subject to state monitoring are eligible for a 4th year of funding; requires a school for which the most recent base API places the school in decile 6, 7, 8, 9, or 10 to exit the program. Provides specified funding to a school district that is required to enter into a contract with a school assistance and intervention team to implement the team's recommendations. Provides certain funding. http://www.leginfo.ca.gov/pub/bill/asm/ab_1751-1800/ab_1758_bill_20060403_enrolled.pdf Title: A.B. 1758 Source: California Assembly NJ Signed into law 04/2006 P-12 Provides for appointment of a state monitor in school districts with fiscal issues such as deficit balances or whose audits found material weaknesses; allows for an advance state aid payment to certain districts and requires repayment of that advance; appropriates $ 10 million. http://www.njleg.state.nj.us/2006/Bills/AL06/15_.PDF Title: A.B. 2684 Source: http://www.njleg.state.nj.us CO Signed into law 03/2006 P-12 Concerns measures to improve the academic performance of unsatisfactory public schools; allows a school that receives an overall academic performance rating of unsatisfactory to operate under a school improvement plan for 2 full school years; provides for review of the operations of the unsatisfactory school. The state board will review the operations of the school and determine whether it will continue with the school improvement plan, the district or the institue will modify the plan or whether the school will be converted into a charter school. Session Law Chaptered. Chapter No. 116 http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/E8DEBD6DD2EAD79287257068005412FF?Open&file=1240_enr.pdf Title: H.B. 1240 Source: Lexis-Nexis/StateNet SD Signed into law 03/2006 P-12 Appropriates funds to increase funding to education and to assist sparse school districts; requires legislation as part of the final report of the study of school funding. School districts that meet adequate yearly progress in reading and math under the terms of the state's accountability system receive funding. Those school districts that fail to meet adequate yearly progress under the terms of the state's accountability system may apply to the department for a grant to assist the district in meeting future academic targets. http://legis.state.sd.us/sessions/2006/bills/SB198enr.pdf Title: S.B. 198 Source: Lexis-Nexis/StateNet GA Signed into law 12/2005 P-12 Makes the department responsible for the implementation of a single statewide system of accountability. Adds school systems to the system of review and accountability. Strikes subparagraph (D) of paragraph (6) of subsection (a) of Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, and inserts in lieu thereof the following: (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system from a list of available options provided by the local school system. The local school system is to provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parents assume responsibility for the transportation. http://www.legis.state.ga.us/legis/2005_06/pdf/sb35.pdf Title: S.B. 35 Source: http://www.legis.state.ga.us LA Signed into law 11/2005 P-12 Establishes procedures for identifying underperforming schools to be transferred to the Recovery School District. Requires the Recovery School District to provide all educational services to students in transferred schools. Requires the recovery district to develop and present to the state board a plan for the operation of all schools transferred, within six months after the transfer of a school to the recovery district. Sets forth mandatory components of a plan. Mandates that the recovery district retain jurisdiction over any school transferred to it for at least five school years. Requires the recovery district to report to the state board on specified indicators no later than nine months prior to the expiration of the five-year period, and to recommend whether the school should be (aa) Continued in the recovery district pursuant to its reported operational status; continued in the recovery district with a change in its operational status and the nature of the recommended change; closed; or returned to the administration and management of the transferring system with proposed stipulations and conditions for the return. Authorizes the district to manage and retain specified funding; relates to Type 5 charter schools; prohibits members of certain school boards from also being members of the governing board of certain Type 5 charter schools. States that on and after November 15, 2008, no additional schools shall be transferred to the jurisdiction of the recovery district. http://www.legis.state.la.us/billdata/streamdocument.asp?did=329650 Title: H.B. 121A Source: www.legis.state.la.us, Lexis-Nexis/StateNet IL Adopted 11/2005 P-12 Makes changes in the accountability system for public schools. Changes the requirement for adequate yearly progress and the indicators that will be considered; the targets for each aspect of performance; the subgroups of students, their participation in state level assessments, and the treatment of their scores; and the academic early warning and watch status and the requirements for school and district improvement plans and restructuring plans. Section 1.10 Public School Accountability Framework Section 1.20 Operational Requirements Section 1.30 State Assessment Section 1.40 Adequate Yearly Progress Section 1.50 Calculation of Participation Rate Section 1.60 Subgroups of Students; Inclusion of Relevant Scores Section 1.70 Additional Indicators for Adequate Yearly Progress (high school dropout rates/graduation rates) Section 1.75: Student Information System Section 1.80: Academic Early Warning and Watch Status Section 1.85: School and District Improvement Plans; Restructuring Plans Section 1.90: Systems of Rewards and Recognition - The Illinois Honor Role Section 1.95 Appeals Procedure http://www.isbe.state.il.us/rules/archive/pdfs/oneark.pdf AGENCY CONTACT: Sally Vogl, Agency Rules Coordinator, State Board of Education, 100 N First St (W-475), Springfield, IL 62777, 217-782-5270 Title: 23 IAC 1.10, thru .70, .75, .80, .85, .90, .95, Source: www.isbe.state.il.us LA Adopted 11/2005 P-12 Defines growth label changes for three-star schools. Defines the movement of three-star schools into Academic Assistance if performance significantly declines. Addresses the requirement of districts to address the learning needs of mobile students, the writing and implementation of reconstitution plans, and the accountability status of reconfigured schools. These changes take advantage of new flexibility in guidance for No Child Left Behind and address situations that were not considered when the accountability policy was initially written. AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064 http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf Title: LAC 28:LXXXIII.517, 1101, 1501, 1705, 2301, 3301, and 3303 Source: Lexis-Nexis/StateNet and www.doa.state.la.us/osr/reg/ MS Signed into law 10/2005 P-12 Authorizes the state board of education to exempt certain schools from accountability standards due to Hurricane Katrina of 2005. http://billstatus.ls.state.ms.us/documents/20055E/pdf/SB/2001-2099/SB2012SG.pdf Title: S.B. 2012 Source: StateNet CA Signed into law 10/2005 P-12 This bill would require the Superintendent to provide a list of approved school assistance and intervention teams with which a school district may contract if it receives funding under the Immediate Intervention/Underperforming Schools Program.. The bill would require that the list be based on criteria recommended by the Superintendent and adopted by the State Board of Education. The bill would require the Superintendent to remove the management team, trustee, or school assistance and intervention team from providing services at a school if all responsibilities pursuant to the terms of the contract. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: H.B. 953 Source: StateNet GA Adopted 07/2005 P-12 Clarifies rules regarding the statewide accountability system, including definitions, profiles and awards and school- and district-level consequences. Also sets forth state audit and record retention requirements for schools and districts. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru -.04 Source: www.doe.k12.ga.us 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 GA Signed into law 05/2005 P-12 Amends No Pass No Drive law. Adds provision that a student who is pursuing a general education development (GED) diploma will not have his/her drivers license suspended. Amends absences or other behaviors that trigger suspension to include ten or more school days of unexcused absences in the previous academic year; or if student has been found in violation by a hearing officer, panel, or tribunal of one of several offenses, has received a change in placement for committing one of several offenses, or has waived his or her right to a hearing and pleaded guilty to certain offenses on school property or at a school sponsored event (adds the latter). http://www.legis.state.ga.us/legis/2005_06/pdf/sb35.pdf Title: S.B. 35 - Attendance Provisions Source: http://www.legis.state.ga.us 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 VA Emergency Rule Adoption 02/2005 P-12 Outlines the process and procedures for conducting the division-level academic review and submitting the corrective action plan to the Board of Education. Addresses the criteria for selection for the division- level academic review and improvement plans.. VIRGINIA REG 5136 (SN) Title: 8 VAC 20-700-10 thru -50 Source: StateNet GA Adopted 12/2004 P-12 Clarifies rules regarding the following: single statewide accountability system; accountability system definitions; accountability profiles; and accountability system awards and consequences. Single statewide accountability system: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.01.pdf Definitions: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.02.pdf School profiles: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.03.pdf Awards and consequences: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru .04 Source: StateNet SC Signed into law 07/2004 P-12 Authorizes the state board to implement a training program for the school district board of trustees and the district superintendent; authorizes the state board to act as a mediator of personnel issues between the district board and district superintendent; provides that the education oversight committee recruit and train citizens to form a pool for the appointment of nonvoting members to the district board. http://www.scstatehouse.net/sess115_2003-2004/bills/90.htm Title: S.B. 90 Source: http://www.scstatehouse.net GA Adopted 07/2004 P-12 Clarifies rules regarding statewide accountability, applicable definitions, school profiles, and awards and consequences; creates a single statewide accountability system consistent with state and federal law; provides valid, reliable accountability determinations at school, local education agency and state levels with the purpose of promoting continuous improvement in student achievement levels; provides annual profiles for every school and local education agency. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.01.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.02.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.03.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru -.04 Source: Georgia State Web site LA Signed into law 06/2004 P-12 Defines "academically in crisis" district and "academically unacceptable" school. Requires state superintendent to notify the state board, the president of the local board and the local superintendent when a district is found to be academically in crisis. Limits authority of notified local board. Gives notified local superintendent sole and exclusive authority for all other policy, operation and other matters. Limits notified local superintendent's contract to five years. Requires local superintendent, within 180 days of notification, to submit a report to the local board, state board and legislative auditor on the benefits of outsourcing all or some of the district's financial operations. Within 120 days of notification, local superintendent must develop a structured system improvement plan with specified content and submit the plan to the state board for approval. Upon approval of plan, the superintendent must report quarterly to the state and local boards on the progress of implementing the plan. Bars board of "academically in crisis" district from contracting or employing a superintendent or terminating the contract or employment of the incumbent superintendent unless by at least two-thirds vote of the board, and specifies that notified superintendent may receive no salary decrease while district is academically in crisis. Specifies method by which superintendent must be replaced in event of termination of notified superintendent. Requires notified local board to contract with an independent licensed certified public accountant to conduct an audit of the district finances and financial practices. The audit report must be submitted to the local board, the local superintendent and the legislative auditor. Specifies action to be taken following submission of audit report. Requires state superintendent to provide to academically in crisis district a team of distinguished educators to provide a team of distinguished educators to provide expertise, direction and support to the district. A district identified as academically in crisis must continue to be identified as such until student academic performance improves sufficiently to release the district from identification, and all audit findings are corrected. http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LRSN.PDF Title: H.B. 1659 Source: www.legis.state.la.us RI To governor 06/2004 P-12 Provides that if a minor accumulates fifteen (15) unexcused absences within ninety (90) calendar days, they are ineligible for driving privileges and would provide for enforcement, notification, compliance, reinstatement and jurisdiction of this provision. This act would take effect upon passage. Title: S.B. 2594 Source: http://www.rilin.state.ri.us/gen_assembly/genmenu.html RI Became law without governor's signature 06/2004 P-12 Would set eligibility requirements for school attendance to obtain a driver's license for minor students. This act would take effect on January 15, 2005. Title: H.B. 7397 Source: StateNet TN Signed into law 06/2004 P-12 Chapter No. 832. Renames low performing schools and school districts as high priority schools and school districts; allows the commissioner to award grants to individual school systems of up to $50,000, to LEAs for planning and implementation purposes. Allows the commissioner to authorize up to 24 school systems to operate as innovative educational programs which emphasize school-based decision making and the creation of small learning communities. Provides that a school operating an innovative education program is not a charter school and cannot convert to a charter school after being authorized to conduct an innovative education program. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0832.pdf Title: H.B. 1175 Source: http://www.legislature.state.tn.us TN Signed into law 06/2004 P-12 Deletes several sections of 49-1-601 and and substitutes new language. Relates to educational performance goals and measures;changes from dropout rates to graduation rates; provides for testing; requires all public schools and local education agencies to make adequate yearly progress in achieving proficiency for all student subgroups in core academic subjects; each school and local education agency is expected to make statistically significant progress toward that goal. The rate of progress within each grade and academic course, necessary to maintain compliance with this part, will be established after two (2) years of consecutive testing with tests adopted for each grade and subject; provides that tests must have fresh, nonredundant items that did not appear on that test in previous years. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0928.pdf Title: H.B. 3511 Source: http://www.legislature.state.tn.us OK Signed into law 05/2004 P-12 Part of this bill relates to the Reading Sufficiency Act; limits certain students who are excluded from the reading goals and program of reading instruction; modifies reading skills to include vocabulary; requires the demonstration of reading proficiency for driver license; limits alternative documentation option to certain students. http://www2.lsb.state.ok.us/2003-04HB/hb2477_enr.rtf Title: H.B. 2477 Source: http://www2.lsb.state.ok.us VA Signed into law 04/2004 P-12 Modifies provisions. When the state board has obtained evidence through the school academic review process that the failure of schools within a division to achieve full accreditation status is related to division level failure to implement the Standards of Quality, the board may require a division level academic review. After the conduct of such review and within the time specified by the board of Education, each school board shall submit for approval by the board a corrective action plan. The board has the authority to mandate or otherwise enforce compliance with such standard, including the development or implementation of any required corrective action plan that a local school board has failed or refused to develop or implement in a timely manner. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER Title: H.B. 1294 Source: http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER NM Signed into law 03/2004 P-12 Relates to compulsory school attendance; provides for early identification of unexcused absences and truancy; provides for enforcement of habitual truancy; provides for suspension of an habitual truant's driver's license. Title: H.B. 106 Source: StateNet WV Signed into law 01/2004 P-12 Requires the state board to adopt system standards, including student performance and progress, school and school system progress, etc. Requires performance measures to incude graduation rate, dropout rate, attendance, student performance; percentage of graduates who enroll in college immediately and within one year; percentage of graduates who receive additional certification or other competence above what was required for graduation. Sets indicators for determining efficiency. Establishes a system of performance audits that are primarily based on achievement information. Requires technical assistance. Establishes rewards for exemplary performance or practices and levels of sanctions for schools performing below standards. Includes restructuring for schools seriously impaired over time. Requires that students be allowed to transfer from seriously impaired schools. Requires intervention in "nonapproval" status districts. Title: H.B. 4111 Source: StateNet TX Rule Adoption 12/2003 P-12 Repeals old rules and establishes rules relating to public school accountability. Each school district must be assigned an accountability rating by the Texas Education Agency (TEA). The accountability rating of a school district is based primarily on its overall performance by all student populations, on the district's current special education compliance status with the TEA, and on the performance of each of its campuses as demonstrated on state-adopted academic excellence indicators. The academic excellence indicators stipulated in law and the district's current special education compliance with the Texas Education Agency (TEA) are to be the main consideration of the TEA in the annual rating of districts and campuses. Requires the commissioner of education will take any necessary action to comply with all requirements of the No Child Left Behind Act and other federal statutes and regulations. The commissioner of education may impose sanctions as authorized under the No Child Left Behind Act and other federal statutes and regulations in addition to those imposed under Texas Education Code, Chapter 39, Subchapter G. TEXAS REG 89925 (SN) Title: 19 TAC 2.97.A.97.1 thru 97.4 Source: StateNet AR Rule Adoption 11/2003 P-12 Establishes rules governing the Arkansas Comprehensive Testing, Assessment and Accountability Program and the Academic Distress Program (ACTAAP). http://arkedu.state.ar.us/pdf/ade%20162%20actaap.pdf Title: ADE 162 Source: Arkansas State Web site OH Signed into law 08/2003 P-12 Spells out what constitutes school or district status of "excellent," "effective," "in need of continuous improvement," "academic watch" and "academic emergency." Sets out requirements for processes and consequences of failing to meet adequate yearly progress that include provisions for each additional year that AYP is not met. After five consecutive years, for example, these include reopening the school as a community school (charter); replacing personnel; contracting with a nonprofit or for-profit entity to operate the building; turning operation over to the department; otherwise restructuring the buiding's governance. Title: H.B. 3--Section 3302.03 Source: www.legislature.state.oh.us IL Signed into law 08/2003 P-12 Makes changes concerning school recognition standards for student performance and school improvement, recognition levels, rewards and acknowledgements for schools and school districts, academic warning and watch statuses for schools and districts, school and district improvement panels, state interventions, mandate waivers, technical assistance from the state board of education, and an appeals process. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=878&GAID=3&DocTypeID=SB&LegID=3731&SessionID=3 Title: S.B. 878 Source: Legislative Web site CA Signed into law 07/2003 P-12 Designates low-performing schools as high-priority schools for purposes of the Academic Performance Index. http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_96&sess=CUR&house=B&author=bermudez Title: A.B. 96 Source: California Legislative Web site AR Rule Adoption 06/2003 P-12 Requires the development of a single Arkansas comprehensive testing, assessment and accountability program (ACTAAP); ensures all public school students have an equal opportunity to demonstrate grade-level academic proficiency; improves student learning and classroom instruction, and supports high academic standards for all students; requires intervention for students not performing at grade-level; establishes a program for schools districts in academic distress. http://arkedu.state.ar.us/pdf/ade%20188%20actaap.pdf Title: ADE 188 Source: Arkansas State Web site NH Became law without governor's signature 06/2003 P-12 Requires state commissioner to make public a list of schools not meeting performance targets. Establishes strategic responses for local education improvement plans. Requires state department to work cooperatively with the school or district(s). Establishes corrective action plans and sets minimum requirements, including: (a) Identify the area in which the school failed to meet the annual statewide performance targets established under RSA 193-H:2. (b) Identify and describe the strategy the school intends to implement to improve its performance. (c) Establish and explain a strategy designed to promote family and community involvement. (d) Detail how the school district budget reflects the goals of the local education improvement plan. Allows other elements, including: (a) The school's curriculum including curricular priorities and instructional materials. (b) Instructional models that incorporate research-based practices that have been proven to be effective in improving student achievement. (c) Formal and informal opportunities to assess and monitor each child's progress. (d) Evidence of data-based decisions. (e) Structural reform strategies that may include schedule, organization, support mechanisms, and resources. (f) Shared leadership structure to support school improvement. (g) Professional development that is aligned with school improvement goals. (h) External support and resources based on their effectiveness and alignment with the school improvement plan. (i) Extended learning activities for students. Repeals and reenacts the duties of the Legislative Oversight Committee to include: I. Review the development and implementation of the school performance and accountability program II. Review the provisions of RSA 193-H and submit a report of such review annually to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees. III. Propose legislation that is needed. IV. Confer with the commissioner and the state board to identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability. V. Analyze existing department of education programs and initiatives which support improved school performance and accountability. VI. Receive reports from the commissioner regarding the status of public education in New Hampshire, updates on the improvement made by local school districts toward achieving satisfactory progress in statewide student performance under RSA 193-H:2 and status reports on the on-going issues and implications of school accountability at the state and federal level. VII. Review and approve statewide performance targets developed by the department of education and recommended to the legislative oversight committee by the state board of education. VIII. Receive reports from the state board relative to statewide performance targets. Propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make. http://gencourt.state.nh.us/legislation/2003/hb0139.html Title: H.B. 139 (193-G:1) Source: http://gencourt.state.nh.us LA Signed into law 06/2003 P-12 Requires the principal of any public or private school to notify the office of motor vehicles when any student between the ages of 14 and 18 has been subjected to any of the following disciplinary actions: expulsion or suspension from school for ten or more consecutive school days or an assignment to an alternative educational setting for ten or more consecutive school days in accordance with any policy of the school or of the local public school board, limited to expulsions, suspensions, and assignments to alternative educational settings for infractions involving the sale or possession of drugs, alcohol, or any other illegal substance, the possession of a firearm, or an infraction involving assault or battery on a member of the school faculty or staff. Requires local boards to adopt rules and regulations regarding these provisions. Requires the driver's license (or learner's license or intermediate license) of any student subjected to any of the above disciplinary actions to be revoked for one year. Allows student to obtain a special identification card, hearing or a hardship license. Specifies that a license suspension under these provisions cannot extend beyond the student's 18th birthday. Allows a student's driver's license to be eligible for reinstatement if, after six months from the date of denial or suspension, the principal notifies the department in writing that the student has displayed exemplary student behavior at school, has not violated any school policies or been found guilty of any misconduct pursuant to R.S. 17:416 or any policy of the school or of the local public school board, and no further disciplinary measures have been taken. Bars issuer of car insurance from increasing rates or premiums because of any suspension of a license under these provisions. http://www.legis.state.la.us/leg_docs/03RS/CVT4/OUT/0000KSQH.PDF Title: H.B. 1686 Source: www.legis.state.la.us 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 NV Signed into law 06/2003 P-12 The act sets forth the consequences for public schools and school districts that are designated as demonstrating need for improvement. Schools and school districts must be designated as "in need of improvement" on the basis of two consecutive years of data, and only data for pupils who have attended the school or the district for a full academic year may be included in the computations. District level technical assistance partnerships provide technical assistance for schools in need of improvement in the first two years, and the Nevada Department of Education must form state level support teams for the third and subsequent years of needing improvement. Under federal requirements, if schools receiving Title I funds continue to be classified as in need of improvement for five or more years, certain consequences are imposed that can include specified corrective actions and significant restructuring of the school. For non-Title I schools, the consequences of replacing the curriculum, decreasing management authority, or extending the school day or school year are optional, at the recommendation of the state school support teams. School districts that receive Title I funds and are classified as "in need of improvement" face similar sanctions. (114-page bill) http://www.leg.state.nv.us/19thSpecial/bills/SB/SB1_EN.pdf Title: S.B. 1 (Omnibus Bill) Source: Research Division, Legislative Counsel Bureau Summary TX Signed into law 06/2003 P-12 Postsec. Community College Requires districts to analyze information related to dropout prevention. Sec. 29.908. MIDDLE COLLEGE EDUCATION PILOT PROGRAM requires: (a) The commissioner shall establish and administer a middle college education pilot program for students who are at risk of dropping out of school or who wish to accelerate high school completion. If a district has been rated as academically unacceptable for a period of two years or more due to the district's dropout rates, impose sanctions designed to improve high school completion rates, including: (A) ordering the development of a dropout prevention plan for approval by the commissioner; (B) restructuring the district or appropriate school campuses to improve identification of and service to students who are at risk of dropping out of school; (C) ordering lower student-to-counselor ratios on school campuses with high dropout rates; and (D) ordering the use of any other intervention strategy effective in reducing dropout rates, including mentor programs and flexible class scheduling. Also, Sec. 130.0012. PILOT PROJECT: BACCALAUREATE DEGREE PROGRAMS requires: (a) The Texas Higher Education Coordinating Board to establish a pilot project to examine the feasibility and effectiveness of authorizing public junior colleges to offer baccalaureate degree programs in the fields of applied science and applied technology. http://www.capitol.state.tx.us/tlo/78R/billtext/SB00976F.HTM Title: S.B. 976 Source: http://www.capitol.state.tx.us TX Signed into law 06/2003 P-12 Requires the commissioner of education to reconstitute any campus rated as low performing for two consecutive years, removing closure of the school program as one of the possible penalties. Provides that a special campus intervention team would decide which educators to retain. Also requires the Texas Education Agency to report campus performance by August 1 each year and includes as a prerequisite to receive a public education grant or authorization to change schools within the district that the student is assigned to a public school campus that has been considered at any time to be low performing. The bill also provides for a board of managers, appointed by the commissioner of education, to take over the powers of the board of trustees of the district for a period of time. (Bill Analysis, House Committee) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00618&VERSION=5&TYPE=B Title: S.B. 618 Source: http://www.capitol.state.tx.us 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 DE Signed into law 05/2003 P-12 Requires the State Department of Education to issue Delaware Public Education Profiles for all public schools, including charter schools and vocational-technical school districts, on or before August 1 of each year. The purpose of the profiles is to report on the state of the public education system and the progress toward achieving educational goals established by the State Legislature, the State and the federal ESEA Act of 2001. The Department is to develop a performance-based system of rewards and sanctions for schools and school districts. http://www.legis.state.de.us/Legislature.nsf/fsLIS?openframeset&Frame=Main&Src=/LIS/LIS142.NSF/Home!Openform Title: S.B. 76 Source: Delaware Legislative Web site SC Became law without GOVERNOR'S signature. 04/2003 P-12 (Joint Resolution) Approves regulations of the Board of Education; relates to intervention where quality of education in a local school district is impaired. The state department recommends the repeal of Regulation 43-301, Intervention Where Quality of Education in a Local School District is Impaired. S.C. Code Ann. Section 59-18-30 (Supp. 2001) related to intervention in impaired school districts was repealed by the Education Accountability Act of 1998. The Act provides the specifics of a new system of intervention based on school report card ratings. 24 S.C. Code Ann. Regs. 43-301 (Supp. 2001) deals with intervention in impaired districts and is no longer needed. http://www.scstatehouse.net/sess115_2003-2004/bills/3872.htm Title: H.B. 3872 Source: StateNet AR Signed into law 04/2003 P-12 Adds §§ 6-20-1901- 6-15-1911. Creates the Arkansas Fiscal Assessment and Accountability Program; to establish and implement a program at the Department of Education to identify, assess and address school districts in fiscal distress. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2697.pdf Title: H.B. 2697 (Omnibus Bill) Source: Arkansas Legislative Web site AR Signed into law 04/2003 P-12 Amends §§ 6-13-1403 - 6-13-1405; 6-13-1410. Outlines the conditions and the policies under which the State Board of Education may annex school districts who fail to meet the requirements of The Quality Education Act of 2003. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2697.pdf Title: H.B. 2697 (Omnibus Bill) Source: Arkansas Legislative Web site WV Signed into law 03/2003 P-12 Expunges motor vehicle license information for nineteen-year-olds when suspensions or revocations of their licenses are due to school attendance. Title: S.B. 162 Source: StateNet NM Signed into law 03/2003 P-12 Amends Sections 22-2-6 and Section 22-2-14 to allow the state department to take over the control and management of a public schools or district that has failed to meet requirements of law or state board rules and standards. The state board may suspend a board, local superintendent or principal that has notice of disapproval and fails to comply with procedures. Sets other conditions of suspension and appeal, etc. Also allows the department to issue a state identification number for each public school student for use in the accountability data system. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf Title: H.B. 212 (Omnibus Bill) Source: New Mexico State Legislature NM Signed into law 03/2003 P-12 Outlines procedures and timelines for schools that have failed to make adequate yearly progress for two consecutive years (ranked as a school that needs improvement). These schools must develop an improvement plan with documentation of performance measures in which it failed to make AYP; (2) measurable objectives to indicate the action that will be taken to address failed measures; (3) benchmarks to be used to indicate progress in meeting academic content and performance standards; (4) an estimate of the time and the resources needed to achieve each objective in the improvement plan; (5) the support services that shall be provided to students and applications for federal and state funds; and (6) any other information the public school that needs improvement, the local superintendent, the local school board or the department deems necessary. May apply to the department for financial assistance. Must provide transportation or pay the cost of transportation for students who choose to enroll in a higher ranked school. After 3 consecutive years, the school must provide supplemental services, including after-school programs, tutoring and summer services, within available funds. Requires the state board to adopt rules that govern the priority for studnets for who supplemental services are provided and for whom transportation costs are paid. After 4 consecutive years, the school is subject to corrective action and the district must do one of the following (1) replace staff as allowed by law; (2) implement a new curriculum; (3) decrease management authority of the public school; (4) appoint an outside expert to advise the public school; (5) extend the school day or year; or (6) change the public school's internal organizational structure. If a public school fails to make adequate yearly progress for 5 consecutive years, the district must take one or more of the following actions: (1) reopen as a charter school; 2) replace all or most of the staff as allowed by law; (3) turn over the management of the public school to the department; or (4) make other governance changes. Prohibits entering into management contracts with private entities.Section 22-2A-10 establishes a "Schools in Need of Improvement Fund" in the state treasury. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf Title: H.B. 212 (Omnibus Bill) Source: New Mexico State Legislature NM Adopted 12/2002 P-12 Establishes rules annually measuring public schools on the five statewide indicators. All scores, rates, and other measures used in the Accountability Rating System are to be verified by the department. Assessment data is to be considered for accountability ratings only when a group represents 10 or more students. Utilizes results from the state- mandated norm referenced achievement test(s) ('NRT') in Spanish or English, and all accomodations or exemptions must comply with federal guidelines. Ratings of "probationary" may be appealed to the Educational Standards Commission. Schools have one full year from the time they're identified as in need of corrective action to meet the standards for improvement. NEW MEXICO REG 3643 (SN) Title: NMAC 6.19.1.8, 6.19.1.9; 6.19.2.16 Source: StateNet NM Adopted 12/2002 P-12 Amends rules regarding the annual measurement of schools. http://www.nmcpr.state.nm.us/nmac/parts/title06/06.019.0001.pdf 6.19.1.9 Addresses school ratings: A. A school's rating will determine when intervention is appropriate. B. A school's rating is determined by the percentage of data points that are rated as exemplary, exceeds standards, meets standards, and probationary. C. The ratings shall be publicized each year and provided by the department to districts and to schools. D. New schools are not rated. E. A school that receives an overall rating of probationary for a first or second time and will enter either the performance warned or the first year of school improvement categories may appeal the rating to the Educational Standards Commission. The appeal must be made to the State Superintendent of Public Instruction ("State Superintendent") in writing within twenty days of the school's receipt of official notice of the school rating. Provides for use of dropout rates, annual performance measurement (of schools). Uses test results of students in attendance on or prior to the 40-day attendacne count. Considers LEP and IEP test results. Small schools use "rolling averages." Attendance is included as an indicator. Allows intervention at school and district level. 6.19.2.11 allows suspension of a local board until requirements of law, standards or rules have been met, compliance is assured, and the state board removes the suspension. The authority and responsibility of a local board may occur voluntarily -- as an agreement between the state superintendent and the board. Involuntary suspension of local boards may occur if a school within the district has been rated probationary for two out of three consecutive years and has failed to meet the criteria for the extension of school improvement rating for two out of three consecutive years. NEW MEXICO REG 3611 (SN) Title: 6.19.1, 6.19.2 NMAC Source: StateNet PA Signed into law 12/2002 P-12 Authorizes the state superintendent to petition the court in the county to take over any district that has been declared "distressed." http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2644P4690.HTM Title: H.B. 2644 Source: http://www.legis.state.pa.us 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 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 CT Repealed 09/2002 P-12 In 1999, the State Board of Education prepared a list of elementary and middle schools, by school district, that are in need of improvement based on student performance and performance trends on the state-wide mastery examinations. A new list will be prepared on or before February 1, 2003, and every three years thereafter. On or before January 1, 2000, April 1, 2003, and every three years thereafter, the superintendent of schools in districts that have a school on the list must meet with the Commissioner of Education, or the commissioner's designee, to discuss the process for improving school performance. The schools on the list are required to develop a school improvement plan, and take the necessary steps to become accredited by the New England Association of Schools and Colleges. The improvement plan is to be developed in consultation with the school's principal, teachers and the parents of students attending the school and must include criteria for use in measuring progress. The department of education will provide assistance on the development of these plans. Once completed, the improvement plans must be submitted to the department for review and comments, and then to the local board of education for approval. The plan is to be implemented at the beginning of the school year following approval. Enabling Legislation: C.G.S. 10-223 b-c Title: C.G.S. 10-223 b-c Source: http://www.state.ct.us/sde/dsi/accountability/AcctFactsheet2001.PDF NC Signed into law 09/2002 P-12 Requires the Joint Legislative Education Oversight Committee to report to the state board if a local board and school are not responsive to its recommendations. If the state board determines that the school and local board have failed to take appropriate steps to improve student performance, the state board is to assume all powers and duties previously conferred upon the local board and that school and will have general control and supervision of all matters pertaining to that school until student performance meets or exceeds the standards set for the school. The state board may delegate any powers and duties back to the local board before the school meets or exceeds the standards. http://www.ncga.state.nc.us/html2001/bills/AllVersions/Senate/S1275vr.html Title: S.B. 1275 Source: http://www.ncga.state.nc.us NY Signed into law 08/2002 P-12 Amends the Education Law to conform to the provisions of the federal No Child Left Behind Act of 2001; directs the Commissioner of Education to establish procedures for the approval of providers of supplemental educational services; authorizes school districts to contract with approved supplemental educational service providers selected by students' parents. Also adds compliance provisions for safe schools under the No Child Left Behind Act of 2001. http://assembly.state.ny.us/leg/?bn=A11858&sh=t Title: A.B. 11858 Source: http://assembly.state.ny.us TN Signed into law 07/2002 P-12 By September 1 of each year, the commissioner is required to recommend for approval to the state board a listing of all schools to be placed on notice or probation for failure to make adequate progress. If a school system is deemed by the commissioner as not carrying out its responsibilities to a school or schools on notice or probation for technical or other assistance, the system may be included in the recommendation to the state board to be placed on notice or probation. Schools or school systems on notice or probation must abide by guidelines established by the commissioner. During the year on notice, the state department and the office of education accountability are to jointly study any school and/or school system placed on notice. The study will include findings on how the school and/or school system can meet the performance standards for adequate yearly progress. The commissioner has the authority to: (A) Approve the allocation of state discretionary grants; and/or (B) Provide technical assistance through an outside expert. The director of each local education agency serving schools placed on notice must promptly notify parents of students of such identification and revise school improvement plans. If a system or school does not meet the standards for adequate yearly progress by the end of the first year on notice, the system or school may be placed on probation. During the first year a system or school is on probation, the commissioner has the authority to: (A) Approve a school system's allocation of financial resources to a system or school on probation; and (B) Appoint a local community review committee to approve and monitor the school improvement plan. (2) The director of each local education agency serving schools placed on probation is responsible for the following actions: (A) Prompt notification to parents of students of such identification; (B) Implementation of performance contracts for the principal; (C) Provision for remediation services for students; (D) Notification to parents of their option to transfer their children to another public school within the system; and (E) Revision of school improvement plans to incorporate joint study findings. After two consecutive years of probation, if a school or system does not make progress to meet the standards for adequate yearly progress, the commissioner has the authority to: (1) Assume any or all powers of governance for the school or system, provided, however that in the case where the commissioner assumes governance of a school or system the district will continue to be accountable for the match required by the basic funding formula for students served; and/or (2) Recommend to the state board that the director of the local education agency be replaced; and/or (3) Recommend to the state board that some or all of the local board of education members be replaced. (4) If the state board concurs with the recommendation, the commissioner is required to order the removal of some or all of the board members and/or director of schools and shall declare a vacancy in the office or offices. Vacancies on the board are to be filled by the local legislative body until the next general election. If the entire board is removed, the commissioner appoints three citizens to serve the remainder of the term. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0860.pdf Title: H.B. 3159 Source: Lexis-Nexis/StateNet AK Signed into law 06/2002 P-12 Requires school report cards to include performance designations and the department to monitor the progress of the implementation of school improvement plans starting in January 2005 rather than January 2003. Requires the department to begin assigning performance designations in September 2004 rather than August 2002. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0352C&session=22 Title: H.B. 352 Source: www.legis.state.ak.us NY Signed into law 06/2002 P-12 Reforms the governance structure of New York City schools. The new law gives the mayor control over city schools, including the power to appoint the chancellor. The law also eliminates the city's existing 32 community school boards in June 2003 and sets up a task force to devise an alternative mechanism for community input. http://www.state.ny.us/governor/press/year02/june12_4_02.htm Title: A.B. 11627 Source: http://www.state.ny.us/governor/press/year02/june12_4_02.htm IL Active 06/2002 P-12 In 1992 the Academic Watch List was enacted into law in Illinois; the Academic Early Warning List (AEWL) became law in 1996. Schools with low or declining assessment results were identified as not having met state standards and were placed on the state's Academic Early Warning List. Continued declining assessment results could result in a school being placed on the Academic Watch List. Schools placed on the Academic Watch List are subject to having personnel replaced or the reassignment of students to another school. In 1995, a system was designed to inform the public of schools' financial status, thus extending accountability requirements to financial management. Using language similar to academic accountability, this financial management monitoring system is called the Financial Warning and Watch List. Title: N/A Source: NCLB Consolidated State Application June 2002 MO Signed into law 06/2002 P-12 Department is required to identify high-achieving schools as performance schools and specify the waivers of rule applicable to those schools. Schools or districts that are academically deficient, unaccredited or provisionally accredited, or that achieve none of the student performance standards established for accreditation: (1) will be identified as priority schools; (2) must submit an accountability compliance statement that identifies areas of deficiency and provides a strategy to address the deficiencies; and (3) must disclose the deficiencies on the school report card. Sets out a schedule for submission of compliance, and the department may withhold state aid from districts that do not meet the standards and timelines. Strategies for improvement must align curricula; develop individual student plans for any student not receiving special education services who scores at the lowest level of proficiency on the statewide assessments and require those students in grades 9-11 to retake the assessment; focus professional development funds on the ares of greatest academic need; improve teacher and administrator effectiveness; and reallocate resources. Title: H.B. 1711 Source: Summaries of Truly Agreed to and Finally Passed Bills - 2002 AZ Signed into law 05/2002 P-12 Requires that the academic achievement profile report for schools serving students grades K-8 include as indicators the Arizona Measure of Academic Progress and the Arizona Instrument to Measure Standards (AIMS) test. Academic achievement profile reports for schools serving students grades 9-12 must include as indicators the AIMS test, annual dropout and graduation rates. Establishes school classification system; requires department to determine criteria for each school's classification using specified methodology; requires each school's classification and criteria to appear on school report cards. Requires department to develop parallel achievement profile for accommodation schools, alternative schools, and schools serving fewer than 100 pupils. Addresses required actions of first-year and second-year underperforming schools, including underperforming charter schools. Creates consequences for failing schools that do not submit improvement plans and failing schools that do not make adequate improvement during two consecutive years of designation as such. Permits state board to allow governmental, nonprofit or or private organizations to submit applications to the state board to partially or fully manage the school. Sets out state board duties to periodically review performance of school operated by alternative providers as mentioned above. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0284.htm Title: H.B. 2658 Source: www.azleg.state.az.us CA Signed into law 05/2002 P-12 Modifies 1999 Immediate Intervention/Underperforming Schools Program (IIUSP), which formerly required that every participating school district contract with an external evaluator for assistance in development of the school's action plan. Bill allows district to alternatively contract with an entity that has proven, successful expertise specific to the challenges inherent in low-performing schools, including institutions of higher education, county offices of education or school district personnel. Modifies High Priority Schools Grant Program for Low-Performing Schools to automatically approve school for participation upon school's completion of an action plan for participation in the federal program meeting certain requirements that plan for IIUSP participation must meet, and changes deadlines for submission and approval of school action plan during FY 01-02. Increases to $400 the amount of per-pupil money provided under the High Priority Schools Grant Program for Low Performing Schools. Specifies that High Priority Program school must assess pupils' progress with curriculum-based tests proven to be "valid and reliable." Mandates that already-required department study on sustainability of funding for low-performing schools include "(1) An objective rather than a comparative view of the necessity of sustaining supplemental funding over time to address the ongoing needs of low-performing pupils, and the impact of policies that only provide funding over a specified period of time. (2) A description of the ongoing needs of low-performing schools, as identified in needs assessments submitted pursuant to paragraph (3) of subdivision (a) of 52055.620 and the sources of funding schools used to meet these needs. (3) An analysis of the use of funds provided pursuant to this article and the effectiveness of that use in meeting the continued or changing needs of communities served by low-performing schools. This analysis shall include an evaluation of the growth in academic achievement realized by participating schools and the ability of those schools to sustain growth in academic achievement if funding is continued. (4) An assessment of whether local, state, and federal resources are likely to be sufficient to sustain all or some of the academic improvements made in low-performing schools after this state subsidy expires, taking into account prospects for the subsequent pupil population's incidence of poverty and low socioeconomic status." Requires every school district with any schools participating in High Priority Schools Grant Program to submit to state superintendent an analysis of the impact, costs and benefits of the program to the district and local participating schools. Requires the state superintendent to develop and the state board to approve guidelines for an RFP for an independent evaluator to create a multiyear comprehensive evaluation of the implementation, impact, costs and benefits of the program and to release the results of the report to the General Assembly, the Governor and other interested parties. Also specifies that average daily attendance funds are to be allocated to local education agencies and that child care and preschool programs whose average daily enrollment helps determine the allocation must be operated by local education agencies under contract with the Child Development Division of the State Department of Education. Bill modifies means of determining the average daily enrollment of children in preschool and child care programs. http://info.sen.ca.gov/pub/bill/sen/sb_0501-0550/sb_508_bill_20020516_chaptered.html Title: S.B. 508 Source: info.sen.ca.gov MD Signed into law 05/2002 P-12 Establishes appointed New Prince George's County Board of Education and requirements for membership. Provides for compensation of board members. Allows for nonvoting student member. Establishes Chief Executive Officer as executive officer, secretary, and treasurer of county board. Establishes duties of CEO of the board in Prince George's County. Creates selection process for superintendent for Prince George's County. Establishes office, duties and selection process of chief academic officer, chief financial officer and chief accountability officer in Prince George's County. Establishes Parent and Community Advisory Board in Prince George's County; requires regular board and CEO consultation with the Parent and Community Advisory Board. Requires Prince George's County CEO to develop comprehensive master plan, for the board to review, approve, and begin implementation of by November 1, 2002. Requires state board and state superintendent to review and approve master plan. Establishes numerous required areas the master plan must address, including curriculum, professional development, personnel evaluation, addressing the needs of at-risk students and closing the achievement gap. Requires CEO and board to publish annual report addressing specified areas. Allows Prince George's County board or designated committee to hear appeal of CEO's decision on areas affecting specific student. Requires annual allocation of state and Prince George's County government funds through FY07 for public school construction projects. Makes project release for bidding contingent upon approval by the Interagency Committee on School Construction. Changes borders of Prince George's County. Establishes system for election, removal and compensation of Prince George's County board members, 5 representing local areas and 4 at large. Allows for voting student member; student member prohibited from voting on specified administrative and personnel issues. Terms of appointed New Prince George's County board members to expire December 3, 2006. Requires chief academic officer of Prince George's County to devise plan for teacher participation in development of curriculum, instruction, and professional development. Provides for supplementary annual state funding for Prince George's County in FYs 04-07 contingent upon and to the degree of achievement of benchmarks and outcomes in the master plan approved by the state superintendent and state board. Requires New Prince George's County Board to locate interim CEO by August 15, 2002 and permanent CEO by January 1, 2003. Requires consultant to perform comprehensive review of Prince George's County system and new board by June 1, 2006, including review of educational and management reforms made by new board. http://mlis.state.md.us/2002rs/bills/hb/hb0949e.rtf Title: H.B. 949 Source: mlis.state.md.us MD Signed into law 05/2002 P-12 Increases maximum of aggregate principal amount of bonds outstanding that Baltimore district may hold from $25 million to $75 million. Require Baltimore board and CEO to ensure increased community involvement and outreach in support of the city's public schools. Deletes 1997 section requiring adoption and implementation of transition plan. Replaces with requirement that by June 1, 2002, Baltimore district CEO submit 5-year comprehensive master plan to board for review and approval by August 30, 2002 and subsequent review and approval by state board and superintendent. Requires CEO or designee to consult with specified others, including teachers, students and parents during the development of the master plan. Requires master plan to be updated and submitted for state board and superintendent review and approval on annual basis. Establishes areas which master plan must address. Requires department and Baltimore school system to jointly develop a principal development initiative pairing distinguished principals from outside the system and action support teams with principals in training in Baltimore. Addresses minimum appropriations to Baltimore Public School System. Requires consultant to evaluate the Baltimore City-State Partnership and the reform initiatives of the Baltimore City Public School System by December 1, 2006, and the board of commissioners and the state board to report to the general assembly on a review of the evaluation by January 15, 2007. Requires chief officers of Baltimore Public Schools to meet on at least a quarterly basis with the Special Master assigned to the case, after 6 of which meetings the CEO and the state superintendent may adjust the communication schedule. Requires state and Baltimore agencies to communicate on at least a quarterly basis on facilities planning in the Baltimore Public Schools, including on capital improvement program issues. Requires transfer of certain real property assets from Baltimore City Public School System to Baltimore City Board of Commissioners. Through June 30, 2009, permits Board of Public Works to approve state funding for capital improvements to Baltimore public school buildings deeded to Baltimore board or mayor and city council of Baltimore. Requires city to continue cooperation with school system to eliminate environmental hazards in the school system. Permits funds appropriated for the Baltimore City-State Partnership to be used to support the principal development initiative. http://mlis.state.md.us/2002rs/bills/hb/hb0853e.rtf Title: H.B. 853 Source: mlis.state.md.us FL Signed into law 05/2002 P-12 Postsec. Creates new section giving state board oversight of all public school boards and public postsecondary institution boards, gives state board authority to undertake sanctions, including withholding funds, against school district or public postsecondary education institution that does not comply with law or state board rule within specified time. See bill section 376, page 842, line 3 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf Title: S.B. 20E Source: http://www.leg.state.fl.us 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 MD Signed into law 05/2002 P-12 Requires each county board to develop and implement comprehensive master plan that states the goals and strategies to be used to raise student achievement and meet state and local performance standards in each segment of the student population. Plans must be submitted to the department by October 1, 2003 and must include goals and strategies for specified objectives, including for special education, limited-English proficient, prekindergarten, kindergarten, gifted and talented, low-performing, and career- and technology students. State superintendent must review each plan and may require revisions to be made. Permits state board to withhold state funds from any board whose school system fails to make adequate yearly progress towards improving student achievement and meeting state performance standards for each segment of student population or fails to create plan that meets the specified state requirements or take action required by state superintendent. Requires state superintendent to review academic intervention programs and behavior modification programs to identify best practices. http://mlis.state.md.us/2002rs/bills/sb/sb0856e.rtf Title: S.B. 856 Source: mlis.state.md.us 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 NY Signed into law 03/2002 P-12 Extends from April 9,2002 to July 1, 2005, the expiration and repeal of provisions of law which authorizes the chancellor of the city school district of the City of New York to order the supersession of a community school board, or the suspension or removal of such a board or any members thereof. http://assembly.state.ny.us/leg/?bn=A09916 Title: A.B. 9916 Source: http://assembly.state.ny.us/leg/?bn=A09916 VA Signed into law 03/2002 P-12 Modifies the current statute regarding suspension of driver's licenses for truancy to provide, upon a finding of a second or subsequent truancy offense, for the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age 16 and 3 months. Title: H.B. 160 Source: Lexis-Nexis/StateNet OH Signed into law 11/2001 P-12 Requires the state board to establish a standard unit of improvement for buildings and requires districts that are not excellent or effective to develop district-wide continuous improvement plans and to develop continuous improvement plans for buildings within the district that are not excellent or effective. Requires an academic emergency district to implement at least one of the following options: (1) replace the building's principal, (2) redesign the building to address the factors impeding student achievement, (3) institute a new schoolwide curriculum or educational model, (4) contract with a college or university education department, an educational service center, or the state department to operate the building, (5) grant priority under the district's open enrollment policy to students who want to transfer from the building, (6) close the building, or (7) develop an alternative comprehensive plan approved by the department. Requires the department to identify research on the effective use of instructional time and on successful intervention strategies for students from different ethnic and socioeconomic backgrounds and to disseminate such studies through the Ohio SchoolNet Commission. Title: S.B. 1 Source: 2001 Digest of Enactments CA Signed into law 10/2001 P-12 Establishes the High Priority Schools Grant Program for Low Performing Schools within the Public Schools Accountability Act. Requires a school that participates in the High Priority Schools Grant Program for Low Performing Schools that maintains kindergarten or any of grades 1 to 5 to jointly develop with parents, for all children enrolled at the schoolsite, a school-parent compact. Provides alternate sanctions to which a school is subject if it does not meet its growth target. Title: A.B. 961 Source: Lexis-Nexis/StateNet PA Signed into law 10/2001 P-12 Amends the Public School Code. Relates to distress in school districts. Authorizes a school reform commission to assume control of a district after declaration of a school district in distress. Makes provisions regarding school district taxes and non-tax revenue. Authorizes the commission to enter into agreements with non-profit organizations to operate on or more schools. Provides incentives for high school students to pursue medical, nursing and biomedical careers. Title: S.B. 640 Source: Lexis-Nexis/StateNet NH Vetoed 07/2001 P-12 Establishes criteria for measuring school performance standards and creates a watch list for schools which are not making satisfactory progress in school performance areas; establishes an education improvement fund in the Department of Education, which shall be funded by a transfer from the Education Trust Fund in the amount of one-third of 1% of the statewide cost of an adequate education for all pupils. Title: S.B. 164 Source: Lexis-Nexis/StateNet NV Signed into law 05/2001 P-12 Revises provisions governing the accountability of public schools; revises provisions governing the requirements for a person to take tests on general education development; revises provisions governing the pupil count and the calculation of basic support under certain circumstances; revises provisions governing the reporting of results of certain achievement and proficiency examinations; revises the requirements for a course in American government and a course in American history. Title: S.B. 165 Source: Lexis-Nexis/StateNet SC Signed into law 05/2001 P-12 (Joint Resolution) States that schools may qualify for technical assistance based on the criteria established by the Education Oversight Committee for school ratings and on the most recently available Palmetto Achievement Challenge Tests scores. The funding provided for technical assistance under the Education Accountability Act may be reallocated among the programs and purposes specified in this section. The state department is required to establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Nnot to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority school assistance shall include a year-long technical assistance team that may include a lead principal or curriculum specialist, or both. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of a teacher specialist. Technical assistance for below-average schools shall be provided to the extent possible in order of need. Authorizes the reallocation of technical-assistance funding under the Education Accountability Act for specified assistance to low-performing schools and school districts; provides the manner in which and criteria under which this special assistance shall be provided. Title: H.B. 3890 Source: Lexis-Nexis/StateNet 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 TN Became law without governor's signature 05/2001 P-12 Increases from five to ten unexcused absences allowed prior to suspension or denial of driver license of minor individual enrolled in GED courses. Title: S.B. 146 Source: Tennessee Legislative Web Site NM Vetoed 04/2001 P-12 Creates public school reading proficiency fund to help train teachers to teach reading and writing to students below grade level; sets up "enterprise centers" to provide fee-for-service assistance to districts; creates "probationary school intervention funds" for grants to probationary schools; requires colleges of education to form a consortium to develop criterion-referenced end-of-course tests for high schools (to be administered during 2002-03); makes appropriations for professional development days for teachers, teacher mentorship programs, etc.; appropriates dollars to summer programs, bilingual, art/music, full-day kindergarten; appropriates dollars to standards/assessment alignment, development of new assessments and early literacy interventions. Title: S.B. 307 Source: New Mexico Legislative Web Site VA Signed into law 03/2001 P-12 Provides that the failure of a Virginia public high school to achieve full accreditation pursuant to the Standards of Accreditation promulgated by the board of education shall not be the sole criterion for denial of admission and enrollment of a student graduating from such high school to a public institution of higher education in Virginia. Title: S.B. 1324 Source: Lexis-Nexis/StateNet VA Signed into law 02/2001 P-12 Provides that the failure of a Virginia public high school to achieve full accreditation shall not be the sole criterion for denial of admission and enrollment of a student graduating from such high school to a public institution of higher education in Virginia. Title: H.B. 2144 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Extends the date of repeal of existing law authorizing the Compton Unified School District to identify low-performing schools in the district and make pupils in K-12 in those schools eligible for extended school year instruction, to 1/1/2002. Title: S.B. 1387 Source: Lexis-Nexis/StateNet UT Signed into law 09/2000 P-12 Puts into legislation recommendations of Task Force on Learning Standards and Accountability in Public Education created by 1999 legislation. Creates both norm-referenced and criterion-referenced tests for students in most grades; writing assessments for students in grades 6 and 9; and 10th-grade basic skills competency test. Test results shall identify schools for assistance starting in 2003-2004. State Board shall also develop school performance report to provide information, including U-PASS scores, for every public school in the state. The Task Force (named above) shall also seek public input on a possible system of rewards and interventions and on discontinuing social promotion. Task Force shall present report by November 30, 2000. Title: H.B. 177 Source: Lexis-Nexis CA Signed into law 07/2000 P-12 Adjusts the prescribed dates, and would provide that the school action plan pursuant to the Immediate Intervention/Underperforming Schools Program may propose to increase the number of instructional days and may propose to increase up to a full 12 months the amount of time for which certificated employees are contracted if prescribed conditions are met. Title: A.B. 2162 Source: Lexis-Nexis/StateNet CT Signed into law 06/2000 P-12 Concerns underperforming schools; provides grants for boards of education with schools in need of improvement; provides for partnerships with public libraries; provides for actions necessary to become accredited; improves literacy and parental involvement; provides merit bonuses for teachers improving schools in need; states no funds from grants shall be used to supplement funding to boards of education of such schools; requires expenditure reports filed with Department of Education. Title: H.B. 5737 Source: Lexis-Nexis/StateNet OK Signed into law 05/2000 P-12 Modifies the Oklahoma School Testing Program by administering a norm-referenced test in the third-grade beginning with the 2000-2001 school year to continue until the third-grade criterion-referenced test (CRT) is implemented. Field testing of the third grade CRT is delayed until the 2001-2002 school year and implementation is delayed until 2002-2003. Delays implementation of the end-of-instruction tests in Biology I and Algebra I until the 2002-2003 school year. Requires test results to be disaggregated by ethnic group and gender. Declares schools sites to be low-performing if more than 30% of students score unsatisfactory in both reading/English and mathematics on the CRT or end-of-instructions tests, or if the student average score falls in the lowest quartile statewide and below the national average. School sites identified as low-performing for 3 consecutive years will be declared high challenge schools. Effective 7-01-00. Title: S.B. 491 Source: Legislative Review, Oklahoma PA Signed into law 05/2000 P-12 Postsec. Community College Act No. 16 of 2000., Amends the Public School Code. Provides funding for basic education, services to nonpublic schools, special education, professional development, school lunch and breakfast programs, higher education, full-time student community college reimbursement, higher education, vocational education and small district assistance. Provides for an official education assessment test. Identifies underperforming schools and permits charter and for-profit school and other improvements. Title: S.B. 652 Source: Lexis-Nexis/StateNet MS Signed into law 04/2000 P-12 Establishes and implements a superior-performing and exemplary schools program for identifying and granting financial incentives to low performing schools that improve and to the highest performing schools in their classification; provides for school improvement plans for priority schools and the appointment of assistance teams; provides professional development and evaluation of principals, teachers and superintendents; raises salaries for teachers and assistant teachers. Title: H.B. 1134 Source: Lexis-Nexis/StateNet WV Signed into law 04/2000 P-12 Relates to high quality education programs and standards, efficiency standards and indicators, performance measures, the process for improving education, education performance audits, the office of education performance audits, on-site reviews, assessment and accountability, use of assessment information, accreditation and school system approval and impaired schools; creates an exemplary school accreditation standard. Title: H.B. 4674 Source: Lexis-Nexis/StateNet FL Signed into law 04/2000 P-12 Relates to student standards for participation in interscholastic extracurricular student activities; relates to the grade point average of students participating in interscholastic extracurricular activities; requires execution of a contract if a student falls below a certain cumulative grade point average; amends the bylaws of the governing organization of high school athletics relating to student eligibility. Title: S.B. 92 Source: Lexis-Nexis/StateNet CO Signed into law 03/2000 P-12 Directs the Department of Education to evaluate the academic performance and safety environment of every public school within the state; specifies the methodology for such evaluation; requires the department to develop a comprehensive data collection and reporting system to enable the evaluation of every public school in the state; assists in performance decisions at all levels of school administration. Includes component that requires all 11th graders to take the ACT test. Title: S.B. 186 Source: Lexis-Nexis/StateNet NM Vetoed 03/2000 P-12 Relates to interventions for school improvements; changes the distribution of the incentives for school improvement fund. Title: S.B. 40 Source: Lexis-Nexis/StateNet GA Signed into law 03/2000 P-12 The state will reduce funding for all administrative salaries of schools which are deemed to be failing for three years and who have not implemented interventions. However, these schools shall continue to earn funds for nurses, secretaries, visiting teachers, school psychologists, and accountants Title: H.B. 1187 Source: Georgia Department of Education GA Signed into law 03/2000 P-12 The Governor may appoint study commissions as he deems appropriate to study education questions, issue findings and make recommendations to the Education Coordinating Council. This provision will go into effect upon signature to allow the current Education Reform Commission to continue. The Education Coordinating Council (ECC) is created. The ECC is assigned 15 duties, some of which include exercising oversight of accountability systems in other departments and coordinating the activities of state, regional, and local cooperative public education agencies, offices, or councils. The Office of Education Accountability (OEA) is also created. The OEA is directed to establish accountability policies and standards for the state and establish the "official" report card. The Governor and the OEA will give rewards to successful schools. The State Board of Education is given the task of mandating interventions for failing schools, including appointing special masters, mandating school improvement teams, removal of school personnel, allow for a state charter school, mandating the complete reconstitution of the school and hiring all new staff and mandating that parents have the option to relocate to another public school in the district. The OEA develops and both the Council and the State Board of Education adopt a definition for which students are performing "below grade level" and the definition of "dropout." It is charged with setting the pass score for the CRCT and end of course tests. Title: H.B. 1187 Source: Georgia Department of Education GA Signed into law 03/2000 P-12 If a school is consistently underperforming, the local board of education may request from a RESA an instructional care team. RESAs must develop a registry of potential instructional care team members. Each RESA shall provide rules and regulations for the purchase of the services of an instructional care team. If the money is appropriated, RESAs may be provided grants for the purpose of facilitating the development and implementation of instructional care teams. Title: H.B. 1187 Source: Georgia Department of Education UT Signed into law 03/2000 P-12 Establishes the presumption that public school students will pay the fees associated with courses they are repeating or remediation; provides alternatives to waiving the fees in cases of financial hardship; provides for a partial or full waiver in cases of extreme hardship. Title: S.B. 146 Source: Lexis-Nexis/StateNet VA Signed into law 03/2000 P-12 Requires the juvenile and domestic relations court to order the denial of driving privileges for at least 30 days to any child at least 13 years of age upon a finding that the child has failed to comply with certain school attendance and parent-school conference meeting requirements. Title: H.B. 490 Source: Lexis-Nexis/StateNet