Bill Text: NY S05602 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the takeover and restructuring of failing schools.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S05602 Detail]
Download: New_York-2019-S05602-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5602 2019-2020 Regular Sessions IN SENATE May 8, 2019 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to the takeover and restructuring of failing schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (b) and (c) of subdivision 2 and subdivisions 7 2 and 8 of section 211-f of the education law, as added by section 1 of 3 subpart H of part EE of chapter 56 of the laws of 2015, are amended to 4 read as follows: 5 (b) The receiver shall be authorized to manage and operate the failing 6 or persistently failing school and shall have the power to supersede any 7 decision, policy or regulation of the superintendent of schools or chief 8 school officer, or of the board of education or another school officer 9 or the building principal that in the sole judgment of the receiver 10 conflicts with the school intervention plan; provided however that the 11 receiver may not supersede decisions that are not directly linked to the 12 school intervention plan, including but not limited to employment deci- 13 sions, building usage plans, co-location decisions and transportation of 14 students. The receiver shall have authority to review proposed school 15 district budgets prior to presentation to the district voters, or in the 16 case of a city school district in a city having a population of one 17 hundred twenty-five thousand or more, of the adoption of a contingency 18 budget, prior to approval by the board of education, and to modify the 19 proposed budget to conform to the school intervention plan provided that 20 such modifications shall be limited in scope and effect to the failing 21 or persistently failing school and may not unduly impact other schools 22 in the district. A school under receivership shall operate in accord- 23 ance with laws regulating other public schools, except as such 24 provisions may conflict with this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11465-02-9S. 5602 2 1 (c) The commissioner shall contract with the receiver, and the compen- 2 sation and other costs of the receiver appointed by the commissioner 3 shall be paid from a state appropriation for such purpose, or by the 4 school district, as determined by the commissioner, provided that costs 5 shall be paid by the school district only if there is an open adminis- 6 trative staffing line available for the receiver, and the receiver will 7 be taking on the responsibilities of such open line. Notwithstanding 8 any other provision of law to the contrary, the receiver and any of its 9 employees providing services in the receivership shall be entitled to 10 defense and indemnification by the school district to the same extent as 11 a school district employee. The receiver's contract may be terminated by 12 the commissioner for a violation of law or the commissioner's regu- 13 lations or for neglect of duty. A receiver appointed to operate a 14 district under this section shall have full managerial and operational 15 control over such school; provided, however, that the board of education 16 shall remain the employer of record, and provided further that any 17 employment decisions of the board of education [may] shall not be super- 18 seded by the receiver. It shall be the duty of the board of education 19 and the superintendent of schools to fully cooperate with the receiver 20 and willful failure to cooperate or interference with the functions of 21 the receiver shall constitute willful neglect of duty for purposes of 22 section three hundred six of this title. The receiver or the receiver's 23 designee shall be an ex officio non-voting member of the board of educa- 24 tion entitled to attend all meetings of the board of education. 25 7. (a) Notwithstanding any general or special law to the contrary, in 26 creating and implementing the school intervention plan[, the receiver27shall, after consulting with stakeholders and the community engagement28team, convert schools] all schools identified by the commissioner pursu- 29 ant to paragraphs (a) and (b) of subdivision one of this section shall 30 be converted to community schools to provide expanded health, mental 31 health and other services to the students and their families. 32 [In addition,] (a-1) Notwithstanding any general or special law to the 33 contrary, in creating and implementing the school intervention plan the 34 receiver may: (i) review and if necessary expand, alter or replace the 35 curriculum and program offerings of the school, including the implemen- 36 tation of research-based early literacy programs, early interventions 37 for struggling readers and the teaching of advanced placement courses or 38 other rigorous nationally or internationally recognized courses, if the 39 school does not already have such programs or courses; (ii) [replace40teachers and administrators, including school leadership who are not41appropriately certified or licensed; (iii)] increase salaries of current 42 or prospective teachers and administrators to attract and retain high- 43 performing teachers and administrators; [(iv)] (iii) establish steps to 44 improve hiring, induction, teacher evaluation, professional development, 45 teacher advancement, school culture and organizational structure; [(v)] 46 (iv) reallocate the uses of the existing budget of the school; [(vi)] 47 (v) expand the school day or school year or both of the school; [(vii)] 48 (vi) for a school that offers the first grade, add pre-kindergarten and 49 full-day kindergarten classes, if the school does not already have such 50 classes; [(viii) in accordance with paragraphs (b) and (c) of this51subdivision,] (vii) to abolish the positions of all members of the 52 teaching and administrative and supervisory staff assigned to the fail- 53 ing or persistently failing school and terminate the employment of any 54 building principal assigned to such a school, and require such staff 55 members to reapply for their positions in the school if they so choose; 56 [(ix)] (viii) include a provision of a job-embedded professional devel-S. 5602 3 1 opment for teachers at the school, with an emphasis on strategies that 2 involve teacher input and feedback; [(x)] (ix) establish a plan for 3 professional development for administrators at the school, with an 4 emphasis on strategies that develop leadership skills and use the prin- 5 ciples of distributive leadership; and/or [(xi)] (x) order the conver- 6 sion of a school in receivership that has been designated as failing or 7 persistently failing pursuant to this section into a charter school, 8 provided that such conversion shall be subject to article fifty-six of 9 this chapter and provided further that such charter conversion school 10 shall operate pursuant to such article and provided further that such 11 charter conversion school shall operate consistent with a community 12 schools model and provided further that such conversion charter school 13 shall be subject to the provisions in subdivisions three, four, five, 14 six, nine, ten, eleven, twelve and thirteen of this section. 15 [(b) Notwithstanding any other provision of law, rule or regulation to16the contrary, upon designation of any school of the school district as a17failing or persistently failing school pursuant to this section, the18abolition of positions of members of the teaching and administrative and19supervisory staff of the school shall thereafter be governed by the20applicable provisions of section twenty-five hundred ten, twenty-five21hundred eighty-five, twenty-five hundred eighty-eight or three thousand22thirteen of this chapter as modified by this paragraph. A classroom23teacher or building principal who has received two or more composite24ratings of ineffective on an annual professional performance review25shall be deemed not to have rendered faithful and competent service26within the meaning of section twenty-five hundred ten, twenty-five27hundred eighty-five, twenty-five hundred eighty-eight or three thousand28thirteen of this chapter. When a position of a classroom teacher or29building principal is abolished, the services of the teacher or adminis-30trator or supervisor within the tenure area of the position with the31lowest rating on the most recent annual professional performance review32shall be discontinued, provided that seniority within the tenure area of33the position shall be used solely to determine which position should be34discontinued in the event of a tie.35(c) The receiver may abolish the positions of all teachers and peda-36gogical support staff, administrators and pupil personnel service37providers assigned to a school designated as failing or persistently38failing pursuant to this section and require such staff members to reap-39ply for new positions if they so choose. The receiver shall define new40positions for the school aligned with the school intervention plan,41including selection criteria and expected duties and responsibilities42for each position. For administrators and pupil personnel service43providers, the receiver shall have full discretion over all such rehir-44ing decisions. For teachers and pedagogical support staff, the receiver45shall convene a staffing committee including the receiver, two appoint-46ees of the receiver and two appointees selected by the school staff or47their collective bargaining unit. The staffing committee will determine48whether former school staff reapplying for positions are qualified for49the new positions. The receiver shall have full discretion regarding50hiring decisions but must fill at least fifty percent of the newly51defined positions with the most senior former school staff who are52determined by the staffing committee to be qualified. Any remaining53vacancies shall be filled by the receiver in consultation with the54staffing committee. Notwithstanding any other provision of law to the55contrary, a member of the teaching and pedagogical support, administra-56tive, or pupil personnel service staff who is not rehired pursuant toS. 5602 4 1this paragraph shall not have any right to bump or displace any other2person employed by the district, but shall be placed on a preferred3eligibility list in accordance with the applicable provisions of section4twenty-five hundred ten, twenty-five hundred eighty-five, twenty-five5hundred eighty-eight or three thousand thirteen of this chapter. Teach-6ers rehired pursuant to this paragraph shall maintain their prior status7as tenured or probationary, and a probationary teacher's probation peri-8od shall not be changed.9(d)] (b) For a school with English language learners, the professional 10 development and planning time for teachers and administrators identified 11 in clauses (v) and (vi) [and (vii) of the closing paragraph] of para- 12 graph [(a)] (a-1) of this subdivision, shall include specific strategies 13 and content designed to maximize the rapid academic achievement of the 14 English language learners. 15 8. (a) In order to maximize the rapid achievement of students at the 16 applicable school, the receiver may request that the collective bargain- 17 ing unit or units representing teachers and administrators and the 18 receiver, on behalf of the board of education, negotiate a receivership 19 agreement that modifies the applicable collective bargaining agreement 20 or agreements with respect to any failing schools in receivership appli- 21 cable during the period of receivership. The receivership agreement may 22 address the following subjects: the length of the school day; the length 23 of the school year; professional development for teachers and adminis- 24 trators; class size; and changes to the programs, assignments, and 25 teaching conditions in the school in receivership. The receivership 26 agreement shall not provide for any reduction in compensation unless 27 there shall also be a proportionate reduction in hours and shall provide 28 for a proportionate increase in compensation where the length of the 29 school day or school year is extended. The receivership agreement shall 30 not alter the remaining terms of the existing/underlying collective 31 bargaining agreement which shall remain in effect. 32 (b) The bargaining shall be conducted between the receiver and the 33 collective bargaining unit in good faith and completed not later than 34 thirty days from the point at which the receiver requested that the 35 bargaining commence. The agreement shall be subject to a ratification 36 vote within ten business days by the bargaining unit members in the 37 school. [If the parties are unable to reach an agreement within thirty38days or if the agreement is not ratified within ten business days by the39bargaining unit members of the school, the parties shall submit any40remaining unresolved issues to the commissioner who shall resolve any41unresolved issues within five days, in accordance with standard collec-42tive bargaining principles.] 43 (c) For purposes only for schools designated as failing pursuant to 44 subparagraph (ii) of paragraph (c) of subdivision one of this section, 45 bargaining shall be conducted between the receiver and the collective 46 bargaining unit in good faith and completed not later than thirty days 47 from the point at which the receiver requested that the bargaining 48 commence. The agreement shall be subject to a ratification vote within 49 ten business days by the bargaining unit members of the school. [If the50parties are unable to reach an agreement within thirty days or if the51agreement is not ratified within ten business days by the bargaining52unit members of the school, a conciliator shall be selected through the53American Arbitration Association, who shall forthwith forward to the54parties a list of three conciliators, each of whom shall have profes-55sional experience in elementary and secondary education, from which the56parties may agree upon a single conciliator provided, however, that ifS. 5602 5 1the parties cannot select a conciliator from among the three within2three business days, the American Arbitration Association shall select a3conciliator from the list of names within one business day, and the4conciliator shall resolve all outstanding issues within five days.5After such five days, if any unresolved issues remain, the parties shall6submit such issues to the commissioner who shall resolve such issues7within five days, in accordance with standard collective bargaining8principles.] 9 § 2. This act shall take effect July 1, 2020.