OISR Receivership Update - Superintendent Receivership & School Improvement

1. New York StateEducation DepartmentOffice of Innovation and School Reform (OISR)Receivership Update

2. The Work – Superintendent Receivership: • Pursuant to Education Law 211-f, the Commissioner identified during the 2015-16 school year 145 schools in 17 school districts as Struggling Schools or Persistently Struggling Schools: 124 were identified as Struggling Schools & 21 were identified as Persistently Struggling Schools. • In the 2016-2017 school year, there were 71 schools in Receivership: 60 Struggling Schools & 11 Persistently Struggling Schools. As required by state law, in order to use the powers of the Receiver, Superintendents must have a department approved plan (1003(g) School Improvement Grant, School Innovation Fund or School Comprehensive Education Plan) in place for the current school year.

3. The Work Underway - Performance Management of Receivership Schools: • The Office of Innovation and School Reform (OISR) team conducts 4 on-site visits and/or conference calls annually to Persistently Struggling and Struggling Schools to verify intervention plan implementation and to discuss obstacles and plan modifications. • Quarterly reports submitted by each receivership school in October, January, April and July. • Data and plan update narratives are reviewed to assess the connection between the work being done and the Demonstrable Improvement goals that are sought. • “Deep dive” discussions are held with each district to review outcome-based results and to build the district/school capacity to specifically monitor, assess and support the needs of the school. Focus is on, “Who is learning and how do you know?” • Follow-up reports and follow-up visits as needed. 

4. Removal of Schools from Receivership: • Schools are placed in and removed from Receivership based upon their status as Priority Schools. • Consistent with State Education law, Commissioner’s Regulations 100.18(d)(6) specifies that: • A school in superintendent receivership is removed from Persistently Struggling or Struggling School status at the end of the school year in which the school is removed from Priority School status. • A school in independent receivership is removed from Persistently Struggling or Struggling School status at the end of the contract period for the independent receiver following the school’s removal from Priority School status. • A school that is in superintendent receivership can avoid placement under an independent receiver by making Demonstrable Improvement.

5. Demonstrable Improvement: • Persistently Struggling Schools must annually make Demonstrable Improvement or they will be placed in Independent Receivership. • Struggling Schools must make Demonstrable Improvement after an initial two year period or they will be placed in Independent Receivership. Subsequently they must annually make Demonstrable Improvement. • Schools that make Demonstrable Improvement continue under Superintendent Receivership. • In deciding whether Demonstrable Improvement has been made, Commissioner shall consider: • Performance on Metrics • Number of Year Schools have been Identified • Superintendent’s successful use of the powers of a School Receiver to implement the school’s plan.

6. Independent Receivership Request for Qualifications (RFQ) was re-released in Spring 2017. Posted on SED website and emailed to college presidents; BOCES District Superintendents, Superintendents, Public School Administrators, Charter School Administrators, and Nonpublic School Administrators and advertised in Education Weekly. To date, two entities have applied to be Independent Receivers. Applications reviews are in process. Applications are accepted continuously. Districts with schools that have failed to make Demonstrable Improvement can appoint Independent Receivers from the approved list or can appoint an Independent Receiver of their own choosing and request approval from the Commissioner.

7. Community Schools Funding • $75 million is available in the 2017-18 in Community School Grants funds for Persistently Struggling and Struggling Schools. • Eligible schools are those identified throughout the 2016-17 school year. • Funding can be used to support operating and capital costs to transform schools into community hubs. • The Board of Regents promulgated regulations for use of funds, which requires school districts demonstrate substantial parent, teacher, and community engagement in the planning, implementation, and operation of the community school.

8. School Receivership and ESSA • The Department anticipates that any current Priority School that is not in Receivership that is identified as a Comprehensive Support and Improvement School based on 2017-18 school year results will be preliminarily identified for Receivership. • Schools that are currently in Receivership that are not identified based on 2017-18 school year data will be eligible for removal from Receivership status. • The Department anticipates asking for technical amendments to Section 211-f of Education law to align the provisions of statute relating to Receivership with the nomenclature of ESSA.

9. Persistently Struggling Schools Grant • PSSG funds were re-appropriated by the Division of Budget for use during the 2017-2018 school year. The total allocations did not change. • The former PSSG schools – those that were removed from receivership at the end of the 2015- 2016 school year, were deemed eligible to receive their remaining allocations.

10. Next Steps: • Department staff will continue to encourage eligible entities to apply for prequalification as Independent Receivers. • Department staff will continue to gather information necessary to assist in making Demonstrable Improvement determinations. • Commissioner will make Demonstrable Improvement determinations and will approve or appoint Independent Receivers should they be required.