Intervention in Struggling Schools Through Receivership

1. Intervention in Struggling Schools Through Receivership –New York StateReceivership Cohorts 1 and 2January 9, 2019 1

2. Overview of the Day

3. Participant Goals for the Meeting 3 At the completion of this meeting NYSED would like each participant to: Be better informed about the process of receivership. Be able to better inform colleagues/stakeholders about receivership. Have an opportunity to have their questions about receivership addressed. Build relationships and foster networking opportunities with stakeholder organizations and districts. Be prepared to take the next steps for implementation of receivership.

4. NYSED Goals for the Meeting At the completion of this meeting NYSED hopes to have accomplished the following: Helped participants to better understand the law and regulations related to receivership. Fostered successful partnerships for implementation. Gained a better understanding of how to support schools and districts in implementing receivership.

5. Rules of Engagement During this meeting, we ask each participant to: • Engage in active participation. • Recognize that everyone’s opinion is equal in value. • Commit to agreeable disagreements. • Quickly respond to prompts that signal the end of an activity. • Put all phones on vibrate. • Quietly enter and exit the room (when necessary). • Use the “Parking Lot” for additional questions.

6. TheLaw - Education Law Section 211-f and Receivership In April 2015, Subpart E of Part EE of Chapter 56 of the Laws of 2015 added a new section, 211-f, to Education Law. http://www.p12.nysed.gov/accountability/de/documents/SUBPARTHfinal.pdf Receivership Cohort I (2015-2016 school year to 2017-2018 school year): • Section 211-f required that persistently struggling schools, schools that had been in the most severe accountability status since the 2006-07 school year, be given an initial one-year period under a superintendent receiver to improve student performance. • Struggling Schools, schools that had been priority schools since the 2012-13 school year, were given an initial two-year period under a superintendent receiver to improve student performance. • Those struggling or persistently struggling schools that did not make demonstrable progress within the prescribed time frame could have had an independent receiver appointed to the school for up to three years.

7. Receivership Cohort 1: Results 2015-16 • Initially, 144 schools were placed into receivership for the 2015-16 school year; 65 came off the list at the end of the 2015-16 school year based on 2014-15 NYS Assessment results/NCLB accountability designations or closures. • Therefore, 79 schools in NYS remained designated as either Persistently Struggling or Struggling during the 2015-16 school year. • After 2015-16, 3 of 79 receivership schools closed, and 5 receivership schools were removed from receivership based on NCLB designations, leaving 71 schools in receivership for 2016-17. • Only 1 school failed to make DI. Rather than putting in place an independent receiver, the school district chose to close the school, and re-open a new replacement school with an independent monitor in place. The Department continues to closely monitor this school. 2016-17 • 71 schools in NYS remained designated as either Persistently Struggling or Struggling during the 2016-17 school year. • After the 2016-17 school year, 6 of 71 receivership schools closed and 9 came out of receivership, leaving 56 schools in receivership for 2017-18. • Two schools failed to make DI. Again, rather than putting in place an independent receiver, the LEAs chose to close the schools and re-open new replacement schools with independent monitors in place. The Department continues to closely monitor these schools.

8. Receivership Cohort 1: Results 2017-18 • 56 schools in NYS remained designated as either Persistently Struggling or Struggling during the 2017-18 school year. • After the 2017-18 school year, 2 of 56 receivership schools closed and approximately 29 schools met the condition for removal from receivership (will be TSI or GS under ESSA)at the end of the 2018-19 school year, leaving approximately 25 schools that will continue in receivership through at least the 2018-19 school year. 2018-19 • Cohort 1: Preliminary ESSA results show that approximately 25 receivership cohort 1 schools remain designated, (5 of which are PSSs). • 2 more cohort 1 receivership schools will be closing in June 2019. • Therefore, approximately 23 Cohort 1 receivership schools will remain in receivership in the 2018-19 school year and beyond. • Cohort 2: Preliminarily ESSA results show there are approximately 28 new receivership schools in Cohort 2 (former Priority schools now designated as CSI). • There are approximately 51 receivership schools for the 2018-19 school year.

9. The Law - Education Law Section 211-f and Receivership – Cohort 2 Superintendent is given 2 years with “receivership” powers to improve performance. If the school fails to demonstrate improvement in 2 years, the school may be placed in independent receivership for 3 years. Commissioner can decide to place school in immediate independent receivership, OR Struggling Schools: Schools that have been priority schools since 2015-16. If the school fails to demonstrate improvement in 2 years, the school may be placed in independent receivership for 3 years. Superintendent is given 2 years with “receivership” powers to improve performance. Receivership Cohort 2: No new persistently struggling schools will be named. Under Education Law Section 211-f, when a school is newly identified as struggling, the Commissioner can decide whether the school shall be placed under a school district superintendent receiver or immediately placed under an independent receiver. Otherwise, the struggling school will be given a two-year period under a superintendent receiver to improve student performance.

10. The Intent of School ReceivershipAddressing Potential Barriers to School Turnaround The intent of school receivership is to address potential barriers to school turnaround in the following areas: Governance (Powers of the Receiver) School Leadership and Staffing Collective Bargaining Agreements Parent and Community Engagement Social and Emotional Developmental Health of Students (Community Schools) District Support

11. Superintendent as School Receiver Definition: A superintendent receiver is a superintendent of a school district with one or more schools designated as struggling or persistently struggling pursuant to Education Law section 211-f(1)(a) or (b) who, in accordance with Education Law section 211-f(1)(c) or (d), is vested with all the powers granted to an independent receiver appointed pursuant to Education Law section 211-f. In a struggling school, the superintendent is given 2 years with “receivership” powers to improve performance. Superintendent receivers (and independent receivers) are vested with the powers of a receiver, including the ability to: • Review and make changes to the school budget. • Create/change school program and curriculum. • Supersede a decision made by the local board of education. • Require all staff to reapply for their positions. • Implement professional development for staff. • Expand the school day or year. • Convert the school to a charter school, pursuant to the law. • Request changes to the collective bargaining agreement. • Convert the school to a community school.

12. Superintendent as School Receiver Implementation of Department-Approved Plan • The superintendent receiver implements a school comprehensive education plan (SCEP) or a department-approved school improvement model (e.g., School Improvement Grant 1003(g). • In a quality plan, there is alignment of the department-approved plan and the demonstrable improvement indicators. • The plan must incorporate specific “rigorous performance metrics and goals” specified in the law. Evaluation • For newly identified struggling schools, at the end of a two-year period in which a struggling school is under superintendent receivership, and annually thereafter, the commissioner must determine whether the school should be removed from designation, allowed to continue to be operated by the school district with the superintendent receiver, or be placed into independent receivership.

13. School Receivership: Governance Ability to Supersede Policy, Decision, or Regulation The school receiver is authorized to manage and operate the struggling school and will have the power to supersede any decision, policy or regulation of chief school officer, or of the board of education or another school officer or the building principal that in the sole judgment of the receiver conflicts with the school intervention plan; provided however, that the receiver may not supersede decisions that are not directly linked to the school intervention plan. Limitations on Authority Superintendent receivers cannot override the board of education on decisions related to his or her own employment. The board of education cannot take employment decisions against the superintendent in retaliation for actions taken as a school receiver.

14. Collective Bargaining Agreements Actions taken by the school receiver must be consistent with collective bargaining agreements and Civil Service Law for those issues for which collective bargaining is required. Ability to Request Negotiations The receiver may request that the collective bargaining unit or units representing teachers and administrators negotiate a receivership agreement that modifies the applicable collective bargaining agreement (CBA). Once negotiations are requested by the receiver, the bargaining unit is compelled to negotiate. Issues Subject to Negotiation The receivership agreement may address: the length of the school day or school year; professional development; class size; and changes to programs, assignments, and teaching conditions. Notified parties must have the opportunity to ask the receiver to reconsider the decision to re-staff the school. Timeline and Process for Negotiation The CBA will be subject to ratification within ten business days by the bargaining unit members in the school. If the parties are unable to reach an agreement within thirty days, or if the agreement is not ratified by the union members within ten business days, the parties must submit any remaining unresolved issues to the commissioner who will resolve the issues within five business days. For struggling schools, there is an additional conciliation requirement prior to submission of unresolved issues to the commissioner.

15. Powers of a Receiver – School Leadership and Staffing Ability to Restaff The receiver can abolish positions of members of the teaching and administrative and supervisory staff and terminate the employment of any building principal assigned to a struggling school. Process of Restaffing The receiver can require staff to reapply for their positions in the school. The receiver has full discretion in hiring, except that at least 50 percent of the newly defined positions must be filled with the most senior staff who are determined by the staff committee to be qualified. No Right to Displace Staff who are not rehired will not have any right to bump or displace any other person employed by the district, but will be placed on a preferred eligibility list. Ability to Supersede Staffing Decisions The receiver has the right to supersede the employment decisions of the board of education.

16. PRESENTATION by Buffalo Public Schools Effective Use of Superintendent Receivership Powers

17. Parent and Community Engagement Parent and Community Notification Requirements • The district must provide annual notice that a school has been placed into receivership to parents and guardians of the students of the school. Notices must be translated into the recipients’ native language. • The district must also hold a public meeting or hearing annually for purposes of discussing the performance of the school and the concept of receivership. An interpreter/interpreters must be present at the public meetings. Community Engagement Team • Upon the designation of a struggling school, the district will establish a community engagement team (CET), including, but not limited to, the school principal, parents and guardians, teachers and other school staff and students. • The membership of the CET may be modified at any time. The CET must develop recommendations for improvement of the school and solicit input through public engagement. The team will present its recommendations periodically to school leadership, and to the receiver, as applicable.

18. Public Notice & Community Engagement Team Creation Requirements • Public hearings are to be held in the evening, at the school building and people who are not able to attend public hearings must be able to provide feedback in writing and/or electronically. The district must post notices of public hearings on the school district website. • The community engagement team (CET) must be created in accordance with the provisions of Commissioner’s Regulation 100.11 and include representatives with direct ties to the school. • When the membership of the CET is modified, or vacancies are filled, it must be done through the process established in section 100.11(b). • The school receiver’s quarterly reports must be publicly available in the school district’s offices and posted on the school district’s website, if one exists.

19. Role of Community Engagement Team The role of the Community Engagement Team (CET): • The CET will review, assess, and report on the implementation of the school’s plan. • The CET’s recommendations must be attached to the school plan and the school receiver must attach such recommendations and identify which recommendations were incorporated in the plan and how; as well as, which recommendations were not incorporated in the plan and why. • The district will consult with the CET before proposing to the commissioner any plan modifications. The CET may hold hearings, which must be arranged by the district, to solicit feedback. • The plan must be provided to the local school board, the superintendent, and representatives of the collective bargaining units, CET, and elected representatives of the parent teacher association and/or parent association. • The commissioner will annually consult and cooperate with the district, school staff, and CET in determining whether the school has met its annual goals and in assessing the implementation of the plan.

20. PRESENTATION by Wyandanch UFSD Effective Use of the Community Engagement Team

21. Independent Receivers Definition of an Independent Receiver, from Commissioner’s Regulations 100.19 An independent receiver is a non-profit entity or an individual with a proven track record of improving school performance, or another school district in good standing appointed by a school district and approved by the commissioner to manage and operate all aspects of a school that the commissioner has determined shall be placed into receivership pursuant to Education Law section 211-f and this section and to develop and implement a school intervention plan for such school pursuant to subdivision (f) of this section and convert such school to a community school, provided that, in the case of an independent receiver who is an individual, such individual shall not be an existing officer or employee of the school district at the time of such appointment. Commissioner’s Regulations 100.19 specify the minimum qualifications of an independent receiver. http://www.p12.nysed.gov/accountability/de/documents/MostRecent100.19Regs915p12a2.pdf

22. Independent Receivers Appointment, Approval, and Contract • Districts may appoint an independent receiver of their choosing provided that the candidate completes the independent receiver application and the district submits the application for approval to the commissioner. The Department also maintains an approved list of independent receivers. http://www.p12.nysed.gov/compcontracts/rfq-17-002/home.html • Independent receivers must be appointed by the school board, subject to the commissioner’s approval and must work under contract with the commissioner. • The independent receiver or the independent receiver’s designee cannot attend executive sessions of the board of education pertaining to personnel and/or litigation matters involving the receiver. • The contract for an independent receiver may be terminated by the commissioner for a violation of the law, commissioner’s regulations, or neglect of duty.

23. Definition of Community School Definition of Community School A school that partners with one or more state, local or other agencies to: • Address social service, health and mental health needs of students in the school and their families in order to help students arrive and remain at school ready to learn; • Provide access to child welfare services and, as appropriate, services in the school community to promote a safe and secure learning environment; • Offer access to career and technical education and workforce development services to students in the school and their families in order to provide students and families with meaningful employment skills and opportunities; and • Offer mentoring and other youth development programs.

24. PRESENTATION by Rochester CSD Effective Use of Community School Aspects

25. LUNCH! LUNCH! LUNCH! LUNCH! LUNCH! Be back on time!

26. Presentation by NYSED’s Office of Accountability Demonstrable Improvement

27. Demonstrable Improvement • On an ongoing basis, the Office of Innovation and School Reform will discuss the annual progress targets that must be met in order for a school to make demonstrable improvement. • In determining demonstrable improvement, the commissioner will consider the number of years that a school has been identified and if the superintendent has successfully utilized the powers of a school receiver to implement the plan. • If a school has been removed from Comprehensive Support and Improvement status, the commissioner will remove the school’s designation as Struggling at the end of the school year.

28. Demonstrable Improvement

29. The Importance of Data The Importance of Data It’s so much more than test scores! Data is used to define needs, set goals, plan interventions, and evaluate progress. Effective schools continuously analyze the gaps between goals for student learning and student performance and the actions they need to take.

30. District Presentations on use of Data Albany City School District New York City Department of Education

31. Quarterly Reporting Quarterly Reports Quarterly Report due dates are determined by Commissioner’s Regulations 100.19. Reports are due on October 31st, January 31st, April 30th, and July 31st. Responses should clearly address the prompts in the reporting template. Show progress since last quarter. Please provide evidence of progress or plans for adaptation. When choosing green, yellow, red, have an explanation as to why. Every section must be completed as applicable. The report should have been reviewed with the CET. The final version should be made public via the district website.

32. Next Steps for Cohort 2 Next Steps for Cohort 2 Districts will receive a detailed memo describing the process for being in compliance with Commissioner’s Regulations 100.19. This process includes: providing written notice of the school’s designation as Struggling to parents/guardians no later than 30 days of designation; holding public hearings for the purpose of discussing the school’s performance and the construct of receivership within 30 days of designation as a struggling school (provide written notice of the public hearing at least 10 calendar days prior to the meeting); forming community engagement teams at each school within 15 business days of designation; obtaining CET input on Department-approved intervention plans; and reviewing level 1 demonstrable improvement indicators and choosing level 2 demonstrable improvement indicators.

33. Next Steps for Cohort 1 Review level 1 demonstrable improvement indicators and choose level 2 demonstrable improvement indicators. Quarter 2 reports (due January 31, 2019) will be based on the current level 1 and 2 demonstrable improvement indicators. Begin to revise your department-approved plans to reflect the schools’ new demonstrable improvement indicators and progress targets. Ensure the CET has input into any revisions of the department-approved plan. Ensure that Quarter 3 reports reflect the new demonstrable improvement indicators.

34. Office of Innovation and School Reform (OISR) Performance Management The OISR collects qualitative and quantitative data to ensure that receivership schools are making progress toward meeting or exceeding the demonstrable improvement progress targets via: review of Receivership Quarterly Reports and supporting data; on-site visits; fiscal monitoring of OISR grants; and progress check conference calls. The OISR will contact districts to schedule the above interactions and to guide you on the submission of written notices, CET formation, and public hearings at newly identified schools.

35. THANK YOU! The OISR is always available as a resource to you! Contact us at: 518-473-8852 or at OISR@nysed.gov