Sec. 13a.01.04.08. Requirements for Local School System Improvement and Corrective Action

A. Local School System Improvement.

(1) The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify for improvement any local school system that for 2 consecutive years fails to make the annual measurable objectives in reading, mathematics, or as applicable, attendance rate, or graduation rate at each of the elementary school grades (3- 5), middle school grades (6-8), and high school grades (9-12).

(2) Before identifying a local school system for improvement, the State Board shall:

(a) Provide the local school system with an opportunity to review the data on which the proposed identification is based;

(b) Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and

(c) Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based.

(3) The State Board shall promptly provide parents of each student enrolled in the schools served by the local school system identified for improvement notice, the results of the review, the reasons for identification of the school system for improvement, and how parents can participate in upgrading the quality of the local school system.

(4) Within 3 months of identification, the local school system shall revise applicable components of the school system master plan to:

(a) Incorporate scientifically based research strategies that strengthen the core academic program in the schools in the system;

(b) Identify actions that have the likelihood of improving student achievement to meet the State's proficiency standards;

(c) Address professional development needs of staff in schools not making AYP;

(d) Include specific measurable achievement goals and targets for each of the subgroups of students;

(e) Address the fundamental teaching and learning needs in schools and specific academic problems of low-achieving schools;

(f) Incorporate as appropriate activities before school, after school, during the summer, and during an extended school year;

(g) Specify the responsibilities of the local school system under the plan; and

(h) Include strategies to promote effective parental involvement in the school.

(5) The local school system shall implement the plan not later than the school year following the year in which the school system was identified for improvement.

(6) Technical Assistance.

(a) The Department shall, if requested, provide technical assistance grounded in scientifically based research that better enables the local school system to develop and implement its plan and work with schools needing improvement.

(b) The Department may use an entity to provide the technical assistance.

B. Local School System Corrective Action.

(1) The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify a local school system for corrective action if a local school system does not make the system improvement performance targets in reading, mathematics, or as applicable, attendance rate or graduation rate for 2 consecutive years at each of the elementary school grades (3-5), middle school grades (6-8), and high school grades (9-12) after identification of the school system for system improvement.

(2) Before identifying a local school system for corrective action, the State Board shall:

(a) Provide the local school system with an opportunity to review the data on which the proposed identification is based;

(b) Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and

(c) Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based.

(3) For a local school system identified for corrective action, the State Board and the State Superintendent of Schools shall continue to make available technical assistance and shall take at least one of the following corrective actions:

(a) Defer, reduce, or redirect State and federal programmatic and administrative funds including per pupil funding;

(b) Order the local school system to institute and fully implement a new curriculum aligned with the State curriculum that is based on State and local academic content and achievement standards, including high quality professional development based on scientifically based research;

(c) Order the local school system to replace school principals and executive officers who are relevant to the failure to make AYP with qualified personnel approved by the State Board and the State Superintendent of Schools;

(d) Remove particular schools from the direct control of the local school board and establish alternative arrangements for public governance and supervision of such schools;

(e) Order a reorganization of the local school system as approved by the State Board and the State Superintendent of Schools that groups specified schools under the direct supervision of an executive officer approved by the State Superintendent of Schools who reports directly to the local school superintendent or chief executive officer;

(f) Through court proceeding, appoint a receiver or trustee to administer the affairs of the local school system in place of the superintendent and school board; or

(g) With legislative authorization, abolish or restructure the local school system.

(4) The State Board shall publish and disseminate to parents and the public information on any corrective action the State Board takes.

(5) The State Board may delay implementation of corrective action if a local school system makes the annual measurable objective for which it was identified for corrective action for 1 year or its failure to make the annual measurable objective is due to exceptional circumstances such as acts of nature or an unforeseen decline in financial resources beyond the control of the local school system. A period of delay under this subsection may not be taken into account in determining the number of consecutive years of failure to make AYP.

(6) If a local school system makes the annual measurable objective in the reported area in the elementary school grades (3-5), middle school grades (6-8), or high school grades (9-12) for 2 consecutive years and continues to meet objectives in other reported areas in the elementary school grades (3-5), middle school grades (6-8), or high school grades (9-12) beginning after the date of identification, the State Board shall not identify the local school system for improvement or for corrective action for the succeeding school year.

(7) If, after 2 years in corrective action, the local school system continues to remain in corrective action, the State Board shall review the actions taken by the local school system and determine if modifications to the corrective action plan are appropriate.

C. Hearings.

(1) If the State Superintendent of Schools recommends that a local school system be placed under corrective action, the State Superintendent of Schools shall provide a written explanation of the basis for the recommendation.

(2) Within 10 days of the date of the recommendation by the State Superintendent of Schools, the local board of education may file a written request for a hearing before the State Board. If a hearing is requested, the hearing shall be scheduled promptly.

(3) The hearing shall proceed in the following manner:

(a) The State Superintendent of Schools or designee shall describe the rationale for the recommendation and submit supporting documentation;

(b) The local board of education through a designee shall present the board's position with respect to the recommendation and submit supporting documentation;

(c) Members of the school community and parents of students in the school may file written comments regarding the recommendations;

(d) The State Board may ask questions during each presentation; and

(e) Counsel may be present and assist each board, but staff members shall make the presentations.

(4) The State Board shall determine by a preponderance of the evidence if the State Superintendent of Schools has provided a sufficient and reasonable basis to support the State Superintendent's recommendation.

D. Transition.

(1) For the 2003-04 school year, the State Board shall identify for corrective action any local school system that as of January 8, 2002, has had 25 percent or more of its schools under local or State reconstitution for more than 3 school years.

(2) For the 2003-04 school year, the State Board shall identify for improvement any local school system that as of September 1, 2003, has 25 percent or more of its schools newly identified for school improvement or corrective action.