Signed by Governor Deval Patrick

Vote Smart's Synopsis:

Vote to pass a bill that amends state education law, including, but not limited to, repealing the charter school cap, authorizing the establishment of Innovation Schools, and authorizing the classification of "underperforming" and "chronically underperforming" schools, which requires the establishment of an innovation plan.

Highlights:

-Repeals the limit on the number of charter schools that are allowed to operate within the state at any given time, currently at 120 (Sec. 6). -Increases the limit on school district funding of charter schools from 9 percent of the district's net school spending to 18 percent, provided that the Department of Education has determined that the district is in the lowest 10 percent of academic performance statewide, based on the following (Sec. 3):

-Combined composite performance index scores on the English language arts and mathematics Massachusetts Comprehensive Assessment System examinations; and -Beginning July 1, 2011, the growth model used to evaluate improvement in student performance.

-Expands the requirements for establishing a charter school, including, but not limited to, requiring applicants to demonstrate the following (Sec. 6):

-Innovative methods to be used in the charter school and how they differ from the district or districts; -Whether the proposed educational program or model is being successfully implemented in the school district or districts; -Student recruitment and retention plan, including, but not limited to, specific strategies for enrolling the following:
-Students eligible for free lunch; -Students eligible for reduced price lunch; -Special education students; -Limited English-proficient students; and -Sub-proficient students, meaning those who scored in the needs improvement, warning, or failing categories on the mathematics or English language arts exam of the Massachusetts Comprehensive Assessment System examines for 2 of the past 3 years, or as defined by the Department of Education using a similar measure;
-Educational program, instructional methodology, and services to be offered to students, including research on how the proposed program might improve academic performance among subgroups; and -School's capacity to address the particular needs of limited English-proficient students.

-Authorizes the Commissioner of Education and Secondary Education to classify a school, other than a Horace Mann charter school, as "underperforming" or "chronically underperforming" based on the following (Sec. 3):

-Student performance data collected by the Board of Education; -School or district review performed on behalf of the Office of Educational Quality and Accountability; or -Regulations adopted by the Board of Elementary and Secondary Education.

-Specifies that school scoring in the lowest 20 percent of academic performance statewide shall be designated as "underperforming" or "chronically underperforming" based on the following (Sec. 3):

-Combined composite performance index scores on the English language arts and mathematics Massachusetts Comprehensive Assessment System examines; and -Beginning July 1, 2011, the growth model used to evaluate improvement in student performance.

-Limits the classification of "underperforming" and "chronically underperforming" to no more than 5 percent of schools in Massachusetts at any given time, and limits the classification of "chronically underperforming" to no more than 2 percent of schools in Massachusetts at any given time (Secs. 3-4). -Requires the establishment of an innovation plan for schools classified as "underperforming" or "chronically underperforming" that shall be authorized for a period of up to 3 years, and specifies that the superintendent of a school district shall establish the plan for schools classified as "underperforming," and the Commissioner shall establish the plan for schools classified as "chronically underperforming" (Sec. 3). -Requires superintendents or the Commissioner to convene a local stakeholder group for the purpose of soliciting suggestions for the innovation plan, consisting of no more than 11 members, including the following (Sec. 3):

-Commissioner or the Commissioner's designee, if the plan is being established by the superintendent ("underperforming" schools); -Superintendent or the superintendent's designee, if the plan is being established by the Commissioner ("chronically underperforming" schools); -Chair of the School Committee, or the Chair's designee; -President of the local teacher's union, or the President's designee; -Administrator from the school selected by the superintendent, including, but not limited to, the school principal; -Teacher from the school selected by the faculty; -Parent from the school selected by the local parent organization or superintendent if no such organization exists; -Representatives of applicable state and local social service, health, and child welfare agencies, selected by the superintendent; and -Representatives of state and local workforce development agencies, selected by the superintendent.

-Requires the innovation plan for schools classified as either "underperforming" or "chronically underperforming" to including the following (Sec. 3):

-Addressing social service and health needs of students and their families, including mental health and substance abuse screenings; -Improving or expanding child welfare services and law enforcement services; -Improving workforce development services provided to students and their families; -Addressing achievement gaps for those with limited English proficiency, students enrolled in special education, and low income students; and -Budget for the school.

-Requires the innovation plan for schools classified as either "underperforming" or "chronically underperforming" to include measurable annual goals in the following areas (Sec. 3):

-Student attendance and dismissal rates; -Student safety and discipline; -Student promotion and graduation; -Student achievement on the Massachusetts Comprehensive Assessment System; -Progress in areas of "academic underperformance"; -Progress among subgroups of students, including low-income, limited English-proficient, and special education students; -Reduction of achievement gaps among different groups of students; -Student acquisition and mastery of contemporary skills; -Development of college readiness; -Building a "culture of academic success" and a "culture of student support and success"; -Parent and family engagement; and -Developmentally appropriate child assessments from pre-kindergarten through 3rd grade, if applicable.

-Authorizes the superintendent to institute various changes when establishing the innovation plan for schools classified as "underperforming," after considering the recommendations of the group of stakeholders, including, but not limited to, the following (Sec. 3):

-Require the principle, administrator, and teachers to reapply for their positions, provided the superintendent has consulted applicable unions and does not dismiss or fail to rehire a teacher with out "good cause"; -Expand, alter, or replace the curriculum of the school; -Reallocate the funds of the existing budget of the school; -Provide additional funds to the school from the district's budget if the school does not receive funding from the district at levels equal to the average per pupil funding received for students of the same classification and grade level in the district; -Provide funds, subject to appropriation, to increase the salary of an administrator or teacher; -Expand the school day or school year; -For elementary schools, add pre-kindergarten and full-day kindergarten classes; and -Limit, suspend, or change 1 or more school district policies.

-Authorizes the Commissioner to institute various changes when establishing the innovation plan for schools classified as "chronically underperforming," after considering the recommendations of the group of stakeholders, including, but not limited to, the following (Sec. 3):

-Require the principle, administrator, and teachers to reapply for their positions, provided the superintendent has consulted applicable unions and does not dismiss or fail to rehire a teacher with out "cause"; -Limit, suspend, or change 1 or more provisions of any contract or collective bargaining agreement, provided the compensation of an administrator, teacher, or staff member is not reduced. -Expand, alter, or replace the curriculum of the school; -Reallocate the funds of the existing budget of the school; -Provide additional funds to the school from the district's budget if the school does not receive funding from the district at levels equal to the average per pupil funding received for students of the same classification and grade level in the district; -Provide funds, subject to appropriation, to increase the salary of an administrator or teacher; -Expand the school day or school year; -For elementary schools, add pre-kindergarten and full-day kindergarten classes; and -Limit, suspend, or change 1 or more school district policies.

-Requires superintendents and the Commissioner to annually review the performance of schools classified as "underperforming" or "chronically underperforming" respectively to determine if the annual goals of the innovation plan are being met (Sec. 3). -Authorizes the Commissioner to modify an innovation plan for schools classified as "underperforming" or "chronically underperforming" if the Commissioner determines that 1 or more goals in the innovation plan have not been met (Sec. 3). -Requires the Commissioner to conduct a review of a school classified as "underperforming" upon the expiration of an innovation plan in which the Commissioner will determine 1 of the following (Sec. 3):

-The school has improved sufficiently for the designation of the school as underperforming to be removed; -The school has improved, but the school remains underperforming, in which case the superintendent may, with approval of the commissioner, renew the plan or establish a new modified play for another period of up to 3 years; or -The school is still chronically underperforming, in which case a innovation plan is required according to the provisions of this Act.

-Requires the Commissioner to conduct a review of a school classified as "chronically underperforming" upon the expiration of an innovation plan in which the Commissioner is authorized to do one of the following (Sec. 3):

-Renew the innovation plan for another period of up to 3 years; -Appoint an external receiver to operate the school if the school remains "chronically underperforming"; -Transfer the operation of a school from an external receiver to the superintendent or another external receiver if the school is currently operated by an external receiver and remains "chronically underperforming"; or -Remove the designation of "chronically underperforming" if the Commissioner determines that the school has improved sufficiently.

-Authorizes local school boards to establish Innovation Schools, operating within a public school district, in which an innovation plan shall be developed by the faculty and leadership of the school or an external partner or partners with the same measurable annual goals as the plans for schools designated as "underperforming" or "chronically underperforming," and shall provide for increased autonomy and flexibility in 1 or more of the following areas (Sec. 7):

-Curriculum; -Budget; -School schedule and calendar; -Staffing policies and procedures; -School district policies and procedures; and -Professional development.

-Requires the superintendent to annually review the performance of Innovation Schools to determine if the annual goals of the innovation plan are being met, and authorizes the school committee to do one of the following based on the advice of the superintendent (Sec. 7):

-Limit 1 or more component of the innovation plan; -Suspend 1 or more components of the innovation plan; or -Terminate the authorization of the school.

-Limits the authorization of an Innovation School to no more than 5 years, and authorizes the school board to extend authorization for additional periods of up to 5 years at the end of the previous authorization period, provided a majority of the board voted to extend the authorization and at least 1 stakeholder group was convened (Sec. 7). -The bill number was S 2201 when introduced in the Senate, S 2205 after it was reported from the Senate Committee on Ways and Means, S 2216 after Senate and House amendments were adopted (House amendments are printed in H 4410), and S 2247 after it was reported from Conference Committee.

Full Bill Text