A1653

ASSEMBLY, No. 1653

STATE OF NEW JERSEY

INTRODUCED MARCH 4, 1996

By Assemblymen DORIA and ROCCO

An Act concerning educational improvement in State-operated school districts and amending and supplementing P.L.1987, c.399.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that: pursuant to the provisions of P.L.1975, c.212 (C.18A:7A-1 et seq.), the State established a system of evaluation and monitoring of public school districts in order to insure that all districts meet the standards of a thorough and efficient education and to provide a mechanism whereby districts with identified educational and other deficiencies can implement corrective action plans to address those deficiencies; that pursuant to the provisions of P.L.1987, c.399 (C.18A:7A-34 et seq.), the State also established a mechanism whereby the State assumes control of school districts which have, over a period of time, demonstrated an inability to successfully implement a corrective action plan and to ameliorate conditions within the district which interfere with the educational achievement of students.

The Legislature further finds that a problem which has been identified in relation to State-operated school districts is the absence of a mechanism to evaluate if students within such districts are making educational progress and meeting the educational and other benchmarks which would indicate that a return to local control is appropriate; and that this problem can best be addressed in State-operated school districts through the development of an ongoing system of evaluation which provides qualitative, quantitative, formative, and summative information to district teachers, administrators, and parents for use in improving the educational quality of each school within the district and which assures that the administrative and financial procedures, systems, and performance of the district are also subject to an ongoing review to ensure their continued improvement.

2. (New section) The State district superintendent shall, in consultation with the Commissioner of Education, develop, implement, and provide for the evaluation of a program of educational improvement in each school within the State-operated district. The

improvement program shall include curriculum, administration, and finance components and shall incorporate specific quantifiable and quantitative goals, objectives, and student performance targets which are referenced to a five year schedule originating from either the date of the establishment of the State-operated district or the date of the establishment of educational excellence councils within the schools of the district as provided pursuant to section 4 of P.L. , c. (C. ) (now pending before the Legislature as this bill).

The evaluation of the attainment of goals, objectives, and performance targets included within the educational improvement program shall be conducted on a school and district basis and shall include formative and summative information which shall be used in the assessment and modification of educational programs designed to correct deficiencies.

The strategic plan required pursuant to section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall incorporate the information and the results of the evaluation required pursuant to this section and shall be forwarded to the Joint Committee on the Public Schools and the Commissioner of Education.

3. (New section) a. There shall be established within a State-operated school district an Educational Excellence Committee as a standing committee of the advisory board of education established pursuant to section 14 of P.L.1987, c.399 (C.18A:7A-47). The committee shall be composed of at least nine members who shall be appointed by the State district superintendent and shall include four members of the board of education, one community representative, one teacher and one administrator employed within the schools of the district, one representative of higher education, and one member of the business community. The State district superintendent shall select the chair of the committee.

b. The committee shall assist the board of education and the State district superintendent in the development and implementation of programs to improve the quality of education within the district and shall conduct studies and make recommendations to the board and the superintendent in this regard. The committee shall also assist the State district superintendent in the establishment of educational excellence councils within each school of the district as required pursuant to section 4 of P.L , c. (C. ) (now pending before the Legislature as this bill).

c. The State district superintendent shall provide in-service training to assist the committee in the development and implementation of educational improvement programs. The training shall include specific strategies for improving the quality of education within the district.

d. The Educational Excellence Committee shall continue as a standing committee of the board of education established in a State-operated school district pursuant to section 15 of P.L.1987, c.399 (C.18A:7A-48).

4. (New section) a. The State district superintendent shall provide for the establishment and training of an educational excellence council within each school of the district. Membership on the council shall include, but not be limited to, the principal, teachers, parents, representatives of the community, and students if appropriate. A majority of the council shall be composed of classroom teachers and 25% of the council shall be composed of parents. The council shall formulate plans and policies to lead the school in implementing an ongoing program of educational improvement for students within the school.

The members of the council shall be selected by their constituencies with the approval of the State district superintendent. The school principal shall serve as the chair of the council during its first year of operation after which the council shall select a chair from among its members.

b. The commissioner may approve a plan, other than the establishment of an educational excellence council, to ensure teacher, parent, and community involvement in the implementation of a program of educational excellence within a school.

5. (New section) The State district superintendent, in consultation with the commissioner, shall establish as part of the district's reorganization a State-Operated School District Improvement Team to assist the educational excellence councils in developing and sustaining their ability to achieve improvements in the quality of education within the schools. The team shall have experience in evaluation, staff development, facilitation of school change, and knowledge of demonstrably effective strategies and programs. The team shall include a team leader, an evaluation specialist, and a minimum of ten other members. The team members shall be assigned to work with the councils in each of the schools on a rotating basis.

6. (New section) The State Board of Education shall authorize the State district superintendent, with the approval of the commissioner, to waive any State regulation if the superintendent determines that the waiver is necessary to permit a school within the district to implement an innovative improvement plan. The State district superintendent may also enter into cooperative arrangements with other school districts or with public or private postsecondary educational institutions located within the State if the superintendent determines that the arrangement will advance the plan for educational quality of the district or an individual school within the district.

7. (New section) a. The State district superintendent shall provide to the commissioner a strategic plan which details the comprehensive approach to be used to correct identified deficiencies and systemically change the district and each of its schools. The plan shall include annual qualitative and quantitative performance targets which have been established for each school within the district and for the overall operation of the district. The student performance targets shall reflect State testing standards. The superintendent shall assure that evaluation data are collected and analyzed quarterly in each school and that the data are used to assist teachers and administrators within the school in meeting performance targets. The strategic plan shall be reviewed annually, and revised as needed, based on the annual evaluation of progress toward meeting statewide standards for certification required pursuant to section 16 of P.L.1987, c.399 (C.18A:7A-49).

b. The commissioner shall annually review the evaluation results for each school within the State-operated district. In the event that the evaluation data indicates a failure to achieve the performance targets established for a school within the district, the commissioner shall require the State district superintendent to provide information on the reasons for the school's failure to achieve the target and the school's plan for meeting the target in the next school year.

8. Section 1 of P.L.1987, c.399 (C.18A:7A-34) is amended to read as follows:

1. Whenever the Commissioner of Education shall determine after the issuance of an administrative order that a local school district has failed to assure a thorough and efficient system of education, the State Board of Education may issue an administrative order as set forth in section 15 of P.L. 1975, c. 212 (C. 18A:7A-15) which shall remove the district board of education and create a State-operated school district. The State-operated school district shall become effective immediately upon issuance of the administrative order by the State board. The goal of a State-operated school district shall be the creation of a comprehensive system of effective schools within the district which provides the opportunity for each student to reach his full potential.

(cf: P.L. 1987, c. 399, s. 1)

9. Section 2 of P.L.1987, c.399 (C.18A:7A-35) is amended to read as follows:

2. a. The schools of a State-operated school district shall be conducted by and under the supervision of a State district superintendent of schools appointed by the State board upon recommendation of the commissioner. The individual selected shall be qualified by training and experience for the particular district.

b. The State district superintendent shall be appointed for an original term not to exceed five years. Notwithstanding any other provision of law, no person so appointed shall acquire tenure nor shall the commissioner, with approval of the State board, be precluded from terminating the superintendent's services pursuant to the terms of the superintendent's individual contract of employment. For the purpose of the New Jersey Tort Claims Act, N.J.S. 59:1-1 et seq., the State district superintendent shall be considered a State officer.

c. The salary of the State district superintendent shall be fixed by the commissioner and adjusted from time to time as the commissioner deems appropriate. The cost for said salary and for the salaries of all persons appointed pursuant to [this amendatory and supplementary act] P.L.1987, c.399 (C.18A:7A-34 et seq.) shall be an expense of the local school district.

d. The State district superintendent shall perform all the duties and possess all the powers heretofore and hereafter assigned in Title 18A of the New Jersey Statutes to central administrative and supervisory staff, instructional and noninstructional, which shall include but not be limited to the superintendent of schools, secretary of the board of education, school business administrator, school business manager, and assistants and clerks thereto.

e. Except as otherwise provided in [this amendatory and supplementary act] P.L.1987, c.399 (C.18A:7A-34 et seq.), the State district superintendent shall have the power to perform all acts and do all things consistent with law necessary for the proper conduct, maintenance and supervision of the schools in the district.

f. The State district superintendent may make, amend and repeal district rules, policies and guidelines, not inconsistent with law for the proper conduct, maintenance and supervision of the schools in the district.

g. The State district superintendent shall provide in each school a mechanism for parent, teacher and community involvement pursuant to the provisions of section 4 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and for the involvement of parents, teachers, and the community in the development of the strategic plan for systemic educational reform in the district required pursuant to the provisions of section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill).

h. The State district superintendent shall ensure that the district is in compliance with all federal and State laws, rules and regulations relating to equal employment opportunities, affirmative action and

minority business opportunities.

(cf: P.L. 1987, c. 399, s. 2)

10. Section 16 of P.L.1987, c.399 (C.18A:7A-49) is amended to read as follows:

16. a. The State district superintendent shall annually provide to the commissioner an assessment of the progress of the district toward meeting the performance targets contained in the strategic plan required pursuant to section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill and toward meeting the requirements necessary for State certification. In addition, the commissioner shall ensure that the district is regularly monitored by the Department of Education in the manner provided for all school districts in level III monitoring pursuant to section 14 of P.L.1975, c.212 (C.18A:7A-14). The commissioner shall formally report to the State board and to the Governor and the Legislature on the district's progress.

b. Based upon the annual assessment of progress and the district's having received State certification, but not sooner than five years after the establishment of the State-operated school district, the commissioner may recommend to the State board that local control be reestablished. If the State board so determines, local control shall be reestablished effective on the July 1 next ensuing.

c. Upon the reestablishment of local control, the board of education shall assume full responsibility for the operation of the school district; however, upon a determination by the State board that local control should be reestablished, the State district superintendent and those members of the superintendent's staff appointed by operation of these laws relating to State-operated school districts shall continue to serve for a one-year transition period upon conclusion of which their term of service shall expire without prejudice to the right of the district board of education to reappoint any or all such persons to similar positions within the district. During the transition period, the State district superintendent may place matters before the board for a vote. The board of education shall act upon all such matters brought before it by the State district superintendent.

d. Not more than one year following the reestablishment of local control, the board shall call a special election for purposes of placing the question of classification status before the voters of the district, which election shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes concerning school elections.

e. If the voters of the district shall elect to become a type I district, it shall be governed by the provisions of chapter 9 of Title 18A of the New Jersey Statutes relating to type I districts after January 31 next ensuing, unless the district is established in a city of the first class, in which case it shall be governed after June 30 next ensuing. The members of the district board of education at the time of said election shall continue in office until expiration of their respective terms and the qualification in office of their successors.

f. If the voters of the district shall so select that the district shall become a type II district, it shall be governed by the provisions of chapter 9 of Title 18A relating to type II districts and the members of the board of education at the time of said election shall remain and continue in office until the expiration of their respective terms and the qualification of their respective successors.

g. If the commissioner cannot recommend that local control be reestablished in a district five years after the establishment of a State-operated school district, then the commissioner shall provide a comprehensive report to the State board and to the Governor and the Legislature, including a detailed analysis of the causes for the failure of the district to achieve certification and an assessment of the amount of time necessary for the continuation of the State-operated school district. On the basis of that report the State board shall determine whether to continue the State-operated school district or return the district to local control pursuant to this section.

(cf: P.L.1995, c.278, s.25)

11. This act shall take effect immediately.

STATEMENT

This bill makes a number of changes to the statutes which govern State-operated school districts in order to establish specific criteria and a system of evaluation at the district, school and classroom level to measure educational improvement and which may be used to determine when the district is ready to be returned to local control.

The bill directs the State district superintendent, in consultation with the Commissioner of Education, to develop, implement, and evaluate a program of educational improvement within the district. The program must include curriculum, administration, and finance components and must incorporate specific quantifiable and quantitative goals, objectives, and student performance targets over a five year period. The program is to be evaluated on a school and district basis and the information used to assess and modify educational programs within the district.

The bill establishes within each State-operated district, an Educational Excellence Committee as a standing committee of the district's advisory board of education. The committee is to assist the board of education and the State district superintendent in the development and implementation of programs to improve the quality of education within the district. Also, the bill requires the establishment of educational excellence councils in each of the schools of the district. Membership on the councils is to include, but not be limited to, the school principal, teachers, parents, representatives of the community, and students if appropriate. Each council is to formulate plans and policies to lead the school in implementing an ongoing program of educational improvement for students within the school. The members of the council are to be selected by their constituencies with the approval of the State district superintendent. The bill also authorizes the commissioner to approve a plan, other than the establishment of an educational excellence council, to ensure teacher, parent, and community involvement in the implementation of the program of educational excellence.

The bill directs the State district superintendent to establish as part of the district's reorganization, a State-Operated District Improvement Team. The team is to include a team leader, an evaluation specialist, and a minimum of ten other members. The team members are to work with schools within the district on a rotating basis to assist the educational excellence councils in developing and sustaining their ability to achieve improvement in the quality of the education.

The bill also directs the State district superintendent to provide the commissioner with a strategic plan which details the comprehensive approach the district will use to correct identified deficiencies and systemically change the district and each of its schools. The plan is to include the qualitative and quantitative performance targets which have been established for each school for the overall operation of the district. The commissioner is to review the strategic plan annually and in the event that schools are not meeting their performance targets, he shall require the superintendent to provide information on the reasons for the school's failure and the school's plan for meeting the target in the next school year.

Requires a program of educational improvement assessment in State-operated school districts.