SB1457 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Section 15-241.01, Arizona Revised Statutes, is repealed.

Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding a new section 15-241.01, to read:

START_STATUTE15-241.01. School improvement; school turnaround plan

A. If at least one-half of the schools in a school district are assigned a letter grade of D or F pursuant to section 15-241 OR IF ANY SCHOOL IN A SCHOOL DISTRICT is assigned a letter grade of F AND HAS BEEN ASSIGNED A LETTER GRADE OF D OR F FOR TWO OF THE LAST THREE YEARS, the department of education may submit to the state board of education a recommendation for a public hearing to determine WHETHER the school district OR SCHOOL should be subject to A SCHOOL TURNAROUND plan and the reasons for that recommendation. IF THE DEPARTMENT DOES NOT RECOMMEND A PUBLIC HEARING WITHIN THREE MONTHS after LETTER GRADE ASSIGNMENTS FOR THE school DISTRICTS OR SCHOOLS DESCRIBED in this subsection, THE STATE BOARD MAY INITIATE A SCHOOL TURNAROUND PLAN HEARING FOR THE SCHOOL DISTRICT OR SCHOOL. THE SCHOOL DISTRICT SHALL compile THE INFORMATION REQUIRED PURSUANT TO paragraphs 1 through 8 of THIS SUBSECTION. The department OR the state BOARD SHALL include in the recommendation OR the CALL FOR A HEARING the following information:

1. Whether the school district has previously participated or is currently participating in a school improvement program for any of the district's schools that are assigned a letter grade of D or F and the results of that participation.

2. A listing of the school improvement strategies that have previously been used or are currently in use by the school district at the schools that are assigned a letter grade of D or F.

3. The extent, IF AT ALL, to which the school district administrators and the school district governing board impacted the assignment of the letter grades of D and F to the district's schools.

4. Information provided by the school principal or head teacher on the factors that have contributed to the school that has been assigned a letter grade of D or F.

5. A listing of the curricula, formative assessments and other instructional tools used by teachers in any of the schools that are assigned a letter grade of D or F.

6. A listing of professional development opportunities provided by the school district to teachers in the schools that are assigned a letter grade of D or F.

7. Whether those schools assigned a letter grade of D or F have demonstrated reasonable academic growth as determined by the measure of academic progress established pursuant to this section.

8. Whether the school is or has been subject to receivership pursuant to section 15‑103.

B. If The state board of education holds a hearing, the state board shall review all of the information provided in subsection A of this section and ANY OTHER INFORMATION REQUESTED and shall provide an opportunity for the school district to provide additional information or comment at the public hearing. The state board shall vote at the public hearing to determine whether a school turnaround plan should be implemented.

C. If the state board of education determines by majority vote to implement a school turnaround plan, the state board shall solicit OR CHOOSE FROM A LIST OF PREVIOUSLY SOLICITED ENTITIES a governmental, nonprofit or private organization or persons to manage the school turnaround plan for the school district or school. These organizations or persons shall demonstrate proven results in school turnaround or in operating public schools that have been assigned a letter grade of A or B pursuant to section 15-241 and above average growth for students who are academically below at least one or two grade levels based on state assessments. Each organization or person who answers the state board's solicitation shall provide a narrative on the person's or organization's proven strategies for school improvement. The state board shall ensure that the organization or person selected does not have any financial conflict of interest pertaining to the school district or school that is subject to the school turnaround plan.

D. If the state board of education approves the implementation of a school turnaround plan, the state board shall allow the school district to choose an organization or person from the list pursuant to subsection C of this section or submit the name of an alternative organization or person. The state board shall evaluate the alternative selection pursuant to the requirements prescribed in subsection C of this section. If the state board determines that the alternative selection qualifies, the school district may select the alternative organization or person. If the alternative organization or person is not selected, the state Board shall select from the list Pursuant to subsection C of this section after obtaining feedback from the school district or school.

E. The state board of education shall immediately determine which powers prescribed in subsection G of this section will be temporarily granted to the appointed organization or person. The authority granted pursuant to this subsection is effective until the state board reviews the school turnaround plan as described in subsection H of this section.

F. The organization or person appointed pursuant to subsection C or D of this section shall fully review and investigate the school district's or school's educational affairs and shall submit to the state board of education a detailed report listing the findings of that investigation. This report shall include a school turnaround plan that details how the school district or school will raise the level of academic achievement so that all of the schools in the school district are assigned grade letters of A, B or C pursuant to section 15-241. The plan shall include the following:

1. A proposed timeline for improving academic achievement.

2. A proposed timeline and details concerning how the organization or person will transition the administration of the school district or school back to the school district governing board.

G. The organization or person shall submit the report pursuant to subsection F of this section within one hundred twenty days after the date that the organization or person was appointed by the state board of education. If approved by the state board, the school turnaround plan may authorize the appointed organization or person to do any of the following:

1. Override any decisions of the school district governing board or the school district superintendent, or both, concerning the management and operation of the school district OR SCHOOL, and initiate and make decisions concerning the management and operation of the school district or school, including converting the school to a charter school.

2. Hire personnel, terminate personnel and cancel existing employment contracts, including the district superintendent's contract, to the extent allowed by law. The appointed organization or person may refuse to reemploy any certificated teacher who is currently employed at the school that is assigned a letter grade of D or F or may require teachers to interview to retain employment.

3. Attend any school district governing board and administrative staff meetings.

4. Supervise the activities of the school district's or school's staff, including reassigning the duties and responsibilities of personnel in a manner that, as determined by the appointed organization or person, best suits the needs of the school district or school.

5. To the extent allowed by law, cancel or renegotiate any contract.

6. Apply for and oversee any federal, state or local grants or other funding available to the school or school district for school improvement activities.

H. The state board of education shall periodically review the status of a school district OR SCHOOL that is operating under a school turnaround plan pursuant to this section to determine whether operation of the school district or school should be returned to the school district governing board. Before the state board makes a determination to terminate a school turnaround plan, the state board or its designee shall meet with the school district governing board or its designee to establish an appropriate time frame and address any additional operational considerations that are necessary to ensure a smooth transition of authority from the appointed organization or person back to the school district governing board. When determining whether to terminate a school turnaround plan, the state board shall consider whether the district's schools OR SCHOOL made significant academic gains as determined by individual school achievement profiles established pursuant to this section.

I. If at any time the state board of education determines that the progress of an organization or person who is appointed pursuant to this subsection or subsection C or D of this section is insufficient, the state board may remove that organization or person and make an alternative appointment. All authority granted pursuant to the approved school turnaround plan shall be transferred to the newly appointed organization or person. The state board may require the newly appointed organization or person to prepare a revised school turnaround plan as described in subsection G of this section.

J. All projected expenses and costs of an organization or person appointed by the state board of education shall be presented to the state board and the school district during the one hundred twenty-day review period. The state board shall review the expenses and costs at least twice each calendar year to ensure that the expenses and costs are reasonable and appropriate. All expenses and costs shall be paid by the school district.

K. The operation of a school district by an appointed organization or person may not interfere with the election of school district governing board members.

L. The school district shall indemnify the organization or person appointed pursuant to subsection C, D or I of this section if that organization or person is made or threatened to be made a party to any litigation by reason of the organization's or person's status under this section and if the organization or person acted in good faith and in a manner the organization or person believed to be lawful and in the best interest of the school district or school.

M. All information received and records or reports kept by the state board of education during an investigation resulting from a complaint against an appointed organization or person are confidential and are not public records.

N. The state board of education may authorize the continued appointment of the appointed organization or person if student achievement in the school district or school improves to a letter grade of A, B or C pursuant to section 15-241 and may do so for all of the district schools or for individual schools within the district. The school district may petition the state board for control of the district or individual schools once the school or schools have been assigned a letter grade of A and B. The state board may impose a transition plan if the state board approves the petition or considers alternative providers.

O. THE STATE BOARD of education SHALL REQUIRE TURNAROUND PLANS TO demonstrate all of THE FOLLOWING:

1. The Development of positive student-teacher relationships.

2. A Focus on achieving results.

3. The Use of formative evaluations.

4. The Delivery of effective lessons and targeted intervention.

5. collaborative efficacy and instructional expertise.

P. The state board of education may take action pursuant to this section for a school district that is in receivership pursuant to section 15‑103. END_STATUTE