SENATE BILL No. 981

 

 

November 10, 2009, Introduced by Senator KUIPERS and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 449 and 507 (MCL 380.449 and 380.507), section

 

449 as amended by 2004 PA 303 and section 507 as amended by 1995 PA

 

289, and by adding sections 11c, 1280c, and 1280d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11c. All powers and duties of the school board of a

 

general powers school district and of its officers are subject to

 

sections 1280c and 1280d.

 

     Sec. 449. (1) All powers and duties of the school board of the

 

first class school district and of its officers are subject to part

 

5a until January 1 following the expiration of 5 years after the

 

initial appointment of a school reform board in the school district

 

under part 5a.

 


     (2) All powers and duties of the school board of the first

 

class school district and of its officers are subject to sections

 

1280c and 1280d.

 

     Sec. 507. (1) The authorizing body for a public school academy

 

is the fiscal agent for the public school academy. A state school

 

aid payment for a public school academy shall be paid to the

 

authorizing body that is the fiscal agent for that public school

 

academy, which shall then forward the payment to the public school

 

academy. An authorizing body has the responsibility to oversee a

 

public school academy's compliance with the contract and all

 

applicable law. A contract issued under this part may be revoked by

 

the authorizing body that issued the contract if the authorizing

 

body determines that 1 or more of the following has occurred:

 

     (a) Failure of the public school academy to abide by and meet

 

the educational goals set forth in the contract.

 

     (b) Failure of the public school academy to comply with all

 

applicable law.

 

     (c) Failure of the public school academy to meet generally

 

accepted public sector accounting principles.

 

     (d) The existence of 1 or more other grounds for revocation as

 

specified in the contract.

 

     (2) If an authorizing body receives notice from the

 

superintendent of public instruction that a public school academy

 

that it authorized has been designated by the superintendent of

 

public instruction as a turnaround school under section 1280c, the

 

authorizing body may revoke the public school academy's contract

 

and the public school academy may be closed.

 


     (3) (2) The decision of an authorizing body to revoke a

 

contract under this section is solely within the discretion of the

 

authorizing body, is final, and is not subject to review by a court

 

or any state agency.

 

     (4) An authorizing body that revokes a contract under this

 

section is not liable for that action to the public school academy,

 

public school academy corporation, a pupil of the public school

 

academy, the parent or guardian of a pupil of the public school

 

academy, or any other person.

 

     Sec. 1280c. (1) Beginning after the 2010-2011 school year, if

 

the department determines that a public school has been

 

unaccredited for 4 consecutive years or has failed to achieve the

 

federal pupil performance standard for all pupils for academic

 

performance for 4 or more consecutive years and that the percentage

 

of all pupils enrolled in the public school who scored at least

 

"proficient" on the most recent Michigan education assessment

 

program assessments or Michigan merit examination, as applicable,

 

for which results are available was less than the designated

 

percentage, as defined in subsection (16), in both mathematics and

 

English language arts, then the superintendent of public

 

instruction shall issue an order designating the public school as a

 

turnaround school and shall take measures under subsection (3) with

 

respect to the public school and its school district, as

 

applicable. The superintendent of public instruction shall issue

 

the order designating a public school as a turnaround school within

 

15 days after he or she determines that the public school meets the

 

criteria under this subsection.

 


     (2) Within 15 days after issuing an order under subsection

 

(1), the superintendent of public instruction shall appoint a

 

review team to conduct an evaluation of the turnaround school. All

 

of the following apply to this review team:

 

     (a) The review team shall consist of at least a teacher who is

 

not employed at the turnaround school, a support staff member who

 

is not employed at the turnaround school, a parent who does not

 

have a child enrolled in the turnaround school, a school

 

administrator who is not employed at the turnaround school, a

 

school board member, a member of the local community, and another

 

designee of the superintendent of public instruction. A member of

 

the review team serves at the pleasure of the superintendent of

 

public instruction and may be removed and replaced by the

 

superintendent of public instruction.

 

     (b) The review team's evaluation shall focus on issues at both

 

the school district level and school building level and shall

 

cover, at a minimum, pupil performance on state assessments,

 

standards and expectations, curriculum, instruction, time on task,

 

learning environment, prevalence of transient pupils, parental

 

involvement, community involvement, staff development, planning and

 

assessment, and governance and leadership.

 

     (c) Within 30 days after being appointed, the review team

 

shall submit a report to the superintendent of public instruction

 

based on its evaluation that identifies the reasons for the

 

turnaround school's failures and contains recommendations on the

 

measures that the superintendent of public instruction and the

 

chief educational officer appointed under subsection (3) should

 


take under this section with regard to the turnaround school. In

 

its evaluation report, the review team shall identify whether the

 

reasons for the failures exist at the school building level and

 

require new leadership for the school itself or exist at the school

 

district level and require new leadership for the school district

 

that operates the school.

 

     (d) The review team shall reevaluate the turnaround school at

 

least annually to monitor the progress being made in implementing

 

the recommendations contained in the review team's evaluation

 

report.

 

     (e) The board of a school district or board of directors of a

 

public school academy shall cooperate fully with a review team

 

appointed under this subsection.

 

     (3) If the superintendent of public instruction issues an

 

order designating a school as a turnaround school under subsection

 

(1), then all of the following apply:

 

     (a) If the turnaround school is a public school academy, the

 

superintendent of public instruction immediately shall notify the

 

public school academy's authorizing body that the school has been

 

designated as a turnaround school. The public school academy's

 

authorizing body may revoke the public school academy's contract,

 

and the public school academy may be closed.

 

     (b) Except for a public school academy that is closed under

 

subdivision (a), within 60 days after receiving the evaluation

 

report from the review team under subsection (2), the

 

superintendent of public instruction shall issue an order

 

appointing a chief educational officer for the turnaround school.

 


However, if the turnaround school is operated by a school district

 

and the evaluation report from the review team under subsection (2)

 

has recommended new leadership at the school district level, the

 

superintendent of public instruction may instead issue an order

 

appointing a chief educational officer for that entire school

 

district, except that the superintendent of public instruction

 

shall not issue an order appointing a chief educational officer for

 

an entire school district if the only turnaround school operated by

 

that school district is an alterative education program, as

 

determined by the superintendent of public instruction. The chief

 

educational officer shall take control of either the turnaround

 

school or the school district, as determined by the superintendent

 

of public instruction, and operate it as provided under this

 

section.

 

     (4) If the superintendent of public instruction appoints a

 

chief educational officer for a turnaround school or for a school

 

district under subsection (3), all of the following apply:

 

     (a) The chief educational officer shall carry out the

 

functions under this section and as otherwise prescribed by law.

 

All of the following apply to the appointment:

 

     (i) The chief educational officer shall be chosen solely on the

 

basis of his or her competence and experience either in educational

 

reform and redesign and improving pupil achievement or in business

 

and fiscal matters. If the chief educational officer is chosen

 

based on his or her experience and competence in business and

 

fiscal matters, the chief educational officer, with the approval of

 

the superintendent of public instruction, shall hire an expert in

 


educational reform and redesign with a proven record of improving

 

pupil achievement to assist the chief educational officer in

 

operating the turnaround school or the school district.

 

     (ii) The chief educational officer or an assistant described in

 

subparagraph (i) shall not have been either an elected or appointed

 

official or employee of the school district for which he or she is

 

appointed for not less than 5 years before the appointment.

 

     (iii) The superintendent of public instruction shall not serve

 

as a chief educational officer under this section.

 

     (iv) The chief educational officer need not be a resident of

 

the school district for which he or she is appointed.

 

     (v) The superintendent of public instruction shall enter into

 

a contract with the chief educational officer appointing the chief

 

educational officer for a term of at least 1 but not more than 3

 

years, as determined by the superintendent of public instruction.

 

Subject to subdivision (m), the superintendent of public

 

instruction may renew the appointment for 1 or more subsequent

 

terms of not more than 3 years, as determined by the superintendent

 

of public instruction.

 

     (b) With respect to that turnaround school or the school

 

district, the chief educational officer has all of the powers and

 

duties described in this section. All provisions of this act that

 

would otherwise apply to the school board or board of directors

 

that previously operated the turnaround school or the school

 

district apply to the chief educational officer with respect to

 

that school or school district, except those relating to taxation

 

or borrowing. Subject to this section, the chief educational

 


officer may exercise all the powers and duties otherwise vested by

 

law in the school board or board of directors that previously

 

operated the turnaround school or the school district and in its

 

officers, except those relating to taxation or borrowing, and may

 

exercise all additional powers and duties provided under this

 

section. Subject to this section, the chief educational officer

 

accedes to all the rights, duties, and obligations of the school

 

board or board of directors with respect to the turnaround school

 

or the school district. Other than taxation and borrowing, the

 

school board's or board of directors' role with respect to the

 

turnaround school or the school district is limited to acting as an

 

advisory board to the chief educational officer. The chief

 

educational officer's powers, rights, duties, and obligations

 

include, but are not limited to, all of the following:

 

     (i) Authority over the expenditure of funds as follows:

 

     (A) If the chief educational officer is operating just the

 

turnaround school, authority over expenditure of all funds

 

attributable to pupils at the turnaround school, including that

 

portion of proceeds from bonded indebtedness and other funds

 

dedicated to capital projects that would otherwise be apportioned

 

to that school by the school board or board of directors that

 

previously operated the school according to the terms of the bond

 

issue or financing documents. The school board or board of

 

directors shall ensure that all funds attributable to pupils who

 

are enrolled at that school are made available to the chief

 

educational officer to be expended for operating the turnaround

 

school.

 


     (B) If the chief educational officer is operating the entire

 

school district, authority over expenditure of all funds of the

 

school district, including proceeds from bonded indebtedness and

 

other funds dedicated to capital projects.

 

     (ii) Subject to this section, rights and obligations under

 

collective bargaining agreements and employment contracts entered

 

into by the school board or board of directors for employees at the

 

turnaround school or for employees of the school district, as

 

applicable.

 

     (iii) Rights to prosecute and defend litigation.

 

     (iv) Rights and obligations under statute, rule, and common

 

law.

 

     (v) Subject to subsection (7), authority to delegate any of

 

the chief educational officer's powers and duties to 1 or more

 

designees, with proper supervision by the chief educational

 

officer.

 

     (vi) Power to terminate any contract or portion of a contract

 

entered into by the school board or board of directors that applies

 

to the turnaround school or to the school district, as applicable.

 

However, this subparagraph does not allow any termination or

 

diminishment of obligations to pay debt service on legally

 

authorized bonds and does not allow a collective bargaining

 

agreement to be affected except as provided under this section. A

 

contract terminated by the chief educational officer under this

 

subparagraph is void.

 

     (c) The chief educational officer shall take control of the

 

continued day-to-day operation of the turnaround school or the

 


school district, as applicable. The chief educational officer may

 

modify school district or public school academy policies and

 

renegotiate applicable collective bargaining agreements to provide

 

for any measures that the chief educational officer determines to

 

be necessary to achieve the educational goals established by the

 

chief educational officer. If the chief educational officer

 

requests renegotiation on 1 or more collective bargaining

 

provisions and the parties are unable to reach agreement on 1 or

 

more of those provisions within 60 days, the chief educational

 

officer may declare an impasse on each provision for which

 

agreement was not reached and implement his or her last best offer

 

for each of those provisions. The policies that may be modified or

 

collective bargaining agreement provisions that may be renegotiated

 

under this subsection include, but are not limited to, all of the

 

following:

 

     (i) That any contractual or other seniority system that would

 

otherwise be applicable shall not apply at the turnaround school or

 

in the school district, as applicable. This subparagraph does not

 

allow unilateral changes in pay scales or benefits.

 

     (ii) That any contractual or other work rules the chief

 

educational officer determines to be impediments to achieving

 

satisfactory pupil performance shall not apply at the turnaround

 

school or in the school district, as applicable. This subparagraph

 

does not allow unilateral changes in pay scales or benefits.

 

     (iii) That the chief educational officer shall direct the

 

expenditure of all funds attributable to pupils at the turnaround

 

school or all funds of the school district, as applicable, and the

 


chief educational officer shall have full autonomy and control over

 

curriculum and discretionary spending at the turnaround school or

 

for the school district, as applicable.

 

     (d) If the chief educational officer is operating just the

 

turnaround school, then, for the purposes of collective bargaining

 

under 1947 PA 336, MCL 423.201 to 423.217, the chief educational

 

officer is a joint employer of the employees at the turnaround

 

school along with the board of the school district, or board of

 

directors of the public school academy, that previously operated

 

the turnaround school.

 

     (e) Except as otherwise provided by law, an individual may be

 

employed to teach at the turnaround school or in the school

 

district only if he or she holds a valid Michigan teaching

 

certificate.

 

     (f) The chief educational officer shall report all of the

 

following to the superintendent of public instruction:

 

     (i) The educational goals the turnaround school or the school

 

district is to achieve and the methods by which it will be held

 

accountable. To the extent applicable, the pupil performance of a

 

turnaround school or school district shall be assessed using at

 

least a Michigan education assessment program (MEAP) test or the

 

Michigan merit examination, as applicable. At a minimum, the

 

educational goals shall include that at least 80% of the school's

 

or school district's pupils graduate from high school or are

 

determined by the department to be on track to graduate from high

 

school, the school or school district has at least 80% average

 

attendance, and, if the school is a high school or for a school

 


district that operates a high school, its pupils have an average

 

score of at least 18 on the college entrance examination component

 

of the Michigan merit examination.

 

     (ii) A description of the method to be used to monitor the

 

turnaround school's or school district's compliance with applicable

 

law and its performance in meeting its targeted educational

 

objectives.

 

     (g) For a turnaround school, the following powers concerning

 

employees:

 

     (i) The chief educational officer may remove a staff member

 

from a job assignment at the turnaround school in accordance with

 

any applicable collective bargaining agreement that applies to that

 

school, after any modification of the collective bargaining

 

agreement under this section, and direct that he or she be assigned

 

elsewhere. However, this subparagraph applies only to assignment at

 

that school and does not allow a staff member to be terminated from

 

his or her employment with the school district or public school

 

academy that previously operated the school.

 

     (ii) The chief educational officer or other school leader

 

designated by the chief educational officer may hire and assign

 

employees to work at the turnaround school.

 

     (h) For a school district being operated by a chief

 

educational officer under this section, the following powers

 

concerning employees:

 

     (i) The chief educational officer may remove a staff member

 

from a job assignment in the school district in accordance with any

 

applicable collective bargaining agreement, after any modification

 


of the collective bargaining agreement under this section, and

 

direct that he or she be assigned elsewhere in the school district.

 

     (ii) The chief educational officer or other school leader

 

designated by the chief educational officer may hire and assign

 

employees to work in the school district.

 

     (i) The school board or board of directors shall ensure that

 

all of its school officials and employees cooperate with the chief

 

educational officer and with any educational management entity

 

managing the turnaround school or the school district, as

 

applicable.

 

     (j) For purposes of calculating state school aid under the

 

state school aid act of 1979, a turnaround school is considered

 

part of the school district or public school academy that operated

 

the school before it was designated as a turnaround school.

 

     (k) The chief educational officer shall adopt and implement

 

for the turnaround school or the school district, as applicable, a

 

parent involvement plan designed to encourage parental

 

participation. This parent involvement plan may be, but is not

 

required to be, based on the parent involvement plan previously

 

implemented in the school district or public school academy under

 

section 1294. The chief educational officer shall provide a copy of

 

the parent involvement plan to the parent or legal guardian of each

 

pupil enrolled in the school or school district, as applicable, and

 

to the superintendent of public instruction. The chief educational

 

officer may provide the copy of the policy by including the policy

 

in the student handbook or a similar publication that is

 

distributed to all pupils and parents.

 


     (l) The chief educational officer shall establish a school

 

advisory council for the turnaround school or the school district,

 

as applicable, consisting of parents and community leaders and

 

shall meet with the school advisory council periodically to receive

 

their input. The chief educational officer may also include on the

 

advisory council 1 or more pupils; representatives of local

 

community organizations that offer health, social, or educational

 

services; or representatives of local workforce development boards

 

or postsecondary institutions that serve the local community.

 

     (m) If the superintendent of public instruction determines

 

that the turnaround school or the school district, as applicable,

 

has not met at least all of the following after 3 full school years

 

of being operated by a particular chief educational officer, the

 

superintendent of public instruction shall appoint a new chief

 

educational officer for the school or school district as provided

 

under this section:

 

     (i) At least 1 of the following:

 

     (A) The percentage of all pupils enrolled in the turnaround

 

school who scored at least "proficient" on the most recent Michigan

 

education assessment program assessments or Michigan merit

 

examination, as applicable, for which results are available was at

 

least 30% in either mathematics or English language arts.

 

     (B) The percentage of all pupils below the proficient

 

achievement level used for the federal pupil performance standard

 

decreased by at least 10% from the preceding year. Scores labeled

 

"provisionally proficient" are considered as proficient for these

 

purposes.

 


     (ii) All of the following educational goals:

 

     (A) At least 80% of the school's or school district's pupils

 

graduate from high school or are determined by the department to be

 

on track to graduate from high school.

 

     (B) The school has at least 80% average attendance.

 

     (C) If the school is a high school or for a school district,

 

its pupils have an average score of at least 18 on the college

 

entrance examination component of the Michigan merit examination.

 

     (iii) The review team appointed under subsection (2) determines

 

in its annual reevaluations that the chief educational officer is

 

making satisfactory progress in implementing the recommendations in

 

the review team's initial evaluation report.

 

     (5) The superintendent of public instruction may determine and

 

certify that the conditions for revoking the designation of a

 

school as a turnaround school have been met after receiving a

 

recommendation from the chief educational officer. The chief

 

educational officer may condition his or her recommendation to the

 

superintendent of public instruction upon the school board's

 

adoption of a resolution that will ensure that the goals and

 

methods of the chief educational officer, as reported to the

 

superintendent of public instruction under subsection (4)(f), will

 

be continued at the school or in the school district, as

 

applicable.

 

     (6) The superintendent of public instruction shall do 1 of the

 

following:

 

     (a) Create a high-performing school review team that evaluates

 

public school academies in this state and similar public schools in

 


other states to identify persons or entities that operate high-

 

performing public schools. The high-performing school review team

 

shall consist of at least teachers, school administrators, and

 

other educational experts. In identifying high-performing public

 

schools, the high-performing school review team shall take into

 

account the past academic performance of pupils at the school, past

 

grade offerings at the school, and the demographics of pupils at

 

the school.

 

     (b) Contract with an entity to perform the functions under

 

subdivision (a).

 

     (7) Subject to section 1280d, a chief educational officer may

 

contract with an educational management entity for the management

 

of the turnaround school or the school district that the chief

 

educational officer operates, at the discretion of the chief

 

educational officer. The superintendent of public instruction shall

 

use the evaluations of the high-performing school review team or

 

the contracting entity under subsection (6) to solicit proposals

 

from educational management entities to manage turnaround schools

 

or school districts. The superintendent of public instruction shall

 

share these proposals with the chief educational officers appointed

 

by the superintendent of public instruction under this section.

 

     (8) Unless the legislature provides special funding, a chief

 

educational officer appointed under this section shall receive

 

compensation as established by the superintendent of public

 

instruction, and reimbursement for actual and necessary expenses,

 

from the school district that previously operated the turnaround

 

school, as approved by the superintendent of public instruction. In

 


addition to staff otherwise authorized by law, with the approval of

 

the superintendent of public instruction, the chief educational

 

officer may appoint additional staff and secure professional

 

assistance considered necessary to implement this section. If the

 

chief educational officer was chosen based on his or her experience

 

and competence in business and fiscal matters, the chief

 

educational officer, with the approval of the superintendent of

 

public instruction, shall hire an expert in educational reform and

 

redesign with a proven record of improving pupil achievement to

 

assist the chief educational officer in operating the turnaround

 

school or the school district.

 

     (9) At least annually, the department shall publish a watch

 

list of public schools that are in danger of meeting the criteria

 

under subsection (1). If a public school is included on the list,

 

the department shall notify the school board or board of directors

 

that operates the public school and the collective bargaining

 

representatives of all collective bargaining units with members who

 

work at the school or who are employed by that school board or

 

board of directors. The school board or board of directors shall

 

notify employees and parent organizations of the school district

 

that the school has been placed on this watch list and shall

 

publish a notice to this effect on its website. The department

 

shall include a public school on this watch list if the department

 

determines that a public school has failed to achieve the federal

 

pupil performance standard for 3 or more consecutive years and that

 

the percentage of all pupils enrolled in the public school who

 

scored at least "proficient" on the most recent Michigan education

 


assessment program assessments or Michigan merit examination, as

 

applicable, for which results are available was less than 45% in

 

both mathematics and English language arts, and may include other

 

public schools if the department determines that there are other

 

reasons why they are in danger of meeting the criteria under

 

subsection (1).

 

     (10) For the purposes of this section, the superintendent of

 

public instruction is encouraged to consider taking measures to

 

increase the number of qualified school counselors serving a

 

turnaround school or a school district, as applicable, to ensure

 

that there is at least 1 qualified school counselor for every 250

 

pupils. If federal funds become available to support the placement

 

of additional qualified school counselors for a turnaround school

 

or a school district, the department shall notify the chief

 

educational officer operating the turnaround school or the school

 

district about these funds and shall take steps as necessary to

 

facilitate the procurement of these funds for the turnaround school

 

or the school district.

 

     (11) If the superintendent of public instruction determines

 

that the resources available to the department are insufficient to

 

address all of the public schools in this state that meet the

 

criteria under subsection (1), the superintendent of public

 

instruction shall prioritize his or her efforts by addressing the

 

30 lowest-performing public schools during the 2011-2012 school

 

year and 30 additional public schools each subsequent school year

 

until all of the public schools that comprise the lowest-performing

 

5% of all public schools in this state have been addressed.

 


     (12) If the superintendent of public instruction does not

 

issue an order appointing a chief educational officer for a public

 

school that he or she has determined to meet the criteria under

 

subsection (1), or for its school district, because of insufficient

 

resources as described in subsection (11), the school board that

 

operates the public school may apply to the superintendent of

 

public instruction for an order granting permission for the school

 

board to modify school district or school policies and renegotiate

 

applicable collective bargaining agreements to provide for any

 

measures that it determines to be necessary to achieve the

 

necessary improvement at the school. Upon issuance of this order by

 

the superintendent of public instruction, the school board may

 

modify school district or school policies and renegotiate

 

applicable collective bargaining agreements as provided in the

 

order. If the school board requests renegotiation on 1 or more

 

collective bargaining provisions and the parties are unable to

 

reach agreement on 1 or more of those provisions within 60 days,

 

the school board may declare an impasse on each provision for which

 

agreement was not reached and implement its last best offer for

 

each of those provisions. The policies that may be modified or

 

collective bargaining agreement provisions that may be renegotiated

 

under this subsection include, but are not limited to, all of the

 

following:

 

     (a) That any contractual or other seniority system that would

 

otherwise be applicable shall not apply at the school. This

 

subparagraph does not allow unilateral changes in pay scales or

 

benefits.

 


     (b) That any contractual or other work rules it determines to

 

be impediments to achieving satisfactory pupil performance shall

 

not apply at the school. This subparagraph does not allow

 

unilateral changes in pay scales or benefits.

 

     (c) The school board may remove a staff member from a job

 

assignment at the school in accordance with any applicable

 

collective bargaining agreement that applies to that school, after

 

any modification of the collective bargaining agreement under this

 

subsection, and direct that he or she be assigned elsewhere.

 

However, this subparagraph applies only to assignment at that

 

school and does not allow a staff member to be terminated from his

 

or her employment with the school district that previously operated

 

the school.

 

     (13) At least quarterly, the superintendent of public

 

instruction shall submit a report to the standing committees of the

 

senate and house of representatives having jurisdiction over

 

education legislation on the progress being made in improving pupil

 

proficiency due to the measures under this section.

 

     (14) This state, the superintendent of public instruction, and

 

a chief educational officer appointed under this section are not

 

liable for any obligation of or claim against a public school or

 

school district resulting from actions taken in accordance with

 

this section.

 

     (15) This section does not apply to a center program, as

 

defined in section 6 of the state school aid act of 1979, 1979 PA

 

94, MCL 388.1606.

 

     (16) As used in this section:

 


     (a) "Achieved the federal pupil performance standard" means

 

that the department has determined that the school has achieved

 

adequate yearly progress under the no child left behind act of

 

2001, Public Law 107-110, or has met a successor federal standard

 

that the superintendent of public instruction has identified as

 

being a standard established by the federal government that is

 

based on pupil performance and is required to be met in order to

 

receive full federal funding.

 

     (b) "Designated percentage" means 30% for 2010-2011, 33% for

 

2011-2012, 36% for 2012-2013, 39% for 2013-2014, 42% for 2014-2015,

 

and 45% for 2015-2016 and thereafter.

 

     (c) "Failed to achieve the federal pupil performance standard"

 

means that the department has determined that the school has failed

 

to achieve adequate yearly progress under the no child left behind

 

act of 2001, Public Law 107-110, or has failed to meet a successor

 

federal standard that the superintendent of public instruction has

 

identified as being a standard established by the federal

 

government that is based on pupil performance and is required to be

 

met in order to receive full federal funding.

 

     Sec. 1280d. (1) If a chief educational officer operating a

 

turnaround school or a school district under section 1280c enters

 

into a contract with an educational management entity for the

 

management of the turnaround school or the school district, the

 

chief educational officer shall ensure all of the following:

 

     (a) That the chief educational officer has conducted

 

sufficient due diligence to conclude that the educational

 

management entity has sufficient educational expertise and

 


management experience to provide the agreed services.

 

     (b) That the chief educational officer will obtain independent

 

legal counsel in all negotiations with the educational management

 

entity.

 

     (c) That, pursuant to the contract between the chief

 

educational officer and the educational management entity, the

 

educational management entity will provide to the chief educational

 

officer all financial and other information required to comply with

 

the requirements concerning reporting under section 1280c.

 

     (2) If a chief educational officer operating a turnaround

 

school or a school district under section 1280c enters into a

 

contract with an educational management entity for the management

 

of the turnaround school or the school district, the contract

 

between the chief educational officer and the educational

 

management entity shall contain at least all of the following

 

provisions:

 

     (a) A provision requiring the educational management entity to

 

provide to the chief educational officer information regarding any

 

teachers, administrators, and support staff employed by the

 

educational management entity and assigned to work at the

 

turnaround school or in the school district, including at least all

 

of the following personal information:

 

     (i) Name.

 

     (ii) Education, including highest degree attained.

 

     (iii) Salary.

 

     (iv) Copy of teaching certificate or other required permit or

 

credential, if required for the position.

 


     (v) Description of relevant experience.

 

     (vi) Employment record.

 

     (b) A provision requiring the educational management entity to

 

provide to the chief educational officer information regarding the

 

business operations of the turnaround school or the school

 

district, including at least all of the following:

 

     (i) Financial records and information concerning the operation

 

of the school or school district, including, but not limited to,

 

budgets and detailed records of funds received from this state, the

 

school district that previously operated the school, and other

 

entities, expenditure of those funds, investment of those funds,

 

carryover, and contractual arrangements or agreements entered into

 

by the educational management entity as an agent of the chief

 

educational officer.

 

     (ii) Financial records and information concerning leases to

 

which the chief educational officer is a party, including, but not

 

limited to, leases for equipment, physical facility space, or

 

institutional and educational materials.

 

     (iii) Financial records and information concerning mortgages and

 

loans to which the chief educational officer is a party.

 

     (c) A provision requiring the educational management entity to

 

make information available to the chief educational officer

 

concerning the operation and management of the turnaround school or

 

the school district, including at least all of the information

 

necessary to comply with the requirements concerning reporting

 

under section 1280c.

 

     (3) This section does not apply to a contract to furnish

 


substitute teachers entered into under section 1236a.

 

     (4) As used in this section:

 

     (a) "Educational management entity" means an entity that

 

enters into an agreement with the chief educational officer

 

operating a turnaround school or a school district under section

 

1280c to provide comprehensive educational, administrative,

 

management, or instructional services or staff to the turnaround

 

school or the school district.

 

     (b) "Entity" means a partnership, nonprofit or business

 

corporation, labor organization, or any other association,

 

corporation, trust, or other legal entity.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 925.

 

     (b) Senate Bill No. 926.

 

     (c) Senate Bill No. 965.

 

     (d) Senate Bill No. 982.                                   

 

            

 

     (e) Senate Bill No. 983.