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Budget Recommendations

Outside Section 37


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Ed Reform #4

SECTION 37.   Section 1J of said chapter 69, as so appearing, is hereby struck in its entirety and replaced with the following:

Section 1J. (a) The board shall deem a school a turnaround school:
(1)          If on or after September 1, 2006, for a period of three or more consecutive years, the school has failed to achieve adequate yearly progress in the aggregate in either English language arts or math or both, as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(2)          if on or after January 1, 2006, the school was categorized as under-performing or chronically under-performing by the board; or
(3)          if on or after January 1, 2006, the school was categorized as in corrective action or in restructuring as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(b) Notwithstanding any general or special law to the contrary, upon the board's notification to the school district that a school is in turnaround status the superintendent of schools shall have the authority to:

(1) remove the principal;
(2) reassign principals, teachers and staff within and among schools and district-based positions;
(3) authorize principals to dismiss a teacher with professional teacher status for good cause, provided that the teacher has received five school days written notice of the decision to terminate. The teacher with professional teacher status may seek review of a termination decision within five school days after receiving notice of his termination by filing a petition for expedited arbitration with the commissioner. An arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71. In reviewing dismissal decisions, the arbitrator shall consider the principal's plan for improving the turnaround school and the qualities of the teachers needed to implement his plan. The arbitrator's decision shall be issued within ten school days from the completion of the hearing.
(4) increase the salary of or award bonuses to any principal or teacher assigned to the school.
(5) authorize the principal to require a teacher to pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents and a math section which shall demonstrate numeracy skills necessary for effective instruction; and (B) the subject matter knowledge for the certificate. If necessary the principal may require training.
(c) Notwithstanding section (a) a school district may petition the board of education to deem a school in their district a turnaround school. The board shall adopt regulations defining the minimum requirements when a school or school district has failed to improve the educational program provided to students served by the school or district and therefore eligible to be deemed in turnaround status.
(d) If for a period of two or more consecutive years, the turnaround school fails to achieve adequate yearly progress in the aggregate in English language arts or math or both, the board shall declare the school to be in reconstituted status. Upon such determination the turnaround school shall be reconstituted and the board shall issue a request for proposals to reconstitute under third party management. The school may reopen as a reconstituted charter school or the school may reopen under a performance contract between the board and a third party pursuant to regulations promulgated by the board.