Current through Register 1531, September 27, 2024
(1)
Designating Districts as
Underperforming. The Board may designate a district as
underperforming upon recommendation of the commissioner based on findings from
a district review, monitoring report, or follow-up review showing serious
deficiencies, relating to one or more district standards, that are likely if
they are not addressed effectively and in a timely manner to have a substantial
negative effect on student performance in the district, putting the district at
risk of being designated as chronically underperforming.
(2)
Designating Schools as
Underperforming.
(a) A school
shall be eligible for designation as underperforming if it scores in the lowest
20% statewide of schools serving common grade levels on a single measure
developed by the Department that takes into account at least:
1. school MCAS achievement in English
language arts, mathematics, and science; and
2. student growth in English language arts
and mathematics.
(b) The
commissioner may designate a school as underperforming on the basis of
quantitative data including, but not limited to:
1. school MCAS achievement in English
language arts, mathematics, and science;
2. change in school MCAS
achievement;
3. annual student
growth on MCAS for students at the school as compared with peers across the
Commonwealth;
4. in the case of
high schools, graduation and dropout rates; or
5. other indicators of school performance
including student attendance, dismissal, suspension, exclusion, and promotion
rates upon the determination of each indicator's reliability and validity, or
lack of demonstrated significant improvement for two or more consecutive years
in core academic subjects, either in the aggregate or among subgroups of
students, including designations based on special education, economically
disadvantaged, English learner status, and racial classifications; or on the
basis of information from a school or district review performed under M.G.L. c.
15, § 55A.
(c)
Charter schools and Commonwealth of Massachusetts virtual schools shall not be
eligible for designation as under performing schools. Charter schools shall
also be held accountable under the provisions of M.G.L. c. 71, § 89, and
603 CMR
1.00: Charter Schools. Commonwealth
of Massachusetts virtual schools shall also be held accountable under the
provisions of M.G.L. c. 71, § 94, and
603 CMR 52.00:
Commonwealth of Massachusetts Virtual Schools.
(d) Not more than 4% of the total number of
public schools may be designated as under performing or chronically under
performing, taken together, at any given time.
(3)
Notification.
The Department shall notify districts in which any school is designated as
under performing. The notification shall be made to the school committee,
superintendent, and local teachers' union or association president, and the
principal and the parent organization of any school designated as under
performing.
(4)
Appointment of Assistance and Accountability
Personnel. Upon designating a district as under performing, the
Department may make any or all of the following appointments:
(a) an assistance lead:
1. to support the district in developing and
carrying out a turnaround plan for each of its under performing schools, if
any; and
2. to support the district
in district improvement planning pursuant to 603 CMR 2.05(8), if
required;
(b) an
accountability monitor to determine and report on:
1. whether the goals, benchmarks, and
timetable in the turnaround plan for each of the district's under performing
schools, if any, are being met; and
2. if the district has an under performing
District Plan pursuant to 603 CMR 2.08(c), whether its goals, benchmarks, and
timetable are being met; and
(c) an individual or team to conduct
monitoring site visits to the district or its schools.
(5)
Turnaround Plans for under
performing Schools.
(a) The
turnaround plan developed for each school designated as under performing shall:
1. be authorized, pursuant to M.G.L. c. 69,
§ 1J(j), for a period of up to three years, and remain in effect until the
statutory process to develop any new, modified, or renewed turnaround plan has
been completed, or the school has been removed from under performing
status;
2. fulfill the other
requirements of M.G.L. c. 69, § 1J;
3. provide for the implementation of the
standards and indicators published pursuant to
603 CMR
2.03(6)(a) and
(b);
4. include benchmarks by which to measure
progress toward the annual goals included in the plan pursuant to M.G.L. c. 69,
§ 1J, and the standards and indicators, and a timetable for achieving
those benchmarks;
5. include
descriptions of the assistance to be provided by the Department in support of
the action steps in the plan, as agreed on by the Department and the
superintendent, subject to the availability of resources for the Department to
provide the assistance; and
6. be
prepared on a format provided by the Department.
(b) Once the superintendent has received the
recommendations of the local stakeholder group under M.G.L. c. 69, §
1J(b), the superintendent may request that the school committee and any union
bargain or reopen the bargaining of the relevant collective bargaining
agreement, pursuant to M.G.L. c. 69, § 1J(g). If necessary, the 30 days
provided by M.G.L. c. 69, § 1J(e) for the superintendent to submit a
turnaround plan for modifications to the local stakeholder group, school
committee, and commissioner shall be extended, without exceeding the time
periods mandated by M.G.L. c. 69, § 1J(g), to provide time for bargaining,
ratification, a dispute resolution process, the submission of a decision by the
joint resolution committee, or a resolution by the commissioner, pursuant to
M.G.L. c. 69, § 1J(g).
(c)
Within 30 days of the issuance of the superintendent's final turnaround plan
under M.G.L. c. 69, § 1J(e), the commissioner shall review the plan and
may, in consultation with the superintendent, propose modifications to the plan
if the commissioner determines that
1. such
modifications would further promote the rapid academic achievement of students
in the school;
2. a component of
the plan was included, or a modification under M.G.L. c. 69, § 1J(e) was
excluded, on the basis of demonstrably false information or evidence;
or
3. the superintendent failed to
meet the requirements of M.G.L. c. 69, § 1J(b) to (e).
(d) Within 30 days of the issuance
of the superintendent's final turnaround plan under M.G.L. c. 69, § 1J(e),
the school committee or local union may appeal to the commissioner one or more
components of the plan pursuant to M.G.L. c. 69, § 1J(f). Within 30 days
of the receipt of such appeal, the commissioner shall decide the appeal and
may, in consultation with the superintendent, make one or more modifications to
the plan based on the appeal if the commissioner makes any of the
determinations in 603 CMR 2.05(5)(c)1. through 3. The commissioner's decision
on the appeal shall be final.
(e)
Within 30 days of the receipt of the last appeal made under M.G.L. c. 69,
§ 1J(f) and 603 CMR 2.05(5)(d), or, if no such appeal is received within
30 days of the issuance of the superintendent's final turnaround plan under
M.G.L. c. 69, § 1J(e), at the expiration of those 30 days, the
commissioner shall return the turnaround plan to the superintendent
incorporating any modifications made under 603 CMR 2.05(5)(c) or (d), or both.
Such return of the plan to the superintendent shall constitute the
commissioner's approval, pursuant to M.G.L. c. 69, § 1J(b), of the plan
returned.
(6)
Annual Reviews of under performing Schools.
Superintendents shall use a format provided by the Department for the reviews
to be submitted to the commissioner and school committee at least annually
pursuant to M.G.L. c. 69, § 1J(k).
(7)
Receiver for an under
performing School.
(a) If the
superintendent appoints a receiver for an under performing school pursuant to
M.G.L. c. 69, § 1J(h), the superintendent shall define the scope of the
receiver's powers, up to and including all of the powers of the superintendent
over the school, including all of the powers granted by M.G.L. c. 69, §
1J. The superintendent may from time to time modify the scope of the receiver's
powers based on conditions in the school. The receiver shall report directly to
the superintendent.
(b) If the
commissioner requires the superintendent to terminate the receiver for an under
performing school pursuant to M.G.L. c. 69, § 1J(k), the superintendent
may, with the approval of the commissioner, select and appoint another receiver
for the school in accordance with M.G.L. c. 69, § 1J(h) and 603 CMR
2.05(7)(a).
(8)
District Improvement Planning for under performing
Districts.
(a) The turnaround
plan developed pursuant to 603 CMR 2.05(5) for any under performing school
shall include, among its provisions pursuant to 603 CMR 2.05(5)(a)3. for the
implementation of the standards and indicators, provisions for the improvement
of district systems for school support and intervention in accordance with the
standards and indicators published pursuant to
603 CMR
2.03(6)(a) and
(b).
(b) If a district has been designated as
under performing pursuant to 603 CMR 2.05(1), the Department shall notify the
under performing district that it is required to develop an under performing
District Plan in order to correct the serious deficiencies identified in the
district pursuant to 603 CMR 2.05(1).
(c) Each under performing district notified
by the Department pursuant to 603 CMR 2.05(8)(b) shall develop an under
performing District Plan that includes goals and benchmarks appropriate to the
reasons it has been required to develop an under performing District Plan,
along with strategies, action steps, and a timetable for achieving those goals
and benchmarks. The under performing District Plan shall be prepared on a
format provided by the Department.
(d) An under performing district shall submit
any required under performing District Plan and any successor under performing
District Plan for approval by the Department. A district whose under performing
District Plan is approved by the Department shall receive priority for
Department assistance. From year to year, continued priority for Department
assistance shall be dependent on the district's success in achieving the goals
and benchmarks in the approved under performing District Plan or approved
successor under performing District Plan in accordance with the approved
timetable.
(9)
Annual Report to Board. The commissioner shall report
annually to the Board on the progress made by districts and schools designated
as under performing.
(10)
Removal of under performing School Designation.
(a) The commissioner shall define, for each
under performing school, the academic and other progress that it must make for
it to be removed from under performing status. Such progress may include:
1. an increase in student achievement for
three years for students overall and for each subgroup of students, as shown
by;
a. an increase in MCAS scores and an
increase in student growth;
b. (for
a high school) a higher graduation rate; and
c. (for a high school) a measure of
postsecondary success, once the Department identifies one that is sufficiently
reliable, valid, and timely; and
2. progress in implementing the standards and
indicators published pursuant to
603 CMR
2.03(6)(a) and
(b).
(b) The commissioner, in defining the
required progress for each school, shall customize it to the particular reasons
the school was designated as under performing, defining it as any or all of the
progress in 603 CMR 2.05(10)(a)1. and 2., or any other progress the
commissioner determines appropriate.
(c) After consultation with the
superintendent, the commissioner shall remove a school from under performing
status when, at any time, the commissioner determines, based on evidence that
may include evidence from a report from the accountability monitor appointed
pursuant to 603 CMR 2.05(4)(b), a review by the superintendent submitted
pursuant to M.G.L. c. 69, § J(k), a review conducted by the commissioner
pursuant to M.G.L. c. 69, § 1J(l), or a district review or a follow-up
review, that:
1. the school has achieved the
academic and other progress defined by the commissioner under 603 CMR
2.05(10)(a) and (b) as necessary to allow it to be removed from under
performing status; and
2. the
district has the capacity to continue making progress in improving school
performance without the accountability and assistance provided due to the
school's designation as under performing.
(d) At the expiration of the turnaround plan,
in conducting a review of the school pursuant to M.G.L. c. 69, § 1J(l),
the commissioner shall consider whether the conditions described in 603 CMR
2.05(10)(c)1. and 2. exist. If the commissioner determines that both of these
conditions exist, he or she shall remove the school from under performing
status.
(e) Following his or her
review, the commissioner will make a determination as to whether the school has
improved sufficiently to be removed from under performing status; maintains its
under performing designation; or is chronically under performing. The
commissioner will make the determination in a reasonable period of time, and in
any event within two months following the release of MCAS test results. The
commissioner may extend this period of time for good cause.
(f) Notwithstanding the foregoing
requirements of 603 CMR 2.05(10), the commissioner may remove from under
performing status any school for which he or she approves a proposal by the
district to close the school.
(11)
Commissioner's Authority to
Refrain from Issuing Annual Performance Determinations for Districts and
Schools.
(a) The Commissioner
may, for good cause arising from the state of emergency due to the COVID-19
pandemic, direct the Department in the fall of 2021 to refrain from issuing any
or all of the reported measures and annual performance determinations for
school year 20202021, as described in
603 CMR
2.03(2) through (3). The
Commissioner may direct that schools and districts maintain their most recent
accountability determinations for an additional year.
(b) The district and school may continue
their relationship with any external partner appointed to advise or assist the
superintendent in the implementation of the turnaround plan and may continue to
use the turnaround plan in order to continue to improve school performance,
renewing or revising it as appropriate, provided that any feature of the
turnaround plan that was adopted pursuant to M.G.L. c. 69, § 1J(d), in
contravention of any general or special law to the contrary, shall be
discontinued unless:
1. no more than one year
before the removal of the school from under performing status, the
superintendent proposed to continue such feature of the turnaround plan for a
transitional period after the school's removal from under performing status,
supporting this proposal with a written explication of the reasons this
continuation is necessary and providing the school committee, the teachers'
union or association, and the parent organization for the school with a copy of
the proposal and supporting documents; and
2. before removing the school from under
performing status, the commissioner determined, after considering any
opposition from the school committee, the teachers' union or association, or
the parent organization for the school, that such feature of the turnaround
plan would contribute to the continued improvement of the school and should
continue after the removal.
The superintendent may propose to continue and the commissioner
may allow to continue more than one such feature of the turnaround plan.
(c) Upon making a
determination pursuant to 603 CMR 2.05(11)(b)2. that such feature or features
of the turnaround plan should continue, the commissioner shall define the
progress that the school must make for each continuing feature of the plan to
be discontinued.
(d) On
determination by the commissioner at any time, based on evidence that may
include evidence from a school or district review or a follow-up review, that
the school has made the progress defined under 603 CMR 2.05(11)(c) as necessary
to allow a continuing feature of the turnaround plan to be discontinued:
1. such feature shall be discontinued;
and
2. any powers granted to the
commissioner or Board with respect to the school under M.G.L. c. 69, § 1J,
that did not cease on removal of the school from under performing status shall
cease.
(e) Two years
after the removal of the school from under performing status, if any of the
continuing features of the turnaround plan has yet to be discontinued, the
commissioner shall conduct a review of the school to determine whether such
continuing feature or features should remain in place or be
discontinued.
(12)
Removal of under performing District Designation. A
district with an under performing District Plan shall be removed from under
performing status by the commissioner when the commissioner determines, based
on evidence that may include evidence from a monitoring report or from a
follow-up review, that:
(a) the district has
satisfactorily achieved the goals and benchmarks of its under performing
District Plan; and
(b) the district
has the capacity to continue making progress without the accountability and
assistance provided by under performing status.