Current through Register 1531, September 27, 2024
(1)
Designating Districts as Chronically under performing.
(a) A district shall be eligible for
designation as chronically under performing if it is not a single-school
district and it scores in the lowest 10% statewide of districts of the same
grade levels on a single measure developed by the Department that takes into
account at least:
1. district MCAS achievement
in English language arts, mathematics, and science; and
2. student growth in English language arts
and mathematics.
(b) The
Board may designate an eligible district as chronically under performing, if
the commissioner so recommends, on the basis of one or more of the following:
1. a district review report;
2. a report from an accountability monitor
appointed pursuant to
603
CMR 2.05(4)(b);
3. a follow-up review report;
4. quantitative indicators such as student
attendance, dismissal, suspension, exclusion, promotion, graduation, and
dropout 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,
economic disadvantage, English language proficiency, and racial
classifications, or annual growth in MCAS performance for students in the
district as compared with peers across the Commonwealth; or
5. the failure of an under performing
district to meet, in a timely manner, the benchmarks or goals in its current
under performing District Plan as approved by the Department pursuant to
603
CMR
2.05(8)(d).
(c) Not more than 2.5% of the total number of
school districts may be designated as chronically under performing at any given
time.
(d) Before the commissioner
recommends that an eligible district be designated as chronically under
performing, a district review team including at least one member with expertise
in the academic achievement of students with limited English proficiency shall
conduct a district review to assess and report on the reasons for the
district's underperformance and the prospects for improvement, unless the
commissioner determines that a new review is unnecessary because a district
review conducted within the last year is adequate.
(e) Before designating a district as
chronically under performing, the Board shall consider the findings of the most
recent district review, as well as multiple quantitative indicators of district
quality such as those listed in 603 CMR 2.06(1)(b)4.
(f) School district and municipal officials,
including the school committee, as well as the local teachers' union or
association president or designee, a representative of the local parent
organization, and members of the public, shall have an opportunity to be heard
by the Board before final action by the Board to designate the district as
chronically under performing.
(2)
Designating Schools as
Chronically under performing.
(a) The commissioner may reclassify an under
performing school as chronically under performing at the expiration of its
turnaround plan if the commissioner determines:
1. that the school has failed to improve as
required by the goals, benchmarks, or timetable of the turnaround plan;
or
2. that the school has failed to
make significant improvement and that conditions in the district make it
unlikely that the school will make significant improvement unless it is
designated as chronically under performing.
(b) Charter schools and Commonwealth of
Massachusetts virtual schools shall not be eligible for designation as
chronically 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.
(c) School, school district, and municipal
officials, including the school committee, as well as the local teachers' union
or association president or designee, a representative of the school's parent
organization, and family members of students at the school, shall have an
opportunity to meet with the commissioner or his or her designee before the
commissioner designates a school as chronically under
performing.
(3)
Appointment and Powers of Receiver for a Chronically under
performing District.
(a)
Following the designation of a district as chronically under performing under
603 CMR 2.06(1)(b), the commissioner, on behalf of the Board, shall appoint a
receiver for the district pursuant to M.G.L. c. 69, § 1K(a).
(b) The receiver shall have the powers
provided to the receiver by M.G.L. c. 69, § 1K, including all of the
powers of the superintendent and school committee and full managerial and
operational control over the district, provided that the district shall remain
the employer of record for all other purposes, and provided further that the
commissioner may define the scope of the receiver's powers up to those set
forth in M.G.L. c. 69, § 1K, based on conditions in the district or its
schools. The commissioner may from time to time modify the scope of the
receiver's powers based on conditions in the district or its
schools.
(4)
Replacement of Receiver for a Chronically under performing
District. If the commissioner terminates the receiver for a
chronically under performing district pursuant to M.G.L. c. 69, § 1K(h),
the commissioner shall appoint another receiver for the district in accordance
with M.G.L. c. 69, § 1K(a) and 603 CMR 2.06(3)(b).
(5)
Receiver for a Chronically
under performing School.
(a) A
receiver appointed by the commissioner for a chronically under performing
school pursuant to M.G.L. c. 69, § 1J(r), shall have all of the powers
that the superintendent previously had over the school and all of the powers
granted to a receiver for a chronically under performing school by M.G.L. c.
69, § 1J. The receiver shall report directly to the
commissioner.
(b) If the
commissioner terminates the receiver for a chronically under performing school
pursuant to M.G.L. c. 69, § 1J(v), the commissioner may appoint another
receiver for the school in accordance with M.G.L. c. 69, § 1J(r) and 603
CMR 2.06(5)(a).
(6)
Turnaround Plans for Chronically under performing
Schools. The turnaround plan developed for each chronically under
performing school shall:
(a) be authorized,
pursuant to M.G.L. c. 69, § 1J(t), 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
chronically under performing status;
(b) fulfill the other requirements of M.G.L.
c. 69, § 1J;
(c) provide for
the implementation of the standards and indicators published pursuant to
603 CMR
2.03(6)(a) and
(b);
(d) 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;
(e) include
descriptions of the assistance to be provided by the Department in support of
the action steps in the plan, subject to the availability of resources for the
Department to provide the assistance; and
(f) be prepared on a format developed by the
Department.
(7)
Turnaround Plans for Chronically under performing
Districts. The turnaround plan developed for each chronically
under performing district shall:
(a) focus,
pursuant to M.G.L. c. 69, § 1K(b), on any chronically under performing
school or schools in the district and, using the most recent district review
report as a guide, on any district policies or practices that have contributed
to the designation of the school or schools or district as chronically under
performing including, but not limited to, district systems for school support
and intervention;
(b) be
authorized, pursuant to M.G.L. c. 69, § 1K(f), 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 district has
been removed from chronically under performing status;
(c) fulfill the other requirements of M.G.L.
c. 69, § 1K;
(d) if the
district has any under performing or chronically under performing schools,
provide for the implementation in the district of the systems and processes
described in
603 CMR
2.03(6) including, pursuant
to M.G.L. c. 69, § 1K, new turnaround plans for any under performing or
chronically under performing school for which the turnaround plans are deemed
inadequate by the receiver.
(e)
include, for the district: benchmarks by which to measure progress toward the
annual goals included in the plan pursuant to M.G.L. c. 69, § 1K, and a
timetable for achieving those benchmarks;
(f) describe the assistance to be provided by
the Department in support of the action steps in the plan, subject to the
availability of the resources for the Department to provide the assistance;
and
(g) be prepared on a format
developed by the Department.
(8)
Quarterly Reports for
Chronically under performing Schools and Districts.
(a) Quarterly reports for chronically under
performing schools, including the review by the commissioner to be submitted at
least annually to the superintendent and the school committee, shall be
submitted pursuant to M.G.L. c. 69, § 1J(u) and (v) on a format developed
by the Department.
(b) Quarterly
reports for chronically under performing districts, including the evaluation by
the commissioner to be submitted at least annually to the Board and the school
committee, shall submitted pursuant to M.G.L. c. 69, § 1K(g) and (h) on a
format developed by the Department.
(9)
Reports to the
Board. The commissioner shall report regularly to the Board on the
progress made by each chronically under performing district and
school.
(10)
Removal of
Chronically under performing School Designation.
(a) The commissioner shall define for each
chronically under performing school the academic and other progress that it
must make for it to be removed from chronically 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 chronically under performing, defining it as any
or all of the progress in 603 CMR 2.06(10)(a)1. and 2., or any other progress
the commissioner determines appropriate.
(c) The commissioner shall remove a school
from chronically under performing status when, at any time, the commissioner
determines, based on evidence that may include a report from the accountability
monitor appointed pursuant to
603
CMR 2.05(4)(b), from the
school's or district's receiver, if any, from a district review, or from a
follow-up review, that:
1. the school has
achieved the academic and other progress defined by the commissioner under 603
CMR 2.06(10)(a) and (b) as necessary to allow it to be removed from chronically
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 chronically under performing designation.
(d) The commissioner may remove a school from
chronically under performing status if the district in which the school resides
is designated as chronically under performing.
(e) At the expiration of the turnaround plan,
in conducting a review of the school pursuant to M.G.L. c. 69, § 1J(w),
the commissioner shall consider whether the conditions described in 603 CMR
2.06(10)(c)1. and 2. exist. If the commissioner determines that both of these
conditions exist, he or she shall remove the school from chronically under
performing status.
(f) Following
his or her review, the commissioner will make a determination as to whether the
school has improved sufficiently to be removed from chronically under
performing status, or maintains its designation as 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.
(11)
Effect of Removal of Chronically under performing School
Designation; Transitional Period.
(a) Upon the commissioner's removal of a
school from chronically under performing status, the provisions of M.G.L. c.
69, § 1J, for schools designated as chronically under performing shall no
longer apply to it and the employment of any receiver for the school shall
end.
(b) The district and school
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(o),
in contravention of any general or special law to the contrary shall be
discontinued unless the commissioner determined before removing the school from
chronically under performing status that such feature of the turnaround plan
would contribute to the continued improvement of the school and should continue
for a transitional period after the removal. The commissioner may allow more
than one such feature of the turnaround plan to continue.
(c) Upon making a determination pursuant to
603 CMR 2.06(11)(b) 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 2.06(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 chronically under performing status shall
cease.
(e) Two years
after the removal of the school from chronically 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)
Termination of Receivership and Removal of Chronically under
performing District Designation.
(a) The commissioner shall define for each
chronically under performing district the academic and other progress that it
must make for it to be removed from chronically 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. a higher graduation rate; and
c. a measure of postsecondary success, once
the Department identifies one that is sufficiently reliable, valid, and
timely;
2. the
implementation of district systems and practices that meet district standards
established under
603 CMR
2.03(6); and
3. progress in implementing in the district's
schools the standards and indicators published pursuant to
603 CMR
2.03(6)(a) and
(b).
(b) The commissioner, in defining the
required progress for the district, shall customize it to the particular
reasons the district was designated as chronically under performing, defining
it as any or all of the progress in 603 CMR 2.06(12)(a)1. through 3., or any
other progress the commissioner determines appropriate.
(c) The commissioner shall terminate the
receivership and remove the district from chronically under performing status
when, at any time, the commissioner determines, based on evidence that may
include a report from the district's receiver or a follow-up review, that
1. the district has achieved the academic and
other progress defined by the commissioner under 603 CMR 2.06(12)(a) and (b) as
necessary to allow it to be removed from chronically under performing status;
and
2. the district has the
capacity to continue making progress without the accountability and assistance
provided by designation as a chronically under performing
district.
(d) At the
expiration of the turnaround plan, in reevaluating the district's chronically
under performing status pursuant to M.G.L. c. 69, § 1K(i), the
commissioner shall consider whether the conditions described in 603 CMR
2.06(12)(c)1. and 2. exist. If the commissioner determines that both of these
conditions exist, he or she shall terminate the receivership and remove the
district from chronically under performing status.
(e) Following his or her review, the
commissioner will make a determination as to whether the district has improved
sufficiently to be removed from chronically under performing status, or
maintains its designation as 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.
(13)
Effect of Removal of
Chronically under performing District Designation; Transitional
Period.
(a) Upon the
commissioner's removal of a district from chronically under performing status,
the provisions of M.G.L. c. 69, § 1K, for districts designated as
chronically under performing shall no longer apply to it and the employment of
the receiver shall end.
(b) The
district may continue to use the turnaround plan in order to continue to
improve students' academic 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, § 1K(d), in contravention of any general or special law to
the contrary shall be discontinued unless the commissioner determined, before
removing the district from chronically under performing status, that such
feature of the turnaround plan would contribute to the continued improvement of
the district and should continue for a transitional period after the removal.
The commissioner may allow more than one such feature of the turnaround plan to
continue.
(c) Upon making a
determination pursuant to 603 CMR 2.06(13)(b) that such feature or features of
the turnaround plan should continue, the commissioner shall define the progress
that the district 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 district review, a report from the district's receiver, or a follow-up
review, that the district has made the progress defined under 603 CMR
2.06(13)(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 district under M.G.L.
c. 69, § 1K, that did not cease on removal of the district from
chronically under performing status, shall cease.
(e) Two years after the removal of the
district from chronically 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 district to determine whether such continuing
feature or features should remain in place or be discontinued.
(14)
Petition by
School Committee of a Chronically under performing District.
(a) When the school committee of a
chronically under performing district petitions the commissioner, pursuant to
M.G.L. c. 69, § 1K (i), for either modification of the turnaround plan or
elimination of the turnaround plan and termination of the receivership, the
commissioner shall decide the petition after considering the following:
1. written arguments and supporting
documentation submitted with the petition by the school committee;
2. written arguments and supporting
documentation submitted in response to the petition by the receiver;
and
3. the report of any follow-up
review conducted since the district was designated as chronically under
performing.
(b) If no
follow-up review has been conducted within the last year, before the
commissioner's receipt of the petition and the commissioner determines that
such a review would be useful in deciding on the petition, the commissioner may
cause one to be conducted and delay the decision on the petition until 30 days
after receiving the follow-up review report, provided that a decision on the
petition shall be made within four months of the commissioner's receipt of the
petition.
(c) Within 30 days of
receiving the commissioner's decision, the school committee may appeal an
adverse decision to the Board. The Board shall consider the evidence described
in 603 CMR 2.06(14)(a)1. through 3. and may consider other evidence from the
school committee, receiver, and commissioner. The decision of the Board shall
be made within 60 days of receiving the appeal and shall be final.
(d) Neither the process before the
commissioner nor the process before the Board shall be an adjudicatory
hearing.
(e) No petition for the
elimination of the turnaround plan and termination of the receivership shall be
granted unless the commissioner or, in the case of an appeal, the Board
determines:
1. that the district has achieved
the progress defined by the commissioner under 603 CMR 2.06(12)(a) as necessary
to allow the district to be removed from chronically under performing status or
that the district has achieved other, comparable or superior progress;
and
2. that the district has the
capacity to continue making progress without the accountability and assistance
provided by designation as chronically under performing.
(f) Upon a decision by the commissioner or
the Board granting a petition for the elimination of the turnaround plan and
termination of the receivership, the receivership shall be terminated and the
district removed from chronically under performing status.