(1) (a) The department shall annually review each school district's and the institute's performance and, based on the rules of the state board, determine the appropriate accreditation category for the school district or institute. The department shall notify each school district and the institute of its accreditation category and shall publish each school district's and the institute's accreditation category, with supporting data, on the data portal. The department shall also publish each school district's and the institute's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, on the data portal following adoption of the plan. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the department may change a school district's or the institute's accreditation category prior to conclusion of the annual performance review if the department determines that the school district or the institute has substantially failed to meet a requirement specified in the accreditation contract and that immediate action is required to protect the interests of the students and parents of students enrolled in the district public schools or the institute charter schools. (c) In reviewing school districts' and the institute's performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, and the institute in attempting to improve performance in school districts that are in an accreditation category that is lower than accredited or in the institute if it is in an accreditation category that is lower than accredited. (d) The state board by rule shall establish the time frames in which the department shall review school district and institute performance and determine and report each school district's and the institute's appropriate accreditation category, and the time frames in which the school districts and the institute shall adopt their respective plans and submit them for review and publication on the data portal. A school district with one thousand students or fewer shall only be required to submit a single plan to satisfy the school district and school plan requirements. (e) The state board shall promulgate rules to ensure a school district's or the institute's right to a hearing before the state board to appeal placement in the accredited with turnaround plan category or removal of accreditation pursuant to section 22-11-209. (1.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not assign accreditation ratings for school districts and the institute. For the 2015-16 school year, each school district and the institute shall continue to implement the plan type that was assigned for the preceding school year. The department shall assign accreditation ratings for school districts and the institute for the 2016-17 school year and each school year thereafter. (1.6) (a) Notwithstanding any provision of this article 11 or any provision of state board rule that implements this article 11 to the contrary, for the 2020-21 and 2021-22 school years, the department shall not assign accreditation ratings for school districts and the institute. For the 2020-21 and 2021-22 school years, each school district and the institute shall continue to implement the plan type for the accreditation rating assigned for the preceding school year. (b) (I) Notwithstanding the provisions of subsection (1.6)(a) of this section, if required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its accreditation rating for the 2019-20 school year, a school district or the institute may submit a request to the department for an accreditation rating and plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence, which may include state and local assessment data. The state board may promulgate rules for implementing this subsection (1.6)(b), including but not limited to: (A) The time frames and process for a school district or the institute to make a request to the department; (B) The standards to determine whether a request will be granted, including the minimum standards that must be addressed by the alternative body of evidence; (C) Input from the state review panel; (D) The content of the accreditation contracts and plans based upon the state board's determination of whether to assign a higher accreditation rating; and (E) The provision of additional supports and grants necessary to implement this subsection (1.6)(b)(I). (II) A change in a school district's or the institute's accreditation rating for the 2021-22 school year pursuant to subsection (1.6)(b)(I) of this section does not affect the time-based calculations required in sections 22-11-207 (4)(a) and 22-11-209 (3.5). (1.7) Repealed. (2) The department shall provide technical assistance and support to school districts that are accredited with improvement plan, accredited with priority improvement plan, or accredited with turnaround plan and to the institute if it is accredited at any of those categories. The department shall base the amount of technical assistance and support provided to a school district or the institute on the school district's or institute's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to: (a) Access to data and research to support interpretation of student data, decision- making, and learning; (b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities within the school district and student engagement and re-engagement; and (c) Evaluation and feedback on the school district's or the institute's improvement, priority improvement, or turnaround plan, whichever is applicable. (2.5) In addition to the technical assistance and support described in subsection (2) of this section, the department shall make available to the directors of the local school board of a school district that is accredited with improvement plan or lower, or that includes a public school that is required to adopt a priority improvement or turnaround plan, training in school district and public school governance and turnaround best practices. The department shall also make available informational materials and training opportunities for parents, school personnel, and members of the affected district accountability committee and school accountability committee. (3) The commissioner may assign the state review panel to critically evaluate a school district's priority improvement plan or turnaround plan or the institute's priority improvement plan or turnaround plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a school district's or the institute's priority improvement or turnaround plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the affected local school board or institute board recommendations concerning: (a) Whether the school district's or institute's leadership is adequate to implement change to improve results; (b) Whether the school district's or institute's infrastructure is adequate to support school improvement; (c) The readiness and apparent capacity of public school and school district or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools; (d) The readiness and apparent capacity of public school and school district or institute personnel to engage productively with and benefit from the assistance provided by an external partner; (e) The likelihood of positive returns on state investments of assistance and support to improve the school district's or institute's performance within the current management structure and staffing; and (f) The necessity that the school district or institute remain in operation to serve students.
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