(1) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators. (a.5) The department shall notify each school district and the institute of the initial recommendation of the type of plan that each district public school or institute charter school must adopt. If a school district or the institute disagrees with one or more of the department's initial plan recommendations, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the final plan recommendation, which may include: (I) The length of time during which the public school has been unable to meet the statewide targets; (II) The improvements, changes, and interventions the public school has implemented and is implementing to improve its performance if it is not meeting the statewide targets; (III) The progress the public school is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the public school is not achieving the statewide targets; (IV) The percentage of grade levels within the public school that are required to take statewide assessments; (V) The pupil enrollment of the public school as it may affect the reliability of the assessment data; (VI) For a high school, the percentages of students enrolled in the high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and (VII) Any supplemental data for grade levels for which there are not statewide assessments that indicate the public school is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7- 1005. (a.6) The department shall notify each school district and the institute of the final plan recommendations for each district public school or institute charter school within the time frames adopted by rule of the state board. (b) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses. (c) In promulgating rules pursuant to this subsection (1), the state board shall use clear, understandable language to describe the criteria for determining the type of plan that a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process. (d) (I) Beginning with the 2018-19 school year, if a public school performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall require the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section; except that, if, before the five years have accumulated, the public school performs for at least two consecutive years at a level that results in the public school being required to adopt an improvement or performance plan, the five years stop accumulating unless the public school again performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years, at which time the public school is again in the first two of the five years. For the time during which the five years of performance are accumulating, a public school is on performance watch. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), for purposes of calculating whether a public school is required to implement a priority improvement or turnaround plan for longer than a combined total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not recommend school plans as provided in subsection (2.5) of this section, from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year. (III) Notwithstanding the provisions of subsection (1)(d)(I) of this section, the department shall exclude the consideration of the school's plan type assigned for the 2020-21, 2021-22, and 2022-23 school years from the calculations required in subsections (1)(d)(I) and (5.5) of this section and shall count the school's plan type for the 2023-24 school year as if it were consecutive to the 2019-20 school year. However, a change in the type of plan a public school must adopt for the 2022-23 school year pursuant to subsection (1)(a.5) of this section may be factored into the calculation of years for purposes of subsection (1)(d)(I) of this section. (d.5) Notwithstanding any provision of subsection (1)(d)(I) of this section to the contrary, at the request of the school district, in consultation with the affected school accountability committee and, in the case of a district charter school, with the consent of the governing board of the district charter school, or the institute, with the consent of the governing board, and in consultation with the school accountability committee, of the affected institute charter school, the state board may direct the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section even though the public school has not completed the five years of performance watch. If the state board requires the school district or institute to take one of the actions described in subsection (5)(a) of this section, the public school is subject to the provisions of subsection (5.5) of this section. (e) The state board by rule shall establish the time frames within which the department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement. The state board shall also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category, identified by the local school board or the institute, and supporting data. (f) In reviewing public schools' performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans. (1.5) Repealed. (2) (a) The department shall annually review each public school's performance and, based on the rules of the state board, recommend to the state board that the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process. (b) (I) Notwithstanding any provision of this article to the contrary, a school district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. (II) A school district that is authorized to submit a single plan pursuant to subparagraph (I) of this paragraph (b) and that is authorized pursuant to section 22-11-303 (4) to submit a school district performance plan every two years may submit a single plan to satisfy the school district and school plan requirements only if each of the public schools that is included in the single plan is authorized pursuant to section 22-11-403 (4) to submit a school performance plan every two years. (2.5) 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 recommend to the state board school plan types. For the 2015-16 school year, each public school shall continue to implement the school plan type that was assigned for the preceding school year. The department shall recommend to the state board school plan types for the 2016-17 school year and each school year thereafter. (2.6) (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 recommend to the state board school plan types. For the 2020-21 and 2021-22 school years, each public school shall continue to implement the school plan type that was assigned for the preceding school year. (b) (I) Notwithstanding the provisions of subsection (2.6)(a) of this section, if a public school is required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its 2019-20 plan type, the school district, for a school of the school district, or the institute, for an institute charter school, may submit a request to the department for a 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 (2.6)(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 different plan type; and (E) The provision of additional supports and grants necessary to implement this subsection (2.6)(b)(I). (II) A change in a public school's plan type for the 2021-22 school year pursuant to subsection (2.6)(b)(I) of this section does not affect the time-based calculations required in subsections (1)(d)(I) and (5.5) of this section. (2.7) Repealed. (3) At the request of a district public school's local school board, or at the institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school board, or the institute on the school'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 for students who reside within the neighborhood for the public school and student engagement and re-engagement; and (c) Evaluation and feedback on the public school's plan. (4) The commissioner may assign the state review panel to critically evaluate a public school's priority improvement or turnaround plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a public school's plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the local school board or the institute recommendations concerning: (a) Whether the public school's leadership is adequate to implement change to improve results; (b) Whether the public school's infrastructure is adequate to support school improvement; (c) The readiness and apparent capacity of the public school's personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school; (d) The readiness and apparent capacity of the public school's 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 public school's performance within the current management structure and staffing; and (f) The necessity that the public school remain in operation to serve students. (4.5) If a public school that is an online school, as defined in section 22-30.7-102, is on performance watch and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed. (5) (a) If a public school fails to make adequate progress under its turnaround plan or continues on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the public school's performance, which evaluation must include at least one on-site visit to the public school. Upon completing the evaluation, the state review panel shall determine whether to recommend: (I) With regard to a district public school that is not a charter school, that the district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances. (II) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board; (III) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school; (IV) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22-32.5-104; (V) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school's charter be revoked; or (VI) With regard to a district public school, that the district public school be converted to a community school, as defined in section 22-32.5-103 (1.5). (b) The state review panel shall present its recommendations to the commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in paragraph (a) of this subsection (5) the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly. (c) Notwithstanding any provision of this section to the contrary, for the 2015-16 school year and based on ratings given during the 2015-16 school year, the state board may direct the local school board for a district public school or the institute for an institute charter school to take an action concerning the public school that is not listed in paragraph (a) of this subsection (5) but that has comparable significance and effect. (d) The priority improvement or turnaround plan that a public school adopts for the fourth year in which the public school is on performance watch must include a general explanation for how the school district, for a district public school, or the institute, for an institute charter school, may put into effect each of the actions described in subsection (5)(a) of this section as they pertain to a district public school, district charter school, or institute charter school. (e) In promulgating rules concerning the timeline by which the state board directs and a school district, for a district public school, or the institute, for an institute charter school, puts into effect one or more of the actions described in subsection (5)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (5)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action. (5.5) (a) So long as a public school performs at a level that results in being required to implement a priority improvement or turnaround plan, after the state board initially directs the local school board or institute board to take action as provided in subsection (5)(b) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the public school's performance and recommend one or more of the actions described in subsection (5)(a) of this section. In evaluating the public school's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (4) of this section. The state board shall consider the recommendations of the state review panel, the actions that the local school board or institute board was previously directed to take with regard to the public school, the fidelity with which the school district or institute and the public school have implemented the directed actions, and whether the amount of time that the school district or institute and the public school have had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the local school board or institute board to continue the previously directed actions or direct the local school board or institute board to undertake additional or different actions as provided in subsection (5)(b) of this section. (a.5) Repealed. (b) Notwithstanding any provision of subsection (5.5)(a) of this section to the contrary, a public school remains subject to the provisions of this subsection (5.5) until the public school performs at a level that results in being required to implement an improvement or performance plan for two consecutive school years. (6) If a public school is restructured, the department, to the extent possible, shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request.
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