Sec. 10-223e. State-wide education accountability plan and possible actions. Study of academic achievement.
               	 		
      Sec. 10-223e. State-wide education accountability plan and possible actions. 
Study of academic achievement. (a) In conformance with the No Child Left Behind 
Act, P.L. 107-110, the Commissioner of Education shall prepare a state-wide education 
accountability plan, consistent with federal law and regulation. Such plan shall identify 
the schools and districts in need of improvement, require the development and implementation of improvement plans and utilize rewards and consequences.
      (b) Public schools identified by the State Board of Education pursuant to section 
10-223b of the general statutes, revision of 1958, revised to January 1, 2001, as schools 
in need of improvement shall: (1) Continue to be identified as schools in need of improvement, and continue to operate under school improvement plans developed pursuant to 
said section 10-223b through June 30, 2004; (2) on or before February 1, 2003, be 
evaluated by the local board of education and determined to be making sufficient or 
insufficient progress; (3) if found to be making insufficient progress by a local board 
of education, be subject to a new remediation and organization plan developed by the 
local board of education; (4) continue to be eligible for available federal or state aid; 
(5) beginning in February, 2003, be monitored by the Department of Education for 
adequate yearly progress, as defined in the state accountability plan prepared in accordance with subsection (a) of this section; and (6) be subject to rewards and consequences 
as defined in said plan.
      (c) (1) Any school or school district identified as in need of improvement pursuant 
to subsection (a) of this section and requiring corrective action pursuant to the requirements of the No Child Left Behind Act, P.L. 107-110, shall be designated and listed as 
a low achieving school or school district and shall be subject to intensified supervision 
and direction by the State Board of Education.
      (2) Notwithstanding any provision of this title or any regulation adopted pursuant 
to said statutes, except as provided in subdivision (3) of this subsection, in carrying out 
the provisions of subdivision (1) of this subsection, the State Board of Education shall 
take any of the following actions to improve student performance and remove the school 
or district from the list of schools or districts designated and listed as a low achieving 
school or district pursuant to said subdivision (1), and to address other needs of the 
school or district: (A) Require an operations audit to identify possible programmatic 
savings and an instructional audit to identify any deficits in curriculum and instruction 
or in the learning environment of the school or district; (B) require the local or regional 
board of education for such school or district to use state and federal funds for critical 
needs, as directed by the State Board of Education; (C) provide incentives to attract 
highly qualified teachers and principals; (D) direct the transfer and assignment of teachers and principals; (E) require additional training and technical assistance for parents 
and guardians of children attending the school or a school in the district and for teachers, 
principals, and central office staff members hired by the district; (F) require the local 
or regional board of education for the school or district to implement model curriculum, 
including, but not limited to, recommended textbooks, materials and supplies approved 
by the Department of Education; (G) identify schools for reconstitution, as may be 
phased in by the commissioner, as state or local charter schools, schools established 
pursuant to section 10-74g, or schools based on other models for school improvement, 
or for management by an entity other than the local or regional board of education for 
the district in which the school is located; (H) direct the local or regional board of 
education for the school or district to develop and implement a plan addressing deficits 
in achievement and in the learning environment as recommended in the instructional 
audit; (I) assign a technical assistance team to the school or district to guide school or 
district initiatives and report progress to the Commissioner of Education; (J) establish 
instructional and learning environment benchmarks for the school or district to meet as 
it progresses toward removal from the list of low achieving schools or districts; (K) 
provide funding to any proximate district to a district designated as a low achieving 
school district so that students in a low achieving district may attend public school in 
a neighboring district; (L) direct the establishment of learning academies within schools 
that require continuous monitoring of student performance by teacher groups; (M) require local and regional boards of education to (i) undergo training to improve their 
operational efficiency and effectiveness as leaders of their districts' improvement plans, 
and (ii) submit an annual action plan to the Commissioner of Education outlining how, 
when and in what manner their effectiveness shall be monitored; or (N) any combination 
of the actions described in this subdivision or similar, closely related actions.
      (3) If a directive of the State Board of Education pursuant to subparagraph (C), (D), 
(E) or (L) of subdivision (2) of this subsection or a directive to implement a plan pursuant 
to subparagraph (H) of said subdivision affects working conditions, such directive shall 
be carried out in accordance with the provisions of sections 10-153a to 10-153n, inclusive.
      (4) The Comptroller shall, pursuant to the provisions of section 10-262i, withhold 
any grant funds that a town is otherwise required to appropriate to a local or regional 
board of education due to low academic achievement in the school district pursuant to 
section 10-262h. Said funds shall be transferred to the Department of Education and 
shall be expended by the department on behalf of the identified school district. Said 
funds shall be used to implement the provisions of subdivision (2) of this subsection 
and to offset such other local education costs that the Commissioner of Education deems 
appropriate to achieve school improvements. These funds shall be awarded by the commissioner to the local or regional board of education for such identified school district 
upon condition that said funds shall be spent in accordance with the directives of the 
commissioner.
      (d) The State Board of Education shall monitor the progress of each school or district 
designated as a low achieving school or district pursuant to subdivision (1) of subsection 
(c) of this section and provide notice to the local or regional board of education for each 
such school or district of the school or district's progress toward meeting the benchmarks 
established by the State Board of Education pursuant to subsection (c) of this section. 
If a district fails to make acceptable progress toward meeting such benchmarks established by the State Board of Education and fails to make adequate yearly progress pursuant to the requirements of the No Child Left Behind Act, P.L. 107-110, for two consecutive years while designated as a low achieving school district, the State Board of 
Education, after consultation with the Governor and chief elected official or officials 
of the district, may request that the General Assembly enact legislation authorizing that 
control of the district be reassigned to the State Board of Education or other authorized 
entity.
      (e) Any school district or elementary school after two successive years of failing 
to make adequate yearly progress shall be designated as a low achieving school district 
or school and shall be evaluated by the Commissioner of Education. After such evaluation, the commissioner may require that such school district or school provide full-day 
kindergarten classes, summer school, extended school day, weekend classes, tutorial 
assistance to its students or professional development to its administrators, principals, 
teachers and paraprofessional teacher aides if (1) on any subpart of the third grade state-wide mastery examination, thirty per cent or more of the students in any subgroup, as 
defined by the No Child Left Behind Act, P.L. 107-110, do not achieve the level of 
proficiency or higher, or (2) the commissioner determines that it would be in the best 
educational interests of the school or the school district to have any of these programs. 
In ordering any educational program authorized by this subsection, the commissioner 
may limit the offering of the program to the subgroup of students that have failed to 
achieve proficiency as determined by this subsection, those in particular grades or those 
who are otherwise at substantial risk of educational failure. The costs of instituting the 
ordered educational programs shall be borne by the identified low achieving school 
district or the school district in which an identified low achieving school is located. The 
commissioner shall not order an educational program that costs more to implement than 
the total increase in the amount of the grant that a town receives pursuant to section 10-262i in any fiscal year above the prior fiscal year.
      (f) The Commissioner of Education shall conduct a study, within the limits of the 
capacity of the Department of Education to perform such study, of academic achievement of individual students over time as measured by performance on the state-wide 
mastery examination in grades three to eight, inclusive. If this study evidences a pattern 
of continuous and substantial growth in educational performance on said examinations 
for individual students, then the commissioner may determine that the school district 
or elementary school shall not be subject to the requirements of subsection (e) of this 
section, but shall still comply with the requirements of the No Child Left Behind Act, 
P.L. 107-110, if applicable.
      (May 9 Sp. Sess. P.A. 02-7, S. 6; June Sp. Sess. P.A. 07-3, S. 32; P.A. 08-153, S. 4.)
      History: May 9 Sp. Sess. P.A. 02-7 effective August 15, 2002; June Sp. Sess. P.A. 07-3 added Subsecs. (c) to (f) re 
low achieving schools or districts and direction by the State Board of Education, re monitoring of progress by State Board 
of Education, re evaluation by Commissioner of Education and re study of academic achievement, respectively, effective 
July 1, 2007; P.A. 08-153 amended Subsec. (c)(2) to add exception re Subsec. (c)(3) and, in Subpara. (E), add provision 
re parents and guardians, add new Subpara. (M) re training and annual action plan, redesignate existing Subpara. (M) as 
Subpara. (N) and make a technical change therein, added new Subsec. (c)(3) re carrying out directive in accordance with 
Secs. 10-153a to 10-153n and redesignated existing Subsec. (c)(3) as Subsec. (c)(4), effective July 1, 2008.