Bill Text: NJ A1654 | 2024-2025 | Regular Session | Introduced


Bill Title: "Innovation Schools Act"; establishes process to develop innovation schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Education Committee [A1654 Detail]

Download: New_Jersey-2024-A1654-Introduced.html

ASSEMBLY, No. 1654

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     "Innovation Schools Act"; establishes process to develop innovation schools.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the development of innovation schools and supplementing Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the "Innovation Schools Act."

 

     2.    a.     The Commissioner of Education shall establish an innovation schools program.

     (1)   An innovation school shall be a public school operating within a school district for the purpose of improving school performance and student achievement through increased autonomy and flexibility.  An innovation school may be established as a new public school or as a conversion of an existing public school.  An innovation school may establish an advisory board of trustees.

     (2)   An innovation school shall be a school in which faculty and school leaders are primarily responsible for developing the innovation plan under which the school operates and leadership is responsible for meeting the terms of the innovation plan, or an external partner is primarily responsible for developing the innovation plan under which the school operates and the external partner is responsible for meeting the terms of the innovation plan.

     b.    The commissioner shall provide guidance on the development and operation of innovation schools by local school districts pursuant to the provisions of this act.   The commissioner shall: 

     (1)   provide planning and implementation grants to eligible applicants to establish innovation schools;

     (2)   provide technical assistance and support to eligible applicants;        (3)        collect and publish data and research related to the innovation schools initiative; and

     (4)   collect and disseminate best practices in innovation schools that may be adopted by other public schools.

     c.     An innovation school shall have increased autonomy and flexibility in one or more of the following areas:

     (1)   curriculum;

     (2)   budget;

     (3)   school schedule and calendar;

     (4)   staffing policies and procedures, including waivers from or modifications to, contracts or collective bargaining agreements;

     (5)   school district policies and procedures; and

     (6)   professional development.

     d.    An innovation school established pursuant to this act shall be authorized by the local board of education and shall operate according to an innovation plan which articulates the areas of autonomy and flexibility authorized under subsection c. of this section.

     e.     An innovation school shall operate in accordance with the provisions of law and regulation which govern other public schools, except as those laws and regulations conflict with this act or an innovation plan created pursuant to this act.

 

     3.    a.  An innovation school may be established by: parents; teachers; parent-teacher organizations; principals; superintendents; boards of education; teacher unions; institutions of higher education; non-profit community-based organizations; non-profit business or corporate entities; non-profit charter school operators; non-profit education management organizations; educational collaboratives; consortia of these groups; and non-profit entities authorized by the commissioner.

     b.    Private and parochial schools shall not be eligible to operate an innovation school.

 

     4.    An application to establish an innovation school shall include, but need not be limited to, a description of:

     a.     whether the school will be a new school or a conversion of an existing school;

     b.    if the school is a new school, the proposed location of the school;

     c.     if the school is a conversion of an existing school, the school that is being proposed for conversion;

     d.    the external partners, if any, that will be involved in the school;

     e.     the number of students the school is anticipated to serve and the  number of staff expected to be employed in the school;

     f.     the overall vision for the school, including improving school performance and student achievement;

     g.    specific needs or challenges the school will be designed to address;

     h.    an assessment of the autonomy and flexibility accommodations that the applicant seeks, and explanation as to how these accommodations will address specific needs or challenges the school will be designed to address;

     i.     anticipated components of the school's innovation plan;

     j.     a description of the process that will be used to involve appropriate stakeholders in the development of the innovation plan;

     k.    a proposed timetable for development and establishment of the proposed school; and

     l.     such other information as the board of education may require. 

 

     5.    a.  Upon completion of the application, an applicant shall submit the application to the superintendent, who shall within 30 days convene a screening committee consisting of the superintendent or designee, a board of education member, and a representative of the local collective bargaining unit for teachers.

     b.    The screening committee shall review the application for the purpose of determining whether the application:

     (1)   presents a sound and coherent plan for improving school performance and student achievement;

     (2)   supports or enhances existing educational efforts in the district; and

     (3)   reasonably can be expanded into a comprehensive innovation plan.

     c.     In the case of a new school, the committee shall prepare an impact statement describing how the new school will affect the children and faculty in the district.  Within 30 days of receiving an application, the screening committee shall decide, on the basis of a two-thirds vote, to accept or reject the application, or return the application to the eligible applicant for revisions.  If an application is rejected or returned, the screening committee shall submit a detailed explanation for the decision to the applicant.  An application that is rejected or returned may be revised and resubmitted for subsequent consideration.

 

     6.    Upon the acceptance of an application by the screening committee pursuant to section 5 of this act, the applicant shall form an innovation plan committee of not more than 11 individuals within 30 days.  The purpose of the innovation plan committee shall be to:

     a.     develop the innovation plan;

     b.    assure that appropriate stakeholders are represented in the development of the proposed innovation school; and

     c.     provide meaningful opportunities for the stakeholders to contribute to the development of the school.

 

     7.    a.  The size and composition of the innovation plan committee shall be determined by the applicant; provided, the committee shall include:

     (1)   the applicant;

     (2)   the superintendent, or a designee;

     (3)   a board of education member;

     (4)   a parent of a child enrolled in the school, or in the case of a new school, a parent of a child enrolled in the district;

     (5)   a principal employed by the district; and

     (6)   two teachers employed by the district.

     b.    The applicant shall select the parent from among nominees submitted by parent-teacher organizations in the district.  If the district does not contain a parent-teacher organization or if the organization does not submit nominees, the applicant shall select the parent from among volunteers in the area or community the proposed school is expected to serve.  The applicant shall select the principal and one teacher from among volunteers in the district and one teacher from among nominees submitted by the collective bargaining unit.

 

     8.    a.  Upon the formation of the innovation plan committee pursuant to section 6 of this act, the committee shall develop the innovation plan for the proposed innovation school.  The purpose of the innovation plan shall be to comprehensively articulate the areas of autonomy and flexibility that the proposed school will use.

     b.    The innovation plan shall include, but need not be limited to:

     (1)   a curriculum plan, with a detailed description of the curriculum and related programs for the proposed school and how the curriculum is expected to improve school performance and student achievement;

     (2)   a budget plan, with a detailed description of how funds will be used differently in the proposed school to support school performance and student achievement;

     (3)   a school schedule plan, with a detailed description of the ways, if any, the program or calendar of the proposed school will be enhanced or expanded;

     (4)   a staffing plan, with a detailed description of how the school principal, administrators, faculty, and staff will be recruited, employed, evaluated, and compensated in the proposed school and any proposed waivers or modifications of collective bargaining agreements;

     (5)   a policy and procedures plan, with a detailed description of the unique operational policies and procedures to be used by the proposed school and how the procedures will support school performance and student achievement; and

     (6)   a professional development plan, with a detailed description of how the school may provide high-quality professional development to its administrators, teachers, and staff.

     c.     In order to assess the proposed school across multiple measures of school performance and student success, the innovation plan shall include measurable goals including, but not limited to, the following:

     (1)   student attendance;

     (2)   student safety and discipline;

     (3)   student promotion and graduation and dropout rates;

     (4)   student achievement on the Statewide assessments;

     (5)   progress in areas of underperformance;

     (6)   progress among subgroups of students including low-income students, limited English proficient students, and special education students; and

     (7)   reduction of achievement gaps among different groups of students.

     d.    A majority vote of the innovation plan committee shall be required for committee approval of the innovation plan.

 

     9.    The provisions of the collective bargaining agreements applicable to teachers and other school staff in the school district shall be in operation in the innovation school, except to the extent that the provisions are waived or modified under the innovation plan.

 

     10.  a.  In the case of a school conversion, upon completion of the innovation plan, the applicant shall submit the innovation plan to teachers in the school that is proposed for conversion for approval  within 30 days.  A two-thirds vote of the teachers shall be required to approve the plan.  Upon approval of an innovation plan, the plan shall, within 7 days, be submitted to the board of education.  If a two-thirds vote is not achieved, the innovation plan committee may revise the innovation plan as necessary and submit the revised plan to the teachers for a subsequent vote.

     b.    In the case of a new school, upon the completion of the innovation plan, the applicant, a local union representative, and the superintendent shall negotiate waivers or modifications to the applicable collective bargaining agreement necessary for the school to implement the innovation plan.  Upon the conclusion of the negotiations, the innovation plan shall be submitted immediately to the board of education.

 

     11.  Upon receipt of an innovation plan regarding an innovation school, a board of education shall hold at least one public hearing on the innovation plan.  After the public hearing, but not later than 60 days after the receipt of the innovation plan, the board of education shall vote on whether or not to authorize the innovation school for a period of not more than five years.

 

     12.  In the case of a conversion of an existing school into an innovation school, a student who is enrolled in a school at the time it is established as an innovation school shall retain the ability to remain enrolled in the school if the student chooses to do so.  The parent or guardian of the student may determine not to enroll the student in the innovation school, and in that case the student shall be eligible for enrollment in another school in the school district.

 

     13.  a. Each innovation school shall be evaluated by the superintendent at least annually.  The superintendent shall transmit the evaluation to the board of education and the commissioner.  The purpose of the evaluation shall be to determine whether the school has met the annual goals in its innovation plan and assess the implementation of the innovation plan at the school.  If the board of education determines, on the advice of the superintendent, that the school has not met one or more goals in the innovation plan and that the failure to meet the goals may be corrected through reasonable modification of the plan, the board of education may amend the innovation plan as necessary.

      b.   If the board of education determines, on the advice of the superintendent, that the school has substantially failed to meet multiple goals in the innovation plan, the board of education may:

      (1)    limit one or more components of the innovation plan;

      (2)    suspend one or more components of the innovation plan; or

      (3)   terminate the authorization of the school; provided, however, that the limitation or suspension shall not take place before the completion of the second full year of the operation of the school and the termination shall not take place before the completion of the third full year of the operation of the school.

 

     14.  At the end of the period of authorization of an innovation school, the leadership of the school may petition the board of education to extend the authorization of the school for an additional period of not more than 5 years.

 

     15.  a.  The school district shall pay directly to the innovation school for each student enrolled in the innovation school who resides in the district an amount equal to 100% of the sum of the budget year equalization aid per pupil and the prebudget year general fund tax levy per pupil inflated by the CPI rate most recent to the calculation.  In addition, the school district shall pay directly to the innovation school the security categorical aid attributable to the student and a percentage of the district's special education categorical aid equal to the percentage of the district's special education students enrolled in the innovation school and, if applicable, 100% of preschool education aid.  The district shall also pay directly to the innovation school any federal funds attributable to the student.

     b.    Notwithstanding the provisions of subsection a. of this section, in the case of a student who was not included in the district's projected resident enrollment for the school year, the State shall pay 100% of the amount required pursuant to subsection a. of this section for the first year of the student's enrollment in the innovation school.

     c.     The State shall make payments required pursuant to subsection b. of this section directly to the innovation school.

     d.    An innovation school may retain any unused funds and use the funds in subsequent school years.

     e.     An innovation school may establish a non-profit organization that may, among other things, assist the school with fundraising.  A district shall not reduce its funding to an innovation school as a result of the school's fundraising activities.

     16.  Nothing in this act shall be construed to prohibit: the establishment of an innovation school as an academy within an existing public school; the establishment of an innovation school serving students from two or more school districts provided all of the provisions of this act are met by each school district; or the simultaneous establishment of two or more innovation schools as an innovation schools zone within a school district.

 

     17.  The commissioner shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) on the implementation of this act.

 

     18.  The Commissioner of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B -1 et seq.), to carry out the provisions of this act.

 

     19.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill directs the Commissioner of Education to establish an innovation schools program.  An innovation school will be a public school operating within a school district for the purpose of improving school performance and student achievement through increased autonomy and flexibility.  An innovation school could be established as a new school or as a conversion of an existing public school.  The commissioner will provide guidance on the development of innovation schools and will provide planning grants and technical assistance to eligible applicants.

     An innovation school will have increased autonomy and flexibility in one or more areas including curriculum, budget, school schedule and calendar, staffing policies and procedures, school district policies and procedures, and professional development.  An innovation school must be authorized by the board of education and will operate in accordance with an innovation plan that articulates its authorized areas of autonomy and flexibility.  The innovation plan will be developed by faculty and school leaders, and school leaders will be responsible for meeting the terms of the plan.  The innovation plan may also be developed by an external partner, and in that case the external partner will be responsible for meeting the terms of the plan.  The innovation plan will be based on student outcomes data including student achievement on Statewide assessments

     An innovation school may be established by parents, teachers, parent-teacher organizations, principals, superintendents, boards of education, teacher unions, institutions of higher education, non-profit community-based organizations, non-profit business or corporate entities, non-profit charter school operators, non-profit education management organizations, educational collaboratives, consortia of these groups, and non-profit entities authorized by the commissioner.

     The bill details the information that must be included in an application to establish an innovation school, including: whether the school will be a new school or the conversion of an existing school; the external partners, if any, that will be involved in the school; the overall vision for the school; an assessment of the autonomy and flexibility that the applicant seeks; and the specific needs or challenges the school will be designed to address.  The application will be submitted to the superintendent of the school district who, within 30 days, will convene a screening committee.  The committee will be composed of the superintendent or a designee, a member of the board of education, and a representative of the local collective bargaining unit for teachers.  The screening committee will review the application and, in the case of a new innovation school, prepare an impact statement on how the innovation school will affect the children and faculty in the district.  Within 30 days of receiving an application, the committee will decide, on the basis of a two-thirds vote, to accept or reject the application, or return the application to the applicant for revision.

     Upon the acceptance of an application by the screening committee, the applicant will form an innovation plan committee, of not more than 11 persons, to develop the innovation plan.  Each innovation plan committee must include the applicant, the superintendent, a member of the board of education, a parent of a child enrolled in the school, or in the case of a new school a parent of a child enrolled in the district, a principal employed by the district, and two teachers employed by the district.

     The innovation plan for a proposed innovation school must include a curriculum plan, a budget plan, a school schedule plan, a staffing plan, a policy and procedures plan, and a professional development plan.

     The bill stipulates that the provisions of the collective bargaining agreements applicable to teachers and other school staff in the school district will be in operation in the innovation school, except to the extent that the provisions are waived or modified under the innovation plan.  In the case of a school conversion, the applicant will submit the school conversion plan to the teachers in the school for approval.  A two-thirds vote of the teachers will be required to approve the plan.  In the case of a new school, the applicant, the superintendent, and the local union representative will negotiate waivers or modifications to the applicable collective bargaining agreement.

     The approved innovation plan will be submitted to the board of education and the board will hold at least one public hearing on the plan.  After the public hearing, but not more than 60 days after the receipt of the plan, the board of education will vote on whether or not to authorize the innovation school for a period of not more than five years.

     Each innovation school will be evaluated by the superintendent at least annually.  The superintendent will transmit the evaluation to the board of education and the commissioner.  The bill outlines actions that the board of education may take if it determines that the innovation school has not met the goals of the innovation plan including plan modification, the limit or suspension of one or more components of the plan, or termination of the school's authorization.  At the end of the five-year authorization period, the innovation school may petition the board of education to extend authorization for an additional period of not more than five years.

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