Revision: March 11, 2009, midnight
SB 180-FN – AS INTRODUCED
2009 SESSION
04/09
SENATE BILL 180-FN
This bill establishes an accountability system to ensure schools are providing the opportunity for an adequate education.
This bill is a request of the joint legislative oversight committee on accountability for an adequate education established in 2008, 173:13.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0714
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing an accountability system to ensure the opportunity for an adequate education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Accountability for the Opportunity for an Adequate Education. Amend RSA 193-E by inserting after section 3 the following new sections:
193-E:3-a Definitions. In this section:
I. “Commissioner” means the commissioner of the department of education.
II. “Department” means the department of education.
III. “Performance-based school accountability system” means the scoring system required under RSA 193-E:3-b and implemented by the department in rules adopted pursuant to RSA 541-A, following consultation with the legislative oversight committee established in RSA 193-C:7.
IV. “State board” means the state board of education.
193-E:3-b Accountability for the Opportunity for an Adequate Education. Beginning with the 2009-2010 school year, a school shall demonstrate that it provides the opportunity for an adequate education under RSA 193-E:2-a by meeting the requirements of paragraph I of this section. Beginning with the 2011-2012 school year, a school shall demonstrate that it provides the opportunity for an adequate education by meeting the requirements of either paragraph I or II of this section:
I. A school may demonstrate, utilizing an input methodology, that it provides the opportunity for an adequate education as set forth in RSA 193-E:2-a by establishing that it met the following school standards in effect as of the effective date of this section:
(a) English/language arts and reading as set forth in Ed 306.37.
(b) Mathematics as set forth in Ed 306.43.
(c) Science as set forth in Ed 306.45.
(d) Social studies as set forth in Ed 306.46.
(e) Arts education as set forth in Ed 306.31.
(f) World languages as set forth in Ed 306.48.
(g) Health education as set forth in Ed 306.40.
(h) Physical education as set forth in Ed 306.41.
(i) Technology education, and information and communication technologies as set forth in Ed 306.42 and Ed 306.47.
(j) School year as set forth in Ed 306.18.
(k) Minimum credits required for a high school diploma as set forth in Ed 306.27(f) and (m).
II. As an alternative to the input methodology in paragraph I, and beginning with the 2011-2012 school year, a school may demonstrate that it provides the opportunity for an adequate education through the performance-based school accountability system to be developed and implemented by the department, pursuant to RSA 193-E:3-c and RSA 193-E:3-d and designed to measure educational outcomes.
III. In order to demonstrate that a school provides the opportunity for an adequate education through the input methodology under paragraph I:
(a) The commissioner shall require school officials to submit a narrative explanation detailing how the school has complied with each of the standards included in the opportunity for an adequate education contained in paragraph I. The school principal and school district superintendent shall certify in writing that the responses submitted are accurate. The commissioner shall develop a form which conforms to the provisions of this paragraph.
(b) The commissioner shall review the responses to each school’s self-assessment required under this section and shall verify that the responses comply with the standards included in the opportunity for an adequate education specified under paragraph I.
(c) Schools that successfully demonstrate that they provide the opportunity for an adequate education through this input methodology for any year beginning with the 2009-2010 school year shall be required by the commissioner to resubmit the narrative explanations at least once every 2 years.
(d) Schools that are unable to demonstrate that they provide the opportunity for an adequate education through this input methodology for the 2009-2010 school year, or for any year thereafter, shall be required by the commissioner to resubmit the narrative explanations annually until such demonstration has been made.
(e) The commissioner shall integrate, to the maximum extent practicable, the input-based methodology to demonstrate the opportunity for an adequate education with the school approval process pursuant to RSA 21-N:6, V.
(f) Beginning September 1, 2012, the department shall annually conduct site visits at 10 percent of schools statewide to assess the validity of the input-based self-reporting methodology and to determine whether those schools demonstrate the opportunity for an adequate education by meeting the school standards identified in paragraph I. To the extent feasible, the commissioner shall conduct these site visits together with other site visits conducted by the department for other purposes and programs. The commissioner may require more frequent site visits at schools which have been unable to demonstrate that they provide the opportunity for an adequate education. To the extent that the department conducts school site visits for other state and/or federal programs after the commencement of the 2009-2010 school year, but prior to September 1, 2012, the department shall, to the maximum extent practicable, endeavor to audit the input-based self-reporting completed by the visited school.
193-E:3-c Development of the Performance-Based Accountability System.
I. There is hereby established a task force to develop a performance-based school accountability system that, beginning with the 2011-2012 school year, will serve as one method a school may use to demonstrate that it is providing the opportunity for an adequate education. The commissioner of the department of education shall be the chairman of the task force and shall appoint up to 11 members of the task force which shall consist of department personnel, representatives of school districts, educational experts, and any other individual or group with information or expertise of benefit to the task force’s duties.
II. The task force shall have the following duties:
(a) Define the performance-based accountability system to be used by schools.
(b) Identify performance criteria and measurements.
(c) Establish performance goals and the relative weights assigned to those goals.
(d) Establish the basis, taking into account the totality of the performance measurements, for determining whether the opportunity for an adequate education exists, which may include the assignment of a value for performance on each measurement.
(e) Ensure the integrity, accuracy, and validity of the performance methodology as a means of establishing that a school provided the opportunity for an adequate education as defined in RSA 193-E:2-a.
III. The task force shall develop a performance-based scoring system using only the best available data and indicators which are already provided to the department and/or performance measures that schools are already required to provide the department under other state or federal law. The performance-based system shall be based on the following data and indicators:
(a) Attendance rates.
(b) Annual cumulative drop-out rates of high school pupils.
(c) School environment indicators, such as safe schools data.
(d) Number and percentage of graduating pupils going onto post-secondary education, military service, and advanced placement participation.
(e) Performance on state tests administered pursuant to RSA 193-C and other assessments administered at local option.
(f) Expulsion and suspension rates, including in-school and out of school suspensions, which shall be reported for each school year.
(g) Number and percentage of classes taught by highly qualified teachers.
(h) Teacher and administrative turnover rates at the school and district levels.
IV. No later than November 1, 2009, the task force shall present its findings and recommendations for the performance-based accountability system to the legislative oversight committee established in RSA 193-C:7. After consultation with the committee, the department shall verify the integrity, accuracy, and validity of the performance-based accountability system utilizing actual school data as provided in RSA 193-E:3-d.
V. During the department’s verification process, the task force may further evaluate and review whether there are any new or emerging performance measures, or modifications to the performance-based accountability system based upon the verification process that should be considered by the department for implementation beginning with the 2011-2012 school year. No later than January 1, 2011, the task force shall present any further recommendations regarding the performance-based school accountability system to the legislative oversight committee established in RSA 193-C:7. After consultation with the committee, the department shall adopt, pursuant to RSA 541-A, a performance-based accountability system for implementation in all schools beginning in the 2011-2012 school year.
VI. The department shall annually prepare a detailed report documenting the results of each school on the performance-based school accountability system to be developed pursuant to RSA 193-E:3-c, and identifying all schools that can demonstrate the opportunity for an adequate education through the performance-based methodology. The report shall be submitted no later than October 1 to the legislative oversight committee established in RSA 193-C:7. The initial report shall be due October 1, 2012.
193-E:3-d Performance-Based School Accountability System; Verification Process.
I. During the period school is in session from January through June, 2010, the department shall undertake a process to verify and test the integrity, accuracy, and validity of the performance-based accountability system utilizing the best available data from one school from each of the counties in the state. The commissioner shall ensure, to the greatest extent possible, that the verification process utilizes the best available data from a balance of elementary and secondary schools representing diverse socioeconomic conditions throughout the state. The commissioner shall work with school officials and faculty from the selected schools to implement the performance-based school accountability program and to develop a data collection system which will allow schools to easily report results to the department for analysis and reporting.
II. The commissioner shall submit a report to the legislative oversight committee established in RSA 193-C:7 and the task force established in RSA 193-E:3-c no later than November 1, 2010 on the results of the verification process and the department’s plans for implementation of the performance-based school accountability program in all schools beginning in the 2011-2012 school year.
193-E:3-e Corrective and Technical Assistance. The department shall implement corrective and technical assistance to schools that do not demonstrate that they provide the opportunity for an adequate education under RSA 193-E:3-b, I or II as follows:
I. In the first year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either 193-E:3-b, I or II, school officials shall submit an action plan to the commissioner. The plan shall detail the specific actions the school will take and the timeline to be followed to demonstrate that the school provides the opportunity for an adequate education. The plan shall:
(a) Identify areas where the school failed to meet the requirements under paragraph RSA 193-E:3-b, I or II.
(b) Identify and explain the strategy the school intends to implement to achieve compliance and improve performance.
(c) Detail how the school budget reflects the goals of the action plan.
II. After the second consecutive year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either 193-E:3-b, I or II, school officials shall submit an action plan to the commissioner. The plan shall:
(a) Describe procedures for providing mentoring or coaching to school personnel.
(b) Include ongoing technical assistance and a liaison from the department.
(c) Provide an accounting of how education funds are being expended to provide opportunities for an adequate education as defined in RSA 193-E:2-a.
(d) Establish and explain a strategy designed to promote family and community involvement.
III. After the third consecutive year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either 193-E:3-b, I or II, the commissioner shall:
(a) Assess how the school is expending its education funds and may order that adequacy funds be redirected to address those areas that are contributing to the failure of the school to provide the opportunity for an adequate education.
(b) Assign a coach or mentor to the school until the school demonstrates sufficient progress toward providing the opportunity for an adequate education.
(c) Require the school to provide an accounting of how education funds are being used to provide the opportunity for an adequate education under RSA 193-E:2-a.
(d) Require or provide, to the extent necessary, one or more of the following:
(1) Professional development that is aligned with school improvement goals.
(2) External support and resources based on their effectiveness and alignment with school improvement goals.
(3) Instructional models that incorporate research-based practices that have been proven to be effective in improving pupil achievement.
(4) Formal and informal opportunities to assess and monitor each pupil’s progress.
(5) Evidence of decisions supported by data.
(6) Improvements to the school’s curriculum, including curricular priorities and instructional materials.
(7) External support and resources based on their effectiveness and alignment with the school improvement plan.
(8) Extended learning opportunities for pupils.
(9) Structural reform strategies that may include changes in scheduling, organization, support mechanisms, and resources.
(10) Structural changes to school leadership to support school improvement.
(e) Meet quarterly with school officials in the affected school to assess the school’s progress.
IV. The commissioner shall provide progress reports annually to the state board and the legislative oversight committee established in RSA 193-C:7 on the status and effectiveness of the corrective and technical assistance provided by the department in achieving the demonstration of adequacy by all schools.
2 Increase in Department of Education Site Visits; Report. The commissioner shall investigate the use of volunteer professional teams consisting of educational professionals to conduct site visits for the purpose of verifying that a school is providing the opportunity for an adequate education as required under RSA 193-E. The commissioner shall further investigate the feasibility of using existing department personnel who are conducting site visits to schools under other federal or state programs to assist with site visits required under RSA 193-E. No later than January 1, 2012, and biennially thereafter, the commissioner shall report its findings on these matters to the legislative oversight committee established in RSA 193-C:7.
3 New Paragraph; Statewide Education Improvement and Assessment Program; Legislative Oversight Committee. Amend RSA 193-C:8 by inserting after paragraph IX the following new paragraph:
X. Review the development and implementation of the program relative to accountability for the opportunity for an adequate education established in RSA 193-E, consult and receive reports on such program, evaluate and review existing and emergent performance-based measurement tools, and propose legislation based on the recommendations of such reports, as necessary.
4 Effective Date. This act shall take effect upon its passage.
LBAO
09-0714
Revised 02/12/09
SB 180-FN - FISCAL NOTE
AN ACT establishing an accountability system to ensure the opportunity for an adequate education.
FISCAL IMPACT:
The Department of Education states this bill will increase state general fund expenditures by $82,471 in FY 2012 and $90,790 in FY 2013. The Department of Education states this bill will increase local expenditures by and indeterminable amount in FY 2010 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or county expenditures.
METHODOLOGY:
The Department of Education states this bill requires the Department to evaluate reports submitted by public schools and make site visits to public schools to determine if schools have demonstrated they are providing students with the opportunity for an adequate education. The Department made the following assumptions when determining the amount of additional state and local resources required to perform the responsibilities contained in this bill:
• The number of public schools affected will remain constant at 467.
• During the development of the performance-based school accountability system the Department will utilize existing staff resources as well as local educators and experts from an existing contract. Existing state and federal funds will be used to support the design and development of the accountability process. No additional state funds will be required during the FY 2010 / FY 2011 biennium.
• An additional administrator position with educational expertise and an analytical understanding of the newly developed accountability system will be needed to collect and analyze information as the process goes into full implementation during FY 2012. Currently, one bureau administer oversees the school approval process and manages the school building aid program.
• An existing Education Consultant I position will be redefined to support the accountability system.
• The accountability system will build on existing technologies and to the extent possible collect the required narratives using pull-down menus from which school administrators can make selections that will reduce the overall burden on local schools and facilitate the overall review process. School districts will be asked to annually respond to the Department beginning in FY 2010, which will be an added responsibility. The Department does not expect this responsibility to have a local fiscal impact in most cases, since the school principal will be reporting the required information. After the first year, the Department expects most school districts will update prior-year information and the burden will be minimal.
• The Department’s data collection process will be scheduled in such a way as to collect information that will target or flag the need for additional audits. Additional reporting and site visits will be required for schools failing to meet the defined standards.
• The Department will make every effort to align the accountability process with other federal and state reporting requirements to reduce overall reporting requirements.
• School districts will be able to demonstrate steps they are taking to provide the opportunity for an adequate education that go beyond the NECAP assessments.
• The Department will begin site visits in FY 2013, visiting 47 schools annually. Annual mileage costs are estimated at $3,878 (47 visits x 150 miles per visit x $0.55 per mile)
The Department has calculated state general fund personnel and travel costs associated with this bill as follows:
FY 2010 FY 2011 FY 2012 FY 2013
Administrator (LG 30)
Salary - - 55,497 57,935
Benefits - - 26,974 28,977
Travel - - - 3,878
TOTAL $82,471 $90,790
This bill does not contain an appropriation or establish a new position.