NO.recovery.transferofSchoolsRecommendationtoBESE FINAL 09-14-10-1

8/6/2019 NO.recovery.transferofSchoolsRecommendationtoBESE FINAL 09-14-10-1

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LOUISIANA DEPARTMENT OF EDUCATION

RECOVERY SCHOOL DISTRICT

Conditioning for SuccessA Process to Transfer Schools Placed in the

Recovery School District

Paul G. Pastorek, State Superintendent of Education

Paul Vallas, RSD Superintendent

9/14/2010

Initial report and recommendations made pursuant to requirements of R.S. 17:10.5 and 17:10.7.


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RSD Recommendation to BESE

September 2010

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In 2003, the Louisiana Legislature created the Recovery School District (RSD) to rehabilitate failed

schools. While not always the most popular mechanism, it has become clear across the state and country that in

order to ensure every child has the chance to attend a great school, political leaders must identify persistently

lowperforming schools, remove them temporarily from local control, and implement proven reform practicesand turnaround strategies that yield dramatic results in the school. Following Hurricane Katrina, the RSDs size

swelled dramatically to take on the majority of schools in Orleans Parish, a system crumbling academically,

financially, and in facility quality.

Through a difficult learning curve, the RSD, led by one of the nations premier turnaround experts,

succeeded in dramatically improving academic performance in schools where it was never considered possible.

Over the last three years, the RSD has led the state in growth in academic performance, increasing testing

results in nearly every grade and subject.

Experts from around the country have studied and attempted to replicate Louisianas model for school

turnaround. Recently, the RSD was one of a handful of school innovation mechanisms to be part of a winning,

$30 million federal Investment in Innovation (i3) grant as it teamed with New Schools for New Orleans (NSNO)

to continue to build the capacity to incubate school leaders and models to turn around the lowestperforming

schools transferred to it.

Legislative Requirements for BESE and the RSD

Louisiana R.S. 17:10.5 and R.S. 17:10.7 authorized the RSD to operate schools transferred to its

jurisdiction for a period of not less than five years, not including the year in which the transfer occurred. All

schools in New Orleans, with the exception of those retained by the Orleans Parish School Board (OPSB), were

transferred in the 20052006 school year to the RSD.

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! Continued in the RSD pursuant to its current operational status;

Pursuant to the statute, the RSD is to make a report tothe state board covering such elements as the status and performance of schools transferred to its authority and

recommend whether those schools should be:

! Continued in the RSD with a change in its operational status;! Closed; or! Returned to the administration and management of the transferring system with stipulations and

conditions for the return.

Not later than six months prior to the expiration of the initial or subsequent transfer period (in the case

of New Orleans schools, December 2010), the State Board of Elementary and Secondary Education (BESE) is

required to take action on the recommendations of the RSD. Further, for schools transferred under authority of

10.7 which are most schools in New Orleans the law requires BESE to conduct a public hearing in New

Orleans.

1Note: Capdau UNO Charter School was transferred to the RSD under 10.5 authority in 200405; however, it was not

operational in 200506 following Katrina. Therefore, it is being considered on the same timeline as all other schools

transferred in New Orleans. This year, BESE considered Capdau on this timeframe with its fifth year charter renewal.


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Considerations for RSDs Recommendation

We are at a critical juncture in the history of school reform in Louisiana. While the RSD has been

successful in a few short years, the law requires BESE to consider the continued state intervention efforts at the

five year posttransfer mark. This moment is unique both because it is the first time BESE is required to make

such a determination and, of the schools completing their five year period since transfer to the RSD, all are

located in New Orleans.

In developing its recommendation as required under R.S.17:10.5 and 10.7, the RSD considered the

broader context of events in New Orleans. First, the RSD considered school performance on an individual school

and macro level. The vast majority of RSD schools are making steady progress in student academic performance

on average, School Performance Scores have increased by eight points at each school over the past three

years. Roughly a dozen have cleared the accountability bar set by BESE last fall at SPS 75, meaning roughly half

of the students in those schools are performing at or above grade level. 2

Second, the RSD considered the conditions for support and oversight provided to schools. In the RSD,

schools are afforded sitebased autonomy, which includes control over hiring and firing, length of school day

and year, and choice of interventions. With this flexibility comes increased accountability. Schools that do not

experience acceptable levels of academic growth are reorganized. This includes chartering schools with

successful operators, closing schools or reconstituting directrun schools with different leaders and teachers.

We believe the endorsement and resources of the i3 grant will continue to allow RSDs strategies to beimplemented effectively in all of the schools transferred to its authority.

While this is tremendous growth,

several other schools have still not met the mark mainly due to the fact that many of these schools started so far

behind. Given the RSDs growth has outpaced the state average for the past three years, we firmly believe the

RSD has and is continuing to be successful in raising the academic performance of and stabilizing previously

struggling schools.

Finally, we recognize that there is broad conversation in the New Orleans community about the best

models for governing and supporting schools. While the dialogue from the mayors office to local organizations

has been rich, it is clear the community has not yet determined the best strategy for moving forward. This

includes whether the community believes there should be multiple authorizers for charter schools. We believe

much progress has been made in these discussions and that within the coming six to twelve months, the

community may coalesce around longterm governance solutions. We also believe our recommendation should

allow for the possibility that the community decides to create a different governance structure.

Guiding Principles

Based on these considerations, we believe BESE should adopt a clear and unambiguous process that

governs the transfer for all schools in the RSD in the state after an initial five year placement period pursuant to

law. Such an approach has the advantage of being comprehensive rather than piecemeal or subjective when

2At SPS 60, approximately 66% of students are performing belowgrade level. At SPS 65, roughly 63% are below grade

level; at SPS 75, roughly 54% are below grade level.


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determining the disposition of individual schools. Further, a transfer policy would identify a path for continued

academic success and selfdetermination for all schools and communities, not just those in New Orleans. This

process should:

1. Account for the academic performance and growth trajectory of individual schools and identify whetherschools have at a minimum exceeded the academically unacceptable bar established by BESE under auniform statewide program of school accountability and demonstrated sustainable growth.

2. Guarantee a set of minimum conditions a district must provide to returning schools (whether charter ordirectrun) to ensure those schools will be supported in the best way to continue a strong trajectory of

academic growth and performance.

3. Ensure the school community (i.e., parents of students in the building, staff members, and/or thegoverning board) is empowered to decide whether it wants to be transferred and under what additional

stipulations transfer will occur.

Recommendations

Consistent with the law, this summary includes a report (Attachment A) containing the following

elements:

! The status of each school;! The nature of the schools faculty and administration;! The demographics and size of the schools student body;! The organizational and management structure of the school;! An overview of the academic performance of the school since its transfer into the RSD; and! A recommendation on how to proceed.

In considering the RSDs recommendation on the disposition of schools, the law allows BESE to take

action that provides the best educational opportunity to all students who attend the school or who are eligible

to attend the school. If, by an affirmative agreement, BESE takes action to retain a 10.5 school in the RSD, such

school shall be retained in the RSD for an additional five years, unlessa lesser time is adopted by the board. If,

BESE takes action to retain a 10.7 school in the RSD, such school maybe continued in the RSD for additional five

year periods. In other words, BESE may continue a school, either a 10.5 or 10.7 school, in the RSD for an

additional period of up to five years (i.e., a period of five years or less). 3

Thus, given the authority and flexibility BESE has in determining school transfer, regardless of its type,

the RSD recommends the following:

3R.S.17:10.5.C(3), any action that results in an affirmative agreement to retain the school in the Recovery School District

shall retain the school in the Recovery School District for an additional fiveyear period, unless a lesser time is adopted by

the state board. R.S.17:10.7.C(3), the state board by a majority vote of its membership maycontinue any school in the

recovery school district for additional periods of five years.


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1. Sixteen properties (named inAttachment B) transferred to the RSDs jurisdiction under 10.7 authority,but which have not been operational, shall be transferred to the control of the Orleans Parish School

Board (OPSB) under mutually agreed conditions.

2. With the exception of the sixteen school properties referenced above, all other schools shall remainunder the jurisdiction of the RSD for the 201011 and 201112 school years. Beginning in September

2011, notwithstanding any regulation to the contrary, the following process will govern transfer

considerations for all schools eligible and willing to transfer after their initial five year operational

period in the RSD. BESE will adopt a policy consistent with the process outlined below.

3. For a school not above the accountability bar after a five year period in the RSD, the RSD mustrestructure or close the school unless it has implemented an intervention model within the last two

years that yields adequate academic growth (i.e., a growth score the greater of either five SPS growth

points or the state average growth score). These schools shall be retained in the RSD for an additional

five year period or until eligible for transfer.

4. Call on the City of New Orleans to affirm that it wishes to continue with the governance structurerepresented by the Orleans Parish School Board, substitute it with a different governing body or

provide an additional authorizing entity, or otherwise establish a governing structure that is suitable

to manage the kinds of schools that have been developed in the Recovery School District.

5. Prior to the school transfer process taking effect in Orleans Parish and in addition to the previousrecommendation, the governing entity in Orleans Parish must meet certain preconditions stated in

theAppendix.

Transfer of Schools Process

Beginning in September 2011, any school after an initial five year transfer period to the jurisdiction of

the Recovery School District (RSD) that has been operational for that time and meets the following criteria shall

be eligible to transfer to a new governance entity or return to its previous system if that school so chooses. A

school shall be eligible if it has:

i. A School Performance Score (SPS) above the academically unacceptable bar as determinedunder a uniform statewide program of school accountability established pursuant to rules

adopted by the State Board of Elementary and Secondary Education (BESE); 4

and has

ii. Experienced academic growth in its SPS the greater of five points or the state average SPSgrowth for the previous two consecutive years.

4School must have a 2011 SPS of 75 or higher to meet BESEs previously expression of raising the accountability bar to 75

for the 20112012 school year SPS score.


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finance and operations), monitor their performance and compliance, reward positive performance, and

hold schools strictly accountable for nonperformance. Where necessary, develop a rigorous process to

make intervention, renewal (in the case of charters), or closure decisions with solid evidence.

3. Tailor Voluntary Support to Returning Schools. Tailor voluntary support to schools in areas ofweakness, while not mandating acceptance (e.g., create direct, personal relationships between

individual central office administrators and school principals specifically focused on helping every

principal become a stronger instructional leader). This support can come directly or through the use of

third party intermediaries (eg. New Schools for New Orleans).

4. Ensure Funding Follows Each Child. Implement mechanisms where dollars (including local, state,federal, and other revenue streams) are tied to students, ensuring that funds are allocated by the leader

of the school for specific student needs and only a limited and narrowly defined set of funds are

retained by the governing entity.

5. Assure Balance. Promote coordination and economies of scale where appropriate without impeding onthe schools autonomy. Assure that schools are treated equitably in terms of enrollment, facilities,

funds, and other services.

Conclusion Ensuring Continued Success of Schools

The RSD has an obligation to improve schools so that they can either be returned to local control or

placed in a governance framework that provides for continuous academic gains. In doing so, we must ensure

the right conditions are met both on the school and district side so that these schools continue to excel in

academic performance. We are empathetic to the wishes of parents, students, school staff and the local

community, both in New Orleans and across Louisiana. By adopting a policy governing the return of schools,BESE will ensure that the RSD picture of school turnaround becomes complete in a transparent, fair, and

supportive way that ultimately leads to student and school success.


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September 2010

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APPENDIX PreConditions for the Transfer of Schools in Orleans Parish

For New Orleans particularly, given it being the impetus for the creation of the 10.7 legislation and the necessity

for alignment of policy among schools in the city, there are several preconditions that must be met before this

transfer process takes effect. For this policy to take effect, OPSB or the governing entity for the Parish must

complete the following:

1. Align Enrollment Policies with the RSD to Provide More Clarity and Consistency for Parentsa. Common Application Process All returning schools must remain openenrollment schools and

must participate in the common application process beginning with the application process for

the 201112 school year (this process begins in January 2011); for selective school admissions

processes, the policies, standards and timelines for admission must be publicized

b. Balanced Support for Students with Special Needs by the October 2011 student count, OPSBis enrolling, across all of its schools, a percentage of students with special needs that is reflective

of the citywide average (at least 75 percent of the average of all schools within Orleans parish)

c. Attendance Zones and Choice all openenrollment K8 schools in Orleans Parish, includingthose returned, will participate in a K8 attendance zone framework that allocates a percentage

of open seats to those in the attendance zone

d. MidYear Enrollees all schools transferred and existing schools in OPSB that are not selectiveadmission are required to accept student enrollees throughout the year

2.

Agree, at a Minimum, to Adopt BESE Standards for Charter Renewal by September 2011; Extensionand Renewal Decisions will be Resolved Through a Mutually Agreed Process

3. Reach an Agreement with RSD on Responsibility for Funding Alternative Education Services bySeptember 2011

4. Establish an Agreement with RSD that Maintains Current Master Plan Process; Changes to the Process(i.e., Construction, Renovations) Including those Affected by Returning Schools Requires Mutual

Agreement

5. Resolve Other Issues that May Emerge Which Require Agreement Between RSD and OPSB BeforeTransfer Process May Occur

Documents

NO.recovery.transferofSchoolsRecommendationtoBESE FINAL 09-14-10-1