Public school district under authority of State Board of Education

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  1. (a) For a public school district under the authority of the State Board of Education, the state board shall review quarterly the progress of the public school district toward improving the issues that caused the classification of the public school district as in need of Level 5 — Intensive support.

  2. (b) At any time during the second full school year following the assumption of authority or any time thereafter:

    1. (1) The state board may direct the Commissioner of Elementary and Secondary Education to update the analysis of all school district systems to determine if the public school district has demonstrated substantial improvement of the issues that caused the classification of the public school district as in need of Level 5 — Intensive support;

    2. (2) The commissioner may recommend to the state board that the state board:

      1. (A) Take additional action concerning the public school district under § 6-15-2916; or

      2. (B) Return the public school district to local control through the appointment or election of a board of directors; and

    3. (3)

      1. (A) The state board may return the public school district to local control through the appointment or election of a newly elected board of directors upon the recommendation of the commissioner.

      2. (B) The state board may limit the powers and duties of the public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to operate under the direction and approval of the commissioner.

      3. (C) The state board shall define the powers and duties of the public school district board of directors if the state board limits the powers and duties under subdivision (b)(3)(B) of this section.

      4. (D) The public school district board of directors shall act in an advisory capacity to the commissioner in regards to all other powers and duties maintained by the commissioner.

      5. (E) The state board may grant additional powers and duties to the public school district board of directors if the public school district demonstrates progress toward improving the issues that caused the classification of the public school district as in need of Level 5 — Intensive support.

  3. (c)

    1. (1) If the public school district has not demonstrated to the state board and the Division of Elementary and Secondary Education that the public school district meets the criteria to exit Level 5 — Intensive support within five (5) years of the assumption of authority, the state board shall annex, consolidate, or reconstitute the public school district under § 6-13-1401 et seq. and this subchapter.

    2. (2) The state board shall promulgate rules to establish the criteria by which a public school district may exit Level 5 — Intensive support.


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