District/School Administration Administration
The Massachusetts Board of Elementary and Secondary Education

District and School Reviews - New Legislation and Next Steps

On August 14, 2008, Governor Patrick signed legislation assigning responsibility for district and school accountability to the Department of Elementary and Secondary Education, under standards to be established by the Board. (See An Act Relative to School District Accountability, attached). The structure outlined in the new law replaces the former Office of Educational Quality and Accountability and its board, the Educational Management Audit Council. This memo outlines the responsibilities that now belong to the Department and Board of Elementary and Secondary Education, as well as initial steps underway to assume these responsibilities in a manner that will accelerate and strengthen district and school improvement efforts.

THE LEGISLATION: HIGHLIGHTS OF ROLES & RESPONSIBILITIES

Department of Elementary and Secondary Education

The Department is to establish an office of school and district accountability. The Commissioner is to appoint a single individual to oversee the office as well as the Department's targeted assistance and intervention efforts to ensure that the auditing and assistance functions are aligned to promote collaboration and communication. By consolidating the auditing/ accountability functions and targeted assistance/intervention within the Department of Elementary and Secondary Education, the new law provides us with the opportunity to work with schools and districts more effectively and efficiently. I have assigned responsibility for leading the Department's work in this area to Deputy Commissioner Karla Brooks Baehr

Office of school and district accountability

• Review and report on the efforts of schools, charter schools, and school districts as they work to improve the academic achievement of their students.
• Ensure that school and district review teams include experienced practitioners.
• Perform at least 40 school district audits annually.
• At least 75% in districts whose students achieve at low levels either absolutely or relative to districts that educate similar student populations.
• The remainder divided equally between districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts.
• Ensure that no school or district is audited during statewide assessments or within 9 months of another comprehensive review from the Department or accrediting agency.
• Perform school district audits per specifications in the legislation.
• Complete at least 15 school district audits in 2009.

The new law is fairly detailed in describing the responsibilities of the office of school and district accountability. It is less detailed on the question of targeted assistance and intervention for underperforming schools and districts, focusing on the mandate to "ensure that the auditing and assistance functions of the Department are aligned." A major part of our work this year will be not only to assume responsibility for all district and school reviews but also to strengthen our capacity to intervene and provide support to schools and districts.

Other responsibilities of the Department

• Compile a report of best practices each year and distribute it to all school districts.
• Annually collect current personnel contracts and collective bargaining agreements from each school district and charter school, in a form and manner prescribed by the Commissioner.
• Transmit audit findings to the district superintendent, school committee, Secretary of Education, Board of Elementary and Secondary Education, Attorney General, Legislature, and a local public library in the audited district.

Advisory council on school and district accountability and assistance

The legislation requires creation of a 15-member advisory council that will:

• Review and advise the Department and Board on the policies and practices of the office of school and district accountability
• Develop and administer through the Department a post-audit survey of audited school districts and an annual survey to any schools and districts receiving technical assistance.
• Present its findings and recommendations to the Board at least two times annually.
• Review and comment on all regulations relative to the accountability and assistance program areas before Board approval.

The Board appoints members of the advisory council upon recommendation of the Commissioner. The Commissioner must recommend:

• 6 members selected from among three nominees offered by identified stakeholder groups:
• Massachusetts Association of School Superintendents
• Massachusetts Teachers Association and the American Federation of Teachers of Massachusetts
• Massachusetts Secondary School Administrators Association
• Massachusetts Elementary Principals Association
• Massachusetts Association of School Committees, and
• Massachusetts Charter Public School Association
• 1 representative of business/industry "with a demonstrated commitment to education"
• 8 at large members with "demonstrated record of achievement or academic expertise" in areas related to accountability and assistance

The council is expected to meet at least four times annually, and must be convened by November 1, 2008.

Board of Elementary and Secondary Education

The new legislation gives the Board four major responsibilities:

• Appoint members of the advisory council on school and district accountability, and receive the advisory council's findings and recommendations at least two times annually.
• Establish the process and standards for school and district audits conducted by the office of school and district accountability. In establishing these standards, the Board is expected to promote efficiency and coordination and also consider the findings and recommendations of the advisory council.
• Review and approve the protocols for the audit of schools, charter schools, and school districts, including regional school districts.
• Review school district audit reports and act on the Commissioner's recommendations for action.

The new legislation does not change the Board's existing authority under the state laws on underperforming schools and districts or any of the other general powers and duties of the Board.

Several members of our Board are familiar with - or actually served on - the Educational Management Audit Council (EMAC). The new legislation replaces the statute that had established the EMAC and its Office of Educational Quality and Accountability. The EMAC had five specific duties: (1) establish annual goals for the Office of Educational Quality and Accountability, (2) review and approve protocols for the audit of schools, charter schools, and school districts, including regional school districts, (3) review the findings of audits and inspections, (4) appoint a director for the Office of Educational Quality and Accountability and review his performance, and (5) make recommendations to facilitate school improvement to state and local officials. The new legislation refashions these duties and splits them up among the Board and the Commissioner, as well as creating the new advisory council.

NEXT STEPS

$2.9 million has been appropriated for the Department to assume these new responsibilities, an amount equal to the FY08 budget for the Office of Educational Quality and Accountability. Key next steps include:

• Seek nominations for members of the advisory council. I expect to present nominations to the Board for action at its October meeting.
• Convene the first meeting of the advisory council by November 1, 2008. (Since November 1st is a Saturday, the council's first meeting is scheduled for Monday, November 3rd.)
• Hire a senior manager and staff for the office and make a decision about where the office will be located in the Department's current and future buildings.
• Decide on the work plan for the first year.
• Determine which districts will be reviewed this year, early enough to provide ample notification to district staff.
• Develop and bring for Board review and action proposed standards for school district audits and reviews in time to begin audits in early 2009.

Bringing responsibility for all district and school accountability work within the Department affords us a new opportunity to accelerate and sustain school improvement. We will be able to engage with districts more effectively as critical partners in creating the conditions necessary for effective and lasting school turnaround. Each district's capacity and effectiveness in addressing the needs of its schools - particularly those where student performance is low and/or stagnant - will be at the center of the coordinated accountability and targeted assistance system we will build. With that focus, we can expect more sustainable school improvement.

Deputy Commissioner Karla Brooks Baehr and I will be pleased to respond to your questions at the September 10th meeting. At the Board's October meeting, we will present a progress report on this work and also ask the Board to appoint members of the advisory council. We welcome your suggestions for advisory council nominees.

Enclosure: An Act Relative to School District Accountability

Attachment to Board Memo

Chapter 311 of the Acts of 2008

AN ACT RELATIVE TO SCHOOL DISTRICT ACCOUNTABILITY

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to promote forthwith high academic achievement throughout the commonwealth's public schools, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 1G of chapter 15 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 2, the word "life" and inserting in place thereof the following words:- school and district accountability and assistance; life.

SECTION 2. Said section 1G of said chapter 15, as so appearing, is hereby further amended by inserting after the second paragraph the following 2 paragraphs:

The members of the advisory council on school and district accountability and assistance shall consist of 15 members: 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Association of School Superintendents, 1 of whom shall be selected from a list of 3 nominees offered jointly by the Massachusetts Teachers Association and the American Federation of Teachers of Massachusetts, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Secondary School Administrators' Association, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Elementary School Principals' Association, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Association of School Committees, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Charter Public School Association, 1 of whom shall be a representative of a business or an industry with a demonstrated commitment to education and 8 of whom shall be individuals with a demonstrated record of achievement or academic expertise in: education administration; education or business finance and management; the use of student achievement data to improve instruction and administration; the conduct or use of school and district audits and evaluations; educator evaluation and professional development; or other areas of expertise in education reforms established by chapter 71 of the acts of 1993. The advisory council members shall be recommended by the commissioner and appointed by the board.

The council shall meet no less than 4 times annually to review and advise the department and board on the policies and practices of the office of school and district accountability established by section 55A of chapter 15 and the targeted assistance and intervention efforts of the department, established by chapter 69 and the accountability provisions of federal law. The council shall develop and administer, through the department, a post-audit survey to audited school districts and an annual survey to any schools and districts receiving technical assistance under said chapter 69. The council shall present its findings and recommendations to the board no less than 2 times annually. The council shall have the opportunity to review and comment on all regulations relative to the accountability and assistance program areas before board approval.

SECTION 3. Said chapter 15 is hereby further amended by striking out section 55A, as so appearing, and inserting in place thereof the following section:

Section 55A. In order to support the commissioner, department and board in fulfilling their duties under the provisions of chapter 69, including sections 1J and 1K, there shall be within the department an office of school and district accountability, hereinafter referred to as the office. The office shall provide a mechanism to review and report on the efforts of schools, charter schools and school districts, including regional school districts, to improve the academic achievement of their students and shall inform and assist the board and department in fulfilling their broader responsibilities to promote high levels of achievement in the schools and districts of the commonwealth.

The office shall be under the direction and supervision of 1 individual who shall be appointed by the commissioner. This individual shall also be responsible for the direction and supervision of the targeted assistance and intervention efforts of the department under chapter 69, such assistance efforts as the commissioner deems necessary to correct deficiencies identified by the office and compliance with the accountability provisions of federal law. This individual shall ensure that the auditing and assistance functions of the department are aligned to promote collaboration and communication across the auditing and assistance functions. The office shall ensure that school and district review teams include experienced practitioners in the field of education, but no member shall have been previously or currently employed by the school, district or charter school being reviewed or so employed by a district, charter school or education collaborative serving a common student population with the school, district or charter school being reviewed.

The office shall act as an auditing body objectively reviewing the results of educational measurements and tests conducted by or for the department in implementing chapter 71 of the acts of 1993. The office shall perform not less than 40 school district audits annually, not less than 75 per cent of which shall be in districts whose students achieve at low levels either in absolute terms or relative to districts that educate similar student populations. The remainder of the audits shall be divided equally among districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts. The office shall ensure that no school or district is audited during the administration of any statewide assessments, and shall coordinate with other entities in the department to ensure that a school or district is not subject to multiple comprehensive audits or reviews by the department or any accrediting body within a 9 month period unless the board specifically votes to do so on an emergency basis.

The office shall have the following duties relative to school district audits: (1) objectively review the accuracy of the school and district reports by conducting or contracting for periodic program and fiscal audits as necessary; (2) undertake inspections of schools, charter schools and school districts, including regional school districts, to evaluate efforts to improve and support the quality of instruction and administration; (3) review the district's MCAS success plan, so-called, if any, submitted to the department pursuant to section 1I and evaluate the implementation of that plan; (4) review the district's implementation of any MCAS grants received to develop or enhance academic support services for students scoring in level 1 or 2; (5) evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments; (6) review the progress of overall student achievement and; (7) evaluate student performance, school and district management, overall district governance and any other areas deemed necessary by the office. Such audits shall be in accordance with standards established by the board of elementary and secondary education, pursuant to section 1B of chapter 69. Following the school district audit, the office shall produce a comprehensive report detailing its findings and observations which the commissioner shall present to the board along with any recommendations for necessary action to be taken by the board. After the board's receipt of the report, the commissioner shall issue recommendations to districts not requiring further action pursuant to sections 1J and 1K of said chapter 69 relative to methods for improving any deficiencies identified by the office. The recommendations shall be transmitted to the reviewed district's superintendent and school committee within 90 days of the board's receipt of the report. The office shall support the commissioner and the board in carrying out their duties under sections 1J and 1K of chapter 69. Nothing in this section shall be construed as limiting the ability of the department to contract with individuals, external partners or other entities to support the assistance functions established by said sections 1J and 1K of said chapter 69.

The office shall annually compile a report of best practices from the list of audits conducted that year and distribute the compiled list to all school districts in the commonwealth.

For the purposes of any inspection or audit, the office shall have access to all necessary papers, vouchers, books and records pertaining to a school, including a charter school, a school district or a regional school district. In establishing protocols for the conduct of school or district audits, the office shall, to the extent practicable, minimize the administrative burden on schools and districts by using existing, recently compiled or readily available data sources. Schools, school districts and school personnel shall cooperate with the office for any inspection or audit conducted pursuant to this section including, but not limited to, participating in interviews and producing books and documents. Each school district, including regional school districts, and charter schools shall annually file with the office, on or before October 1, a copy of its current personnel contracts and collective bargaining agreements in a form and manner prescribed by the commissioner. The office shall ensure that any noncompliance with law, misfeasance or malfeasance shall be referred to the commissioner for appropriate action.

The department shall transmit the office's findings, audit reports, recommendations and follow-up reports to the secretary of education, the board of elementary and secondary education, the attorney general and a local public library in the audited districts. The department shall report to the general court the results of its findings, audit reports, recommendations and follow-up reports and file such reports with the clerks of the house of representatives and the senate, who shall forward the same to the senate president, the speaker of the house of representatives, the joint committee on education and the house and senate committees on ways and means.

SECTION 4. Section 1B of chapter 69 of the General Laws, as most recently amended by section 95 of chapter 27 of the acts of 2008, is hereby further amended by inserting after the fourth paragraph the following paragraph:

The board shall establish the process and standards for school and district audits and reviews conducted by the office of school and district accountability established by section 55A of chapter 15. In establishing such process and standards, the board shall promote efficiency and coordination with other audit, evaluation and reporting requirements established by the board and department and shall also consider the findings and recommendations of the advisory council on school and district accountability and assistance, pursuant to section 1G of chapter 15. The board shall review and approve the protocols for the audit of schools, charter schools and school districts, including regional school districts, pursuant to this chapter.

SECTION 5. Section 1J of said chapter 69, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 13, the word "shall" and inserting in place thereof the following words:- , pursuant to section 55A of chapter 15, shall.

SECTION 6. Section 1K of said chapter 69, as so appearing, is hereby amended by striking out, in line 4, the word "to", and inserting in place thereof the following words:- , pursuant to section 55A of chapter 15, to.

SECTION 7. Section 7A of chapter 71A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "office of educational quality and accountability" and inserting in place thereof the following word:- department.

SECTION 8. Notwithstanding section 3 of this act, for fiscal year 2009, the office of school and district accountability shall perform not less than 15 school district audits.

SECTION 9. On or before November 1, 2008, the department of elementary and secondary education shall convene the advisory council on school and district accountability and assistance, established by section 1G of chapter 15 of the General Laws.

Approved August 14, 2008