Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • Fax: 303.296.8332 • www.ecs.org
High School-Level Accountability: Sanctions
3. Sanctions

This database seeks to address the following questions:

3A
. Does the state have the authority to place a school on probation? Currently, 19 states have this authority.

Why does it matter?
  • Parents, students and the general public need to know the school has a history of failure to meet state standards and that the state will be paying close attention to the progress of the school.


  • 3B. Does the state have the authority to remove a low-performing school's accreditation? Twenty-two states have the authority to remove accreditation.

    Why does it matter?
  • Removing the school's accreditation signifies the state agency's lack of confidence that the school will be able to make necessary changes to provide students with an adequate education.
  • Dramatic change requires bold and comprehensive action from the state.


  • 3C. Does the state have the authority to reconstitute staff? At present, 43 states can use reconstitution in an effort to not only raise student achievement but also to improve the climate of the school.

    Why does it matter?
  • If the goal is to improve instruction and achievement, the ability to replace building leadership and impact the selection and retention of teachers is a strong lever for change.


  • 3D. Does the state have the authority to reopen the school as a public charter school? Twenty-two states allow low-performing schools to be closed and reopened as public charter schools.

    Why does it matter?
  • Parents of children in low-performing schools need options for educating their children.
  • Charter schools remain public schools, but can provide more freedom from policies that might otherwise constrain performance.
  • Schools which are both good and accessible are often not an option.
  • Reopening as a charter allows a complete overhaul of the school.
  • Closing a school and reopening it as a charter can allow for increased school autonomy in exchange for greater accountability.


  • 3E. Does the state have the authority to take over the school? Twenty-nine states are able to take over a low-performing school.

    Why does it matter?
  • State education leaders need the capacity to replace or amend governance where applicable.
  • Establishing state policies which permit the takeover of low-performing schools allows for a competent executive staff to guide an uninterrupted and effective implementation of school improvement efforts.
  • Establishing state policies allowing the takeover of a low-performing school can enable more radical (and necessary) changes in low-performing schools.
  • External takeover of a school can provide an opportunity for state and local decision-makers to combine resources and research-based knowledge to improve students' learning.


  • 3F. Does the state have the authority to contract with an outside entity to operate the school? Currently, 32 states and the District of Columbia have this authority.

    Why does it matter?
  • State coffers may restrict state capacity to provide the necessary services, identify underlying problems and provide effective assistance for turning performance around.
  • Contracting out the operation of an existing school is a significant decision that affects many in the district and the school's community, and selecting a quality operator is of great importance.


  • 3G. Can the state require some other major restructuring? Corrective actions increase in severity with the length of time the school has been low-performing. The actions start with developing a new improvement plan and move upward to school takeover or closure. Twenty-eight states authorize some other form of major restructuring.

    Why does it matter?
  • Leaving an open definition of "other" could allow for creative solutions otherwise missed but risks enabling the selection of weak or the weakest restructuring measures.


  • Methodology: Policies were collected from state statutes, recently enacted legislation (session laws), and rules and regulations. Where necessary, statewide initiatives created outside of policy were collected from state education agencies. The information will be updated as changes occur.

    Last updated: August 2008
    Research was conducted by Melodye Bush. Please contact Melodye Bush at 303-299-3631 or mbush@ecs.org with comments or questions about this database.

    Alabama
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the state board can restructure the school board of the low-performing school.
    Sources Sanctions: ALA. CODE § 16-6B-3, 16-11-31; ALA. ADMIN. CODE r. 290-4-1-.01

    Alaska
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: ALASKA ADMIN. CODE tit.4, §§ 06.865, 06.870, 06.895; ALASKA STATUTES tit. 14 AS 14.03.250

    Arizona
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: ARIZ. REV. STAT. §§ 15-181, 15-182, 15-183, 15-241

    Arkansas
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, should a low-performing school fail to make adequate yearly progress in the fifth year, the state board is to advance that school into restructuring. In restructuring, the state department may annex the school to another school that is not in school improvement, and/or take other such action as deemed necessary by the department and the board.
    Sources Sanctions: ARK. CODE ANN. §§ 6-5-430, 6-15-426, 6-15-428, 6-15-429, 6-15-2201, 6-23-105; ARK. REGS. 188, 234-1 9.10

    California
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: ANN. CALIF. CODE §§ 52053, 52054, 52055.5, 52055.52 (f), 52055.55

    Colorado
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: COLO. REV. STATS. §§ 22-7-609, 22-7-609.3; COLO. CODE REGS. § 301-52

    Connecticut
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes, certain staff members can be replaced during the third year of needing school improvement and all or most staff members during the fifth year of school improvement.
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the school can be required to restructure the school in terms of the grades included or the programs offered. 
    Sources Sanctions: CONN. GEN. STAT. § 10-223e

    Delaware
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No

    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if the school fails to make adequate yearly progress for six years, the district must implement a restructuring plan at the beginning of the school year following the creation of the plan.
    Sources Sanctions: DEL. ADMIN CODE tit. 14 § 103.2.6

    District of Columbia
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? The D.C. council has the authority.
    Can the state require some other major restructuring? No
    Sources Sanctions: Master Education Plan - Accountability, State Accountability Plan, Revised August 2006

    Florida
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the state board may recommend one or more of the following actions to enable students to be academically well served by the public school system:
    • Provide additional resources, change certain practices and provide additional assistance if the state board determines the causes of inadequate progress to be related to policy or practice.
    • Implement a plan that satisfactorily resolves the education equity problems in the school.
    • Contract for the educational services of the school, or reorganize the school at the end of the school year under a new school principal who is authorized to hire new staff and implement a plan that addresses the causes of inadequate progress.
    • Other action appropriate to improve the school's performance.
    Sources Sanctions: FLA. STAT. ANN. §§ 1008.33, 1008.345

    Georgia
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if low-performing for three consecutive years or more the state board may mandate a monitor, master, or management team in the school (paid for by the district); continue the intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable (submitted to the state board for approval and implementation); or the state board can mandate a complete restructuring of the school's governance arrangement and internal organization of the school.
    Sources Sanctions: GA. CODE ANN. § 20-14-41

    Hawaii
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, after four years of not adequately meeting progress, the school must take corrective action in a manner that involves one or more of the following:
    • Implementing a new curriculum
    • Appointing an outside expert as advisor
    • Extending the school day or year
    • Restructuring the school.

    After five years of not adequately meeting progress the only option is to restructure. 

    Sources Sanctions: HAW. REV. STAT. ANN. § 302A-1004, Learning First Alliance for Hawaii

    Idaho
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: IDAPA 08.02.03.113; State Board of Education Adequate Yearly Progress Accountability Procedures, Revised 6/06

    Illinois
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes, after three years of a school being on "academic watch", the State Board may change the recognition status of the school to "nonrecognized".
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, a revised School Improvement Plan for a school that remains on academic watch status after a fifth annual calculation must be approved by the school board and the state superintendent.  In addition, the school district must develop a school restructuring plan for the school that must be approved by the school board and the state superintendent.  If they remain on academic watch for a sixth year they must implement their approved school restructuring plan.
    Sources Sanctions: ILL. COMP. STAT. § 5/2.325 d and f

    Indiana
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation?

    No

    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if the school remains in the lowest category of school improvement in the fifth year after initial placement, the local school board is allowed to:
    • Merge the school with a nearby school that is in a higher category
    • Assign a special management team to operate all or part of the school
    • Implement state department recommendations
    • Implement other options, including closing the school or revising the school plan.
    Sources Sanctions: IND. CODE ANN. §§ 20-10.2, 20-31-4-12, 20-31-9-2, 20-31-9-4; IND. ADMIN. CODE 511, r-6.1.1-13.

    Iowa
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes, but the accreditation committee can recommend that a school remain accredited under certain specified conditions.
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, if the deficiencies of the low-performing school are not corrected the state board is to merge the territory of the school district with one or more contiguous school districts at the end of the school year. 
    Sources Sanctions: IOWA CODE ANN. §§ 256.11(10-12), 281-12-8(4)(c)

    Kansas
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes, conditional accreditation status is given to the school.
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No 
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No 
    Can the state require some other major restructuring? Yes, the state board may:
    • Direct that the local board of education hire one or more designated persons to assist the school in making the changes necessary to improve student performance
    • Recommend to the legislature that it approve a reduction in state funding to the local district by an amount which shall be added to the local property tax imposed by the local board of education
    • Recommend other action as deemed appropriate.
    Sources Sanctions:  KAN. ADMIN. REGS 91-31-28, 91-31-40

    Kentucky
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No, but the audit team can make recommendations to the state board regarding the appropriateness of staff members.
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, both principals and teachers at low-performing schools are required to have a professional growth plan.  If they fail to respond to the professional growth plan, the state commissioner of education may recommend to the local superintendent that they be dismissed or transferred. 
    Sources Sanctions:  KY. REV. STAT. ANN. §§ 158.780, 158.785; KY. ADMIN. REGS. 703 5:120

    Louisiana
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? If a school fails to meet the objectives and has been labeled as academically unacceptable for three years.
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, a statewide Recovery School District was created to operate any school which has been low-performing for four consecutive years. The low-performing school is removed from the jurisdiction of the city, parish or local school board and transferred to the jurisdiction of the Recovery School District, where it is reorganized as needed and operated by the Recovery School District. 
    Sources Sanctions:  LA. REV. STAT. ANN. §§ 17:10.5, 17:10.7, LA. ADMIN. CODE. tit. 28 § 17-24

    Maine
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: CODE ME. R. §§ 05-071 CH. 125, SECTIONS 13 AND 14, §05-071 CH. 127, Maine Department of Education LEA and School Improvement Responsibilities Under NCLB - Fact Sheet

    Maryland
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes, the state superintendent may recommend that a local school system be placed under corrective action.
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the state superintendent may require any other major restructuring of the school's governance arrangement that makes fundamental reform, such as significant changes in the school's staffing and governance to improve academic achievement in the school and that has substantial promise of enabling the school to make adequate yearly progress. 
    Sources Sanctions: MD. REGS. CODE 13A §§ 01.04.07, 01.04.08, 01.04.08 B 3(c), 01.04.08 C(1); MD. CODE ANN. 6-116, 9-101 to 9-110. 

    Massachusetts
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if the school has failed to demonstrate significant improvement as dictated by the remedial plan it wrote and had the state board approve, the principal is replaced and the new principal has extraordinary powers which include dismissal of any teacher or other employee assigned to the school without regard to established procedures or collective-bargaining agreements.
    Sources Sanctions: MASS. REGS. CODE tit. 603 CMR § 2.00 - 2.05

    Michigan
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the school may be required to align itself with an existing research-based school improvement model or establish an affiliation for providing assistance to the school with a college or university located in the state.
    Sources Sanctions: MICH. COMP. LAWS ANN. §§ 380.1280(12), 388.1619

    Minnesota
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: Not applicable

    Mississippi
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes, the state board requests the governor to declare a state of emergency allowing the state to take over the school.
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: Mississippi Public School Accountability Standards 2007 Sec. 2.8.1, Sec. 2.8.2, Sec. 3.4.6
    MISS. CODE ANN. §§ 37-17-6(11-B), 37-17-6(14), 37-18-7

    Missouri
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: MO. REV. STAT. §160.720

    Montana
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: ADMIN. RULES OF MT § 10.55.601

    Nebraska
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: NEB. REV. STAT. § 79-760.1, NEB. ADMIN. CODE tit. 92, CH. 10

    Nevada
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Unclear
    Can the state require some other major restructuring? Yes, the support team established for the school may take one or more of the following corrective actions for the school:
    • Develop and carry out a new curriculum at the school, including the provision of appropriate professional development relating to the new curriculum
    • Decrease the number of employees at the school who carry out managerial duties
    • Extend the school year or the school day.
    Sources Sanctions: NEV. REV. STAT. ANN. §§ 385.345, 385.373, 385.3744, 385.3761

    New Hampshire
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: Instructions and Materials for the 2006-1007 School Improvement Progress Report and 2007-2008 Request for Title I School Improvement Funds, No Child Left Behind School Improvement Sanctions for Schools Receiving Title I Funds

    New Jersey
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: N.J. ADMIN. CODE tit. 6A § 30-6.1, 30-6.1(b); N.J. STAT. ANN. §§ 18A:7A-14, 18A:7A-15


    New Mexico
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes, policies allow the state public education department to suspend the authority and responsibility of a local school board over a low-performing school. In its place, the state public education department may use any or all of the following groups or individuals in managing or operating the low-performing school:
    • State public education department
    • Contracted consultants
    • Contracted management (such as another school district, individual, group, private company, university)
    • Contracted individuals from other school districts, educational cooperatives, educational organizations or the state's colleges and universities
    • Any combination of the above.
    Can the state require some other major restructuring? No
    Sources Sanctions: N.M. STAT. ANN. § 22-2C-7

    New York
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes, they identify the school as SURR (Schools Under Registration Review)
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if a school fails to meet the performance goals for five consecutive years, then a revised restructuring plan must be developed and approved by the commissioner of education.  If they continue failing to meet the performance goals they must implement the restructuring plan at the beginning of the school year following the creation of the plan.
    Sources Sanctions: N.Y. EDUC. LAW § 211-b; N.Y. COMP. CODES R. & REGS. tit. 8 §§ 100.2 (p), 100.13, 170.12

    North Carolina
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the state board is required to develop and implement a series of actions for providing assistance and intervention to schools designated as low-performing for at least three out of the last four years. These actions are to be the least intrusive actions that are consistent with the need to improve student achievement at each such school and are to be adapted to the unique characteristics of each such school and the effectiveness of other actions developed or implemented to improve student achievement at each such school.
    Sources Sanctions: N.C. GEN. STAT. §§ 115C-105.37, 115C-105.37A, 115C-105.38, 115C-105.39

     


    North Dakota
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes
    Sources Sanctions: N.D. Admin. Code Article 67-19, Accreditation Procedures, Standards and Criteria

    Ohio
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes, as a community school, which is the same as a charter school
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if a school fails to make adequate progress for five consecutive school years, its district must develop a plan during the next succeeding school year to improve the academic performance of the school.  The plan must include the options of turning the operation of the school over to the state department of education and other significant restructuring of the school's governance.

    If the school continues failing to make progress for a sixth consecutive school year, the plan must be implemented.

    Sources Sanctions: OHIO REV. CODE ANN. § 3302.04

    Oklahoma
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, the state board shall assign a team to provide guidance and assistance to the school site and district until the site is no longer declared to be low-performing or high challenge.  Other means of intervention which may include but are not necessarily limited to:
    • Special funding
    • Transfer of students
    • Operation of the school by personnel employed by the state department
    • Mandatory annexation of all or part of the local school district
    • Placing operation of the school with an institution of higher education.
    Sources Sanctions: OKLA. STAT. tit. 70 § 1210.541

    Oregon
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: 2006-07 Title I-A School Improvement Resource Manual

    Pennsylvania
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: School Improvement Guidelines, Pennsylvania Accountability System

    Puerto Rico
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions:  Not applicable

    Rhode Island
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? Yes, if after a three year period of support there has not been improvement in the education of students then there are to be progressive levels of control by the department of elementary and secondary education over the school and/or district budget, and/or program.  This control by the department of elementary and secondary education may be exercised in collaboration with the school and the municipality.  If further needed, the school is to be reconstituted. 

    Reconstitution responsibility is delegated to the board of regents and may range from restructuring the school's governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school.
    Sources Sanctions: Rhode Island School and District Accountability System, Technical Bulletin, April 2007 R.I. General Laws § 16-7.1-5

    South Carolina
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Operation could be assumed by the state board of education.
    Can the state require some other major restructuring? No
    Sources Sanctions: Education Accountability Act of 1998

    South Dakota
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: S.D. ADMIN R. § 24:43:07

    Tennessee
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? Yes
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? The commissioner of education is required to impose corrective actions on a school in its first year of probation for not meeting annual yearly progress. After two consecutive years on probation, the commissioner is authorized to: assume any or all powers of governance of the school or system and recommend to the state board that both the local board of education and the superintendent be removed from office.
    Sources Notification: TN. CODE ANN. §§ 49-1-601, 49-1-602; 2007 legislation, HB 472

    Texas
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? Yes
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, closure of school
    Sources Sanctions: TX. CODES ANN. §§ 39.131, 39.132

    Utah
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: Not applicable

    Vermont
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, policy allows the state commissioner of education to recommend to the state board one or more of the following actions with regard to a low-performing school:
    • Continue technical assistance
    • Adjust supervisory union boundaries or responsibilities of the superintendency
    • Assume administrative control only to the extent necessary to correct deficiencies
    • Close the school and require the school district pay tuition to another public school or an approved independent school.
    Sources Sanctions: VT. STAT. ANN. 16 CHAP.3 § 165

    Virginia
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, the school is subject to actions prescribed by the board of education and affirmed through a memorandum of understanding between the board of education and the local school board.  The local school board must submit a corrective action plan to the board of education for its consideration in prescribing actions in the memorandum of understanding.  The memorandum of understanding may include, but not be limited to:
    • Undergoing an educational service delivery and management review with the content prescribed by the board of education
    • Employing a turnaround specialist credentialed by the state to address those conditions at the school that may impede education progress and effectiveness and academic success.

    An alternative to the memorandum of understanding would be the local school board choosing to reconstitute a school and apply for conditional accreditation.  The local school board may also choose to combine the school with a higher performing school in the division.

    Sources Sanctions: VA. CODE ANN. §§ 22.1-19, 22.1-253.13:3, 8 VA. ADMIN. CODE  §§ 20-131-300(c), 20-131-310, 20-131-315

    Washington
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? No
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? No
    Sources Sanctions: Memorandum No. 040-07M Special Programs and Federal Accountability

    West Virginia
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? Yes
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? Yes
    Does the state have the authority to contract with an outside entity to operate the school? No
    Can the state require some other major restructuring? Yes, the intervention may include establishing instructional programs, taking such direct action as may be necessary to correct the impairments, declaring the position of principal as vacant and assigning a principal for the school who serves at the will and pleasure of, and under the sole supervision of, the state board.
    Sources Sanctions: W.VA. CODE § 18-2E-5, W.VA. CODE ST. R. § 126 CSR 126-13-11

    Wisconsin
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes
    Can the state require some other major restructuring? No
    Sources Sanctions: Wisc. Department of Education Sanctions for Schools Not Making AYP

    Wyoming
    Sanctions for Low-Performing High Schools
    Does the state have the authority to place a school on probation? No
    Does the state have the authority to remove a low-performing school's accreditation? No
    Does the state have the authority to reconstitute staff? Yes
    Does the state have the authority to reopen the school as a public charter school? No
    Does the state have the authority to take over the school? No
    Does the state have the authority to contract with an outside entity to operate the school? Yes, if the school has not meet adequate yearly progress for four years.
    Can the state require some other major restructuring? No
    Sources Sanctions: CODE OF WYO. RULES § 005-000-006 SECTION 10



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