ALBANY – More than 170 schools across the state could face a takeover if they don't boost their lagging academic performance.
The state's new $142 billion budget paves the way for an outside "receiver" to step in and oversee a school that has long been struggling to improve its graduation rates and student test scores.
The new law means the targeted schools — most of them from big urban school districts like New York, Rochester and Yonkers — will have to act briskly or face the prospect of ceding control to an outside entity.
And that third party would have broad authority, with the ability to do everything from extending the academic day to converting the struggling school into a publicly funded, privately run charter school.
"When it comes to education, the budget we approved will transform our school system in comprehensive ways," Gov. Andrew Cuomo said in a statement last week. "The reforms we have included will move us to an education system that rewards results, addresses challenges and demands accountability."
The receivership program is one of several education reforms that Cuomo, a Democrat, insisted upon as he negotiated the state's spending plan, which the Legislature approved last week despite opposition from the teachers union and some school groups.
The program differs from Cuomo's original proposal, which gave the state Education Department broader discretion to appoint a receiver. Now, school districts will have more time to straighten out on their own and get to recommend a receiver to the state, which can be an individual, nonprofit or another school district.
When a school is placed into a receivership, it would be forced to shift into a community school, which means it would have to expand its health and mental health services for its students and their families.
"While certainly not ideal, the 'receivership' proposal at least now provides local school leaders with the opportunity to improve academic results before resorting to a dramatic, third-party takeover," said Timothy Kremer, executive director of the state School Boards Association.
The new law lays out two types of schools that could be eligible for a receiver: "Failing" schools and "persistently failing" schools.
The former refers to schools that have spent three years on the state Education Department's "priority list," which identifies schools that have graduation rates below 60 percent or rank among the bottom in student test scores. Those schools will have two school years to show "demonstrable" improvements in their academic performance before the state Education Department can order them into a receivership.
"Persistently failing" schools are those that have been on the priority list for 10 years. Those schools will have one year to show improvement or face a takeover.
Under the new law, 27 schools currently are on the "persistently failing" list, with about half coming from New York City, five hailing from Buffalo, four from Rochester and two from Yonkers. Those schools will be eligible for a total of $75 million in additional funding from the state.
Approximately 150 are on the "failing" list, according to a list provided by Cuomo's office. That includes 22 from Buffalo, 10 from Rochester, six from Yonkers, two from Poughkeepsie and one from Mt. Vernon.
Rochester Superintendent Bolgen Vargas said the school district has taken several actions in an attempt to improve performance in the city's schools, including replacing several principals.
East High School, which is on the "persistently failing" list, will soon be overseen by the University of Rochester under a plan announced last year.
"There's obviously a sense of urgency that we need to be cognizant of," Vargas said. "We have taken some serious steps along the line of what the (new law) is trying to achieve."
In Rochester, one school that had been on the "failing" list has already closed: Dr. Freddie Thomas High School. Vargas also has recommended closing Charlotte High School, which is on the "persistently failing" list.
JCAMPBELL1@Gannett.com
Twitter.com/JonCampbellGAN
Local schools on the list
Here is the list of local schools that could be in line for a potential takeover by a state-approved "receiver" under the $142 billion state budget approved last week.
Persistently failing
• East High School.
• Charlotte High School.
• James Monroe High School.
• School 9.
Failing
• Northeast College Prep High School.
• Northwest College Prep High School.
• Dr. Freddie Thomas High School (already closed).
• Schools 3, 8, 17, 22, 34, 41, 44 and 45.
SOURCE: Gov. Andrew Cuomo's office
