1. (a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered:

   1. (1) Student proficiency in reading and math in the period during which the school is in restructuring;
   2. (2) Interventions and other programs being used by the school to address student proficiency;
   3. (3) The number of highly qualified or effective teachers at the school;
   4. (4) Professional development being conducted at the school;
   5. (5) Input from school faculty and staff, complex specialists, and state office program specialists; and

   6. (6) Input from the school community council;

      provided further that the superintendent has made a recommendation to the board to reconstitute the school, taking into consideration the recommendation of the complex area superintendent, if any.

2. (b) In reconstituting a public school, the superintendent may take actions that include:

   1. (1) Replacing all or most of the staff, including teachers, principals, and other support staff;
   2. (2) Entering into a contract with a private entity to manage the school; and
   3. (3) Changing the membership of the school community council.
3. (c) The department shall negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified.
4. (d) The department shall follow the current hiring and recruiting procedures for all employees to be employed at the reconstituted school.
5. (e) The board shall adopt rules pursuant to chapter 91 as may be necessary to implement this section.

[L 2011, c 148, §2]