1. For the 2003-2004 school year, the Commissioner shall, by September 15, 2003:

      i. Designate as a low performing school, each Abbott elementary school in which the percentage of general education students testing proficient or advanced proficient on the 2002 ESPA Language Arts Literacy subtest is equal to or less than 50 percent; and

      ii. Review the school’s general education student mean score gain between 1999-2002 to determine if it exceeds by 50 percent or more the average mean score gain among general education students in all Abbott elementary schools. In such cases, after consultation with the district CSA to determine possible explanations for the increase in mean scores, the Commissioner may remove the school from the list of low performing schools.

   2. For school year 2004-2005 and thereafter, the Commissioner shall:

      i. Assess and refine the definition of low performing schools to incorporate the results of the NJASK4;

      ii. Review the latest published school achievement data and five-year mean scores of all Abbott elementary schools to:

         (1) Determine if a school that was previously designated as low performing produces a mean score gain among general education students over the latest five-year period that exceeds by 50 percent or more the average mean score gain among general education students in all Abbott elementary schools during the same period. In such cases, after consultation with the district CSA to determine possible explanations for the increase in mean scores, the Commissioner may remove the school from the list of low performing schools;

         (2) Determine if the performance of ELLs and students with disabilities on appropriately developed assessment instruments is at least 50 percent higher than the Abbott average for such students. After consultation with the district CSA, the Commissioner may remove such a school from the low performing category, assuming that the school has met the condition in (e)2ii(1) above; and

         (3) Determine if a school that was not previously classified as low performing has produced a proficiency score of 50 percent or less and if such school’s mean score gain is at or below the average mean score gain among all Abbott elementary schools during the same period. Such schools shall then be designated as low performing schools.

   3. For schools designated as low performing, the Commissioner shall establish, in consultation with the CSA, a Performance Assessment Team (PAT) and shall designate either the Department representative or the CSA designee as the PAT Leader. A CSA may request that the Commissioner assign a PAT to a school deemed to be in need of improvement but not otherwise designated as a low performing school by the Commissioner as provided herein. The Commissioner, with approval of the CSA, shall establish a schedule for the member selection and orientation, operation, and conclusion of the PAT Process.

      i. The PAT shall include, but not be limited to, the following members:

         (1) A highly skilled teacher;

         (2) A principal from a high performing school (PAT Principal);

         (3) A parent representative; and

         (4) A literacy specialist, who is qualified to observe classroom instruction.

      ii. PAT members shall attend Department and/or CSA sponsored training sessions as necessary.

      iii. The PAT’s primary function is to identify obstacles to improved teaching and learning for all students by reviewing student achievement data and intermediate progress measures, visiting classrooms, and interviewing teachers, parents, the principal and developer field staff, among others and as appropriate.

      iv. Based on this evaluation, the PAT shall issue a written report on findings and recommendations on the quality of instruction and obstacles to achievement and other factors including the quality of school leadership; effectiveness of the SLC; parent participation; WSR model implementation; support from the central office; and the adequacy of supplemental programs and services.

      v. All participants of the school stakeholder community shall be guaranteed confidentiality to the greatest extent possible.

      vi. The PAT, SLC and CSA will develop a written Improvement Agreement based on the findings and recommendations of the PAT as to the strategies and objectives for improving teaching and learning, how to implement those strategies and objectives and the responsibilities of the various stakeholders needed to do so successfully. The PAT report shall be a public document.

      vii. The SLC shall modify the school’s three-year operational plan and annual budget to be consistent with the Improvement Agreement.

      viii. The Commissioner shall review and approve the Improvement Agreement based on a determination that the Improvement Agreement is an effective and efficient means of improving teaching and learning in that school. Upon approval, the district and school shall present the agreement to the school, SLC and community.