S T A T E   O F   N E W   Y O R K
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                                  7013

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2015
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law,  in  relation  to  the  takeover  and
  restructuring of struggling schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 211-f of the education law, as added by  section  1
of subpart H of part EE of chapter 56 of the laws of 2015, is amended to
read as follows:
  S  211-f.  Takeover and restructuring [failing] OF STRUGGLING schools.
1.  Eligibility for appointment of an external receiver.  (a)  [Failing]
STRUGGLING schools. The commissioner shall designate as [failing] STRUG-
GLING  each  of  the  schools that has been identified under the state's
accountability system to be among the lowest achieving five  percent  of
public  schools  in  the  state  (priority  schools)  for at least three
consecutive school years, or identified as a "priority school"  in  each
applicable  year  of  such  period  except  one school year in which the
school was not identified because of an approved closure plan  that  was
not implemented, based upon measures of student achievement and outcomes
and  a  methodology  prescribed  in the regulations of the commissioner,
provided that this list shall not include schools within a  special  act
school district as defined in subdivision eight of section four thousand
one  of  this chapter or schools chartered pursuant to article fifty-six
of this chapter. Except as otherwise provided in paragraph (c)  of  this
subdivision,  and pursuant to regulations promulgated by the commission-
er, a school designated as [failing]  STRUGGLING  under  this  paragraph
shall  be  eligible  for receivership under this section upon a determi-
nation by the commissioner.
  (b) Persistently [failing] STRUGGLING schools. Based upon measures  of
student  achievement  and  outcomes  and a methodology prescribed in the
regulations of the commissioner, the  commissioner  shall  designate  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10534-01-5
              

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persistently  [failing]  STRUGGLING  each  of the schools that have been
identified under the state's  accountability  system  to  be  among  the
lowest  achieving public schools in the state for ten consecutive school
years, based upon identification of the school by the commissioner as: a
"priority school" for each applicable year from the two thousand twelve-
-two  thousand thirteen school year to the current school year, or iden-
tified as a "priority school" in each applicable  year  of  such  period
except  one  year  in  which the school was not identified because of an
approved closure plan that was not implemented; and as a "School Requir-
ing Academic Progress Year 5", "School Requiring Academic Progress  Year
6",  "School  Requiring  Academic  Progress  Year 7" and/or a "School in
Restructuring," for each applicable year from the two thousand  six--two
thousand  seven  school  year  to  the two thousand eleven--two thousand
twelve school year. This designation shall not include schools within  a
special  act  school district as defined in subdivision eight of section
four thousand one of this chapter or schools chartered pursuant to arti-
cle fifty-six of this chapter.
  (c) Specific provisions. (i) For schools  designated  as  persistently
[failing]  STRUGGLING pursuant to paragraph (b) of this subdivision, the
local district shall continue to operate the school  for  an  additional
school  year  provided  that there is a department-approved intervention
model or comprehensive education plan in place  that  includes  rigorous
performance  metrics and goals, including but not limited to measures of
student academic achievement and outcomes including those set  forth  in
subdivision  six of this section. Notwithstanding any other provision of
law, rule or regulation to the contrary,  the  superintendent  shall  be
vested  with all powers granted to a receiver appointed pursuant to this
section for such time period; provided, however that such superintendent
shall not be allowed to override any decision of the board of  education
with  respect  to his or her employment status. At the end of such year,
the department shall conduct a performance review  in  consultation  and
cooperation  with  the  district and school staff to determine, based on
the performance metrics in the school's model or plan, whether  (1)  the
designation  of persistently [failing] STRUGGLING should be removed; (2)
the school should remain under continued school district operation  with
the  superintendent  vested  with  the  powers of a receiver; or (3) the
school should be placed into receivership;  provided,  however,  that  a
school  that  makes  demonstrable  improvement  based on the performance
metrics and goals herein shall remain under district  operation  for  an
additional  school year and if such school remains under district opera-
tion, it shall continue to be subject to annual review  by  the  depart-
ment,  in consultation and cooperation with the district, under the same
terms and conditions.
  (ii) For schools designated as [failing] STRUGGLING, but  not  persis-
tently  [failing] STRUGGLING, the local district shall continue to oper-
ate the school for two additional school years provided that there is  a
department-approved  intervention  model or comprehensive education plan
in place that includes rigorous performance metrics and goals, including
but not limited to measures of student academic achievement and outcomes
including those set forth in subdivision six of this  section.  Notwith-
standing any other provision of law, rule or regulation to the contrary,
the superintendent shall be vested with all powers granted to a receiver
appointed  pursuant  to this section; provided, however that such super-
intendent shall not be allowed to override any decision of the board  of
education  with  respect  to his or her employment status. At the end of
such two years, the department shall conduct a school performance review

A. 7013                             3

in consultation and cooperation with the district and  school  staff  to
determine,  based  on  the  performance metrics in the school's model or
plan, whether (1) the designation  of  [failing]  STRUGGLING  should  be
removed;  (2)  the  school should remain under continued school district
operation with the superintendent vested with the powers of a  receiver;
or (3) the school should be placed into receivership; provided, however,
that  a school that makes demonstrable improvement based on the perform-
ance metrics and goals herein shall remain under district operation  for
an  additional  school  year  and  if such school remains under district
operation, it shall continue to be subject to such annual review by  the
department  under  the  same  terms  and conditions.   For schools newly
designated as [failing] STRUGGLING after the two  thousand  sixteen--two
thousand seventeen school year, the school shall be immediately eligible
for receivership upon such designation.
  (iii)  Nothing  in  this  paragraph  shall be construed to limit (1) a
school district's ability to modify, subject to approval by the  depart-
ment,  such  department  approved  intervention  model  or comprehensive
education plan, or (2) the commissioner's ability to  require  a  school
district  to  modify  such  department  approved  intervention  model or
comprehensive education plan and require his or  her  approval  of  such
modifications.
  (iv) The district shall provide notice to parents and guardians of the
students of the school which may be placed into receivership pursuant to
this  subdivision  and provided further that the district or the commis-
sioner shall hold a public meeting or hearing for purposes of discussing
the performance of the school and the construct of receivership.
  1-a. Community engagement team. Upon designation as [failing] STRUGGL-
ING or persistently [failing] STRUGGLING pursuant to subdivision one  of
this  section,  the district shall establish a community engagement team
which shall include community stakeholders, including but not limited to
the school principal, parents and guardians, teachers and  other  school
staff and students. Membership of such team may be modified at any time.
Such  team  shall  develop recommendations for improvement of the school
and shall solicit input through public engagement. The team shall  pres-
ent  its  recommendations  periodically to the school leadership and, as
applicable, the receiver.
  2. Appointment of a receiver.  (a) Upon a determination by the commis-
sioner that a school shall be placed into receivership,  the  applicable
school  district  shall  appoint an independent receiver, subject to the
approval of the commissioner, to manage and operate all aspects  of  the
school  and  to develop and implement a school intervention plan for the
school that shall consider the recommendations developed by the communi-
ty engagement team when creating such plan. The independent receiver may
be a non-profit entity, another school district, or  an  individual.  If
the  school district fails to appoint an independent receiver that meets
with the commissioner's approval within  sixty  days  of  such  determi-
nation, the commissioner shall appoint the receiver.
  (b)  The receiver shall be authorized to manage and operate the [fail-
ing] STRUGGLING or persistently [failing] STRUGGLING  school  and  shall
have  the  power  to supersede any decision, policy or regulation of the
superintendent of schools or chief school officer, or of  the  board  of
education  or  another  school officer or the building principal that in
the sole judgment of the receiver conflicts with the school intervention
plan; provided however that the receiver  may  not  supersede  decisions
that  are not directly linked to the school intervention plan, including
but not limited to  building  usage  plans,  co-location  decisions  and

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transportation  of students. The receiver shall have authority to review
proposed school district budgets prior to presentation to  the  district
voters,  or  in  the  case  of a city school district in a city having a
population  of one hundred twenty-five thousand or more, of the adoption
of a contingency budget, prior to approval by the  board  of  education,
and  to modify the proposed budget to conform to the school intervention
plan provided that such modifications shall  be  limited  in  scope  and
effect  to the [failing] STRUGGLING or persistently [failing] STRUGGLING
school and may not unduly impact other schools in the district. A school
under receivership shall operate  in  accordance  with  laws  regulating
other  public  schools, except as such provisions may conflict with this
section.
  (c) The commissioner shall contract with the receiver, and the compen-
sation and other costs of the receiver  appointed  by  the  commissioner
shall  be  paid  from  a state appropriation for such purpose, or by the
school district, as determined by the commissioner, provided that  costs
shall  be  paid by the school district only if there is an open adminis-
trative staffing line available for the receiver, and the receiver  will
be taking on the responsibilities of such open line. Notwithstanding any
other  provision  of  law  to  the contrary, the receiver and any of its
employees providing services in the receivership shall  be  entitled  to
defense and indemnification by the school district to the same extent as
a school district employee. The receiver's contract may be terminated by
the  commissioner  for  a  violation  of law or the commissioner's regu-
lations or for neglect of  duty.  A  receiver  appointed  to  operate  a
district  under  this section shall have full managerial and operational
control over such school; provided, however, that the board of education
shall remain the employer of  record,  and  provided  further  that  any
employment  decisions of the board of education may be superseded by the
receiver. It shall be the duty of the board of education and the  super-
intendent  of  schools  to fully cooperate with the receiver and willful
failure to cooperate or interference with the functions of the  receiver
shall  constitute  willful neglect of duty for purposes of section three
hundred six of this title. The receiver or the receiver's designee shall
be an ex officio non-voting member of the board of education entitled to
attend all meetings of the board of education.
  3. Before developing the school intervention plan, the receiver  shall
consult with local stakeholders such as: (a) the board of education; (b)
the  superintendent of schools; (c) the building principal; (d) teachers
assigned to the school and their collective  bargaining  representative;
(e)  school  administrators  assigned to the school and their collective
bargaining representative; (f) parents and guardians of students attend-
ing the school or their representatives; (g) representatives of applica-
ble state and local social service, health and mental  health  agencies;
(h) as appropriate, representatives of local career education providers,
state  and  local  workforce development agencies and the local business
community; (i) for elementary schools, representatives of local [prekin-
dergarten] PRE-KINDERGARTEN programs; (j) students attending the  school
as  appropriate;  (k) as needed for middle schools, junior high schools,
central schools or high schools, representatives of local higher  educa-
tion  institutions;  and  (l)  the  school stakeholder team set forth in
subdivision one-a of this section.
  4. In creating the school intervention plan, the  receiver  shall  (i)
consider  the recommendations developed by the community engagement team
set forth in subdivision one-a of this section; (ii) include  provisions
intended  to  maximize the rapid academic achievement of students at the

A. 7013                             5

school; and (iii) ensure that the plan addresses school  leadership  and
capacity,  school leader practices and decisions, curriculum development
and  support,  teacher  practices  and  decisions,  student  social  and
emotional developmental health, and family and community engagement. The
receiver shall, to the extent practicable, base the plan on the findings
of  any  recent  diagnostic  review or assessment of the school that has
been conducted and, as applied  to  the  school,  student  outcome  data
including, but not limited to: (a) student achievement growth data based
on  state  measures;  (b)  other  measures  of  student achievement; (c)
student promotion and graduation rates; (d) achievement and growth  data
for the subgroups of students used in the state's accountability system;
(e)  student  attendance;  and  (f)  long-term and short-term suspension
rates.
  5. (a) The receiver shall include the following in the  school  inter-
vention  plan: (i) measures to address social service, health and mental
health needs of students in the school and their families  in  order  to
help  students arrive and remain at school ready to learn; provided that
this may include mental health and substance abuse screening; (ii) meas-
ures to improve or expand access  to  child  welfare  services  and,  as
appropriate,  services  in  the  school  community to promote a safe and
secure learning environment; (iii) as applicable,  measures  to  provide
greater  access to career and technical education and workforce develop-
ment services provided to students in the school and their  families  in
order to provide students and families with meaningful employment skills
and opportunities; (iv) measures to address achievement gaps for English
language learners, students with disabilities and economically disadvan-
taged  students,  as  applicable; (v) measures to address school climate
and positive behavior  support,  including  mentoring  and  other  youth
development  programs;  and  (vi)  a  budget for the school intervention
plan.
  (b) As necessary,  the  commissioner  and  the  commissioners  of  the
department  of  health,  the office of children and family services, the
department of labor and other applicable state and local social service,
health, mental health  and  child  welfare  officials  shall  coordinate
regarding  the implementation of the measures described in subparagraphs
(i) through (iii) of paragraph (a) of this subdivision that are included
in the school intervention plan and  shall,  subject  to  appropriation,
reasonably  support such implementation consistent with the requirements
of state and federal law applicable to the relevant programs  that  each
such  official  is  responsible  for  administering, and grant [failing]
STRUGGLING schools priority in competitive grants, as  allowable  before
and during the period of receivership.
  6.  In  order  to assess the school across multiple measures of school
performance and student success,  the  school  intervention  plan  shall
include  measurable  annual  goals  including,  but  not limited to, the
following: (a) student attendance; (b) student discipline including  but
not  limited  to  short-term and long-term suspension rates; (c) student
safety; (d) student promotion and graduation  and  drop-out  rates;  (e)
student  achievement and growth on state measures; (f) progress in areas
of academic  underperformance;  (g)  progress  among  the  subgroups  of
students  used  in  the  state's accountability system; (h) reduction of
achievement gaps among specific groups of students; (i)  development  of
college  and  career  readiness,  including at the elementary and middle
school levels; (j) parent and family engagement; (k) building a  culture
of  academic  success  among students; (l) building a culture of student
support and success among faculty and staff; (m)  using  developmentally

A. 7013                             6

appropriate child assessments from pre-kindergarten through third grade,
if  applicable,  that  are  tailored to the needs of the school; and (n)
measures of student learning.
  7.  (a) Notwithstanding any general or special law to the contrary, in
creating and implementing the school  intervention  plan,  the  receiver
shall,  after  consulting with stakeholders and the community engagement
team, convert schools to community schools to provide  expanded  health,
mental health and other services to the students and their families.
In addition, the receiver may: (i) review and if necessary expand, alter
or replace the curriculum and program offerings of the school, including
the  implementation  of  research-based  early  literacy programs, early
interventions for struggling readers and the teaching of advanced place-
ment courses or other rigorous nationally or internationally  recognized
courses,  if  the school does not already have such programs or courses;
(ii) replace teachers and administrators,  including  school  leadership
who are not appropriately certified or licensed; (iii) increase salaries
of  current  or  prospective  teachers and administrators to attract and
retain high-performing teachers and administrators; (iv) establish steps
to improve hiring, induction, teacher evaluation, professional  develop-
ment,  teacher advancement, school culture and organizational structure;
(v) reallocate the uses of the  existing  budget  of  the  school;  (vi)
expand  the school day or school year or both of the school; (vii) for a
school that offers the first grade, add  pre-kindergarten  and  full-day
kindergarten  classes, if the school does not already have such classes;
(viii) in accordance with paragraphs (b) and (c) of this subdivision, to
abolish the positions of all members of the teaching and  administrative
and  supervisory  staff  assigned to the [failing] STRUGGLING or persis-
tently [failing] STRUGGLING school and terminate the employment  of  any
building  principal  assigned  to  such a school, and require such staff
members to reapply for their positions in the school if they so  choose;
(ix)  include a provision of a job-embedded professional development for
teachers at the school, with an  emphasis  on  strategies  that  involve
teacher input and feedback; (x) establish a plan for professional devel-
opment  for administrators at the school, with an emphasis on strategies
that develop leadership skills and use the  principles  of  distributive
leadership; and/or (xi) order the conversion of a school in receivership
that  has been designated as [failing] STRUGGLING or persistently [fail-
ing] STRUGGLING pursuant to this section into a charter school, provided
that such conversion shall be subject to article fifty-six of this chap-
ter and provided further that such charter conversion school shall oper-
ate pursuant to such article and  provided  further  that  such  charter
conversion  school  shall  operate  consistent  with a community schools
model and provided further that such conversion charter school shall  be
subject  to the provisions in subdivisions three, four, five, six, nine,
ten, eleven, twelve and thirteen of this section.
  (b) Notwithstanding any other provision of law, rule or regulation  to
the contrary, upon designation of any school of the school district as a
[failing]  STRUGGLING or persistently [failing] STRUGGLING school pursu-
ant to this section, the abolition of positions of members of the teach-
ing and administrative and supervisory staff of the school shall  there-
after  be  governed  by the applicable provisions of section twenty-five
hundred ten, twenty-five hundred eighty-five, twenty-five hundred eight-
y-eight or three thousand thirteen of this chapter as modified  by  this
paragraph.  A  classroom  teacher or building principal who has received
two or more composite ratings of ineffective on an  annual  professional
performance  review  shall  be  deemed not to have rendered faithful and

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competent service within the meaning of section twenty-five hundred ten,
twenty-five hundred eighty-five,  twenty-five  hundred  eighty-eight  or
three  thousand thirteen of this chapter. When a position of a classroom
teacher  or building principal is abolished, the services of the teacher
or administrator or supervisor within the tenure area  of  the  position
with  the  lowest rating on the most recent annual professional perform-
ance review shall be discontinued, provided that  seniority  within  the
tenure  area  of  the  position  shall be used solely to determine which
position should be discontinued in the event of a tie.
  (c) The receiver may abolish the positions of all teachers  and  peda-
gogical  support  staff,  administrators  and  pupil  personnel  service
providers assigned to a school designated  as  [failing]  STRUGGLING  or
persistently  [failing]  STRUGGLING pursuant to this section and require
such staff members to reapply for new positions if they so choose.   The
receiver  shall  define  new  positions  for the school aligned with the
school intervention plan,  including  selection  criteria  and  expected
duties  and  responsibilities  for each position. For administrators and
pupil  personnel  service  providers,  the  receiver  shall  have   full
discretion  over  all such rehiring decisions. For teachers and pedagog-
ical support staff, the receiver  shall  convene  a  staffing  committee
including  the receiver, two appointees of the receiver and two appoint-
ees selected by the school staff or their  collective  bargaining  unit.
The  staffing committee will determine whether former school staff reap-
plying for positions are qualified for the new positions.  The  receiver
shall  have  full discretion regarding hiring decisions but must fill at
least fifty percent of the newly defined positions with the most  senior
former  school  staff who are determined by the staffing committee to be
qualified. Any remaining vacancies shall be filled by  the  receiver  in
consultation  with  the  staffing  committee.  Notwithstanding any other
provision of law to the contrary, a member of the teaching and  pedagog-
ical  support,  administrative,  or pupil personnel service staff who is
not rehired pursuant to this paragraph shall not have any right to  bump
or  displace  any  other  person  employed by the district, but shall be
placed on a preferred eligibility list in accordance with the applicable
provisions of  section  twenty-five  hundred  ten,  twenty-five  hundred
eighty-five, twenty-five hundred eighty-eight or three thousand thirteen
of this chapter. Teachers rehired pursuant to this paragraph shall main-
tain  their  prior status as tenured or probationary, and a probationary
teacher's probation period shall not be changed.
  (d) For a school with  English  language  learners,  the  professional
development and planning time for teachers and administrators identified
in  clauses  (vi) and (vii) of the closing paragraph of paragraph (a) of
this subdivision, shall include specific strategies and content designed
to maximize the rapid academic achievement of the English language lear-
ners.
  8. (a) In order to maximize the rapid achievement of students  at  the
applicable school, the receiver may request that the collective bargain-
ing  unit  or  units  representing  teachers  and administrators and the
receiver, on behalf of the board of education, negotiate a  receivership
agreement  that  modifies the applicable collective bargaining agreement
or agreements with  respect  to  any  [failing]  STRUGGLING  schools  in
receivership  applicable during the period of receivership.  The receiv-
ership agreement may address the following subjects: the length  of  the
school  day; the length of the school year; professional development for
teachers and administrators; class size; and changes  to  the  programs,
assignments,  and teaching conditions in the school in receivership. The

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receivership agreement shall not provide for any  reduction  in  compen-
sation unless there shall also be a proportionate reduction in hours and
shall  provide  for  a  proportionate increase in compensation where the
length  of  the  school day or school year is extended. The receivership
agreement shall not alter the remaining terms of the existing/underlying
collective bargaining agreement which shall remain in effect.
  (b) The bargaining shall be conducted between  the  receiver  and  the
collective  bargaining  unit  in good faith and completed not later than
thirty days from the point at which  the  receiver  requested  that  the
bargaining  commence.  The  agreement  shall  be subject to ratification
within ten business days by the bargaining unit members in  the  school.
If the parties are unable to reach an agreement within thirty days or if
the agreement is not ratified within ten business days by the bargaining
unit members of the school, the parties shall submit any remaining unre-
solved  issues  to  the  commissioner  who  shall resolve any unresolved
issues within five days, in accordance with standard collective bargain-
ing principles.
  (c) For purposes only for schools designated as  [failing]  STRUGGLING
pursuant  to  subparagraph  (ii)  of paragraph (c) of subdivision one of
this section, bargaining shall be conducted between the receiver and the
collective bargaining unit in good faith and completed  not  later  than
thirty  days  from  the  point  at which the receiver requested that the
bargaining commence. The agreement  shall  be  subject  to  ratification
within  ten  business days by the bargaining unit members of the school.
If the parties are unable to reach an agreement within thirty days or if
the agreement is not ratified within ten business days by the bargaining
unit members of the school, a conciliator shall be selected through  the
American  Arbitration  Association,  who  shall forthwith forward to the
parties a list of three conciliators, each of whom  shall  have  profes-
sional  experience in elementary and secondary education, from which the
parties may agree upon a single conciliator provided, however,  that  if
the  parties  cannot  select  a  conciliator from among the three within
three business days, the American Arbitration Association shall select a
conciliator from the list of names within  one  business  day,  and  the
conciliator shall resolve all outstanding issues within five days. After
such  five  days,  if  any  unresolved  issues remain, the parties shall
submit such issues to the commissioner who  shall  resolve  such  issues
within  five  days,  in  accordance  with standard collective bargaining
principles.
  9. A final school intervention plan shall be submitted to the  commis-
sioner  for approval and, upon approval, shall be issued by the receiver
within six months of the receiver's appointment. A  copy  of  such  plan
shall  be  provided  to  the  board  of education, the superintendent of
schools and the collective bargaining representatives  of  teachers  and
administrators of the school district. The plan shall be publicly avail-
able  and  shall  be  posted  on the department's website and the school
district's website, and the school  district  shall  provide  notice  to
parents of such school intervention plan and its availability.
  10.  Each school intervention plan shall be authorized for a period of
not more than three years. The receiver may  develop  additional  compo-
nents  of  the plan and shall develop annual goals for each component of
the plan in a manner consistent with this section, all of which must  be
approved  by  the  commissioner.  The  receiver shall be responsible for
meeting the goals of the school intervention plan.
  11. The receiver shall provide a written report to the board of educa-
tion, the commissioner, and the board of regents on a quarterly basis to

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provide specific information about the progress being made on the imple-
mentation of the school intervention plan. One of the quarterly  reports
shall  be  the annual evaluation of the intervention plan under subdivi-
sion twelve of this section.
  12.  (a)  The commissioner shall, in consultation and cooperation with
the district  and  the  school  staff,  evaluate  each  school  with  an
appointed  receiver  at  least  annually.  The purpose of the evaluation
shall be to determine whether the school has met the annual goals in its
school intervention plan and to assess the implementation of the plan at
the school. The evaluation shall be in writing and shall be submitted to
the superintendent and the board of education not later  than  September
first  for  the preceding school year. The evaluation shall be submitted
in a format determined by the commissioner.
  (b) If the commissioner determines that the school has met the  annual
performance goals stated in the school intervention plan, the evaluation
shall  be  considered  sufficient  and  the implementation of the school
intervention plan shall continue. If the  commissioner  determines  that
the  school  has not met one or more goals in the plan, the commissioner
may require modification of the plan.
  13. Upon the expiration of a school intervention  plan  for  a  school
with  an appointed receiver, the commissioner, in consultation and coop-
eration with the district, shall conduct an evaluation of the school  to
determine whether the school has improved sufficiently, requires further
improvement  or  has failed to improve. On the basis of such review, the
commissioner, in consultation and cooperation with  the  district,  may:
(a)  renew  the  plan  with the receiver for an additional period of not
more than three years; (b) if the [failing] STRUGGLING  or  persistently
[failing]  STRUGGLING  school remains [failing] STRUGGLING and the terms
of the plan have not been substantially met, terminate the contract with
the receiver and appoint a new  receiver;  or  (c)  determine  that  the
school has improved sufficiently for the designation of [failing] STRUG-
GLING or persistently [failing] STRUGGLING to be removed.
  14. Nothing in this section shall prohibit the commissioner or a local
district  from  closing  a  school  pursuant  to  the regulations of the
commissioner.
  15. The commissioner shall be authorized to adopt regulations to carry
out the provisions of this section.
  16. The commissioner shall report annually to  the  governor  and  the
legislature on the implementation and fiscal impact of this section. The
report  shall  include,  but  not  be  limited to, a list of all schools
currently designated as [failing] STRUGGLING or  persistently  [failing]
STRUGGLING  and  the  strategies used in each of the schools to maximize
the rapid academic achievement of students.
  17. The commissioner shall provide any relevant data that is needed to
implement and comply with the requirements of the chapter of the laws of
two thousand fifteen which added this section  to  any  school  district
that  has  a  school  or  schools  designated as [failing] STRUGGLING or
persistently [failing] STRUGGLING pursuant to  this  section  by  August
fifteenth  of  each  year,  to the fullest extent practicable.  Provided
that the commissioner shall provide guidance to districts and may estab-
lish a model intervention plan. And provided further, that  the  commis-
sioner  shall make available to the public any school intervention plan,
or other department-approved intervention model or comprehensive  educa-
tion  plan  of  a  school  or  district  provided that such measures are
consistent with all federal and state privacy laws.
  S 2. This act shall take effect immediately.