2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 5 - University of the State of New York › Part 1 - General Organization › 211-F - Takeover and Restructuring Failing Schools.

§  211-f.  Takeover  and restructuring failing schools. 1. Eligibility
for appointment of  an  external  receiver.  (a)  Failing  schools.  The
commissioner  shall  designate  as  failing 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 commissioner, a school  designated  as
failing  under  this  paragraph shall be eligible for receivership under
this section upon a determination by the commissioner.
(b) Persistently failing  schools.  Based  upon  measures  of  student
achievement and outcomes and a methodology prescribed in the regulations
of  the  commissioner,  the commissioner shall designate as persistently
failing 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 identified 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 Requiring 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 article fifty-six of  this
chapter.
(c)  Specific  provisions.  (i) For schools designated as persistently
failing 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 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  operation,  it
shall  continue  to  be  subject  to annual review by the department, in
consultation and cooperation with the district, under the same terms and
conditions.
(ii) For schools designated as failing, but not persistently  failing,
the  local  district  shall  continue  to  operate  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.
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; 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 two years, the department shall conduct a school 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 failing 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
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  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
department, 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
commissioner 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  or
persistently  failing  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 present its
recommendations  periodically  to  the   school   leadership   and,   as
applicable, the receiver.
2.  Appointment  of  a  receiver.  (a)  Upon  a  determination  by the
commissioner 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  community  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 determination, the commissioner shall appoint the receiver.
(b) The receiver shall be authorized to manage and operate the failing
or persistently failing 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  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  or  persistently
failing  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
compensation   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
administrative  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  regulations 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 superintendent 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
attending  the  school  or their representatives; (g) representatives of
applicable  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
prekindergarten  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
education 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
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
intervention 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) measures 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  development  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 disadvantaged 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
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
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
placement  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  development,  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  or  persistently failing 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
development 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 or persistently failing
pursuant to this section into  a  charter  school,  provided  that  such
conversion  shall  be  subject  to article fifty-six of this chapter and
provided further that  such  charter  conversion  school  shall  operate
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 or persistently failing school pursuant  to  this  section,  the
abolition of positions of members of the teaching and administrative and
supervisory  staff  of  the  school  shall thereafter be governed by 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 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 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 performance
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
pedagogical  support  staff,  administrators and pupil personnel service
providers assigned to a school designated  as  failing  or  persistently
failing  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  pedagogical support staff, the
receiver shall convene a staffing committee including the receiver,  two
appointees  of  the  receiver  and two appointees selected by the school
staff or their collective bargaining unit. The staffing  committee  will
determine  whether  former  school  staff  reapplying  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   pedagogical   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 maintain
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
learners.
8. (a) In order to maximize the rapid achievement of students  at  the
applicable   school,  the  receiver  may  request  that  the  collective
bargaining 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  schools
in  receivership  applicable  during  the  period  of  receivership. The
receivership 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  receivership  agreement  shall  not  provide for any
reduction in compensation 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
unresolved issues to the commissioner who shall resolve  any  unresolved
issues   within  five  days,  in  accordance  with  standard  collective
bargaining principles.
(c) For purposes only for schools designated as  failing  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
professional 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
commissioner  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
available 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
components 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
education, the commissioner, and the board of  regents  on  a  quarterly
basis  to  provide specific information about the progress being made on
the implementation of the school intervention plan. One of the quarterly
reports shall be the annual evaluation of the  intervention  plan  under
subdivision 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
cooperation 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 or  persistently
failing  school  remains failing 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 or persistently  failing  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  or  persistently  failing  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 or persistently
failing 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  establish  a  model  intervention
plan.  And  provided further, that the commissioner shall make available
to the public any school intervention plan, or other department-approved
intervention  model  or  comprehensive  education  plan  of  a school or
district provided that such measures are consistent with all federal and
state privacy laws.