§ 211-f. Takeover and restructuring failing schools. 1. Eligibility\nfor appointment of an external receiver. (a) Failing schools. The\ncommissioner shall designate as failing each of the schools that has\nbeen identified under the state's accountability system to be among the\nlowest achieving five percent of public schools in the state (priority\nschools) for at least three consecutive school years, or identified as a\n"priority school" in each applicable year of such period except one\nschool year in which the school was not identified because of an\napproved closure plan that was not implemented, based upon measures of\nstudent achievement and outcomes and a methodology prescribed in the\nregulations of the commissioner, provided that this list shall not\ninclude schools within a special act school district as defined in\nsubdivision eight of section four thousand one of this chapter or\nschools chartered pursuant to article fifty-six of this chapter. Except\nas otherwise provided in paragraph (c) of this subdivision, and pursuant\nto regulations promulgated by the commissioner, a school designated as\nfailing under this paragraph shall be eligible for receivership under\nthis section upon a determination by the commissioner.\n (b) Persistently failing schools. Based upon measures of student\nachievement and outcomes and a methodology prescribed in the regulations\nof the commissioner, the commissioner shall designate as persistently\nfailing each of the schools that have been identified under the state's\naccountability system to be among the lowest achieving public schools in\nthe state for ten consecutive school years, based upon identification of\nthe school by the commissioner as: a "priority school" for each\napplicable year from the two thousand twelve--two thousand thirteen\nschool year to the current school year, or identified as a "priority\nschool" in each applicable year of such period except one year in which\nthe school was not identified because of an approved closure plan that\nwas not implemented; and as a "School Requiring Academic Progress Year\n5", "School Requiring Academic Progress Year 6", "School Requiring\nAcademic Progress Year 7" and/or a "School in Restructuring," for each\napplicable year from the two thousand six--two thousand seven school\nyear to the two thousand eleven--two thousand twelve school year. This\ndesignation shall not include schools within a special act school\ndistrict as defined in subdivision eight of section four thousand one of\nthis chapter or schools chartered pursuant to article fifty-six of this\nchapter.\n (c) Specific provisions. (i) For schools designated as persistently\nfailing pursuant to paragraph (b) of this subdivision, the local\ndistrict shall continue to operate the school for an additional school\nyear provided that there is a department-approved intervention model or\ncomprehensive education plan in place that includes rigorous performance\nmetrics and goals, including but not limited to measures of student\nacademic achievement and outcomes including those set forth in\nsubdivision six of this section. Notwithstanding any other provision of\nlaw, rule or regulation to the contrary, the superintendent shall be\nvested with all powers granted to a receiver appointed pursuant to this\nsection for such time period; provided, however that such superintendent\nshall not be allowed to override any decision of the board of education\nwith respect to his or her employment status. At the end of such year,\nthe department shall conduct a performance review in consultation and\ncooperation with the district and school staff to determine, based on\nthe performance metrics in the school's model or plan, whether (1) the\ndesignation of persistently failing should be removed; (2) the school\nshould remain under continued school district operation with the\nsuperintendent vested with the powers of a receiver; or (3) the school\nshould be placed into receivership; provi
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