S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5570
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to authorizing the chan-
   cellor of the city district to control and operate certain specialized
   high schools in the city of New York; and to amend the  administrative
   code  of  the  city  of New York, in relation to directing each school
   district in the city of New York to  provide  at  least  one  district
   gifted  and  talented  program  for  kindergarten  through fifth grade
   public school students
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2590-a of the education law is amended by adding a
 new subdivision 11 to read as follows:
   11. SPECIALIZED HIGH SCHOOL ADMISSIONS  TEST.  THE  TERM  "SPECIALIZED
 HIGH  SCHOOL  ADMISSIONS TEST" SHALL MEAN THE COMPETITIVE, OBJECTIVE AND
 SCHOLASTIC ACHIEVEMENT EXAMINATION REQUIRED FOR ADMISSION TO SPECIALIZED
 HIGH SCHOOLS PURSUANT TO SECTION TWENTY-FIVE HUNDRED  NINETY-G  OF  THIS
 ARTICLE AS IN EFFECT PRIOR TO MARCH THIRTY-FIRST, NINETEEN HUNDRED NINE-
 TY-SEVEN.
   § 2. Paragraph (b) of subdivision 1 of section 2590-h of the education
 law,  as  amended by chapter 345 of the laws of 2009, is amended to read
 as follows:
   (b) all specialized [senior] high schools.
   (I) The [special] SPECIALIZED high schools shall include:
   (A) the present schools known as[:] The Bronx High School of  Science,
 Stuyvesant  High  School,  Brooklyn  Technical  High School, Fiorello H.
 LaGuardia High School of Music and the Arts in the borough of Manhattan,
 BROOKLYN LATIN SCHOOL, HIGH SCHOOL FOR MATH, SCIENCE AND ENGINEERING  AT
 CITY COLLEGE, HIGH SCHOOL FOR AMERICAN STUDIES AT LEHMAN COLLEGE, QUEENS
 HIGH  SCHOOL  FOR  SCIENCES AT YORK COLLEGE, AND STATEN ISLAND TECHNICAL
 HIGH SCHOOL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07664-01-1

 A. 5570                             2
 
   (B) THE SPECIALIZED HIGH SCHOOLS ESTABLISHED PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF THIS SECTION; AND
   (C)  and  such further schools which the city board may designate from
 time to time. The special schools  shall  be  permitted  to  maintain  a
 discovery  program  in  accordance  with  the  law in effect on the date
 preceding the effective date of this section; admissions to the  special
 schools  shall  be conducted in accordance with the law in effect on the
 date preceding the effective date of this section;
   (II)  THE  CHANCELLOR  SHALL  ESTABLISH  PROCEDURES  TO  ENSURE  THAT,
 COMMENCING  IN  THE  TWO  THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
 ACADEMIC YEAR AND FOR EACH ACADEMIC YEAR THEREAFTER,  ALL  EIGHTH  GRADE
 PUBLIC SCHOOL STUDENTS TAKE THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST,
 PROVIDED, HOWEVER, THAT:
   (A)  THE  SPECIALIZED  HIGH  SCHOOL ADMISSIONS TEST TAKES PLACE DURING
 REGULAR SCHOOL HOURS AND BE GIVEN NO LATER THAN OCTOBER THIRTY-FIRST  OF
 EACH ACADEMIC YEAR; AND
   (B)  THE PROCEDURES SHALL PERMIT THE PARENT OR GUARDIAN OF AN ELIGIBLE
 STUDENT TO OPT THAT STUDENT OUT OF THE SPECIALIZED  HIGH  SCHOOL  ADMIS-
 SIONS TEST, AT THE PARENT OR GUARDIAN'S DISCRETION FOR ANY REASON.
   § 3. Paragraph (b) of subdivision 1 of section 2590-h of the education
 law,  as  amended by chapter 720 of the laws of 1996, is amended to read
 as follows:
   (b) all specialized [senior] high schools.
   (I) The [special] SPECIALIZED high schools shall include:
   (A) the present schools known as[:] The Bronx High School of  Science,
 Stuyvesant  High  School,  Brooklyn  Technical  High School, Fiorello H.
 LaGuardia High School of Music and the Arts in the borough of Manhattan,
 BROOKLYN LATIN SCHOOL, HIGH SCHOOL FOR MATH, SCIENCE AND ENGINEERING  AT
 CITY COLLEGE, HIGH SCHOOL FOR AMERICAN STUDIES AT LEHMAN COLLEGE, QUEENS
 HIGH  SCHOOL  FOR  SCIENCES AT YORK COLLEGE, AND STATEN ISLAND TECHNICAL
 HIGH SCHOOL;
   (B) THE SPECIALIZED HIGH SCHOOLS ESTABLISHED PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF THIS SECTION; AND
   (C) and such further schools which the city board may  designate  from
 time to time.
   The special schools shall be permitted to maintain a discovery program
 in accordance with the law in effect on the date preceding the effective
 date  of  this  section;  admissions  to  the  special  schools shall be
 conducted in accordance with the law in effect on the date preceding the
 effective date of this section;
   (II)  THE  CHANCELLOR  SHALL  ESTABLISH  PROCEDURES  TO  ENSURE  THAT,
 COMMENCING  IN  THE  TWO  THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
 ACADEMIC YEAR AND FOR EACH ACADEMIC YEAR THEREAFTER,  ALL  EIGHTH  GRADE
 PUBLIC SCHOOL STUDENTS TAKE THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST,
 PROVIDED, HOWEVER, THAT:
   (A)  THE  SPECIALIZED  HIGH  SCHOOL ADMISSIONS TEST TAKES PLACE DURING
 REGULAR SCHOOL HOURS AND BE GIVEN NO LATER THAN OCTOBER THIRTY-FIRST  OF
 EACH ACADEMIC YEAR; AND
   (B)  THE PROCEDURES SHALL PERMIT THE PARENT OR GUARDIAN OF AN ELIGIBLE
 STUDENT TO OPT THAT STUDENT OUT OF THE SPECIALIZED  HIGH  SCHOOL  ADMIS-
 SIONS TEST, AT THE PARENT OR GUARDIAN'S DISCRETION FOR ANY REASON.
   §  4. Subdivision 2 of section 2590-h of the education law, as amended
 by chapter 345 of the laws of 2009, is amended to read as follows:
   2. Establish, control and operate new schools or programs of the types
 specified in subdivision one of this section, or to discontinue any such

 A. 5570                             3
 
 schools and programs as he or she may determine; provided, however, that
 the chancellor shall [consult]:
   (A)  CONSULT  with  the  affected community district education council
 before:
   [(a)] (I) substantially expanding or reducing such an existing  school
 or program within a community district;
   [(b)] (II) initially utilizing a community district school or facility
 for such a school or program;
   [(c)] (III) instituting any new program within a community district.
   (B)  ESTABLISH  BY  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
 FIVE ACADEMIC YEAR AT LEAST TEN SPECIALIZED HIGH SCHOOLS, IN  ACCORDANCE
 WITH  NEW  YORK CITY CHANCELLOR REGULATIONS ON SPECIALIZED HIGH SCHOOLS,
 IN ADDITION TO THOSE SPECIALIZED HIGH SCHOOLS IDENTIFIED IN  CLAUSE  (A)
 OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION,
 PROVIDED  HOWEVER  THAT  THE  MAJORITY  OF  THE SPECIALIZED HIGH SCHOOLS
 ESTABLISHED PURSUANT TO THIS PARAGRAPH ARE LOCATED IN AREAS THAT ARE  AT
 LEAST  TWO  MILES  AWAY  FROM  ANY SPECIALIZED HIGH SCHOOL IDENTIFIED IN
 CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 THIS SECTION.
   (C)  ESTABLISH  BY  THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE ACADEMIC YEAR A TEST PREPARATION PROGRAM AVAILABLE, AT NO COST, TO
 ALL PUBLIC SCHOOL STUDENTS IN THE SIXTH AND SEVENTH GRADES IN CONNECTION
 WITH THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST. THIS PROGRAM SHALL  BE
 OPTIONAL FOR SIXTH AND SEVENTH GRADE STUDENTS.
   (I) THE TEST PREPARATION PROGRAM CLASSES SHALL BE SCHEDULED OUTSIDE OF
 THE REGULAR OPERATING HOURS OF THE SCHOOL DAY AND INCLUDE CLASS SESSIONS
 MEETING  ON  SATURDAYS  DURING  THE  SCHOOL YEAR AND WEEKDAYS DURING THE
 SUMMER FOR STUDENTS COMPLETING SIXTH AND SEVENTH GRADE.
   (II) TRANSPORTATION AND MEALS SHALL BE PROVIDED TO ALL  PUBLIC  SCHOOL
 STUDENTS WHO ARE ELIGIBLE FOR THIS PROGRAM AT NO COST.
   (III)  THE  CHANCELLOR SHALL ESTABLISH PROCEDURES FOR NOTIFYING PUBLIC
 SCHOOL STUDENTS AND PARENTS OR GUARDIANS ABOUT THE AVAILABILITY OF  SUCH
 TEST  PREPARATION  PROGRAM  AT  LEAST TWICE DURING EACH OF THE STUDENTS'
 FIFTH GRADE AND SIXTH GRADE YEARS,  AT  EACH  PARENT-TEACHER  CONFERENCE
 OCCURRING DURING THOSE SCHOOL YEARS, AND THROUGH OTHER METHODS OF COMMU-
 NICATION DEEMED APPROPRIATE BY THE CHANCELLOR.
   (D)  PREPARE  AND  RELEASE  A  TEST  PREPARATION GUIDE, WHICH SHALL BE
 DISTRIBUTED AT NO COST TO ALL PUBLIC SCHOOL SEVENTH  GRADE  STUDENTS  ON
 THE FIRST DAY OF EACH SCHOOL YEAR, THAT INCLUDES:
   (I)  A  BREAKDOWN OF THE TOPICS COVERED BY THE SPECIALIZED HIGH SCHOOL
 ADMISSIONS TEST;
   (II) ACTUAL QUESTIONS USED ON THE  PREVIOUS  YEAR'S  SPECIALIZED  HIGH
 SCHOOL ADMISSIONS TEST; AND
   (III)  ANY OTHER INFORMATION THE CHANCELLOR DETERMINES WOULD BE APPRO-
 PRIATE TO PROVIDE TO ASSIST STUDENTS IN PREPARING  FOR  THE  SPECIALIZED
 HIGH SCHOOL ADMISSIONS TEST.
   (E)  ESTABLISH  AN  OUTREACH  PROGRAM  TO  RAISE  AWARENESS  ABOUT THE
 SPECIALIZED HIGH SCHOOL ADMISSIONS TEST, THE  TEST  PREPARATION  PROGRAM
 ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, AND THE TEST
 PREPARATION GUIDE DEVELOPED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION,  WHICH  COLLECTIVELY SHALL BE DEFINED FOR PURPOSES OF THIS SECTION
 AS THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS. SUCH  OUTREACH
 PROGRAM  SHALL PRIORITIZE ENGAGEMENT WITH ELIGIBLE STUDENTS, PARENTS AND
 GUARDIANS IN COMMUNITY DISTRICTS WITH LOW RATES OF  PUBLIC  HIGH  SCHOOL
 STUDENTS  ATTENDING  SPECIALIZED  HIGH  SCHOOLS  AND INCLUDE, BUT NOT BE
 LIMITED TO:

 A. 5570                             4
 
   (I) A DEDICATED OUTREACH STAFF THAT ENGAGES ELIGIBLE STUDENTS, PARENTS
 AND GUARDIANS AT MIDDLE SCHOOLS AND  APPROPRIATE  COMMUNITY  VENUES  AND
 EVENTS REGARDING THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS;
   (II) ADVERTISEMENTS, INCLUDING WITHIN MASS TRANSIT LOCATIONS;
   (III)  A  DIRECT  TELEPHONE  OUTREACH  CAMPAIGN FOR ELIGIBLE STUDENTS,
 PARENTS AND GUARDIANS TO RECEIVE AND SOLICIT INFORMATION  REGARDING  THE
 SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS;
   (IV)  DEDICATED MIDDLE SCHOOL SPECIALISTS ON STAFF AT THE 311 CUSTOMER
 SERVICE CENTER, AS DEFINED IN CHAPTER THREE OF TITLE TWENTY-THREE OF THE
 ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  FOR  ELIGIBLE  STUDENTS,
 PARENTS  AND GUARDIANS WHO SOLICIT INFORMATION REGARDING THE SPECIALIZED
 HIGH SCHOOL ADMISSIONS TEST OFFERINGS; AND
   (V) PARTNERSHIPS WITH COMMUNITY-BASED ORGANIZATIONS, THE NEW YORK CITY
 HOUSING AUTHORITY, THE MAYOR'S OFFICE OF IMMIGRANT AFFAIRS, AND THE  NEW
 YORK  CITY  DEPARTMENT  OF  HOMELESS  SERVICES TO FACILITATE OUTREACH TO
 ELIGIBLE STUDENTS, PARENTS AND GUARDIANS REGARDING THE SPECIALIZED  HIGH
 SCHOOL ADMISSIONS TEST OFFERINGS.
   §  5. Subdivision 2 of section 2590-h of the education law, as amended
 by chapter 720 of the laws of 1996, is amended to read as follows:
   2. Establish, control and operate new schools or programs of the types
 specified in subdivision one of this section, or to discontinue any such
 schools and programs as he or she may determine; provided, however, that
 [he] THE CHANCELLOR shall [consult]:
   (A) CONSULT with the affected community board before:
   [(a)] (I) substantially expanding or reducing such an existing  school
 or program within a community district;
   [(b)] (II) initially utilizing a community district school or facility
 for such a school or program;
   [(c)] (III) instituting any new program within a community district.
   (B)  ESTABLISH  BY  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
 FIVE ACADEMIC YEAR AT LEAST TEN SPECIALIZED HIGH SCHOOLS, IN  ACCORDANCE
 WITH  NEW  YORK CITY CHANCELLOR REGULATIONS ON SPECIALIZED HIGH SCHOOLS,
 IN ADDITION TO THOSE SPECIALIZED HIGH SCHOOLS IDENTIFIED IN  CLAUSE  (A)
 OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION,
 PROVIDED  HOWEVER  THAT  THE  MAJORITY  OF  THE SPECIALIZED HIGH SCHOOLS
 ESTABLISHED PURSUANT TO THIS PARAGRAPH ARE LOCATED IN AREAS THAT ARE  AT
 LEAST  TWO  MILES  AWAY  FROM  ANY SPECIALIZED HIGH SCHOOL IDENTIFIED IN
 CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 THIS SECTION.
   (C)  ESTABLISH  BY  THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE ACADEMIC YEAR A TEST PREPARATION PROGRAM AVAILABLE, AT NO COST, TO
 ALL PUBLIC SCHOOL STUDENTS IN THE SIXTH AND SEVENTH GRADES IN CONNECTION
 WITH THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST. THIS PROGRAM SHALL  BE
 OPTIONAL FOR SIXTH AND SEVENTH GRADE STUDENTS.
   (I) THE TEST PREPARATION PROGRAM CLASSES SHALL BE SCHEDULED OUTSIDE OF
 THE REGULAR OPERATING HOURS OF THE SCHOOL DAY AND INCLUDE CLASS SESSIONS
 MEETING  ON  SATURDAYS  DURING  THE  SCHOOL YEAR AND WEEKDAYS DURING THE
 SUMMER FOR STUDENTS COMPLETING SIXTH AND SEVENTH GRADE.
   (II) TRANSPORTATION AND MEALS SHALL BE PROVIDED TO ALL  PUBLIC  SCHOOL
 STUDENTS WHO ARE ELIGIBLE FOR THIS PROGRAM AT NO COST.
   (III)  THE  CHANCELLOR SHALL ESTABLISH PROCEDURES FOR NOTIFYING PUBLIC
 SCHOOL STUDENTS AND PARENTS OR GUARDIANS ABOUT THE AVAILABILITY OF  SUCH
 TEST  PREPARATION  PROGRAM  AT  LEAST TWICE DURING EACH OF THE STUDENTS'
 FIFTH GRADE AND SIXTH GRADE YEARS,  AT  EACH  PARENT-TEACHER  CONFERENCE
 OCCURRING DURING THOSE SCHOOL YEARS, AND THROUGH OTHER METHODS OF COMMU-
 NICATION DEEMED APPROPRIATE BY THE CHANCELLOR.

 A. 5570                             5
 
   (D)  PREPARE  AND  RELEASE  A  TEST  PREPARATION GUIDE, WHICH SHALL BE
 DISTRIBUTED AT NO COST TO ALL PUBLIC SCHOOL SEVENTH  GRADE  STUDENTS  ON
 THE FIRST DAY OF EACH SCHOOL YEAR, THAT INCLUDES:
   (I)  A  BREAKDOWN OF THE TOPICS COVERED BY THE SPECIALIZED HIGH SCHOOL
 ADMISSIONS TEST;
   (II) ACTUAL QUESTIONS USED ON THE  PREVIOUS  YEAR'S  SPECIALIZED  HIGH
 SCHOOL ADMISSIONS TEST; AND
   (III)  ANY OTHER INFORMATION THE CHANCELLOR DETERMINES WOULD BE APPRO-
 PRIATE TO PROVIDE TO ASSIST STUDENTS IN PREPARING  FOR  THE  SPECIALIZED
 HIGH SCHOOL ADMISSIONS TEST.
   (E)  ESTABLISH  AN  OUTREACH  PROGRAM  TO  RAISE  AWARENESS  ABOUT THE
 SPECIALIZED HIGH SCHOOL ADMISSIONS TEST, THE  TEST  PREPARATION  PROGRAM
 ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, AND THE TEST
 PREPARATION GUIDE DEVELOPED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION,  WHICH  COLLECTIVELY SHALL BE DEFINED FOR PURPOSES OF THIS SECTION
 AS THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS. SUCH  OUTREACH
 PROGRAM  SHALL PRIORITIZE ENGAGEMENT WITH ELIGIBLE STUDENTS, PARENTS AND
 GUARDIANS IN COMMUNITY DISTRICTS WITH LOW RATES OF  PUBLIC  HIGH  SCHOOL
 STUDENTS  ATTENDING  SPECIALIZED  HIGH  SCHOOLS  AND INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) A DEDICATED OUTREACH STAFF THAT ENGAGES ELIGIBLE STUDENTS, PARENTS
 AND GUARDIANS AT MIDDLE SCHOOLS AND  APPROPRIATE  COMMUNITY  VENUES  AND
 EVENTS REGARDING THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS;
   (II) ADVERTISEMENTS, INCLUDING WITHIN MASS TRANSIT LOCATIONS;
   (III)  A  DIRECT  TELEPHONE  OUTREACH  CAMPAIGN FOR ELIGIBLE STUDENTS,
 PARENTS AND GUARDIANS TO RECEIVE AND SOLICIT INFORMATION  REGARDING  THE
 SPECIALIZED HIGH SCHOOL ADMISSIONS TEST OFFERINGS;
   (IV)  DEDICATED MIDDLE SCHOOL SPECIALISTS ON STAFF AT THE 311 CUSTOMER
 SERVICE CENTER, AS DEFINED IN CHAPTER THREE OF TITLE TWENTY-THREE OF THE
 ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  FOR  ELIGIBLE  STUDENTS,
 PARENTS  AND GUARDIANS WHO SOLICIT INFORMATION REGARDING THE SPECIALIZED
 HIGH SCHOOL ADMISSIONS TEST OFFERINGS; AND
   (V) PARTNERSHIPS WITH COMMUNITY-BASED ORGANIZATIONS, THE NEW YORK CITY
 HOUSING AUTHORITY, THE MAYOR'S OFFICE OF IMMIGRANT AFFAIRS, AND THE  NEW
 YORK  CITY  DEPARTMENT  OF  HOMELESS  SERVICES TO FACILITATE OUTREACH TO
 ELIGIBLE STUDENTS, PARENTS AND GUARDIANS REGARDING THE SPECIALIZED  HIGH
 SCHOOL ADMISSIONS TEST OFFERINGS.
   §  6.  The  administrative  code of the city of New York is amended by
 adding a new section 21-974.1 to read as follows:
   § 21-974.1 GIFTED AND TALENTED PROGRAMS AND CLASSES.   NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, RULE, REGULATION OR LOCAL LAW TO THE CONTRA-
 RY, THE DEPARTMENT SHALL DIRECT:
   A.  EACH SCHOOL DISTRICT TO ESTABLISH BY THE TWO THOUSAND TWENTY-TWO--
 TWO THOUSAND TWENTY-THREE ACADEMIC YEAR AT LEAST ONE DISTRICT GIFTED AND
 TALENTED PROGRAM FOR KINDERGARTEN  THROUGH  FIFTH  GRADE  PUBLIC  SCHOOL
 STUDENTS  IN  ACCORDANCE  WITH  EXISTING  GIFTED AND TALENTED ADMISSIONS
 STANDARDS AND PROCESSES.
   B. EACH SCHOOL DISTRICT SHALL  REGISTER  ALL  ELIGIBLE  PUBLIC  SCHOOL
 STUDENTS  NOT CURRENTLY ENROLLED IN GIFTED AND TALENTED PROGRAMS TO TAKE
 THE GIFTED AND TALENTED ADMISSIONS EXAMINATION AS OF  THE  TWO  THOUSAND
 TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC YEAR. A PARENT OR GUARDI-
 AN  MAY  OPT-OUT  OF  THE  GIFTED AND TALENTED ADMISSIONS EXAMINATION ON
 BEHALF OF THAT STUDENT.
   § 7. The education law is amended by adding a new section 2590-b-1  to
 read as follows:

 A. 5570                             6
 
   §  2590-B-1. COMMISSION ON MIDDLE SCHOOL ACHIEVEMENT. 1. NO LATER THAN
 THIRTY DAYS FOLLOWING THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-ONE THAT ADDED THIS SECTION, THERE SHALL BE  ESTABLISHED
 A  COMMISSION  ON  MIDDLE  SCHOOL  ACHIEVEMENT  ("THE  COMMISSION"). THE
 COMMISSION  SHALL  PROVIDE GUIDANCE, ADVICE, AND MAKE RECOMMENDATIONS TO
 THE CHANCELLOR ON MATTERS PERTAINING TO  EDUCATION  POLICY,  PERFORMANCE
 AND INNOVATION IN MIDDLE SCHOOLS LOCATED IN THE CITY DISTRICT.
   2. THE MEMBERS OF THE COMMISSION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 REPRESENTATIVES  OF  ACADEMIC  INSTITUTIONS,  REPRESENTATIVES  OF PUBLIC
 EMPLOYEES, AND STAKEHOLDERS WITH EXPERIENCE  IN  EDUCATION  POLICY.  THE
 COMMISSION, WHICH SHALL INCLUDE AT LEAST ONE RESIDENT OF EACH BOROUGH OF
 THE  CITY  OF  NEW YORK, SHALL BE COMPOSED OF EIGHT MEMBERS APPOINTED AS
 FOLLOWS:
   (A) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (B) TWO MEMBERS APPOINTED BY THE MAJORITY LEADER OF THE SENATE; AND
   (C) FOUR MEMBERS APPOINTED BY THE GOVERNOR.
   3. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING  ANY
 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
 OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. ALL MEMBERS
 OF  THE  COMMISSION AND ITS SUBCOMMITTEES SHALL SERVE AT THE PLEASURE OF
 HIS OR HER RESPECTIVE APPOINTING AUTHORITY.
   4. THE COMMISSION SHALL VOTE FOR A CHAIR, OR CO-CHAIRS, FROM AMONG THE
 MEMBERS OF THE COMMISSION.
   5. A MAJORITY OF THE TOTAL MEMBERS OF THE  COMMISSION  WHO  HAVE  BEEN
 APPOINTED  SHALL  CONSTITUTE  A  QUORUM,  AND ALL RECOMMENDATIONS OF THE
 COMMISSION SHALL REQUIRE APPROVAL OF A MAJORITY OF  ITS  TOTAL  MEMBERS.
 ANY  SUBCOMMITTEE  SHALL  PRESENT  ITS  FINDINGS  TO  THE COMMISSION FOR
 APPROVAL.
   6. EVERY AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC  AUTHORITY  OF
 THIS  STATE AND OF THE CITY OF NEW YORK SHALL COOPERATE WITH THE COMMIS-
 SION AND FURNISH SUCH  INFORMATION  AND  ASSISTANCE  AS  THE  COMMISSION
 DETERMINES IS REASONABLY NECESSARY TO ACCOMPLISH ITS PURPOSES.
   7.  THE  COMMISSION SHALL ATTEMPT TO ENGAGE AND SOLICIT THE ADDITIONAL
 INPUT OF A BROAD AND DIVERSE RANGE OF GROUPS, ORGANIZATIONS,  AND  INDI-
 VIDUALS  WHO ARE NOT MEMBERS OF THE COMMISSION, INCLUDING, WITHOUT LIMI-
 TATION, MEMBERS OF SCHOOL BOARDS, SUPERINTENDENTS, PRINCIPALS, TEACHERS,
 PARENTS AND REPRESENTATIVES OF PUBLIC SECTOR EMPLOYEES, AND MAY  REQUEST
 DOCUMENTS,  CONDUCT PUBLIC HEARINGS, HEAR THE TESTIMONY OF WITNESSES AND
 TAKE ANY OTHER ACTIONS IT DEEMS NECESSARY TO CARRY OUT ITS PURPOSES.
   8. THE COMMISSION SHALL COMPREHENSIVELY REVIEW  AND  ASSESS  THE  CITY
 DISTRICT'S  MIDDLE  SCHOOLS,  INCLUDING THEIR STRUCTURE, OPERATIONS, AND
 PROCESSES, TO IDENTIFY SUCCESSFUL MODELS  AND  STRATEGIES  THAT  SUPPORT
 STUDENT  ACHIEVEMENT AND PROVIDE STUDENTS WITH A HIGH-QUALITY EDUCATION.
 SUCH REVIEW SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  EVALUATION  OF  THE
 FOLLOWING:
   (A)  TEACHER  RECRUITMENT  AND  PERFORMANCE,  INCLUDING INCENTIVES FOR
 TEACHER RETENTION AS WELL AS THE TEACHER PREPARATION, CERTIFICATION, AND
 EVALUATION SYSTEMS UTILIZED IN CITY DISTRICT MIDDLE SCHOOLS;
   (B) FACTORS THAT SUPPORT  STUDENT  ACHIEVEMENT  FROM  PRE-KINDERGARTEN
 THROUGH  MIDDLE  SCHOOL AND PREPARE STUDENTS FOR A SUCCESSFUL TRANSITION
 TO HIGH SCHOOL, INCLUDING, BUT NOT LIMITED TO CLASS SIZE, STUDENT-TEACH-
 ER RATIOS, AND AVAILABILITY OF  SUPPLEMENTAL  INDIVIDUALIZED  OR  SMALL-
 GROUP TUTORING;
   (C)  PARENT  AND FAMILY ENGAGEMENT, INCLUDING THE IMPACT OF THE SCHOOL
 CALENDAR,  SCHOOL  SCHEDULE  AND  DISTRICT-LEVEL  POLICIES  ON  PARENTAL
 INVOLVEMENT IN MIDDLE SCHOOL;

 A. 5570                             7
 
   (D)  UNIQUE  ISSUES FACED BY HIGH-NEED URBAN MIDDLE SCHOOLS, INCLUDING
 IDENTIFICATION OF SERVICES THAT THESE  DISTRICTS  MIGHT  REQUIRE  TO  BE
 SUCCESSFUL;
   (E)  PAST  FAILURES  TO IMPROVE PERFORMANCE AT UNDER-PERFORMING MIDDLE
 SCHOOLS; AND
   (F) WHETHER THE OVERALL STRUCTURE OF THE CITY  DISTRICT'S  MIDDLE  AND
 HIGH SCHOOL SYSTEM MEETS STUDENTS' NEEDS.
   9.  IN  CARRYING  OUT ITS RESPONSIBILITIES, THE COMMISSION SHALL STUDY
 NATIONAL AND INTERNATIONAL PUBLIC EDUCATION MODELS  AND  BEST  PRACTICES
 FOR THE EDUCATION OF MIDDLE SCHOOL-AGE CHILDREN AND MAKE RECOMMENDATIONS
 REGARDING WAYS TO INCREASE EDUCATIONAL PRODUCTIVITY AND STUDENT PERFORM-
 ANCE IN CITY DISTRICT'S MIDDLE SCHOOLS.
   10.  THE  COMMISSION SHALL MAKE FINAL RECOMMENDATIONS TO THE GOVERNOR,
 THE STATE LEGISLATURE, AND THE CHANCELLOR NO LATER THAN  DECEMBER  THIR-
 TY-FIRST,  TWO  THOUSAND TWENTY-ONE AT WHICH TIME IT SHALL TERMINATE ITS
 WORK AND BE RELIEVED OF ALL RESPONSIBILITIES AND DUTIES HEREUNDER.
   § 8. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  paragraph (b) of subdivision 1 of section 2590-h of
 the education law made by section two of this act shall  be  subject  to
 the  expiration  and reversion of such section pursuant to section 17 of
 chapter 345 of the laws of 2009, as amended, when upon such date section
 three of this act shall take effect; provided further, that  the  amend-
 ments  to  subdivision  2 of section 2590-h of the education law made by
 section four of this act shall be subject to the expiration  and  rever-
 sion  of  such  subdivision  pursuant to section 34 of chapter 91 of the
 laws of 2002, when upon such date section five of this  act  shall  take
 effect.