S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2060
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the education law and the administrative code of the
   city of New York, in relation to authorizing  the  chancellor  of  the
   city  district to control and operate certain specialized high schools
   in the city of New York and to establish a commission on middle school
   achievement; and providing for the repeal of certain  provisions  upon
   the expiration thereof
 
   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 IN EFFECT PRIOR TO THE THIRTY-FIRST OF MARCH,  NINETEEN  HUNDRED
 NINETY-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  the  present
 schools known as:
   (A) 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 AMER-
 ICAN STUDIES AT LEHMAN COLLEGE, QUEENS HIGH SCHOOL FOR SCIENCES AT  YORK
 COLLEGE, AND STATEN ISLAND TECHNICAL HIGH SCHOOL; and
   (B)  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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03746-01-3
 A. 2060                             2
 
 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-FOUR--TWO  THOUSAND  TWENTY-FIVE
 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 SHALL BE GIVEN NO LATER THAN THE THIRTY-FIRST
 OF OCTOBER OF EACH ACADEMIC YEAR; AND
   (B) THE PROCEDURES SHALL PERMIT THE PARENT OR GUARDIAN OF AN  ELIGIBLE
 STUDENT  TO  OPT  SUCH STUDENT OUT OF THE SPECIALIZED HIGH SCHOOL ADMIS-
 SIONS TEST, AT THE PARENT OR GUARDIAN'S DISCRETION FOR ANY REASON.
   (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHANCELLOR SHALL
 UNDERTAKE A PERIODIC STUDY OF THE  SPECIALIZED  HIGH  SCHOOL  ADMISSIONS
 TEST.
   (A) THE PERIODIC STUDY SHALL EVALUATE:
   (1)  THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST'S PREDICTIVE VALIDITY
 CONCERNING STUDENTS' PERFORMANCE AT SPECIALIZED HIGH SCHOOLS; AND
   (2) WHETHER QUESTIONS ON THE SPECIALIZED HIGH SCHOOL  ADMISSIONS  TEST
 EVIDENCE  BIAS  ON  THE  BASIS  OF SEX, GENDER, RACE, RELIGION OR CREED,
 NATIONAL ORIGIN OR ANCESTRY, OR INCOME.
   (B) SUCH STUDY SHALL BE CONDUCTED BY A QUALIFIED THIRD PARTY AND OCCUR
 ON A SCHEDULE TO BE DETERMINED BY THE CHANCELLOR, BUT NO LESS THAN EVERY
 FOUR YEARS. THE FIRST STUDY  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL  BE
 COMPLETED  AND  THE  RESULTS  PUBLISHED  PURSUANT  TO CLAUSE (C) OF THIS
 SUBPARAGRAPH NO LATER THAN THE FIFTEENTH OF JULY, TWO  THOUSAND  TWENTY-
 FIVE.
   (C)  THE  RESULTS  OF  EACH  SUCH STUDY SHALL BE PUBLISHED ON THE CITY
 BOARD'S OFFICIAL INTERNET WEBSITE NO LATER THAN ONE MONTH AFTER THEY ARE
 RECEIVED BY THE CHANCELLOR. A COPY OF THE STUDY SHALL BE FILED WITH  THE
 CITY BOARD AND MADE AVAILABLE TO PARENT GROUPS, COMMUNITY BOARDS, COMMU-
 NITY  SUPERINTENDENTS,  AND  SCHOOL-BASED  MANAGEMENT  TEAMS IN A MANNER
 DETERMINED BY THE CHANCELLOR.
   (D) THE SCORE OF ANY SPECIALIZED HIGH SCHOOL ADMISSIONS  TEST  SUBJECT
 SHALL  NOT  BE  RELEASED  OR DISCLOSED BY THE TEST AGENCY TO ANY PERSON,
 ORGANIZATION, CORPORATION, ASSOCIATION, COLLEGE, UNIVERSITY, OR  GOVERN-
 MENTAL  AGENCY  OR  SUBDIVISION  UNLESS  SPECIFICALLY  AUTHORIZED BY THE
 SPECIALIZED HIGH SCHOOL ADMISSIONS TEST SUBJECT. THE  TEST  AGENCY  MAY,
 HOWEVER, RELEASE ALL SCORES RECEIVED BY A SPECIALIZED HIGH SCHOOL ADMIS-
 SIONS  TEST  SUBJECT  ON  A TEST TO ANYONE DESIGNATED BY THE SPECIALIZED
 HIGH SCHOOL ADMISSIONS TEST SUBJECT TO RECEIVE THE CURRENT  SCORE.  THIS
 SECTION  SHALL  NOT  BE  CONSTRUED TO PROHIBIT THE RELEASE OF SCORES AND
 OTHER INFORMATION IN THE POSSESSION OF A TEST  AGENCY  FOR  PURPOSES  OF
 RESEARCH LEADING TO STUDIES AND REPORTS CONCERNING THE TESTS THEMSELVES.
 SUCH  STUDIES AND REPORTS SHALL CONTAIN NO INFORMATION IDENTIFIABLE WITH
 ANY INDIVIDUAL SPECIALIZED HIGH SCHOOL ADMISSIONS TEST SUBJECT  OR  USER
 INSTITUTION UNLESS AUTHORIZED BY SUCH INDIVIDUAL OR INSTITUTION.
   (IV)  THE  CHANCELLOR  SHALL  ESTABLISH  PROCEDURES TO PROVIDE FOR THE
 PUBLIC RELEASE OF THE RESULTS  OF  ANY  BIAS  AND  SENSITIVITY  ANALYSES
 CONDUCTED AS PART OF THE SPECIALIZED HIGH SCHOOL ADMISSIONS TEST.
   §  3. 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
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 schools and programs as he or she may determine; provided, however, that
 the chancellor shall:
   (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; AND
   [(c)] (III) instituting any new program within a community district.
   (B) ESTABLISH BY THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEV-
 EN  ACADEMIC  YEAR  AT LEAST TEN SPECIALIZED HIGH SCHOOLS, IN ACCORDANCE
 WITH THE CHANCELLOR'S REGULATIONS ON SPECIALIZED HIGH SCHOOLS, IN  ADDI-
 TION  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-FOUR--TWO THOUSAND TWENTY-
 FIVE 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 AND SIXTH GRADE YEARS, AT EACH PARENT-TEACHER CONFERENCE OCCURRING
 DURING  THOSE  SCHOOL  YEARS, AND THROUGH OTHER METHODS OF COMMUNICATION
 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:
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   (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.
   §  4.  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-FOUR-
 -TWO THOUSAND TWENTY-FIVE 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-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR. A PARENT OR GUARDI-
 AN  MAY  OPT-OUT  OF  THE  GIFTED AND TALENTED ADMISSIONS EXAMINATION ON
 BEHALF OF SUCH STUDENT.
   § 5. 1. No later than thirty days following the effective date of this
 act, there shall be established a commission on middle  school  achieve-
 ment  (hereinafter referred to as the "commission") to provide guidance,
 advice, and make recommendations to the chancellor of the city  district
 on matters pertaining to education policy, performance and innovation in
 New York city middle schools.
   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 two residents of each borough
 of New York city, shall be composed of 15 members appointed as follows:
   (a) five members appointed by the governor;
   (b) five members appointed by the majority leader of the senate; and
   (c) five members appointed by the speaker of the assembly.
   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
 their respective appointing authority.
   4. The commission shall select a chair, or co-chairs,  by  a  majority
 vote of all 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
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 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
 the state and of New York city shall cooperate with the  commission  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 New York
 city's middle schools, including their structure, operations, and  proc-
 esses, 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  follow-
 ing:
   (i)  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;
   (ii) 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;
   (iii) parent and family engagement, including the impact of the school
 calendar,  school  schedule  and  district-level  policies  on  parental
 involvement in middle school;
   (iv) unique issues faced by high-need urban middle schools,  including
 identification  of  services  that  these  districts might require to be
 successful;
   (v) past failures to improve performance  at  under-performing  middle
 schools; and
   (vi)  whether the overall structure of New York city'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 New York city middle schools.
   10. The commission shall make final recommendations to  the  governor,
 the  state  legislature,  and  the chancellor no later than December 31,
 2023.
   § 6. This act shall take effect immediately, provided, however, that:
   (a) the amendments to paragraph (b) of subdivision 1 and subdivision 2
 of section 2590-h of the education law made by sections two and three of
 this act shall not affect the expiration of such section and subdivision
 and shall be deemed to expire therewith; and
   (b) section five of this act  shall  expire  and  be  deemed  repealed
 December 31, 2023.