S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5765
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  admission  to  the
   specialized high schools in the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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. The [special] SPECIALIZED
 high schools shall include 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] & ART  AND  PERFORMING  ARTS,  and
 such  [further]  ADDITIONAL schools [which the city board may designate]
 AS MAY BE DESIGNATED BY THE CHANCELLOR from time to time. The  [special]
 SPECIALIZED  HIGH  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; PROVIDED THAT THE REQUIREMENT THAT A
 STUDENT WHO IS CONSIDERED FOR THE DISCOVERY PROGRAM ATTEND  AND  PASS  A
 PREPARATORY  PROGRAM ADMINISTERED BY THE SPECIALIZED HIGH SCHOOL, DEMON-
 STRATING THEREBY HIS OR  HER  ABILITY  TO  SUCCESSFULLY  COPE  WITH  THE
 SPECIALIZED  HIGH SCHOOL PROGRAM, SHALL REFER TO A PROGRAM THAT CAN TAKE
 PLACE DURING THE SCHOOL YEAR OR THE SUMMER; admissions to the  [special]
 SPECIALIZED  HIGH schools shall be conducted in accordance with [the law
 in effect on the date preceding the  effective  date  of  this]  section
 TWENTY-FIVE HUNDRED NINETY-H-L OF THIS ARTICLE;
   § 2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05988-01-3
 S. 5765                             2
              

 
   (b) all specialized [senior] high schools. The  [special]  SPECIALIZED
 high schools shall include 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] & ART AND PERFORMING ARTS, and
 such [further] ADDITIONAL schools [which the city board  may  designate]
 AS  MAY BE DESIGNATED BY THE CHANCELLOR from time to time. The [special]
 SPECIALIZED HIGH 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; PROVIDED THAT  THE  REQUIREMENT  THAT  A
 STUDENT  WHO  IS  CONSIDERED FOR THE DISCOVERY PROGRAM ATTEND AND PASS A
 PREPARATORY PROGRAM ADMINISTERED BY THE SPECIALIZED HIGH SCHOOL,  DEMON-
 STRATING  THEREBY  HIS  OR  HER  ABILITY  TO  SUCCESSFULLY COPE WITH THE
 SPECIALIZED HIGH SCHOOL PROGRAM, SHALL REFER TO A PROGRAM THAT CAN  TAKE
 PLACE  DURING THE SCHOOL YEAR OR THE SUMMER; admissions to the [special]
 SPECIALIZED HIGH schools shall be conducted in accordance with [the  law
 in  effect  on  the  date  preceding the effective date of this] section
 TWENTY-FIVE HUNDRED NINETY-H-1 OF THIS ARTICLE;
   § 3. The education law is amended by adding a new section 2590-h-1  to
 read as follows:
   § 2590-H-1. ADMISSIONS TO THE SPECIALIZED HIGH SCHOOLS.  1. ADMISSIONS
 TO  THE  SPECIALIZED  HIGH SCHOOLS SHALL BE CONDUCTED IN ACCORDANCE WITH
 THIS SECTION, PROVIDED  THAT  STUDENTS  MAY  ALSO  BE  ADMITTED  TO  THE
 SPECIALIZED  HIGH SCHOOLS FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE AND THE TWO THOUSAND  TWENTY-FIVE--TWO  THOUSAND  TWENTY-SIX
 SCHOOL  YEARS  PURSUANT TO THE DISCOVERY PROGRAM AS SET FORTH IN SECTION
 TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   2. FOR THE ADMISSIONS PROCESS CONDUCTED DURING THE TWO THOUSAND  TWEN-
 TY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR TO DETERMINE ADMISSIONS
 TO THE SPECIALIZED HIGH SCHOOLS FOR THE  TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND  TWENTY-FIVE  SCHOOL  YEAR,  STUDENTS WHO MEET THE CRITERIA SET
 FORTH IN THIS SUBDIVISION SHALL BE OFFERED ADMISSION TO THE  SPECIALIZED
 HIGH SCHOOLS IN THE FOLLOWING ORDER:
   (A)  STUDENTS ATTENDING PUBLIC SCHOOLS LOCATED IN THE CITY OF NEW YORK
 WHO ARE IN THE TOP THREE PERCENT OF THEIR EIGHTH GRADE CLASS, AS  CALCU-
 LATED  BASED  ON  MULTIPLE  MEASURES  OF STUDENT ACHIEVEMENT PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION, AND  WHO  ACHIEVE  A  COMPOSITE  SCORE
 ABOVE  OR  AT  THE  CUT-OFF COMPOSITE SCORE FOR THE SCHOOL SUCH STUDENTS
 HAVE COMMITTED THEMSELVES TO ATTEND, PURSUANT  TO  SUBDIVISION  FIVE  OF
 THIS  SECTION,  PROVIDED  THAT  SUCH STUDENTS SHALL ALSO RANK IN THE TOP
 QUARTER OF PUBLIC SCHOOL STUDENTS IN THE EIGHTH GRADE CITYWIDE BASED  ON
 SUCH MULTIPLE MEASURES OF STUDENT ACHIEVEMENT, AND PROVIDED FURTHER THAT
 OPENINGS  SHALL  BE  RESERVED FOR SUCH STUDENTS AT EACH SPECIALIZED HIGH
 SCHOOL AS SET FORTH IN SUBDIVISION SEVEN OF THIS SECTION;
   (B) STUDENTS IN THE CITY OF NEW YORK WHO TAKE A COMPETITIVE, OBJECTIVE
 AND SCHOLASTIC ACHIEVEMENT EXAMINATION IN THE EIGHTH GRADE AND ACHIEVE A
 SCORE ABOVE OR AT THE CUT-OFF SCORE FOR THE OPENINGS THAT REMAIN IN  THE
 SCHOOL FOR WHICH SUCH STUDENTS HAVE TAKEN THE EXAMINATION; AND
   (C) STUDENTS IN THE CITY OF NEW YORK WHO TAKE A COMPETITIVE, OBJECTIVE
 AND  SCHOLASTIC EXAMINATION IN THE NINTH GRADE AND ACHIEVE A SCORE ABOVE
 OR AT THE CUT-OFF SCORE FOR THE OPENINGS THAT REMAIN IN THE  SCHOOL  FOR
 WHICH SUCH STUDENTS HAVE TAKEN THE EXAMINATION.
   3.  FOR THE ADMISSIONS PROCESS CONDUCTED DURING THE TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR TO DETERMINE ADMISSIONS TO
 THE SPECIALIZED HIGH SCHOOLS FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOU-
 SAND TWENTY-SIX SCHOOL YEAR, STUDENTS WHO MEET THE CRITERIA SET FORTH IN
 S. 5765                             3
 
 THIS SUBDIVISION SHALL BE OFFERED  ADMISSION  TO  THE  SPECIALIZED  HIGH
 SCHOOLS IN THE FOLLOWING ORDER:
   (A)  STUDENTS ATTENDING PUBLIC SCHOOLS LOCATED IN THE CITY OF NEW YORK
 WHO ARE IN THE TOP FIVE PERCENT OF THEIR EIGHTH GRADE CLASS,  AS  CALCU-
 LATED  BASED  ON  MULTIPLE  MEASURES  OF STUDENT ACHIEVEMENT PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION, AND  WHO  ACHIEVE  A  COMPOSITE  SCORE
 ABOVE  OR  AT  THE  CUT-OFF COMPOSITE SCORE FOR THE SCHOOL SUCH STUDENTS
 HAVE COMMITTED THEMSELVES TO ATTEND PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION, PROVIDED THAT SUCH STUDENTS SHALL ALSO RANK IN THE TOP  QUARTER
 OF  PUBLIC  SCHOOL  STUDENTS  IN THE EIGHTH GRADE CITYWIDE BASED ON SUCH
 MULTIPLE MEASURES OF STUDENT  ACHIEVEMENT,  AND  PROVIDED  FURTHER  THAT
 OPENINGS  SHALL  BE  RESERVED FOR SUCH STUDENTS AT EACH SPECIALIZED HIGH
 SCHOOL AS SET FORTH IN SUBDIVISION SEVEN OF THIS SECTION;
   (B) STUDENTS IN THE CITY OF NEW YORK WHO TAKE A COMPETITIVE, OBJECTIVE
 AND SCHOLASTIC ACHIEVEMENT EXAMINATION IN THE EIGHTH GRADE AND ACHIEVE A
 SCORE ABOVE OR AT THE CUT-OFF SCORE FOR THE OPENINGS THAT REMAIN IN  THE
 SCHOOL FOR WHICH SUCH STUDENTS HAVE TAKEN THE EXAMINATION; AND
   (C) STUDENTS IN THE CITY OF NEW YORK WHO TAKE A COMPETITIVE, OBJECTIVE
 AND  SCHOLASTIC EXAMINATION IN THE NINTH GRADE AND ACHIEVE A SCORE ABOVE
 OR AT THE CUT-OFF SCORE FOR THE OPENINGS THAT REMAIN IN THE  SCHOOL  FOR
 WHICH SUCH STUDENTS HAVE TAKEN THE EXAMINATION.
   4.  FOR THE ADMISSIONS PROCESS CONDUCTED DURING THE TWO THOUSAND TWEN-
 TY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS
 TO DETERMINE ADMISSIONS TO THE SPECIALIZED  HIGH  SCHOOLS  FOR  THE  TWO
 THOUSAND  TWENTY-SIX--TWO  THOUSAND  TWENTY-SEVEN SCHOOL YEAR AND SUBSE-
 QUENT SCHOOL YEARS, STUDENTS WHO MEET THE CRITERIA  SET  FORTH  IN  THIS
 SUBDIVISION  SHALL  BE OFFERED ADMISSION TO THE SPECIALIZED HIGH SCHOOLS
 IN THE FOLLOWING ORDER:
   (A) STUDENTS ATTENDING PUBLIC SCHOOLS LOCATED IN THE CITY OF NEW  YORK
 WHO  ARE  IN  THE TOP FIVE TO SEVEN PERCENT OF THEIR EIGHTH GRADE CLASS,
 SUCH PERCENTAGE TO BE DETERMINED TO ALLOW OPENINGS TO REMAIN FOR  ADMIS-
 SION  PURSUANT  TO  PARAGRAPH  (B) OF THIS SUBDIVISION AND AS CALCULATED
 BASED ON MULTIPLE MEASURES OF STUDENT  ACHIEVEMENT,  DETERMINED  AS  SET
 FORTH  IN  SUBDIVISION FIVE OF THIS SECTION, AND WHO ACHIEVE A COMPOSITE
 SCORE ABOVE OR AT THE  CUT-OFF  COMPOSITE  SCORE  FOR  THE  SCHOOL  SUCH
 STUDENTS HAVE COMMITTED THEMSELVES TO ATTEND, DETERMINED AS SET FORTH IN
 SUBDIVISION FIVE OF THIS SECTION, PROVIDED THAT SUCH STUDENTS SHALL ALSO
 RANK  IN  THE  TOP QUARTER OF PUBLIC SCHOOL STUDENTS IN THE EIGHTH GRADE
 CITYWIDE BASED ON SUCH MULTIPLE MEASURES  OF  STUDENT  ACHIEVEMENT,  AND
 PROVIDED  FURTHER  THAT  OPENINGS SHALL BE RESERVED FOR SUCH STUDENTS AT
 EACH SPECIALIZED HIGH SCHOOL AS SET FORTH IN SUBDIVISION SEVEN  OF  THIS
 SECTION; AND
   (B)  STUDENTS  IN  THE CITY OF NEW YORK WHO HAVE A MINIMUM GRADE POINT
 AVERAGE OF 3.7, PROVIDED SUCH STUDENTS SHALL BE  ADMITTED  BY  A  RANDOM
 SELECTION PROCESS FOR THE OPENINGS THAT REMAIN IN EACH SCHOOL.
   5.  THE  CHANCELLOR  SHALL  DETERMINE THE MULTIPLE MEASURES OF STUDENT
 ACHIEVEMENT AS REFERENCED IN THIS SECTION, AND THE WEIGHT OF  EACH  SUCH
 MEASURE,  PROVIDED  THAT  SUCH  MEASURES  SHALL  INCLUDE ACADEMIC COURSE
 GRADES AND STANDARDIZED TEST SCORES. A DESCRIPTION OF SUCH MEASURES  AND
 THE  WEIGHT ACCORDED TO EACH SHALL BE MADE PUBLICLY AVAILABLE, INCLUDING
 ON THE WEBSITE OF THE CITY SCHOOL DISTRICT. A STUDENT WHO  IS  EVALUATED
 BASED  ON  SUCH  MEASURES  FOR THE PURPOSES OF THIS SUBDIVISION SHALL BE
 ASSIGNED A COMPOSITE SCORE BASED ON SUCH WEIGHTED  MEASURES.  OFFERS  OF
 ADMISSION  TO THE SPECIALIZED HIGH SCHOOLS PURSUANT TO PARAGRAPHS (A) OF
 SUBDIVISIONS TWO THROUGH FOUR OF THIS SECTION  SHALL  BE  DETERMINED  BY
 ARRANGING  THE  COMPOSITE  SCORES  OF ALL STUDENTS WHO ARE ASSIGNED SUCH
 S. 5765                             4
 
 SCORES AND WHO THEN COMMIT THEMSELVES TO ATTEND A PARTICULAR SPECIALIZED
 HIGH SCHOOL IN DESCENDING ORDER FROM THE HIGHEST SCORE AND COUNTING DOWN
 TO THE CUT-OFF COMPOSITE SCORE, WHICH SHALL BE THE  COMPOSITE  SCORE  OF
 THE LAST STUDENT WHO RECEIVES AN OFFER OF ADMISSION TO SUCH SCHOOL BASED
 ON  THE  NUMBER  OF  OPENINGS  AVAILABLE IN SUCH SCHOOL PURSUANT TO SUCH
 PARAGRAPH.
   6. OFFERS OF ADMISSION TO THE SPECIALIZED  HIGH  SCHOOLS  PURSUANT  TO
 PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISIONS TWO AND THREE OF THIS SECTION
 SHALL BE DETERMINED BY ARRANGING THE SCORES OF ALL  THE  CANDIDATES  WHO
 TOOK  THE COMPETITIVE, OBJECTIVE AND SCHOLASTIC EXAMINATION AND WHO THEN
 COMMIT THEMSELVES TO ATTEND A  PARTICULAR  SPECIALIZED  HIGH  SCHOOL  IN
 DESCENDING ORDER FROM THE HIGHEST SCORE AND COUNTING DOWN TO THE CUT-OFF
 SCORE,  WHICH  SHALL  BE THE SCORE OF THE LAST CANDIDATE WHO RECEIVES AN
 OFFER OF ADMISSION TO SUCH SCHOOL BASED ON THE NUMBER OF OPENINGS AVAIL-
 ABLE IN SUCH SCHOOL.
   7. THE NUMBER OF OPENINGS RESERVED AT EACH SPECIALIZED HIGH SCHOOL FOR
 STUDENTS WHO MEET THE CRITERIA SET FORTH IN PARAGRAPHS (A)  OF  SUBDIVI-
 SIONS  TWO THROUGH FOUR OF THIS SECTION SHALL BE DETERMINED BY MULTIPLY-
 ING: (A) THE TOTAL NUMBER OF NINTH  GRADE  AVAILABLE  OPENINGS  AT  SUCH
 SCHOOL; BY (B) THE NUMBER OF STUDENTS WHO MEET THE CRITERIA SET FORTH IN
 PARAGRAPHS  (A) OF SUBDIVISIONS TWO THROUGH FOUR OF THIS SECTION DIVIDED
 BY THE AGGREGATE NUMBER OF NINTH GRADE AVAILABLE  OPENINGS  IN  ALL  THE
 SPECIALIZED HIGH SCHOOLS.
   8.  NOTWITHSTANDING  ANY  PROVISION  TO THE CONTRARY, ADMISSION TO THE
 FIORELLO H.  LAGUARDIA HIGH SCHOOL OF MUSIC & ART AND  PERFORMING  ARTS,
 AND  OTHER  SCHOOLS  OF  THE  ARTS  THAT  MAY BE ESTABLISHED PURSUANT TO
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE,  SHALL  BE  DETER-
 MINED BY A STUDENT'S DEMONSTRATED ABILITIES IN MUSIC OR THE ARTS AS WELL
 AS SUCH STUDENT'S SCHOLASTIC ACHIEVEMENT.
   §  4.  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 one of this act shall be subject to
 the expiration and reversion of such section pursuant to subdivision  12
 of  section  17 of chapter 345 of the laws of 2009, as amended when upon
 such date the provisions of section two of this act shall take effect.