S T A T E O F N E W Y O R K
________________________________________________________________________
8435
2019-2020 Regular Sessions
I N A S S E M B L Y
July 3, 2019
___________
Introduced by M. of A. ABBATE, COLTON -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13382-01-9
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(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
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 THOUSAND TWENTY-ONE 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-
ONE.
(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.
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§ 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
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-TWO--TWO THOUSAND TWENTY-
THREE 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--TWO THOUSAND TWENTY-ONE
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
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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.
§ 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--TWO
THOUSAND TWENTY-ONE 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 THOUSAND TWENTY-ONE ACADEMIC YEAR. A PARENT OR GUARDIAN 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 fifteen 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
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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
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 the thirty-first
of December, two thousand nineteen.
§ 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
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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, 2019.