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
              

 A. 8435                             2
 
   (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.

 A. 8435                             3
 
   §  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

 A. 8435                             4
 
 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

 A. 8435                             5
 
 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

 A. 8435                             6
 
 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.