S T A T E O F N E W Y O R K
________________________________________________________________________
9697
I N A S S E M B L Y
February 5, 2020
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to expanding access to
advanced courses to improve educational equity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 817 to
read as follows:
§ 817. EXPANDING ACCESS TO ADVANCED COURSES TO IMPROVE EDUCATIONAL
EQUITY. 1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. "ADVANCED COURSE" MEANS AS FOLLOWS: (I) IN MIDDLE SCHOOL, ANY
COURSE THAT LEADS TO A HIGH SCHOOL LEVEL REGENTS EXAMINATION OR ANY
HONORS, GIFTED, OR ACCELERATED COURSE; AND (II) IN HIGH SCHOOL, ANY
HONORS, GIFTED, ACCELERATED, ADVANCED PLACEMENT, INTERNATIONAL BACCALAU-
REATE, OR DUAL OR CONCURRENT ENROLLMENT COURSE OR PROGRAM.
B. "EARLY COLLEGE AND CAREER EXPERIENCES" MEANS DUAL OR CONCURRENT
ENROLLMENT COURSES AND PROGRAMS, WORK-BASED LEARNING OPPORTUNITIES,
APPRENTICESHIPS, AND COURSES OR EXAMINATIONS FOR WHICH A STUDENT MAY
EARN COLLEGE CREDIT OR AN INDUSTRY-RECOGNIZED CERTIFICATION.
C. "EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT OR PUBLIC ELEMENTARY
OR SECONDARY SCHOOL.
D. "PARENT" MEANS A PARENT, LEGAL GUARDIAN, OR PERSON IN PARENTAL
RELATION TO A STUDENT.
2. PROVIDING TRANSPARENCY AND SUPPORT FOR PARENTS AND STUDENTS. A.
STARTING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR, EACH EDUCATIONAL AGENCY SHALL ANNUALLY PROVIDE NOTIFICATION TO
PARENTS AND STUDENTS OF THE BENEFITS AND THE OPPORTUNITIES WITHIN THE
EDUCATIONAL AGENCY OF PARTICIPATING IN ADVANCED COURSES AND OTHER EARLY
COLLEGE AND CAREER EXPERIENCES.
B. FOR STUDENTS IN GRADES FIVE THROUGH SIX, SUCH NOTIFICATION SHALL
INCLUDE:
(I) A CLEAR AND UNDERSTANDABLE DESCRIPTION OF THE MIDDLE AND HIGH
SCHOOL COURSES STUDENTS SHOULD TAKE IN ORDER TO BE PREPARED FOR ENTRY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14615-02-0
A. 9697 2
AND SUCCESS IN COLLEGE, THE WORKFORCE, AND ACTIVE CITIZENSHIP, INCLUDING
BUT NOT LIMITED TO ADVANCED COURSES;
(II) LANGUAGE ADVISING STUDENTS AND PARENTS OF THE BENEFITS OF PARTIC-
IPATING IN ADVANCED COURSES AND OTHER EARLY COLLEGE AND CAREER EXPERI-
ENCES; AND
(III) A DESCRIPTION OF THE ADVANCED COURSES OFFERED BY THE SCHOOL
DISTRICT IN MIDDLE AND HIGH SCHOOL AND HOW TO PREPARE FOR AND ENROLL IN
THEM.
C. FOR STUDENTS PREPARING TO ENTER GRADES SEVEN THROUGH TWELVE, SUCH
NOTIFICATION SHALL OCCUR BY JANUARY FIRST OF EACH SCHOOL YEAR OR TWO
WEEKS BEFORE REGISTRATION FOR CLASSES FOR THE UPCOMING SCHOOL YEAR,
WHICHEVER IS EARLIER, AND SHALL INCLUDE:
(I) A CLEAR AND UNDERSTANDABLE DESCRIPTION OF THE COURSES STUDENTS
SHOULD TAKE IN THE APPLICABLE GRADE SPAN IN ORDER TO BE PREPARED FOR
ENTRY AND SUCCESS IN COLLEGE, THE WORKFORCE, AND ACTIVE CITIZENSHIP,
INCLUDING BUT NOT LIMITED TO ADVANCED COURSES;
(II) LANGUAGE ADVISING STUDENTS AND PARENTS OF THE BENEFITS OF PARTIC-
IPATING IN ADVANCED COURSES AND OTHER EARLY COLLEGE AND CAREER EXPERI-
ENCES;
(III) A DESCRIPTION OF THE ADVANCED COURSES AND EARLY COLLEGE AND
CAREER EXPERIENCES TO BE OFFERED BY THE SCHOOL AND SCHOOL DISTRICT IN
THE FOLLOWING SCHOOL YEAR; AND
(IV) A DESCRIPTION OF THE ACADEMIC AND NON-ACADEMIC SUPPORT THE SCHOOL
AND SCHOOL DISTRICT PROVIDE TO HELP STUDENTS SUCCEED IN ADVANCED COURS-
ES, AS WELL AS ANY FINANCIAL ASSISTANCE AVAILABLE TO REDUCE OR ELIMINATE
ANY COSTS ASSOCIATED WITH PARTICIPATION IN ADVANCED COURSES, INCLUDING
BUT NOT LIMITED TO RELATED FEES, SUPPLIES, AND ASSESSMENTS.
D. NOTIFICATION UNDER THIS SUBDIVISION SHALL BE PROVIDED IN NO FEWER
THAN THE FIVE MOST COMMONLY SPOKEN LANGUAGES IN THE EDUCATIONAL AGENCY,
PROVIDED THAT, IF AN EDUCATIONAL AGENCY HAS A POLICY TO PROVIDE INFORMA-
TION IN MORE THAN FIVE LANGUAGES, THE EDUCATIONAL AGENCY SHALL ADHERE TO
SUCH POLICY.
E. NOTIFICATION UNDER THIS SUBDIVISION SHALL BE PROVIDED ELECTRON-
ICALLY OR BY MAIL AND BE POSTED ON THE EDUCATIONAL AGENCY'S WEBSITE.
F. THE DEPARTMENT SHALL DEVELOP MODEL NOTIFICATION TEMPLATES FOR USE
BY EDUCATIONAL AGENCIES AND SHALL TRANSLATE SUCH MODEL NOTIFICATIONS
INTO NO FEWER THAN THE TEN MOST COMMONLY SPOKEN LANGUAGES IN THE STATE.
3. AUTOMATIC ENROLLMENT IN ADVANCED COURSES. A. STARTING WITH THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, EACH SCHOOL
DISTRICT SHALL ADOPT A POLICY PROVIDING FOR AUTOMATIC ENROLLMENT IN
ADVANCED COURSEWORK. SUCH POLICY SHALL AUTOMATICALLY ENROLL ANY STUDENT
ENTERING GRADES SEVEN THROUGH TWELVE WHO DEMONSTRATES READINESS AS
PROVIDED IN THIS SUBDIVISION IN THE NEXT LEVEL OF ADVANCED COURSE
OFFERED BY THE EDUCATIONAL AGENCY. SUCH POLICY SHALL INCLUDE AUTOMATIC
ENROLLMENT IN ADVANCED COURSES IN ENGLISH LANGUAGE ARTS, MATH, AND
SCIENCE, AND MAY INCLUDE ANY ADDITIONAL SUBJECTS AS DETERMINED BY THE
EDUCATIONAL AGENCY.
B. STUDENTS SHALL BE ABLE TO DEMONSTRATE READINESS USING ONE OF MULTI-
PLE MEASURES ON A LIST PROMULGATED BY THE COMMISSIONER SPECIFYING SUCH
MEASURES. SUCH LIST SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, SCORING
PROFICIENT OR ADVANCED ON A STATEWIDE ASSESSMENT, AND SHALL INCLUDE
OTHER MEASURES, APPLIED TO ALL STUDENTS ENROLLED IN THE EDUCATIONAL
AGENCY, THAT, IN THE JUDGMENT OF THE EDUCATIONAL AGENCY, IS AN INDICATOR
THAT A STUDENT DEMONSTRATES THE ABILITY TO SUCCEED IN AN ADVANCED
COURSE.
A. 9697 3
C. THE EDUCATIONAL AGENCY SHALL NOTIFY STUDENTS AND PARENTS THAT THE
STUDENT HAS DEMONSTRATED READINESS FOR ONE OR MORE ADVANCED COURSES
PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
D. IF THE NUMBER OF STUDENTS ELIGIBLE FOR AUTOMATIC ENROLLMENT IN
ADVANCED COURSES EXCEED THE AVAILABLE NUMBER OF SEATS IN SUCH COURSES,
THE EDUCATIONAL AGENCY MAY INCLUDE ADDITIONAL ELIGIBILITY CRITERIA FOR
STUDENTS TO PARTICIPATE IN ADVANCED COURSES, PROVIDED THAT THE CRITERIA
DOES NOT RESULT IN INEQUITIES OR DISPARITIES IN ACCESS TO ADVANCED
COURSES OR PROGRAMS.
E. AN EDUCATIONAL AGENCY SHALL PERMIT A PARENT OF A STUDENT TO REMOVE
THE STUDENT FROM AN ADVANCED COURSE IN WHICH THE STUDENT HAS BEEN AUTO-
MATICALLY ENROLLED AND TO EXEMPT THE STUDENT FROM ANY AUTOMATIC ENROLL-
MENT IN ADVANCED COURSES.
§ 2. This act shall take effect immediately.