S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4407
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES, JEAN-PIERRE -- 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-ONE--TWO  THOUSAND TWENTY-TWO
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03699-01-1
              

 A. 4407                             2
 
   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
 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-TWO--TWO THOUSAND TWENTY-THREE 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

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 AGENCY, THAT, IN THE JUDGMENT OF THE EDUCATIONAL AGENCY, IS AN INDICATOR
 THAT  A  STUDENT  DEMONSTRATES  THE  ABILITY  TO  SUCCEED IN AN ADVANCED
 COURSE.
   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.