Bill Text: NY A02060 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes the chancellor of the city district to control and operate certain specialized high schools in the city of New York; establishes a commission on middle school achievement 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; provides for the repeal of certain provisions upon the expiration thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A02060 Detail]

Download: New_York-2023-A02060-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2060

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. WALKER -- 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:

     1    Section 1. Section 2590-a of the education law is amended by adding  a
     2  new subdivision 11 to read as follows:
     3    11.  Specialized  high  school admissions test.  The term "specialized
     4  high school admissions test" shall mean the competitive,  objective  and
     5  scholastic achievement examination required for admission to specialized
     6  high  schools  pursuant  to section twenty-five hundred ninety-g of this
     7  article in effect prior to the thirty-first of March,  nineteen  hundred
     8  ninety-seven.
     9    § 2. Paragraph (b) of subdivision 1 of section 2590-h of the education
    10  law,  as  amended by chapter 345 of the laws of 2009, is amended to read
    11  as follows:
    12    (b) all specialized [senior] high schools.
    13    (i) The [special] specialized high schools shall include  the  present
    14  schools known as:
    15    (A) The Bronx High School of Science, Stuyvesant High School, Brooklyn
    16  Technical  High  School,  Fiorello H. LaGuardia High School of Music and
    17  the Arts in the borough of Manhattan, Brooklyn Latin School, High School
    18  for Math, Science and Engineering at City College, High School for Amer-
    19  ican Studies at Lehman College, Queens High School for Sciences at  York
    20  College, and Staten Island Technical High School; and
    21    (B)  such further schools which the city board may designate from time
    22  to time. The special schools shall be permitted to maintain a  discovery
    23  program  in  accordance with the law in effect on the date preceding the
    24  effective date of this section; admissions to the special schools  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03746-01-3

        A. 2060                             2

     1  be  conducted in accordance with the law in effect on the date preceding
     2  the effective date of this section;
     3    (ii)  The  chancellor  shall  establish  procedures  to  ensure  that,
     4  commencing in the two  thousand  twenty-four--two  thousand  twenty-five
     5  academic  year  and  for each academic year thereafter, all eighth grade
     6  public school students take the specialized high school admissions test,
     7  provided, however, that:
     8    (A) the specialized high school admissions  test  takes  place  during
     9  regular  school  hours and shall be given no later than the thirty-first
    10  of October of each academic year; and
    11    (B) the procedures shall permit the parent or guardian of an  eligible
    12  student  to  opt  such student out of the specialized high school admis-
    13  sions test, at the parent or guardian's discretion for any reason.
    14    (iii) Notwithstanding any other provision of law, the chancellor shall
    15  undertake a periodic study of the  specialized  high  school  admissions
    16  test.
    17    (A) The periodic study shall evaluate:
    18    (1)  the specialized high school admissions test's predictive validity
    19  concerning students' performance at specialized high schools; and
    20    (2) whether questions on the specialized high school  admissions  test
    21  evidence  bias  on  the  basis  of sex, gender, race, religion or creed,
    22  national origin or ancestry, or income.
    23    (B) Such study shall be conducted by a qualified third party and occur
    24  on a schedule to be determined by the chancellor, but no less than every
    25  four years. The first study  pursuant  to  this  subparagraph  shall  be
    26  completed  and  the  results  published  pursuant  to clause (C) of this
    27  subparagraph no later than the fifteenth of July, two  thousand  twenty-
    28  five.
    29    (C)  The  results  of  each  such study shall be published on the city
    30  board's official internet website no later than one month after they are
    31  received by the chancellor. A copy of the study shall be filed with  the
    32  city board and made available to parent groups, community boards, commu-
    33  nity  superintendents,  and  school-based  management  teams in a manner
    34  determined by the chancellor.
    35    (D) The score of any specialized high school admissions  test  subject
    36  shall  not  be  released  or disclosed by the test agency to any person,
    37  organization, corporation, association, college, university, or  govern-
    38  mental  agency  or  subdivision  unless  specifically  authorized by the
    39  specialized high school admissions test subject. The  test  agency  may,
    40  however, release all scores received by a specialized high school admis-
    41  sions  test  subject  on  a test to anyone designated by the specialized
    42  high school admissions test subject to receive the current  score.  This
    43  section  shall  not  be  construed to prohibit the release of scores and
    44  other information in the possession of a test  agency  for  purposes  of
    45  research leading to studies and reports concerning the tests themselves.
    46  Such  studies and reports shall contain no information identifiable with
    47  any individual specialized high school admissions test subject  or  user
    48  institution unless authorized by such individual or institution.
    49    (iv)  The  chancellor  shall  establish  procedures to provide for the
    50  public release of the results  of  any  bias  and  sensitivity  analyses
    51  conducted as part of the specialized high school admissions test.
    52    §  3. Subdivision 2 of section 2590-h of the education law, as amended
    53  by chapter 345 of the laws of 2009, is amended to read as follows:
    54    2. Establish, control and operate new schools or programs of the types
    55  specified in subdivision one of this section, or to discontinue any such

        A. 2060                             3

     1  schools and programs as he or she may determine; provided, however, that
     2  the chancellor shall:
     3    (a)  consult  with  the  affected community district education council
     4  before:
     5    [(a)] (i) substantially expanding or reducing such an existing  school
     6  or program within a community district;
     7    [(b)] (ii) initially utilizing a community district school or facility
     8  for such a school or program; and
     9    [(c)] (iii) instituting any new program within a community district.
    10    (b) establish by the two thousand twenty-six--two thousand twenty-sev-
    11  en  academic  year  at least ten specialized high schools, in accordance
    12  with the chancellor's regulations on specialized high schools, in  addi-
    13  tion  to  those  specialized  high  schools  identified in clause (A) of
    14  subparagraph (i) of paragraph (b) of subdivision one  of  this  section,
    15  provided,  however,  that  the  majority of the specialized high schools
    16  established pursuant to this paragraph are located in areas that are  at
    17  least  two  miles  away  from  any specialized high school identified in
    18  clause (A) of subparagraph (i) of paragraph (b) of  subdivision  one  of
    19  this section.
    20    (c)  establish  by  the two thousand twenty-four--two thousand twenty-
    21  five academic year a test preparation program available, at no cost,  to
    22  all public-school students in the sixth and seventh grades in connection
    23  with  the specialized high school admissions test. This program shall be
    24  optional for sixth and seventh-grade students.
    25    (i) The test preparation program classes shall be scheduled outside of
    26  the regular operating hours of the school day and include class sessions
    27  meeting on Saturdays during the school  year  and  weekdays  during  the
    28  summer for students completing sixth and seventh grade.
    29    (ii)  Transportation  and meals shall be provided to all public school
    30  students who are eligible for this program at no cost.
    31    (iii) The chancellor shall establish procedures for  notifying  public
    32  school  students and parents or guardians about the availability of such
    33  test preparation program at least twice during  each  of  the  students'
    34  fifth and sixth grade years, at each parent-teacher conference occurring
    35  during  those  school  years, and through other methods of communication
    36  deemed appropriate by the chancellor.
    37    (d) prepare and release a  test  preparation  guide,  which  shall  be
    38  distributed  at  no  cost to all public school seventh grade students on
    39  the first day of each school year, that includes:
    40    (i) a breakdown of the topics covered by the specialized  high  school
    41  admissions test;
    42    (ii)  actual  questions  used  on the previous year's specialized high
    43  school admissions test; and
    44    (iii) any other information the chancellor determines would be  appro-
    45  priate  to  provide  to assist students in preparing for the specialized
    46  high school admissions test.
    47    (e) establish  an  outreach  program  to  raise  awareness  about  the
    48  specialized  high  school  admissions test, the test preparation program
    49  established pursuant to paragraph (c) of this subdivision, and the  test
    50  preparation  guide  developed pursuant to paragraph (d) of this subdivi-
    51  sion, which collectively shall be defined for purposes of  this  section
    52  as  the specialized high school admissions test offerings. Such outreach
    53  program shall prioritize engagement with eligible students, parents  and
    54  guardians  in  community  districts with low rates of public high school
    55  students attending specialized high schools  and  include,  but  not  be
    56  limited to:

        A. 2060                             4

     1    (i) a dedicated outreach staff that engages eligible students, parents
     2  and  guardians  at  middle  schools and appropriate community venues and
     3  events regarding the specialized high school admissions test offerings;
     4    (ii) advertisements, including within mass transit locations;
     5    (iii)  a  direct  telephone  outreach  campaign for eligible students,
     6  parents and guardians to receive and solicit information  regarding  the
     7  specialized high school admissions test offerings;
     8    (iv)  dedicated middle school specialists on staff at the 311 customer
     9  service center, as defined in chapter three of title twenty-three of the
    10  administrative code of the city of  New  York,  for  eligible  students,
    11  parents  and guardians who solicit information regarding the specialized
    12  high school admissions test offerings; and
    13    (v) partnerships with community-based organizations, the New York city
    14  housing authority, the mayor's office of immigrant affairs, and the  New
    15  York  city  department  of  homeless  services to facilitate outreach to
    16  eligible students, parents and guardians regarding the specialized  high
    17  school admissions test offerings.
    18    §  4.  The  administrative  code of the city of New York is amended by
    19  adding a new section 21-974.1 to read as follows:
    20    § 21-974.1 Gifted and talented programs and classes.   Notwithstanding
    21  any other provision of law, rule, regulation or local law to the contra-
    22  ry, the department shall direct:
    23    a.  Each school district to establish by the two thousand twenty-four-
    24  -two thousand twenty-five academic year at least one district gifted and
    25  talented program for kindergarten  through  fifth  grade  public  school
    26  students  in  accordance  with  existing  gifted and talented admissions
    27  standards and processes.
    28    b. Each school district shall  register  all  eligible  public  school
    29  students  not currently enrolled in gifted and talented programs to take
    30  the gifted and talented admissions examination as of  the  two  thousand
    31  twenty-four--two thousand twenty-five academic year. A parent or guardi-
    32  an  may  opt-out  of  the  gifted and talented admissions examination on
    33  behalf of such student.
    34    § 5. 1. No later than thirty days following the effective date of this
    35  act, there shall be established a commission on middle  school  achieve-
    36  ment  (hereinafter referred to as the "commission") to provide guidance,
    37  advice, and make recommendations to the chancellor of the city  district
    38  on matters pertaining to education policy, performance and innovation in
    39  New York city middle schools.
    40    2. The members of the commission shall include, but not be limited to,
    41  representatives  of  academic  institutions,  representatives  of public
    42  employees, and stakeholders with experience  in  education  policy.  The
    43  commission,  which  shall include at least two residents of each borough
    44  of New York city, shall be composed of 15 members appointed as follows:
    45    (a) five members appointed by the governor;
    46    (b) five members appointed by the majority leader of the senate; and
    47    (c) five members appointed by the speaker of the assembly.
    48    3. No member of the commission shall be disqualified from holding  any
    49  public office or employment, nor shall he or she forfeit any such office
    50  or employment by virtue of his or her appointment hereunder. All members
    51  of  the  commission and its subcommittees shall serve at the pleasure of
    52  their respective appointing authority.
    53    4. The commission shall select a chair, or co-chairs,  by  a  majority
    54  vote of all members of the commission.
    55    5.  A  majority  of  the total members of the commission who have been
    56  appointed shall constitute a quorum,  and  all  recommendations  of  the

        A. 2060                             5

     1  commission  shall  require  approval of a majority of its total members.
     2  Any subcommittee shall  present  its  findings  to  the  commission  for
     3  approval.
     4    6.  Every  agency, department, office, division or public authority of
     5  the state and of New York city shall cooperate with the  commission  and
     6  furnish  such information and assistance as the commission determines is
     7  reasonably necessary to accomplish its purposes.
     8    7. The commission shall attempt to engage and solicit  the  additional
     9  input  of  a broad and diverse range of groups, organizations, and indi-
    10  viduals who are not members of the commission, including, without  limi-
    11  tation, members of school boards, superintendents, principals, teachers,
    12  parents  and representatives of public sector employees, and may request
    13  documents, conduct public hearings, hear the testimony of witnesses  and
    14  take any other actions it deems necessary to carry out its purposes.
    15    8.  The  commission  shall  comprehensively review and assess New York
    16  city's middle schools, including their structure, operations, and  proc-
    17  esses, to identify successful models and strategies that support student
    18  achievement  and  provide  students  with a high-quality education. Such
    19  review shall include, but not be limited to, evaluation of  the  follow-
    20  ing:
    21    (i)  teacher  recruitment  and  performance,  including incentives for
    22  teacher retention as well as the teacher preparation, certification, and
    23  evaluation systems utilized in city district middle schools;
    24    (ii) factors that support student  achievement  from  pre-kindergarten
    25  through  middle  school and prepare students for a successful transition
    26  to high school, including, but not limited to class size, student-teach-
    27  er ratios, and availability of  supplemental  individualized  or  small-
    28  group tutoring;
    29    (iii) parent and family engagement, including the impact of the school
    30  calendar,  school  schedule  and  district-level  policies  on  parental
    31  involvement in middle school;
    32    (iv) unique issues faced by high-need urban middle schools,  including
    33  identification  of  services  that  these  districts might require to be
    34  successful;
    35    (v) past failures to improve performance  at  under-performing  middle
    36  schools; and
    37    (vi)  whether the overall structure of New York city's middle and high
    38  school system meets students' needs.
    39    9. In carrying out its responsibilities, the  commission  shall  study
    40  national  and  international  public education models and best practices
    41  for the education of middle school-age children and make recommendations
    42  regarding ways to increase educational productivity and student perform-
    43  ance in New York city middle schools.
    44    10. The commission shall make final recommendations to  the  governor,
    45  the  state  legislature,  and  the chancellor no later than December 31,
    46  2023.
    47    § 6. This act shall take effect immediately, provided, however, that:
    48    (a) the amendments to paragraph (b) of subdivision 1 and subdivision 2
    49  of section 2590-h of the education law made by sections two and three of
    50  this act shall not affect the expiration of such section and subdivision
    51  and shall be deemed to expire therewith; and
    52    (b) section five of this act  shall  expire  and  be  deemed  repealed
    53  December 31, 2023.
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