STATE OF NEW YORK ________________________________________________________________________ 4107 2025-2026 Regular Sessions IN SENATE February 3, 2025 ___________ Introduced by Sens. COMRIE, GOUNARDES, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on New York City 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05333-01-5
S. 4107 2 1 effective date of this section; admissions to the special schools shall 2 be conducted in accordance with the law in effect on the date preceding 3 the effective date of this section; 4 (ii) The chancellor shall establish procedures to ensure that, 5 commencing in the two thousand twenty-six--two thousand twenty-seven 6 academic year and for each academic year thereafter, all eighth grade 7 public school students take the specialized high school admissions test, 8 provided, however, that: 9 (A) the specialized high school admissions test takes place during 10 regular school hours and shall be given no later than the thirty-first 11 of October of each academic year; and 12 (B) the procedures shall permit the parent or guardian of an eligible 13 student to opt such student out of the specialized high school admis- 14 sions test, at the parent or guardian's discretion for any reason. 15 (iii) Notwithstanding any other provision of law, the chancellor shall 16 undertake a periodic study of the specialized high school admissions 17 test. 18 (A) The periodic study shall evaluate: 19 (1) the specialized high school admissions test's predictive validity 20 concerning students' performance at specialized high schools; and 21 (2) whether questions on the specialized high school admissions test 22 evidence bias on the basis of sex, gender, race, religion or creed, 23 national origin or ancestry, or income. 24 (B) Such study shall be conducted by a qualified third party and occur 25 on a schedule to be determined by the chancellor, but no less than every 26 four years. The first study pursuant to this subparagraph shall be 27 completed and the results published pursuant to clause (C) of this 28 subparagraph no later than the fifteenth of July, two thousand twenty- 29 seven. 30 (C) The results of each such study shall be published on the city 31 board's official internet website no later than one month after they are 32 received by the chancellor. A copy of the study shall be filed with the 33 city board and made available to parent groups, community boards, commu- 34 nity superintendents, and school-based management teams in a manner 35 determined by the chancellor. 36 (D) The score of any specialized high school admissions test subject 37 shall not be released or disclosed by the test agency to any person, 38 organization, corporation, association, college, university, or govern- 39 mental agency or subdivision unless specifically authorized by the 40 specialized high school admissions test subject. The test agency may, 41 however, release all scores received by a specialized high school admis- 42 sions test subject on a test to anyone designated by the specialized 43 high school admissions test subject to receive the current score. This 44 section shall not be construed to prohibit the release of scores and 45 other information in the possession of a test agency for purposes of 46 research leading to studies and reports concerning the tests themselves. 47 Such studies and reports shall contain no information identifiable with 48 any individual specialized high school admissions test subject or user 49 institution unless authorized by such individual or institution. 50 (iv) The chancellor shall establish procedures to provide for the 51 public release of the results of any bias and sensitivity analyses 52 conducted as part of the specialized high school admissions test. 53 § 3. Subdivision 2 of section 2590-h of the education law, as amended 54 by chapter 345 of the laws of 2009, is amended to read as follows: 55 2. Establish, control and operate new schools or programs of the types 56 specified in subdivision one of this section, or to discontinue any such
S. 4107 3 1 schools and programs as [he or she] such chancellor may determine; 2 provided, however, that 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-eight--two thousand twenty- 11 nine 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-six--two thousand twenty-sev- 21 en 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:
S. 4107 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-six-- 24 two thousand twenty-seven 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-six--two thousand twenty-seven 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 such member forfeit any such 50 office or employment by virtue of such member's appointment hereunder. 51 All members of the commission and its subcommittees shall serve at the 52 pleasure of 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
S. 4107 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 2025. 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, 2025.