Bill Text: NY A02221 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to establishing an accelerated high school graduation program
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2010-01-06 - referred to education [A02221 Detail]
Download: New_York-2009-A02221-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2221 2009-2010 Regular Sessions I N A S S E M B L Y January 15, 2009 ___________ Introduced by M. of A. PEOPLES, J. RIVERA, BENEDETTO, CAMARA, JOHN, FIELDS, SCHROEDER, ESPAILLAT -- Multi-Sponsored by -- M. of A. COLTON, DIAZ, GALEF, GREENE, HEASTIE, HIKIND, LATIMER, MAISEL, REILLY, ROBIN- SON, SCARBOROUGH, WRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing an accel- erated high school graduation program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 "the New York accelerated high school graduation option act." 3 S 2. The education law is amended by adding a new article 66 to read 4 as follows: 5 ARTICLE 66 6 THE NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT 7 SECTION 3300. LEGISLATION FINDINGS. 8 3301. DEFINITIONS. 9 3302. ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT. 10 3303. ELIGIBILITY REQUIREMENTS. 11 S 3300. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS THAT IT IS 12 NECESSARY FOR THE STATE'S CITIZENS TO ACQUIRE AN EDUCATION BEYOND THE 13 SECONDARY LEVEL IN ORDER TO SUCCEED DURING THE TWENTY-FIRST CENTURY. THE 14 LEGISLATURE ALSO FINDS THAT NEW YORK STATE HAS ONE OF THE HIGHEST AVER- 15 AGE TUITIONS AMONG PUBLIC COMMUNITY COLLEGES IN THE COUNTRY AND THE 16 SMALLEST PERCENTAGES OF ENROLLMENTS IN PUBLIC COMMUNITY COLLEGES VERSUS 17 PRIVATE FOUR YEAR INSTITUTIONS. THE LEGISLATURE FURTHER FINDS THAT 18 COMMUNITY COLLEGES STRENGTHEN NEW YORK'S ECONOMY BY PROVIDING STUDENTS 19 WITH EDUCATIONAL TRAINING AND EXPERIENCE WHICH ENSURES A HIGHLY PRODUC- 20 TIVE, WELL-TRAINED, WORK FORCE. THE LEGISLATURE THEREFORE ENACTS "THE 21 NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT" IN ORDER TO HELP 22 HIGH ACHIEVING HIGH SCHOOL STUDENTS PURSUE A POST-SECONDARY EDUCATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04693-01-9 A. 2221 2 1 S 3301. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS 2 SHALL HAVE THE FOLLOWING MEANINGS: 3 1. "COMMUNITY COLLEGES" MEANS COLLEGES ESTABLISHED AND OPERATED PURSU- 4 ANT TO THE PROVISIONS OF ARTICLE ONE HUNDRED TWENTY-SIX OF THIS CHAPTER, 5 EITHER INDIVIDUALLY OR JOINTLY, BY COUNTIES, CITIES, INTERMEDIATE SCHOOL 6 DISTRICTS, SCHOOL DISTRICTS APPROVED BY THE STATE UNIVERSITY TRUSTEES, 7 OR INDIVIDUALLY BY COMMUNITY COLLEGE REGIONS APPROVED BY THE STATE 8 UNIVERSITY TRUSTEES, AND PROVIDING TWO-YEAR POST SECONDARY PROGRAMS 9 PURSUANT TO REGULATIONS PRESCRIBED BY THE STATE UNIVERSITY TRUSTEES AND 10 RECEIVING FINANCIAL ASSISTANCE FROM THE STATE THEREFOR; 11 2. "STANDARDIZED TEST" OR "TEST" MEANS ANY TEST THAT IS GIVEN IN NEW 12 YORK AT THE EXPENSE OF THE TEST SUBJECT AND DESIGNED FOR USE AND USED 13 SOLELY FOR PLACEMENT, CREDIT-BY-EXAMINATION OR OTHER NONADMISSION 14 PURPOSE OR ANY TEST DEVELOPED AND ADMINISTERED BY AN INDIVIDUAL SCHOOL 15 OR INSTITUTION SOLELY FOR ITS OWN PURPOSES OR ANY TEST, OR PORTION OF A 16 TEST, DESIGNED TO EVALUATE MANUAL SKILLS OR OTHER PHYSICAL ABILITIES; 17 AND 18 3. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF 19 NEW YORK. 20 S 3302. ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT. 1. THERE IS 21 HEREBY CREATED "THE NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION 22 ACT." IT SHALL BE THE DUTY OF THE COMMISSIONER, OR HIS OR HER DESIGNEE, 23 TO ADMINISTER THE PROGRAM. 24 2. STUDENTS WHO ENTER GRADE NINE IN THE TWO THOUSAND NINE-TWO THOUSAND 25 TEN SCHOOL YEAR AND THEREAFTER MAY SELECT, UPON RECEIPT OF EACH STUDENT 26 AND PARENT'S CONSENT TO COMPLETE HIGH SCHOOL IN THREE YEARS, INSTEAD OF 27 THE REQUIRED FOUR YEARS MANDATED BY THE DEPARTMENT SHALL BECOME ELIGIBLE 28 TO RECEIVE A SCHOLARSHIP TO COVER THE FULL COST OF TUITION AT A NEW YORK 29 COMMUNITY COLLEGE. THE SCHOLARSHIP AMOUNT SHALL NOT, WHEN COMBINED WITH 30 ANY OTHER FINANCIAL ASSISTANCE, EXCEED THE STUDENT'S ACTUAL COST OF 31 ATTENDANCE AT THE COMMUNITY COLLEGE WHERE THE SCHOLARSHIP IS USED. IF 32 THE STUDENT CHOOSES THE OPTION TO GRADUATE HIGH SCHOOL IN FOUR YEARS 33 PURSUANT TO THE REQUIREMENTS MANDATED BY THE DEPARTMENT, THE OPTION FOR 34 A SCHOLARSHIP TO RECEIVE FREE TUITION AT A NEW YORK COMMUNITY COLLEGE 35 WILL NOT BE AVAILABLE. 36 3. BEGINNING WITH THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL 37 YEAR, EACH DISTRICT SCHOOL BOARD SHALL PROVIDE EACH STUDENT IN GRADES 38 SIX THROUGH NINE AND THEIR PARENTS WITH INFORMATION CONCERNING THE 39 THREE-YEAR AND FOUR-YEAR HIGH SCHOOL GRADUATION OPTIONS. THE INFORMATION 40 MUST INCLUDE A TIMEFRAME FOR ACHIEVING EACH GRADUATION OPTION. 41 4. SELECTION OF ONE OF THE GRADUATION OPTIONS MUST BE COMPLETED BY THE 42 STUDENT PRIOR TO THE END OF GRADE NINE AND IS EXCLUSIVELY UP TO THE 43 STUDENT AND PARENT. EACH DISTRICT SCHOOL BOARD SHALL ESTABLISH POLICIES 44 FOR EXTENDING THIS DEADLINE TO THE END OF A STUDENT'S FIRST SEMESTER OF 45 GRADE TEN FOR A STUDENT WHO ENTERED A NEW YORK STATE PUBLIC SCHOOL AFTER 46 GRADE NINE UPON TRANSFER FROM A PRIVATE SCHOOL OR ANOTHER STATE OR WHO 47 WAS PREVENTED FROM CHOOSING A GRADUATION OPTION DUE TO ILLNESS DURING 48 GRADE NINE. IF THE STUDENT AND PARENT FAIL TO SELECT A GRADUATION 49 OPTION, THE STUDENT SHALL BE CONSIDERED TO HAVE SELECTED THE STANDARD 50 FOUR YEAR PROGRAM. 51 S 3303. ELIGIBILITY REQUIREMENTS. 1. STUDENTS FIRST ENTERING GRADE 52 NINE IN THE TWO THOUSAND NINE-TWO THOUSAND TEN SCHOOL YEAR AND THEREAFT- 53 ER MUST EARN AT LEAST TWENTY-TWO UNITS OF CREDIT INCLUDING TWO CREDITS 54 IN PHYSICAL EDUCATION, IN COMPLIANCE WITH THE NEW YORK STATE REGENTS, IN 55 ORDER TO RECEIVE A REGENTS DIPLOMA. 56 (A) ENGLISH, FOUR UNITS OF CREDIT; A. 2221 3 1 (B) SOCIAL STUDIES, FOUR UNITS OF CREDIT AS SET FORTH IN PARAGRAPH (6) 2 OF SECTION 100.5 DIPLOMA REQUIREMENTS SET FORTH WITH THE NEW YORK STATE 3 BOARD OF REGENTS; 4 (C) SCIENCE, THREE UNITS OF CREDIT OF COMMENCEMENT LEVEL SCIENCE, AT 5 LEAST ONE COURSE SHALL BE LIFE SCIENCES AND AT LEAST ONE IN THE PHYSICAL 6 SCIENCES, THE THIRD MAY BE EITHER LIFE SCIENCES OR PHYSICAL SCIENCES; 7 (D) MATHEMATICS, THREE UNITS OF CREDIT OF MATHEMATICS, WHICH SHALL BE 8 AT A MORE ADVANCED LEVEL THAN GRADE EIGHT AND SHALL MEET 9 COMMENCEMENT-LEVEL LEARNING STANDARDS AS DETERMINED BY THE COMMISSIONER; 10 (E) VISUAL ARTS AND/OR MUSIC, DANCE, OR THEATRE, ONE UNIT OF CREDIT; 11 AND 12 (F) HEALTH EDUCATION, ONE-HALF UNIT OF CREDIT IN ACCORDANCE WITH 13 LEARNING STANDARDS IN THE AREA OF PARENTING BEING ATTAINED THROUGH 14 EITHER THE HEALTH OR FAMILY AND CONSUMER SCIENCES PROGRAMS OR A SEPARATE 15 COURSE. 16 2. PRIOR TO SELECTING A PROGRAM, A STUDENT AND THE STUDENT'S PARENT 17 MUST MEET WITH DESIGNATED SCHOOL PERSONNEL TO RECEIVE AN EXPLANATION OF 18 THE RELATIVE REQUIREMENTS, ADVANTAGES, AND DISADVANTAGES OF THE PROGRAM, 19 AND THE STUDENT MUST ALSO RECEIVE THE WRITTEN CONSENT OF THE STUDENT'S 20 PARENT. 21 3. STUDENTS PURSUING ACCELERATED THREE-YEAR HIGH SCHOOL GRADUATION 22 MUST: 23 (A) EARN PASSING SCORES ON ALL REGENTS EXAMS, STANDARDIZED TESTS, OR 24 TEACHER GIVEN FINAL EXAMS IN ORDER TO RECEIVE CREDIT TOWARD THE ACCELER- 25 ATED DEGREE; AND 26 (B) ACHIEVE A CUMULATIVE WEIGHTED GRADE POINT AVERAGE OF 3.0 ON A 4.0 27 SCALE, OR ITS EQUIVALENT, IN THE COURSES REQUIRED FOR THE CAREER PREPAR- 28 ATORY ACCELERATED THREE-YEAR HIGH SCHOOL GRADUATION OPTION PURSUANT TO 29 THIS ARTICLE. 30 4. IF, AT THE END OF GRADE TEN, A STUDENT IS NOT ON TRACK TO MEET THE 31 CREDIT, ASSESSMENT, OR GRADE POINT AVERAGE REQUIREMENTS OF THE ACCELER- 32 ATED GRADUATION OPTION SELECTED, THE SCHOOL SHALL NOTIFY THE STUDENT AND 33 PARENT OF THE FOLLOWING: 34 (A) THE REQUIREMENTS THAT THE STUDENT IS NOT CURRENTLY MEETING; 35 (B) THE SPECIFIC PERFORMANCE NECESSARY IN GRADE ELEVEN FOR THE STUDENT 36 TO MEET THE ACCELERATED GRADUATION REQUIREMENTS; AND 37 (C) THE RIGHT OF THE STUDENT TO CHANGE TO THE FOUR-YEAR PROGRAM. 38 5. A STUDENT WHO SELECTED ONE OF THE ACCELERATED THREE-YEAR GRADUATION 39 OPTIONS SHALL AUTOMATICALLY MOVE TO THE FOUR-YEAR PROGRAM IF THE 40 STUDENT: 41 (A) EXERCISES HIS OR HER RIGHT TO CHANGE TO THE FOUR-YEAR PROGRAM; AND 42 (B) FAILS TO EARN FIVE CREDITS BY THE END OF GRADE NINE OR FAILS TO 43 EARN ELEVEN CREDITS BY THE END OF GRADE TEN. 44 6. A STUDENT WHO MEETS ALL REQUIREMENTS SHALL BE AWARDED A REGENTS 45 DIPLOMA IN A FORM PRESCRIBED BY THE STATE BOARD OF EDUCATION. 46 7. (A) A STUDENT SHALL BE ELIGIBLE FOR A SCHOLARSHIP UPON COMPLETION 47 OF HIGH SCHOOL WITHIN THREE YEARS ACCORDING TO THE REQUIREMENTS OF THIS 48 ARTICLE. THE SCHOLARSHIP SHALL COVER THE COST OF UP TO FIVE SEMESTERS OF 49 TUITION AND APPROVED FEES AT A NEW YORK COMMUNITY COLLEGE. 50 (B) TO BE ELIGIBLE TO RECEIVE SUCH SCHOLARSHIP A STUDENT SHALL: 51 (I) BE A UNITED STATES CITIZEN OR HAVE PERMANENT RESIDENT STATUS IN 52 THE NEW YORK COUNTY WHERE THE COMMUNITY COLLEGE IS LOCATED; 53 (II) HAVE COMPLETED HIGH SCHOOL WITHIN THREE YEARS ACCORDING TO THE 54 REQUIREMENTS OF THIS ACT; 55 (III) BE ENROLLED IN AN ASSOCIATE DEGREE PROGRAM FOR A MINIMUM OF 56 TWELVE CREDIT HOURS AND A MAXIMUM OF FIFTEEN CREDIT HOURS PER SEMESTER A. 2221 4 1 AT THE COMMUNITY COLLEGE, NOT INCLUDING ANY CREDIT HOURS IN A REMEDIAL 2 OR DEVELOPMENTAL CURRICULUM; 3 (IV) HAVE MAINTAINED CONTINUOUS FULL-TIME ENROLLMENT AT THE NEW YORK 4 COMMUNITY COLLEGE; AND 5 (V) HAVE APPLIED FOR ALL OTHER AVAILABLE FORMS OF STATE AND FEDERAL 6 FINANCIAL AID, EXCLUSIVE OF LOANS. 7 S 3. This act shall take effect April 1, 2009; provided, however; that 8 effective immediately, the addition, amendment and/or repeal of any rule 9 or regulation necessary for the implementation of this act on its effec- 10 tive date are authorized and directed to be made and completed on or 11 before such effective date.