Bill Text: NY S03043 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to high school equivalency diplomas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S03043 Detail]

Download: New_York-2019-S03043-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3043
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 1, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, the state  finance  law,  the  public
          health  law, the social services law, the correction law, the adminis-
          trative code of the city of New York and the  civil  service  law,  in
          relation to high school equivalency diplomas
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section  317-a
     2  to read as follows:
     3    §  317-a.  High  school equivalency exams. No fee shall be established
     4  for admission to any exam that would award  a  high  school  equivalency
     5  diploma or its equivalent, as determined by the commissioner.
     6    §  2. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
     7  section 355 of the education law, as added by chapter 327 of the laws of
     8  2002, is amended to read as follows:
     9    (ii) attended an approved New York state program  for  [general]  high
    10  school  equivalency  diploma exam preparation, received a [general] high
    11  school equivalency diploma issued within New York state and applied  for
    12  attendance at an institution or educational unit of the state university
    13  within  five  years  of  receiving  a  [general] high school equivalency
    14  diploma issued within New York state; or
    15    § 3. Subparagraph (ii) of paragraph (a-1) of subdivision 7 of  section
    16  6206  of  the  education  law,  as amended by chapter 260 of the laws of
    17  2011, is amended to read as follows:
    18    (ii) attended an approved New York state program  for  [general]  high
    19  school  equivalency  diploma exam preparation, received a [general] high
    20  school equivalency diploma issued within New York state and applied  for
    21  attendance  at an institution or educational unit of the city university
    22  within five years of  receiving  a  [general]  high  school  equivalency
    23  diploma issued within New York state; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09177-01-9

        S. 3043                             2
     1    §  4.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
     2  6206 of the education law, as amended by chapter  327  of  the  laws  of
     3  2002, is amended to read as follows:
     4    (ii)  attended  an  approved New York state program for [general] high
     5  school equivalency diploma exam preparation, received a  [general]  high
     6  school  equivalency diploma issued within New York state and applied for
     7  attendance at an institution or educational unit of the city  university
     8  within  five  years  of  receiving  a  [general] high school equivalency
     9  diploma issued within New York state; or
    10    § 5. Paragraph (ii) of subdivision 5 of section 6301 of the  education
    11  law,  as  amended by chapter 327 of the laws of 2002, is amended to read
    12  as follows:
    13    (ii) attended an approved New York state program  for  [general]  high
    14  school  equivalency  diploma exam preparation, received a [general] high
    15  school equivalency diploma issued within New York state and applied  for
    16  attendance at an institution or educational unit of the state university
    17  within  five  years  of  receiving  a  [general] high school equivalency
    18  diploma issued within New York state; or
    19    § 6. Subdivisions 2 and 3 of section 97-hhh of the state finance  law,
    20  as added by section 84 of part A of chapter 436 of the laws of 1997, are
    21  amended to read as follows:
    22    2.  Notwithstanding any other law, rule or regulation to the contrary,
    23  the state comptroller is hereby authorized and directed to  receive  for
    24  deposit  to  the  credit  of  the  high school equivalency account, fees
    25  established by the commissioner of education and approved by the  direc-
    26  tor  of  the  budget to supplement administration of [the general educa-
    27  tional development tests] high school equivalency  exams  for  the  high
    28  school equivalency diploma.
    29    3. Moneys of this account, following appropriation by the legislature,
    30  shall  be  available  to the state education department for services and
    31  expenses related to  the  administration  of  [the  general  educational
    32  development  tests]  high  school  equivalency exams for the high school
    33  equivalency diploma.
    34    § 7. Subdivision 4 of section 2807-g of  the  public  health  law,  as
    35  added by chapter 1 of the laws of 1999, is amended to read as follows:
    36    4.  Eligible programs shall include programs which provide one or more
    37  of the following services in connection with training an eligible worker
    38  to: (i) obtain a new position, (ii) continue to meet the requirements of
    39  an existing position, or (iii) otherwise meet the  requirements  of  the
    40  changing  health care industry: (a) assessments to help determine train-
    41  ing needs; (b) remediation, including preparation in English for  speak-
    42  ers or writers of other languages, instruction in basic reading or math-
    43  ematics,  or  completion  of  requirements  for  a [general] high school
    44  equivalency diploma [(GED)]; (c) basic skills development; (d)  reorien-
    45  tation;  and  (e)  skills  and educational enhancement, including, where
    46  appropriate, the provision of college level  or  college  degree  course
    47  work.  To  the  extent that an eligible program is providing services to
    48  train eligible workers to obtain a new position or to continue  to  meet
    49  the  requirements of an existing position only, reimbursement shall also
    50  be available to an eligible organization for  the  actual  cost  of  any
    51  employment  or  employment-related  expenses  incurred  by  the eligible
    52  organization in fulfilling  the  duties  and  responsibilities  of  such
    53  employees while they are engaged in such training programs.
    54    §  8.  Paragraph  (k)  of  subdivision  1 of section 336 of the social
    55  services law, as added by section 148 of part B of chapter  436  of  the
    56  laws of 1997, is amended to read as follows:

        S. 3043                             3
     1    (k)  satisfactory  attendance at secondary school or a course of study
     2  leading to a certificate of [general] high  school  equivalency  in  the
     3  case  of  a recipient who has not completed secondary school or received
     4  such certificate;
     5    §  9.  The  opening paragraph of subparagraph (iv) of paragraph (d) of
     6  subdivision 1 of section 803 of the correction law, as added by  section
     7  7 of chapter 738 of the laws of 2004, is amended to read as follows:
     8    Such  merit  time allowance may be granted when an inmate successfully
     9  participates in the work and  treatment  program  assigned  pursuant  to
    10  section  eight hundred five of this article and when such inmate obtains
    11  a [general] high school equivalency diploma, an  alcohol  and  substance
    12  abuse treatment certificate, a vocational trade certificate following at
    13  least  six  months  of  vocational programming or performs at least four
    14  hundred hours of service as part of a community work crew.
    15    § 10. The opening paragraph of subparagraph (iv) of paragraph  (d)  of
    16  subdivision  1 of section 803 of the correction law, as added by section
    17  10-a of chapter 738 of the laws of 2004, is amended to read as follows:
    18    Such merit time allowance may be granted when an  inmate  successfully
    19  participates  in  the  work  and  treatment program assigned pursuant to
    20  section eight hundred five of this article and when such inmate  obtains
    21  a  [general]  high  school equivalency diploma, an alcohol and substance
    22  abuse treatment certificate, a vocational trade certificate following at
    23  least six months of vocational programming or  performs  at  least  four
    24  hundred hours of service as part of a community work crew.
    25    § 11. Subdivision 19 of section 2 of the correction law, as amended by
    26  chapter 63 of the laws of 1994, is amended to read as follows:
    27    19.  "Vocational  and  skills  training facility" means a correctional
    28  facility designated by the commissioner  to  provide  a  vocational  and
    29  skills training program ("VAST") to inmates who need such service before
    30  they  participate  in  a  work  release program. The VAST facility shall
    31  provide intensive assessment,  counseling,  job  search  assistance  and
    32  where appropriate academic and vocational instruction to program partic-
    33  ipants. Such assistance may include an assessment of any inmate's educa-
    34  tion attainment level and skills aptitudes; career counseling and explo-
    35  ration;  the development of a comprehensive instructional plan including
    36  identification of educational and training needs that may extend  beyond
    37  the  date  of  entry into work release; instructional programs including
    38  [GED]  high  school  equivalency  exam  preparation  or   post-secondary
    39  instruction  as  appropriate;  occupational skills training; life skills
    40  training; employment readiness including  workplace  behavior;  and  job
    41  search  assistance.  The  department  and  the department of labor shall
    42  jointly develop  activities  providing  career  counseling,  job  search
    43  assistance,   and  job  placement  services  for  participants.  Nothing
    44  contained in this section shall be  deemed  to  modify  the  eligibility
    45  requirements  provided  by  law applicable to inmates participating in a
    46  work release program.
    47    § 12. Subdivision c of section 3-209 of the administrative code of the
    48  city of New York, as added by local law number 34 of  the  city  of  New
    49  York for the year 2004, is amended to read as follows:
    50    c.  Registration of graduating seniors. The department of education of
    51  the city of New York shall provide a postage paid board of elections  of
    52  the  city of New York voter registration form to each graduating student
    53  who receives a high school diploma,  including  but  not  limited  to  a
    54  Regents,  local,  [general]  high  school  equivalency or Individualized
    55  Education Program diploma.  The  department  shall  deliver  such  voter

        S. 3043                             4
     1  registration form to each graduating student at the same time and in the
     2  same manner as it delivers diplomas to each such student.
     3    §  13.  Subdivision  b of section 21-703 of the administrative code of
     4  the city of New York, as added by local law number 23 of the city of New
     5  York for the year 2003, is amended to read as follows:
     6    b. If an applicant, recipient  or  participant  who  is  eligible  for
     7  education  or  training  as  set  forth in subdivision c of this section
     8  expresses an intention or preference to the agency to enroll  in  educa-
     9  tion,  training  or  vocational  rehabilitation,  or  if an applicant's,
    10  recipient's or participant's assessment indicates that he or  she  lacks
    11  basic  literacy,  a secondary school diploma, or a [general] high school
    12  equivalency diploma  [(GED)]  or  otherwise  indicates  that  education,
    13  training  or  vocational  rehabilitation  would enhance the individual's
    14  ability to obtain and maintain employment, then the agency  shall  offer
    15  such applicant, recipient or participant the opportunity to enroll in an
    16  approved  program  or  programs,  provided that such approved program or
    17  programs can be classified as countable work activities.
    18    § 14.   Paragraph (b) of subdivision 1 of  section  58  of  the  civil
    19  service  law,  as amended by chapter 244 of the laws of 2013, is amended
    20  to read as follows:
    21    (b) he or she is a high school graduate or a holder of a  high  school
    22  equivalency  diploma  issued  by  an  education department of any of the
    23  states of the United States or a holder of a comparable  diploma  issued
    24  by  any commonwealth, territory or possession of the United States or by
    25  the Canal Zone or a holder of a report  from  the  United  States  armed
    26  forces  certifying  his  or  her  successful completion of a high school
    27  equivalency exam or the tests of general educational  development,  high
    28  school level;
    29    § 15. Severability. The provisions of this act shall be severable, and
    30  if  the  application  of  any  clause, sentence, paragraph, subdivision,
    31  section or part of this act to  any  person  or  circumstance  shall  be
    32  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    33  judgement shall not necessarily affect, impair or invalidate the  appli-
    34  cation  of  any  such clause, sentence, paragraph, subdivision, section,
    35  part of this act or remainder thereof, as the case may be, to any  other
    36  person  or  circumstance,  but shall be confined in its operation to the
    37  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    38  directly  involved  in the controversy in which such judgment shall have
    39  been rendered.
    40    § 16. This act shall take effect January 1, 2020;  provided,  however,
    41  that  the amendments to paragraph (a-1) of subdivision 7 of section 6206
    42  of the education law made by section three of this act shall be  subject
    43  to  the  expiration  of such paragraph pursuant to section 16 of chapter
    44  260 of the laws of 2011, as amended; provided further, that section four
    45  of this act shall take effect on the same date as the reversion of para-
    46  graph (a) of subdivision 7 of section  6206  of  the  education  law  as
    47  provided  in  section 16 of chapter 260 of the laws of 2011, as amended;
    48  and provided, further, that the amendments to subparagraph (iv) of para-
    49  graph (d) of subdivision 1 of section 803 of the correction law made  by
    50  section  nine  of this act shall be subject to the expiration and rever-
    51  sion of such section, when upon such date the provisions of section  ten
    52  of this act shall take effect.
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