Bill Text: NY S08821 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs the commissioner of education to change the name of the state high school equivalency diploma, formerly known as the general education development (GED) program, to the Excelsior high school diploma.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-05-29 - referred to education [S08821 Detail]

Download: New_York-2023-S08821-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8821--A

                    IN SENATE

                                     March 15, 2024
                                       ___________

        Introduced  by  Sens.  SEPULVEDA,  GOUNARDES,  PARKER  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Education  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the education law, the correction law, and the  adminis-
          trative code of the city of New York, in relation to changing the name
          of  the  general  education  development diploma to the Excelsior high
          school diploma

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 317 of the education law, as added by chapter 170
     2  of the laws of 1994, is amended to read as follows:
     3    § 317. [General education development] Excelsior high  school  diploma
     4  exam.  Notwithstanding any provision of law, no fee shall be established
     5  for  admission  to  the  [general  education development] Excelsior high
     6  school diploma exam.
     7    § 2. Section 305 of the education law  is  amended  by  adding  a  new
     8  subdivision 61 to read as follows:
     9    61.  The commissioner shall promulgate rules and regulations to change
    10  the name of the state high school equivalency  diploma,  as  established
    11  pursuant  to  section  100.7 of title eight of the New York codes, rules
    12  and regulations, to the Excelsior high school diploma.
    13    § 3. Subdivision 19 of section 2 of the correction law, as amended  by
    14  chapter 322 of the laws of 2021, is amended to read as follows:
    15    19.  "Vocational  and  skills  training facility" means a correctional
    16  facility designated by the commissioner  to  provide  a  vocational  and
    17  skills  training  program  ("VAST") to incarcerated individuals who need
    18  such service before they participate in a work release program. The VAST
    19  facility shall provide  intensive  assessment,  counseling,  job  search
    20  assistance  and where appropriate academic and vocational instruction to
    21  program participants. Such assistance may include an assessment  of  any
    22  incarcerated  individual's  education  attainment level and skills apti-
    23  tudes; career counseling and exploration; the development of  a  compre-
    24  hensive  instructional  plan including identification of educational and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14835-03-4
        S. 8821--A                          2

     1  training needs that may extend  beyond  the  date  of  entry  into  work
     2  release;  instructional  programs  including [GED] Excelsior high school
     3  diploma preparation or post-secondary instruction as appropriate;  occu-
     4  pational  skills  training;  life  skills training; employment readiness
     5  including workplace behavior; and job search assistance. The  department
     6  and  the  department of labor shall jointly develop activities providing
     7  career counseling, job search assistance, and job placement services for
     8  participants. Nothing contained in this section shall be deemed to modi-
     9  fy the eligibility requirements provided by law applicable to  incarcer-
    10  ated individuals participating in a work release program.
    11    §  4. The 7th undesignated paragraph of subdivision a of section 9-151
    12  of the administrative code of the city of New York, as  added  by  local
    13  law  number 168 of the city of New York for the year 2017, is amended to
    14  read as follows:
    15    High school equivalency diploma test. The term "high school equivalen-
    16  cy diplomacy test" means any test offered by the New York  state  educa-
    17  tion department for the purpose of establishing the equivalent of a high
    18  school  diploma,  including,  but  not  limited to, a [general education
    19  development] Excelsior high school diploma test or  the  test  assessing
    20  secondary completion.
    21    § 5. Subdivision a of section 21-408 of the administrative code of the
    22  city  of  New  York,  as added by local law number 86 of the city of New
    23  York for the year 2018, is amended to read as follows:
    24    a. Definitions. For the purposes  of  this  section,  the  term  "test
    25  assessing  secondary  completion  (TASC)"  means  the  [New  York state]
    26  Excelsior high school [equivalency]  diploma  test  which  replaced  the
    27  General  Education  Development  (GED)  as the primary pathway to [a New
    28  York state] an Excelsior high school [equivalency] diploma.
    29    § 6. Subdivision b and paragraph 4 of subdivision c of section  21-703
    30  of  the  administrative  code of the city of New York, as added by local
    31  law number 23 of the city of New York for the year 2003, are amended  to
    32  read as follows:
    33    b.  If  an  applicant,  recipient  or  participant who is eligible for
    34  education or training as set forth in  subdivision  c  of  this  section
    35  expresses  an  intention or preference to the agency to enroll in educa-
    36  tion, training or  vocational  rehabilitation,  or  if  an  applicant's,
    37  recipient's  or participant's assessment indicates that [he or she] such
    38  applicant, recipient or participant lacks basic  literacy,  a  secondary
    39  school diploma, or a [general equivalency] Excelsior high school diploma
    40  [(GED)]  or  otherwise  indicates that education, training or vocational
    41  rehabilitation would enhance the  individual's  ability  to  obtain  and
    42  maintain employment, then the agency shall offer such applicant, recipi-
    43  ent  or  participant the opportunity to enroll in an approved program or
    44  programs, provided that such approved program or programs can be classi-
    45  fied as countable work activities.
    46    4. An applicant, recipient or participant is eligible  to  participate
    47  in  a  [GED] Excelsior high school diploma program if [s/he] such appli-
    48  cant, recipient or participant has attained basic literacy but  has  not
    49  received a secondary school diploma.
    50    §  7.  The  20th  undesignated  paragraph  of subdivision a of section
    51  21-902.1 of the administrative code of the city of New York, as  amended
    52  by  local  law  number 145 of the city of New York for the year 2016, is
    53  amended to read as follows:
    54    Test assessing secondary completion (TASC). The term  "test  assessing
    55  secondary  completion  (TASC)" means the [New York state] Excelsior high
    56  school [equivalency] diploma test which replaced the  general  education
        S. 8821--A                          3

     1  development  examination as the primary pathway to [a New York state] an
     2  Excelsior high school [equivalency] diploma.
     3    §  8.  The  11th  undesignated  paragraph  of subdivision a of section
     4  21-924 of the administrative code of the city of New York, as  added  by
     5  local  law  number  21  of  the  city  of New York for the year 2024, is
     6  amended to read as follows:
     7    High school equivalency diploma test. The term "high school equivalen-
     8  cy diploma test" means any  test  that  the  New  York  state  education
     9  department  offers  for  the purpose of establishing the equivalent of a
    10  high school diploma, including, but not limited to, a [general education
    11  development] Excelsior high school diploma test or  the  test  assessing
    12  secondary completion.
    13    §  9.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law. Effective immediately, the amendment, addition and/or
    15  repeal of any rule or regulation necessary  for  the  implementation  of
    16  this  act  on its effective date are authorized to be made and completed
    17  on or before such effective date.