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.