S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4493

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by M. of A. PEOPLES-STOKES, CLARK, BENEDETTO, AUBRY, WRIGHT,
  CAMARA, COOK, SCARBOROUGH, MAISEL, KAVANAGH -- Multi-Sponsored  by  --
  M.  of  A.  BOYLAND,  BROOK-KRASNY,  HEASTIE, HOOPER, MILLMAN, RIVERA,
  ROBINSON, SCHIMEL, WEISENBERG -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to establishing a program
  to enable over-age, under-credit youths to obtain a high school diplo-
  ma or equivalent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 100 to
read as follows:
                               ARTICLE 100
                   OVER-AGE AND UNDER-CREDIT STUDENTS
SECTION 4950.  LEGISLATIVE INTENT.
        4951.  OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM.
  S  4950. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT RECENTLY, MORE
HIGH SCHOOL STUDENTS ARE NOW BEING "PUSHED-OUT" OF THEIR SCHOOLS BECAUSE
THEY ARE OVER-AGE OR UNDER-CREDITED. ACCORDING TO  ADVOCATES  FOR  CHIL-
DREN,  STUDENTS AS YOUNG AS FIFTEEN AND AS OLD AS TWENTY, HAVING A RANGE
OF ACADEMIC ACHIEVEMENTS, WERE BEING  TOLD  THAT  THEY  WERE  NO  LONGER
ALLOWED  TO  STAY IN HIGH SCHOOL BECAUSE THEY WERE TOO OLD, DID NOT HAVE
ENOUGH CREDITS, OR WERE NOT ON TRACK TO EARN A DIPLOMA  IN  FOUR  YEARS.
"PUSHING-OUT"  STUDENTS  IS  A  RESULT OF SCHOOLS DEEMING THE STUDENT AS
DIFFICULT TO EDUCATE AND MAY BE A RESULT OF  CERTAIN  RISK  FACTORS  NOT
RELATED  TO  THE  INDIVIDUAL  STUDENT'S  OWN  FAULT.  A VARIETY OF THESE
FACTORS MAY INCLUDE BUT ARE NOT LIMITED TO: POOR ACADEMIC PERFORMANCE OR
ATTENDANCE; DRUG USE IN THE HOME; SINGLE PARENT HOUSEHOLD;  NEGLECT  AND
ABUSE;  TEEN  PARENT;  AND  NO  HIGH SCHOOL GRADUATE IN THE HOME. PARENT
CHARACTERISTICS THAT ALSO ESTABLISH RISK INCLUDE BUT ARE NOT LIMITED TO:
PARENTS SPEAK ENGLISH POORLY OR NOT AT ALL; PARENTAL  CONTACT  WITH  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07907-01-3
              

A. 4493                             2

SCHOOL  AND HOMEWORK SUPPORT AT HOME IS LIMITED OR NON-EXISTENT; LIMITED
OR NO ACCESS TO HEALTH BENEFITS; PARENTS ARE UNEMPLOYED, RECEIVE  PUBLIC
ASSISTANCE,  OR  ARE  WORKING  POOR; PARENTS ARE ELIGIBLE FOR BUT DO NOT
ACCESS EARNED INCOME TAX CREDITS AND ARE FINANCIALLY UNSTABLE.
  THE  LEGISLATURE FURTHER FINDS THAT A PROGRAM IS NEEDED TO BE DIRECTED
AT SEVENTEEN TO TWENTY YEAR OLD  OVER-AGE,  UNDER-CREDITED  HIGH  SCHOOL
STUDENTS ALLOWING SUCH STUDENT TO BE "TRANSFERRED" TO AN ADULT EDUCATION
PROGRAM  INSTEAD  OF  BEING  CONSIDERED  A  HIGH SCHOOL DROP-OUT. SUCH A
PROGRAM WOULD HELP THOSE STUDENTS WHO ARE UNDER-CREDITED, OVER-AGED,  OR
BEING PUSHED-OUT OF THEIR SCHOOL SYSTEM AN OPPORTUNITY TO CONTINUE THEIR
EDUCATION  THEREBY  GIVING  THOSE  STUDENTS  ACCREDITATION AND THE RIGHT
TOOLS FOR SUCCESS IN THEIR FUTURES.  THE  LEGISLATURE  THEREFORE  ESTAB-
LISHES THE OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM.
  S 4951. OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM. 1. THE COMMISSIONER
IS  HEREBY DIRECTED TO CREATE AND ESTABLISH A PROGRAM THAT ENABLES OVER-
AGE, UNDER-CREDIT YOUTH IN NEW YORK STATE TO OBTAIN A HIGH SCHOOL DIPLO-
MA OR THE EQUIVALENT AND MAKE AN EFFECTIVE TRANSITION TO  EMPLOYMENT  OR
POSTSECONDARY  EDUCATION  OR POSTSECONDARY-LEVEL TRAINING. THIS INCLUDES
POSTSECONDARY DEGREE CREDIT STUDY, ADVANCED TRAINING, APPRENTICESHIP, OR
EMPLOYMENT WITH A CAREER LADDER.
  2. STUDENTS WHO EXIT PUBLIC SCHOOLS WITHOUT A DIPLOMA SHALL BE  TRANS-
FERRED TO APPROPRIATE PROGRAMMING FOR PURSUIT AND COMPLETION OF A GENER-
AL EDUCATION DIPLOMA (GED).
  3.  THE  STATE EDUCATION DEPARTMENT SHALL RECOGNIZE AND ALLOW ALTERNA-
TIVE CREDENTIALING FOR OVER-AGE, UNDER-CREDIT SEVENTEEN TO  TWENTY  YEAR
OLD  STUDENTS.  THESE  ALTERNATIVE CREDENTIALS SHALL INCLUDE BUT ARE NOT
LIMITED TO: GENERAL EDUCATION EQUIVALENCY PROGRAMS, ENTRY TO EMPLOYMENT,
ENTRY TO POSTSECONDARY VOCATIONAL, TRAINING CERTIFICATE PROGRAMS,  WORK-
PLACE  TRAINING  CREDENTIAL  AND  ACCEPTABLE  SCORES ON COLLEGE ENTRANCE
EXAMS ENABLING THE STUDENT TO ENTER COLLEGE CREDIT CLASSES.
  4. SUCH ACTIONS SHALL BE CONSIDERED UNDER THE NEW YORK STATE EDUCATION
ACCOUNTABILITY SYSTEM AS A TRANSFER RATHER THAN A DROP-OUT.
  5. SUCCESSFUL COMPLETION OF A CREDENTIAL  IDENTIFIED  ABOVE  SHALL  BE
CONSIDERED A VALUED OUTCOME WITH CREDIT GIVEN TO LOCAL SCHOOL DISTRICTS.
  6.  THE  COMMISSIONER SHALL PROVIDE FOR THE INCREASED FUNDING TO COVER
THE COSTS ASSOCIATED  WITH  DELIVERING  A  HIGH  QUALITY  GED/VOCATIONAL
PROGRAM  TO OVER-AGE, UNDER-CREDITED YOUTH BETWEEN THE AGES OF SEVENTEEN
AND TWENTY YEARS OLD EITHER  ENROLLED  IN  HIGH  SCHOOL  OR  ALTERNATIVE
PROGRAMMING.
  S 2. This act shall take effect April 1, 2013; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.