S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4681
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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:
 
   Section 1. The education law is amended by adding a new section  317-a
 to read as follows:
   §  317-A.  HIGH  SCHOOL EQUIVALENCY EXAMS. NO FEE SHALL BE ESTABLISHED
 FOR ADMISSION TO ANY EXAM THAT WOULD AWARD  A  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA OR ITS EQUIVALENT, AS DETERMINED BY THE COMMISSIONER.
   §  2. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
 section 355 of the education law, as added by chapter 327 of the laws of
 2002, is amended to read as follows:
   (ii) attended an approved New York state program  for  [general]  HIGH
 SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
 SCHOOL equivalency diploma issued within New York state and applied  for
 attendance at an institution or educational unit of the state university
 within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
 diploma issued within New York state; or
   § 3. Subparagraph (ii) of paragraph (a-1) of subdivision 7 of  section
 6206  of  the  education  law,  as amended by chapter 260 of the laws of
 2011, is amended to read as follows:
   (ii) attended an approved New York state program  for  [general]  HIGH
 SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
 SCHOOL equivalency diploma issued within New York state and applied  for
 attendance  at an institution or educational unit of the city university
 within five years of  receiving  a  [general]  HIGH  SCHOOL  equivalency
 diploma issued within New York state; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02292-01-7

 S. 4681                             2
 
   §  4.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
 6206 of the education law, as amended by chapter  327  of  the  laws  of
 2002, is amended to read as follows:
   (ii)  attended  an  approved New York state program for [general] HIGH
 SCHOOL equivalency diploma exam preparation, received a  [general]  HIGH
 SCHOOL  equivalency diploma issued within New York state and applied for
 attendance at an institution or educational unit of the city  university
 within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
 diploma issued within New York state; or
   § 5. Paragraph (ii) of subdivision 5 of section 6301 of the  education
 law,  as  amended by chapter 327 of the laws of 2002, is amended to read
 as follows:
   (ii) attended an approved New York state program  for  [general]  HIGH
 SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
 SCHOOL equivalency diploma issued within New York state and applied  for
 attendance at an institution or educational unit of the state university
 within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
 diploma issued within New York state; or
   § 6. Subdivisions 2 and 3 of section 97-hhh of the state finance  law,
 as added by section 84 of part A of chapter 436 of the laws of 1997, are
 amended to read as follows:
   2.  Notwithstanding any other law, rule or regulation to the contrary,
 the state comptroller is hereby authorized and directed to  receive  for
 deposit  to  the  credit  of  the  high school equivalency account, fees
 established by the commissioner of education and approved by the  direc-
 tor  of  the  budget to supplement administration of [the general educa-
 tional development tests] HIGH SCHOOL EQUIVALENCY  EXAMS  for  the  high
 school equivalency diploma.
   3. Moneys of this account, following appropriation by the legislature,
 shall  be  available  to the state education department for services and
 expenses related to  the  administration  of  [the  general  educational
 development  tests]  HIGH  SCHOOL  EQUIVALENCY EXAMS for the high school
 equivalency diploma.
   § 7. Subdivision 4 of section 2807-g of  the  public  health  law,  as
 added by chapter 1 of the laws of 1999, is amended to read as follows:
   4.  Eligible programs shall include programs which provide one or more
 of the following services in connection with training an eligible worker
 to: (i) obtain a new position, (ii) continue to meet the requirements of
 an existing position, or (iii) otherwise meet the  requirements  of  the
 changing  health care industry: (a) assessments to help determine train-
 ing needs; (b) remediation, including preparation in English for  speak-
 ers or writers of other languages, instruction in basic reading or math-
 ematics,  or  completion  of  requirements  for  a [general] HIGH SCHOOL
 equivalency diploma [(GED)]; (c) basic skills development; (d)  reorien-
 tation;  and  (e)  skills  and educational enhancement, including, where
 appropriate, the provision of college level  or  college  degree  course
 work.  To  the  extent that an eligible program is providing services to
 train eligible workers to obtain a new position or to continue  to  meet
 the  requirements of an existing position only, reimbursement shall also
 be available to an eligible organization for  the  actual  cost  of  any
 employment  or  employment-related  expenses  incurred  by  the eligible
 organization in fulfilling  the  duties  and  responsibilities  of  such
 employees while they are engaged in such training programs.
   §  8.  Paragraph  (k)  of  subdivision  1 of section 336 of the social
 services law, as added by section 148 of part B of chapter  436  of  the
 laws of 1997, is amended to read as follows:

 S. 4681                             3
 
   (k)  satisfactory  attendance at secondary school or a course of study
 leading to a certificate of [general] HIGH  SCHOOL  equivalency  in  the
 case  of  a recipient who has not completed secondary school or received
 such certificate;
   §  9.  The  opening paragraph of subparagraph (iv) of paragraph (d) of
 subdivision 1 of section 803 of the correction law, as added by  section
 7 of chapter 738 of the laws of 2004, is amended to read as follows:
   Such  merit  time allowance may be granted when an inmate successfully
 participates in the work and  treatment  program  assigned  pursuant  to
 section  eight hundred five of this article and when such inmate obtains
 a [general] HIGH SCHOOL equivalency diploma, an  alcohol  and  substance
 abuse treatment certificate, a vocational trade certificate following at
 least  six  months  of  vocational programming or performs at least four
 hundred hours of service as part of a community work crew.
   § 10. The opening paragraph of subparagraph (iv) of paragraph  (d)  of
 subdivision  1 of section 803 of the correction law, as added by section
 10-a of chapter 738 of the laws of 2004, is amended to read as follows:
   Such merit time allowance may be granted when an  inmate  successfully
 participates  in  the  work  and  treatment program assigned pursuant to
 section eight hundred five of this article and when such inmate  obtains
 a  [general]  HIGH  SCHOOL equivalency diploma, an alcohol and substance
 abuse treatment certificate, a vocational trade certificate following at
 least six months of vocational programming or  performs  at  least  four
 hundred hours of service as part of a community work crew.
   § 11. Subdivision 19 of section 2 of the correction law, as amended by
 chapter 63 of the laws of 1994, is amended to read as follows:
   19.  "Vocational  and  skills  training facility" means a correctional
 facility designated by the commissioner  to  provide  a  vocational  and
 skills training program ("VAST") to inmates who need such service before
 they  participate  in  a  work  release program. The VAST facility shall
 provide intensive assessment,  counseling,  job  search  assistance  and
 where appropriate academic and vocational instruction to program partic-
 ipants. Such assistance may include an assessment of any inmate's educa-
 tion attainment level and skills aptitudes; career counseling and explo-
 ration;  the development of a comprehensive instructional plan including
 identification of educational and training needs that may extend  beyond
 the  date  of  entry into work release; instructional programs including
 [GED]  HIGH  SCHOOL  EQUIVALENCY  EXAM  preparation  or   post-secondary
 instruction  as  appropriate;  occupational skills training; life skills
 training; employment readiness including  workplace  behavior;  and  job
 search  assistance.  The  department  and  the department of labor shall
 jointly develop  activities  providing  career  counseling,  job  search
 assistance,   and  job  placement  services  for  participants.  Nothing
 contained in this section shall be  deemed  to  modify  the  eligibility
 requirements  provided  by  law applicable to inmates participating in a
 work release program.
   § 12. Subdivision c of section 3-209 of the administrative code of the
 city of New York, as added by local law number 34 of  the  city  of  New
 York for the year 2004, is amended to read as follows:
   c.  Registration of graduating seniors. The department of education of
 the city of New York shall provide a postage paid board of elections  of
 the  city of New York voter registration form to each graduating student
 who receives a high school diploma,  including  but  not  limited  to  a
 Regents,  local,  [general]  HIGH  SCHOOL  equivalency or Individualized
 Education Program diploma.  The  department  shall  deliver  such  voter

 S. 4681                             4
 
 registration form to each graduating student at the same time and in the
 same manner as it delivers diplomas to each such student.
   §  13.  Subdivision  b of section 21-703 of the administrative code of
 the city of New York, as added by local law number 23 of the city of New
 York for the year 2003, is amended to read as follows:
   b. If an applicant, recipient  or  participant  who  is  eligible  for
 education  or  training  as  set  forth in subdivision c of this section
 expresses an intention or preference to the agency to enroll  in  educa-
 tion,  training  or  vocational  rehabilitation,  or  if an applicant's,
 recipient's or participant's assessment indicates that he or  she  lacks
 basic  literacy,  a secondary school diploma, or a [general] HIGH SCHOOL
 equivalency diploma  [(GED)]  or  otherwise  indicates  that  education,
 training  or  vocational  rehabilitation  would enhance the individual's
 ability to obtain and maintain employment, then the agency  shall  offer
 such applicant, recipient or participant the opportunity to enroll in an
 approved  program  or  programs,  provided that such approved program or
 programs can be classified as countable work activities.
   § 14.   Paragraph (b) of subdivision 1 of  section  58  of  the  civil
 service  law,  as amended by chapter 244 of the laws of 2013, is amended
 to read as follows:
   (b) he or she is a high school graduate or a holder of a  high  school
 equivalency  diploma  issued  by  an  education department of any of the
 states of the United States or a holder of a comparable  diploma  issued
 by  any commonwealth, territory or possession of the United States or by
 the Canal Zone or a holder of a report  from  the  United  States  armed
 forces  certifying  his  or  her  successful completion of A HIGH SCHOOL
 EQUIVALENCY EXAM OR the tests of general educational  development,  high
 school level;
   § 15. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgement shall not necessarily affect, impair or invalidate the  appli-
 cation  of  any  such clause, sentence, paragraph, subdivision, section,
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 16. This act shall take effect January 1, 2018;  provided,  however,
 that  the amendments to paragraph (a-1) of subdivision 7 of section 6206
 of the education law made by section three of this act shall be  subject
 to  the  expiration  of such paragraph pursuant to section 16 of chapter
 260 of the laws of 2011, as amended; provided further, that section four
 of this act shall take effect on the same date as the reversion of para-
 graph (a) of subdivision 7 of section  6206  of  the  education  law  as
 provided  in  section 16 of chapter 260 of the laws of 2011, as amended;
 and provided, further, that the amendments to subparagraph (iv) of para-
 graph (d) of subdivision 1 of section 803 of the correction law made  by
 section  nine  of this act shall be subject to the expiration and rever-
 sion of such section, when upon such date the provisions of section  ten
 of this act shall take effect.