S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3825
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the education law, the state finance law, the social
   services law, the correction law, the administrative 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 amended by chapter 669 of the laws
 of 2022, 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 669 of the laws of
 2022, 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.
                                                            LBD07961-01-3
              

 A. 3825                             2
 
   §  4.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
 6206 of the education law, as amended by chapter  669  of  the  laws  of
 2022, 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. Paragraph (k) of subdivision 1  of  section  336  of  the  social
 services  law, as amended by section 148 of part B of chapter 436 of the
 laws of 1997, is amended to read as follows:
   (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;
   §  8.  The  opening paragraph of subparagraph (iv) of paragraph (d) of
 subdivision 1 of section  803  of  the  correction  law,  as  separately
 amended  by  section  1 of chapter 242 and section 224 of chapter 322 of
 the laws of 2021, is amended to read as follows:
   Such merit time allowance may be granted when an incarcerated individ-
 ual successfully participates in the work and treatment program assigned
 pursuant to section eight hundred five of this  article  and  when  such
 incarcerated  individual  obtains  a  [general]  HIGH SCHOOL equivalency
 diploma, an alcohol and substance abuse treatment certificate,  a  voca-
 tional  trade  certificate  following  at least six months of vocational
 programming, at least eighteen credits in a program  registered  by  the
 state  education  department  from  a  degree-granting  higher education
 institution or performs at least four hundred hours of service  as  part
 of a community work crew.
   §  9.  The  opening paragraph of subparagraph (iv) of paragraph (d) of
 subdivision 1 of section  803  of  the  correction  law,  as  separately
 A. 3825                             3
 
 amended  by section 2 of chapter 242 and section 224-a of chapter 322 of
 the laws of 2021, is amended to read as follows:
   Such merit time allowance may be granted when an incarcerated individ-
 ual successfully participates in the work and treatment program assigned
 pursuant  to  section  eight  hundred five of this article and when such
 incarcerated individual obtains  a  [general]  HIGH  SCHOOL  equivalency
 diploma,  an  alcohol and substance abuse treatment certificate, a voca-
 tional trade certificate following at least  six  months  of  vocational
 programming,  at  least  eighteen credits in a program registered by the
 state education  department  from  a  degree-granting  higher  education
 institution  or  performs at least four hundred hours of service as part
 of a community work crew.
   § 10. Subdivision 19 of section 2 of the correction law, as amended by
 chapter 322 of the laws of 2021, 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 incarcerated  individuals  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  participants.  Such assistance may include an assessment of any
 incarcerated individual's education attainment level  and  skills  apti-
 tudes;  career  counseling and exploration; the development of a compre-
 hensive 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; occupa-
 tional 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 modi-
 fy  the eligibility requirements provided by law applicable to incarcer-
 ated individuals participating in a work release program.
   § 11. 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
 registration form to each graduating student at the same time and in the
 same manner as it delivers diplomas to each such student.
   §  12.  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
 A. 3825                             4
 
 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.
   §  13.    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;
   § 14. 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
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion 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.
   §  15.  This act shall take effect January 1, 2024; 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 eight of this act shall be subject to the expiration and  rever-
 sion of such section, when upon such date the provisions of section nine
 of this act shall take effect.