S T A T E O F N E W Y O R K
________________________________________________________________________
5845
2023-2024 Regular Sessions
I N S E N A T E
March 20, 2023
___________
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 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
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§ 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
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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
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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.
