STATE OF NEW YORK
________________________________________________________________________
6484
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
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:
1 Section 1. The education law is amended by adding a new section 317-a
2 to read as follows:
3 § 317-a. High school equivalency exams. No fee shall be established
4 for admission to any exam that would award a high school equivalency
5 diploma or its equivalent, as determined by the commissioner.
6 § 2. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
7 section 355 of the education law, as added by chapter 327 of the laws of
8 2002, is amended to read as follows:
9 (ii) attended an approved New York state program for [general] high
10 school equivalency diploma exam preparation, received a [general] high
11 school equivalency diploma issued within New York state and applied for
12 attendance at an institution or educational unit of the state university
13 within five years of receiving a [general] high school equivalency
14 diploma issued within New York state; or
15 § 3. Subparagraph (ii) of paragraph (a-1) of subdivision 7 of section
16 6206 of the education law, as amended by chapter 260 of the laws of
17 2011, is amended to read as follows:
18 (ii) attended an approved New York state program for [general] high
19 school equivalency diploma exam preparation, received a [general] high
20 school equivalency diploma issued within New York state and applied for
21 attendance at an institution or educational unit of the city university
22 within five years of receiving a [general] high school equivalency
23 diploma issued within New York state; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05127-01-1
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1 § 4. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
2 6206 of the education law, as amended by chapter 327 of the laws of
3 2002, is amended to read as follows:
4 (ii) attended an approved New York state program for [general] high
5 school equivalency diploma exam preparation, received a [general] high
6 school equivalency diploma issued within New York state and applied for
7 attendance at an institution or educational unit of the city university
8 within five years of receiving a [general] high school equivalency
9 diploma issued within New York state; or
10 § 5. Paragraph (ii) of subdivision 5 of section 6301 of the education
11 law, as amended by chapter 327 of the laws of 2002, is amended to read
12 as follows:
13 (ii) attended an approved New York state program for [general] high
14 school equivalency diploma exam preparation, received a [general] high
15 school equivalency diploma issued within New York state and applied for
16 attendance at an institution or educational unit of the state university
17 within five years of receiving a [general] high school equivalency
18 diploma issued within New York state; or
19 § 6. Subdivisions 2 and 3 of section 97-hhh of the state finance law,
20 as added by section 84 of part A of chapter 436 of the laws of 1997, are
21 amended to read as follows:
22 2. Notwithstanding any other law, rule or regulation to the contrary,
23 the state comptroller is hereby authorized and directed to receive for
24 deposit to the credit of the high school equivalency account, fees
25 established by the commissioner of education and approved by the direc-
26 tor of the budget to supplement administration of [the general educa-
27 tional development tests] high school equivalency exams for the high
28 school equivalency diploma.
29 3. Moneys of this account, following appropriation by the legislature,
30 shall be available to the state education department for services and
31 expenses related to the administration of [the general educational
32 development tests] high school equivalency exams for the high school
33 equivalency diploma.
34 § 7. Paragraph (k) of subdivision 1 of section 336 of the social
35 services law, as added by section 148 of part B of chapter 436 of the
36 laws of 1997, is amended to read as follows:
37 (k) satisfactory attendance at secondary school or a course of study
38 leading to a certificate of [general] high school equivalency in the
39 case of a recipient who has not completed secondary school or received
40 such certificate;
41 § 8. The opening paragraph of subparagraph (iv) of paragraph (d) of
42 subdivision 1 of section 803 of the correction law, as added by section
43 7 of chapter 738 of the laws of 2004, is amended to read as follows:
44 Such merit time allowance may be granted when an inmate successfully
45 participates in the work and treatment program assigned pursuant to
46 section eight hundred five of this article and when such inmate obtains
47 a [general] high school equivalency diploma, an alcohol and substance
48 abuse treatment certificate, a vocational trade certificate following at
49 least six months of vocational programming or performs at least four
50 hundred hours of service as part of a community work crew.
51 § 9. The opening paragraph of subparagraph (iv) of paragraph (d) of
52 subdivision 1 of section 803 of the correction law, as added by section
53 10-a of chapter 738 of the laws of 2004, is amended to read as follows:
54 Such merit time allowance may be granted when an inmate successfully
55 participates in the work and treatment program assigned pursuant to
56 section eight hundred five of this article and when such inmate obtains
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1 a [general] high school equivalency diploma, an alcohol and substance
2 abuse treatment certificate, a vocational trade certificate following at
3 least six months of vocational programming or performs at least four
4 hundred hours of service as part of a community work crew.
5 § 10. Subdivision 19 of section 2 of the correction law, as amended by
6 chapter 63 of the laws of 1994, is amended to read as follows:
7 19. "Vocational and skills training facility" means a correctional
8 facility designated by the commissioner to provide a vocational and
9 skills training program ("VAST") to inmates who need such service before
10 they participate in a work release program. The VAST facility shall
11 provide intensive assessment, counseling, job search assistance and
12 where appropriate academic and vocational instruction to program partic-
13 ipants. Such assistance may include an assessment of any inmate's educa-
14 tion attainment level and skills aptitudes; career counseling and explo-
15 ration; the development of a comprehensive instructional plan including
16 identification of educational and training needs that may extend beyond
17 the date of entry into work release; instructional programs including
18 [GED] high school equivalency exam preparation or post-secondary
19 instruction as appropriate; occupational skills training; life skills
20 training; employment readiness including workplace behavior; and job
21 search assistance. The department and the department of labor shall
22 jointly develop activities providing career counseling, job search
23 assistance, and job placement services for participants. Nothing
24 contained in this section shall be deemed to modify the eligibility
25 requirements provided by law applicable to inmates participating in a
26 work release program.
27 § 11. Subdivision c of section 3-209 of the administrative code of the
28 city of New York, as added by local law number 34 of the city of New
29 York for the year 2004, is amended to read as follows:
30 c. Registration of graduating seniors. The department of education of
31 the city of New York shall provide a postage paid board of elections of
32 the city of New York voter registration form to each graduating student
33 who receives a high school diploma, including but not limited to a
34 Regents, local, [general] high school equivalency or Individualized
35 Education Program diploma. The department shall deliver such voter
36 registration form to each graduating student at the same time and in the
37 same manner as it delivers diplomas to each such student.
38 § 12. Subdivision b of section 21-703 of the administrative code of
39 the city of New York, as added by local law number 23 of the city of New
40 York for the year 2003, is amended to read as follows:
41 b. If an applicant, recipient or participant who is eligible for
42 education or training as set forth in subdivision c of this section
43 expresses an intention or preference to the agency to enroll in educa-
44 tion, training or vocational rehabilitation, or if an applicant's,
45 recipient's or participant's assessment indicates that he or she lacks
46 basic literacy, a secondary school diploma, or a [general] high school
47 equivalency diploma [(GED)] or otherwise indicates that education,
48 training or vocational rehabilitation would enhance the individual's
49 ability to obtain and maintain employment, then the agency shall offer
50 such applicant, recipient or participant the opportunity to enroll in an
51 approved program or programs, provided that such approved program or
52 programs can be classified as countable work activities.
53 § 13. Paragraph (b) of subdivision 1 of section 58 of the civil
54 service law, as amended by chapter 244 of the laws of 2013, is amended
55 to read as follows:
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1 (b) he or she is a high school graduate or a holder of a high school
2 equivalency diploma issued by an education department of any of the
3 states of the United States or a holder of a comparable diploma issued
4 by any commonwealth, territory or possession of the United States or by
5 the Canal Zone or a holder of a report from the United States armed
6 forces certifying his or her successful completion of a high school
7 equivalency exam or the tests of general educational development, high
8 school level;
9 § 14. Severability. The provisions of this act shall be severable, and
10 if the application of any clause, sentence, paragraph, subdivision,
11 section or part of this act to any person or circumstance shall be
12 adjudged by any court of competent jurisdiction to be invalid, such
13 judgement shall not necessarily affect, impair or invalidate the appli-
14 cation of any such clause, sentence, paragraph, subdivision, section,
15 part of this act or remainder thereof, as the case may be, to any other
16 person or circumstance, but shall be confined in its operation to the
17 clause, sentence, paragraph, subdivision, section or part thereof
18 directly involved in the controversy in which such judgment shall have
19 been rendered.
20 § 15. This act shall take effect January 1, 2022; provided, however,
21 that the amendments to paragraph (a-1) of subdivision 7 of section 6206
22 of the education law made by section three of this act shall be subject
23 to the expiration of such paragraph pursuant to section 16 of chapter
24 260 of the laws of 2011, as amended; provided further, that section four
25 of this act shall take effect on the same date as the reversion of para-
26 graph (a) of subdivision 7 of section 6206 of the education law as
27 provided in section 16 of chapter 260 of the laws of 2011, as amended;
28 and provided, further, that the amendments to subparagraph (iv) of para-
29 graph (d) of subdivision 1 of section 803 of the correction law made by
30 section eight of this act shall be subject to the expiration and rever-
31 sion of such section, when upon such date the provisions of section nine
32 of this act shall take effect.
