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A07873 Summary:

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A07873 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7873--A
                                                                Cal. No. 388
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2013
                                       ___________
 
        Introduced  by  M.  of A. NOLAN, DUPREY -- read once and referred to the
          Committee on Education -- advanced to a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10165-03-4
        A. 7873--A                          2
 
     1  within  five  years  of  receiving  a  [general] high school equivalency
     2  diploma issued within New York state; or
     3    §  4.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
     4  6206 of the education law, as amended by chapter  327  of  the  laws  of

     5  2002, is amended to read as follows:
     6    (ii)  attended  an  approved New York state program for [general] high
     7  school equivalency diploma exam preparation, received a  [general]  high
     8  school  equivalency diploma issued within New York state and applied for
     9  attendance at an institution or educational unit of the city  university
    10  within  five  years  of  receiving  a  [general] high school equivalency
    11  diploma issued within New York state; or
    12    § 5. Paragraph (ii) of subdivision 5 of section 6301 of the  education
    13  law,  as  amended by chapter 327 of the laws of 2002, is amended to read
    14  as follows:
    15    (ii) attended an approved New York state program  for  [general]  high

    16  school  equivalency  diploma exam preparation, received a [general] high
    17  school equivalency diploma issued within New York state and applied  for
    18  attendance at an institution or educational unit of the state university
    19  within  five  years  of  receiving  a  [general] high school equivalency
    20  diploma issued within New York state; or
    21    § 6. Subdivisions 2 and 3 of section 97-hhh of the state finance  law,
    22  as added by section 84 of part A of chapter 436 of the laws of 1997, are
    23  amended to read as follows:
    24    2.  Notwithstanding any other law, rule or regulation to the contrary,
    25  the state comptroller is hereby authorized and directed to  receive  for
    26  deposit  to  the  credit  of  the  high school equivalency account, fees
    27  established by the commissioner of education and approved by the  direc-

    28  tor  of  the  budget to supplement administration of [the general educa-
    29  tional development tests] high school equivalency  exams  for  the  high
    30  school equivalency diploma.
    31    3. Moneys of this account, following appropriation by the legislature,
    32  shall  be  available  to the state education department for services and
    33  expenses related to  the  administration  of  [the  general  educational
    34  development  tests]  high  school  equivalency exams for the high school
    35  equivalency diploma.
    36    § 7. Subdivision 4 of section 2807-g of  the  public  health  law,  as
    37  added by chapter 1 of the laws of 1999, is amended to read as follows:
    38    4.  Eligible programs shall include programs which provide one or more
    39  of the following services in connection with training an eligible worker

    40  to: (i) obtain a new position, (ii) continue to meet the requirements of
    41  an existing position, or (iii) otherwise meet the  requirements  of  the
    42  changing  health care industry: (a) assessments to help determine train-
    43  ing needs; (b) remediation, including preparation in English for  speak-
    44  ers or writers of other languages, instruction in basic reading or math-
    45  ematics,  or  completion  of  requirements  for  a [general] high school
    46  equivalency diploma [(GED)]; (c) basic skills development; (d)  reorien-
    47  tation;  and  (e)  skills  and educational enhancement, including, where
    48  appropriate, the provision of college level  or  college  degree  course
    49  work.  To  the  extent that an eligible program is providing services to
    50  train eligible workers to obtain a new position or to continue  to  meet

    51  the  requirements of an existing position only, reimbursement shall also
    52  be available to an eligible organization for  the  actual  cost  of  any
    53  employment  or  employment-related  expenses  incurred  by  the eligible
    54  organization in fulfilling  the  duties  and  responsibilities  of  such
    55  employees while they are engaged in such training programs.
        A. 7873--A                          3
 
     1    §  8.  Paragraph  (k)  of  subdivision  1 of section 336 of the social
     2  services law, as added by section 148 of part B of chapter  436  of  the
     3  laws of 1997, is amended to read as follows:
     4    (k)  satisfactory  attendance at secondary school or a course of study
     5  leading to a certificate of [general] high  school  equivalency  in  the
     6  case  of  a recipient who has not completed secondary school or received
     7  such certificate;

     8    § 9. The opening paragraph of subparagraph (iv) of  paragraph  (d)  of
     9  subdivision  1 of section 803 of the correction law, as added by chapter
    10  738 of the laws of 2004, is amended to read as follows:
    11    Such merit time allowance may be granted when an  inmate  successfully
    12  participates  in  the  work  and  treatment program assigned pursuant to
    13  section eight hundred five of this article and when such inmate  obtains
    14  a  [general]  high  school equivalency diploma, an alcohol and substance
    15  abuse treatment certificate, a vocational trade certificate following at
    16  least six months of vocational programming or  performs  at  least  four
    17  hundred hours of service as part of a community work crew.
    18    §  10.  The opening paragraph of subparagraph (iv) of paragraph (d) of
    19  subdivision 1 of section 803 of the correction law, as added by  section

    20  10-a of chapter 738 of the laws of 2004, is amended to read as follows:
    21    (iv)  Such merit time allowance may be granted when an inmate success-
    22  fully participates in the work and treatment program  assigned  pursuant
    23  to  section  eight  hundred  five  of  this article and when such inmate
    24  obtains a [general] high school  equivalency  diploma,  an  alcohol  and
    25  substance  abuse  treatment  certificate, a vocational trade certificate
    26  following at least six months of vocational programming or  performs  at
    27  least four hundred hours of service as part of a community work crew.
    28    § 11. Subdivision 19 of section 2 of the correction law, as amended by
    29  chapter 63 of the laws of 1994, is amended to read as follows:
    30    19.  "Vocational  and  skills  training facility" means a correctional
    31  facility designated by the commissioner  to  provide  a  vocational  and

    32  skills training program ("VAST") to inmates who need such service before
    33  they  participate  in  a  work  release program. The VAST facility shall
    34  provide intensive assessment,  counseling,  job  search  assistance  and
    35  where appropriate academic and vocational instruction to program partic-
    36  ipants. Such assistance may include an assessment of any inmate's educa-
    37  tion attainment level and skills aptitudes; career counseling and explo-
    38  ration;  the development of a comprehensive instructional plan including
    39  identification of educational and training needs that may extend  beyond
    40  the  date  of  entry into work release; instructional programs including
    41  [GED]  high  school  equivalency  exam  preparation  or   post-secondary
    42  instruction  as  appropriate;  occupational skills training; life skills
    43  training; employment readiness including  workplace  behavior;  and  job

    44  search  assistance.  The  department  and  the department of labor shall
    45  jointly develop  activities  providing  career  counseling,  job  search
    46  assistance,   and  job  placement  services  for  participants.  Nothing
    47  contained in this section shall be  deemed  to  modify  the  eligibility
    48  requirements  provided  by  law applicable to inmates participating in a
    49  work release program.
    50    § 12. Subdivision c of section 3-209 of the administrative code of the
    51  city of New York, as added by local law number 34 of  the  city  of  New
    52  York for the year 2004, is amended to read as follows:
    53    c.  Registration of graduating seniors. The department of education of
    54  the city of New York shall provide a postage paid board of elections  of
    55  the  city of New York voter registration form to each graduating student
    56  who receives a high school diploma,  including  but  not  limited  to  a

        A. 7873--A                          4
 
     1  Regents,  local,  [general]  high  school  equivalency or Individualized
     2  Education Program diploma.  The  department  shall  deliver  such  voter
     3  registration form to each graduating student at the same time and in the
     4  same manner as it delivers diplomas to each such student.
     5    §  13.  Subdivision  b of section 21-703 of the administrative code of
     6  the city of New York, as added by local law number 23 of the city of New
     7  York for the year 2003, is amended to read as follows:
     8    b. If an applicant, recipient  or  participant  who  is  eligible  for
     9  education  or  training  as  set  forth in subdivision c of this section
    10  expresses an intention or preference to the agency to enroll  in  educa-
    11  tion,  training  or  vocational  rehabilitation,  or  if an applicant's,

    12  recipient's or participant's assessment indicates that he or  she  lacks
    13  basic  literacy,  a secondary school diploma, or a [general] high school
    14  equivalency diploma  [(GED)]  or  otherwise  indicates  that  education,
    15  training  or  vocational  rehabilitation  would enhance the individual's
    16  ability to obtain and maintain employment, then the agency  shall  offer
    17  such applicant, recipient or participant the opportunity to enroll in an
    18  approved  program  or  programs,  provided that such approved program or
    19  programs can be classified as countable work activities.
    20    § 14.   Paragraph (b) of subdivision 1 of  section  58  of  the  civil
    21  service  law,  as amended by chapter 244 of the laws of 2013, is amended
    22  to read as follows:
    23    (b) he or she is a high school graduate or a holder of a  high  school

    24  equivalency  diploma  issued  by  an  education department of any of the
    25  states of the United States or a holder of a comparable  diploma  issued
    26  by  any commonwealth, territory or possession of the United States or by
    27  the Canal Zone or a holder of a report  from  the  United  States  armed
    28  forces  certifying  his  or  her  successful completion of a high school
    29  equivalency exam or the tests of general educational  development,  high
    30  school level;
    31    § 15. Severability. The provisions of this act shall be severable, and
    32  if  the  application  of  any  clause, sentence, paragraph, subdivision,
    33  section or part of this act to  any  person  or  circumstance  shall  be
    34  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    35  judgement shall not necessarily affect, impair or invalidate the  appli-

    36  cation  of  any  such clause, sentence, paragraph, subdivision, section,
    37  part of this act or remainder thereof, as the case may be, to any  other
    38  person  or  circumstance,  but shall be confined in its operation to the
    39  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    40  directly  involved  in the controversy in which such judgment shall have
    41  been rendered.
    42    § 16. This act shall take effect January 1, 2015;  provided,  however,
    43  that  the amendments to paragraph (a-1) of subdivision 7 of section 6206
    44  of the education law made by section three of this act shall be  subject
    45  to  the  expiration  of such paragraph pursuant to section 16 of chapter
    46  260 of the laws of 2011, as amended; provided further, that section four
    47  of this act shall take effect on the same date as the reversion of para-
    48  graph (a) of subdivision 7 of section  6206  of  the  education  law  as

    49  provided  in  section 16 of chapter 260 of the laws of 2011, as amended;
    50  and provided, further, that the amendments to subparagraph (iv) of para-
    51  graph (d) of subdivision 1 of section 803 of the correction law made  by
    52  section  nine  of this act shall be subject to the expiration and rever-
    53  sion of such section, when upon such date the provisions of section  ten
    54  of this act shall take effect.