S T A T E O F N E W Y O R K
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9542
I N S E N A T E
August 26, 2022
___________
Introduced by Sen. JORDAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the awarding of
posthumous high school diplomas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Daniel's
Diploma Law".
§ 2. Section 305 of the education law is amended by adding a new
subdivision 29-d to read as follows:
29-D. (A) THE COMMISSIONER SHALL DEVELOP A PROGRAM WHEREBY SCHOOL
DISTRICTS SHALL ISSUE A HIGH SCHOOL DIPLOMA TO A DECEASED STUDENT, AT
THE REQUEST OF THE STUDENT'S PARENT, GUARDIAN OR CUSTODIAN, IF THE
STUDENT:
(I) WAS ENROLLED IN A PUBLIC SCHOOL IN THE DISTRICT AT THE TIME OF
DEATH;
(II) WAS ACADEMICALLY ON TRACK AT THE TIME OF DEATH TO RECEIVE A
DIPLOMA AT THE END OF THE SCHOOL YEAR IN WHICH THE STUDENT DIED; AND
(III) DIED AFTER THE COMPLETION OF THE ELEVENTH GRADE SCHOOL YEAR OR
THE EQUIVALENT OF SUCH YEAR.
(B) A DIPLOMA ISSUED PURSUANT TO THIS SUBDIVISION MAY NOT BE ISSUED
BEFORE THE GRADUATION DATE OF THE CLASS IN WHICH THE STUDENT WAS
ENROLLED AT THE TIME OF DEATH. A SCHOOL DISTRICT SHALL NOT BE REQUIRED
TO AWARD A DIPLOMA TO A DECEASED STUDENT AT THE SAME CEREMONY OR EVENT
AS OTHER GRADUATING STUDENTS.
(C) NOTHING IN THIS SUBDIVISION SHALL LIMIT THE RETROACTIVE ISSUANCE
OF A HIGH SCHOOL DIPLOMA. DIPLOMAS ISSUED UNDER THIS SECTION SHALL NOT
COUNT TOWARD STUDENT GRADUATION COUNTS OR FOR ANY OTHER PURPOSE OF
FEDERAL AND STATE ACCOUNTABILITY DATA COLLECTION.
(D) FOR PURPOSES OF THIS SUBDIVISION, "SCHOOL YEAR" INCLUDES ANY
SUMMER SESSION FOLLOWING THE SPRING SEMESTER.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16261-03-2