S T A T E O F N E W Y O R K
________________________________________________________________________
7873
2013-2014 Regular Sessions
I N A S S E M B L Y
June 6, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
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:
Section 1. The education law is amended by adding a new section 317-a
to read as follows:
S 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.
S 2. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
section 355 of the education law, as added 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
S 3. Subparagraph (ii) of paragraph (a-1) of subdivision 7 of section
6206 of the education law, as amended by chapter 260 of the laws of
2011, 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.
LBD10165-02-3
A. 7873 2
S 4. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
6206 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 city university
within five years of receiving a [general] HIGH SCHOOL equivalency
diploma issued within New York state; or
S 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
S 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.
S 7. Subdivision 4 of section 2807-g of the public health law, as
added by chapter 1 of the laws of 1999, is amended to read as follows:
4. Eligible programs shall include programs which provide one or more
of the following services in connection with training an eligible worker
to: (i) obtain a new position, (ii) continue to meet the requirements of
an existing position, or (iii) otherwise meet the requirements of the
changing health care industry: (a) assessments to help determine train-
ing needs; (b) remediation, including preparation in English for speak-
ers or writers of other languages, instruction in basic reading or math-
ematics, or completion of requirements for a [general] HIGH SCHOOL
equivalency diploma [(GED)]; (c) basic skills development; (d) reorien-
tation; and (e) skills and educational enhancement, including, where
appropriate, the provision of college level or college degree course
work. To the extent that an eligible program is providing services to
train eligible workers to obtain a new position or to continue to meet
the requirements of an existing position only, reimbursement shall also
be available to an eligible organization for the actual cost of any
employment or employment-related expenses incurred by the eligible
organization in fulfilling the duties and responsibilities of such
employees while they are engaged in such training programs.
S 8. Paragraph (k) of subdivision 1 of section 336 of the social
services law, as added by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
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(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;
S 9. The opening paragraph of subparagraph (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, as added by chapter
738 of the laws of 2004, is amended to read as follows:
Such merit time allowance may be granted when an inmate successfully
participates in the work and treatment program assigned pursuant to
section eight hundred five of this article and when such inmate obtains
a [general] HIGH SCHOOL equivalency diploma, an alcohol and substance
abuse treatment certificate, a vocational trade certificate following at
least six months of vocational programming or performs at least four
hundred hours of service as part of a community work crew.
S 10. The opening paragraph of subparagraph (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, as added by section
10-a of chapter 738 of the laws of 2004, is amended to read as follows:
(iv) Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program assigned pursuant
to section eight hundred five of this article and when such inmate
obtains a [general] HIGH SCHOOL equivalency diploma, an alcohol and
substance abuse treatment certificate, a vocational trade certificate
following at least six months of vocational programming or performs at
least four hundred hours of service as part of a community work crew.
S 11. Subdivision 19 of section 2 of the correction law, as amended by
chapter 63 of the laws of 1994, 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 inmates 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 partic-
ipants. Such assistance may include an assessment of any inmate's educa-
tion attainment level and skills aptitudes; career counseling and explo-
ration; the development of a comprehensive 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; occupational 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 modify the eligibility
requirements provided by law applicable to inmates participating in a
work release program.
S 12. 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
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registration form to each graduating student at the same time and in the
same manner as it delivers diplomas to each such student.
S 13. 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
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.
S 14. Subdivision 1 of section 58 of the civil service law, as amended
by chapter 560 of the laws of 1978, the opening paragraph as amended by
chapter 435 of the laws of 1997, and paragraph (a) as amended by chapter
346 of the laws of 2008, is amended to read as follows:
1. Notwithstanding any other provision of this law or any general,
special or local law to the contrary, no person shall be eligible for
provisional or permanent appointment in the competitive class of the
civil service as a police officer of any police force or police depart-
ment of any county, city, town, village, housing authority or police
district unless he OR SHE shall satisfy the following basic require-
ments:
(a) he or she is not less than twenty years of age as of the date of
appointment nor more than thirty-five years of age as of the date when
the applicant takes the written examination, provided that the maximum
age requirement of thirty-five years of age as set forth in this para-
graph shall not apply to eligible lists finalized pursuant to an exam-
ination administered prior to May thirty-first, nineteen hundred nine-
ty-nine, provided, however, that:
(i) time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age of any applicant
who has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
(ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this subparagraph by the
city of Buffalo civil service commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
(iii) such maximum age requirement of thirty-five years shall not
apply to any police officer of any county, town, city or village police
force not otherwise provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however, the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements of merit
and fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine;
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(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 successful completion of A HIGH SCHOOL EQUIVALENCY
EXAM OR the tests of general educational development, high school level;
(c) he OR SHE satisfies the height, weight and physical fitness
requirements prescribed by the municipal police training council pursu-
ant to the provisions of section eight hundred forty of the executive
law; and
(d) he OR SHE is of good moral character.
S 15. 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
judgement shall not necessarily affect, impair or invalidate the appli-
cation 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.
S 16. This act shall take effect January 1, 2014; 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 nine of this act shall be subject to the expiration and rever-
sion of such section, when upon such date the provisions of section ten
of this act shall take effect.