S T A T E O F N E W Y O R K
________________________________________________________________________
5365
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, the public health law, the social
services law and the correction law, in relation to high school equiv-
alency exams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 317 of the education law, as added by chapter 170
of the laws of 1994, is amended to read as follows:
S 317. [General education development] HIGH SCHOOL EQUIVALENCY exam.
Notwithstanding any provision of law, no fee shall be established for
admission to the [general education development] HIGH SCHOOL EQUIVALENCY
exam.
S 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10873-03-3
S. 5365 2
organization in fulfilling the duties and responsibilities of such
employees while they are engaged in such training programs.
S 3. 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 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. 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
S 6. 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 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;
S 8. 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
S. 5365 3
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 9. The opening paragraph of subparagraph (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, as added by section
7 of 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:
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 11. This act shall take effect January 1, 2014; provided, however,
that section four of this act shall take effect on the same date as the
reversion of paragraph (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; provided further that the amendments to paragraph
(a-1) of subdivision 7 of section 6206 of the education law made by
section five of this act shall not affect the expiration of such para-
graph and shall expire and be deemed repealed therewith; and provided
further that the amendments to subparagraph (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law made by section nine
of this act shall not affect the expiration of such section and shall
expire and be deemed repealed therewith, when upon such date the
provisions of section ten of this act shall take effect.
