senate Bill S7414

2013-2014 Legislative Session

Relates to high school equivalency diplomas

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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May 14, 2014 referred to education

S7414 - Bill Details

See Assembly Version of this Bill:
A7873A
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §317-a, amd §§355, 6206 & 6301, Ed L; amd §97-hhh, St Fin L; amd §2807-g, Pub Health L; amd §336, Soc Serv L; amd §§803 & 2, Cor L; amd §§3-209 & 21-703, NYC Ad Cd; amd §58, Civ Serv L

S7414 - Bill Texts

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Relates to high school equivalency diplomas.

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BILL NUMBER:S7414

TITLE OF BILL: An act to amend the education law, the state finance
law, the public health 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

SUMMARY OF PROVISIONS: This bill prohibits a fee for admission to any
exam that would award a high school equivalency diploma.

JUSTIFICATION: New York State developed a new high school equivalency
exam beginning in January, 2014. This bill continues the states policy
of not charging a fee far this new exam or any other exams that will
lead to a high school equivalency diploma.

Current law, Education Law § 317, prohibits a fee for admission to the
examination that leads to a general education development (GED) test.

This law remains and is not affected by this legislation.

This legislation would allow DCA's OFE to expand its efforts to link
families with low incomes to safe, affordable products and services
offered by mainstream financial institutions.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

PRIOR LEGISLATIVE HISTORY: A7790 of the 2011-2012 legislative session.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January1, 2015 with
provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7414

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed 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
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10165-04-4

S. 7414                             2

  (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:
  (k)  satisfactory  attendance at secondary school or a course of study
leading to a certificate of [general] HIGH  SCHOOL  equivalency  in  the

S. 7414                             3

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
registration form to each graduating student at the same time and in the
same manner as it delivers diplomas to each such student.

S. 7414                             4

  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.    Paragraph  (b)  of  subdivision 1 of section 58 of the civil
service law, as amended by chapter 244 of the laws of 2013,  is  amended
to read as follows:
  (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 or her successful  completion  of  A  HIGH  SCHOOL
EQUIVALENCY  EXAM  OR the tests of general educational development, high
school level;
  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, 2015; 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.

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