S T A T E   O F   N E W   Y O R K
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                                  2980

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  PEOPLES-STOKES, BENEDETTO, RIVERA, CAMARA --
  Multi-Sponsored by -- M.  of A. COLTON, GALEF, HEASTIE, HIKIND, ROBIN-
  SON, SCARBOROUGH -- read once and referred to the Committee on  Educa-
  tion

AN ACT to amend the education law, in relation to establishing an accel-
  erated high school graduation program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"the New York accelerated high school graduation option act".
  S  2.  The education law is amended by adding a new article 67 to read
as follows:
                               ARTICLE 67
       THE NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT
SECTION 3400. LEGISLATIVE FINDINGS.
        3401. DEFINITIONS.
        3402. ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT.
        3403. ELIGIBILITY REQUIREMENTS.
  S 3400. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS THAT IT  IS
NECESSARY  FOR  THE  STATE'S CITIZENS TO ACQUIRE AN EDUCATION BEYOND THE
SECONDARY LEVEL IN ORDER TO SUCCEED DURING THE TWENTY-FIRST CENTURY. THE
LEGISLATURE ALSO FINDS THAT NEW YORK STATE HAS ONE OF THE HIGHEST  AVER-
AGE  TUITIONS  AMONG  PUBLIC  COMMUNITY  COLLEGES IN THE COUNTRY AND THE
SMALLEST PERCENTAGES OF ENROLLMENTS IN PUBLIC COMMUNITY COLLEGES  VERSUS
PRIVATE  FOUR  YEAR  INSTITUTIONS.  THE  LEGISLATURE  FURTHER FINDS THAT
COMMUNITY COLLEGES STRENGTHEN NEW YORK'S ECONOMY BY  PROVIDING  STUDENTS
WITH  EDUCATIONAL TRAINING AND EXPERIENCE WHICH ENSURES A HIGHLY PRODUC-
TIVE, WELL-TRAINED, WORK FORCE. THE LEGISLATURE  THEREFORE  ENACTS  "THE
NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT" IN ORDER TO HELP
HIGH ACHIEVING HIGH SCHOOL STUDENTS PURSUE A POST-SECONDARY EDUCATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01308-01-5

              

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  S 3401.    DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COMMUNITY COLLEGES" MEANS COLLEGES ESTABLISHED AND OPERATED PURSU-
ANT TO THE PROVISIONS OF ARTICLE ONE HUNDRED TWENTY-SIX OF THIS CHAPTER,
EITHER INDIVIDUALLY OR JOINTLY, BY COUNTIES, CITIES, INTERMEDIATE SCHOOL
DISTRICTS,  SCHOOL  DISTRICTS APPROVED BY THE STATE UNIVERSITY TRUSTEES,
OR INDIVIDUALLY BY COMMUNITY  COLLEGE  REGIONS  APPROVED  BY  THE  STATE
UNIVERSITY  TRUSTEES,  AND  PROVIDING  TWO-YEAR  POST SECONDARY PROGRAMS
PURSUANT TO REGULATIONS PRESCRIBED BY THE STATE UNIVERSITY TRUSTEES  AND
RECEIVING FINANCIAL ASSISTANCE FROM THE STATE THEREFOR;
  2.  "STANDARDIZED  TEST" OR "TEST" MEANS ANY TEST THAT IS GIVEN IN NEW
YORK AT THE EXPENSE OF THE TEST SUBJECT AND DESIGNED FOR  USE  AND  USED
SOLELY   FOR  PLACEMENT,  CREDIT-BY-EXAMINATION  OR  OTHER  NONADMISSION
PURPOSE OR ANY TEST DEVELOPED AND ADMINISTERED BY AN  INDIVIDUAL  SCHOOL
OR  INSTITUTION SOLELY FOR ITS OWN PURPOSES OR ANY TEST, OR PORTION OF A
TEST, DESIGNED TO EVALUATE MANUAL SKILLS OR  OTHER  PHYSICAL  ABILITIES;
AND
  3.  "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF
NEW YORK.
  S 3402. ACCELERATED HIGH SCHOOL GRADUATION OPTION  ACT.  1.  THERE  IS
HEREBY  CREATED  "THE NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION
ACT". IT SHALL BE THE DUTY OF THE COMMISSIONER, OR HIS OR HER  DESIGNEE,
TO ADMINISTER THE PROGRAM.
  2. STUDENTS WHO ENTER GRADE NINE IN THE TWO THOUSAND FIFTEEN-TWO THOU-
SAND SIXTEEN SCHOOL YEAR AND THEREAFTER MAY SELECT, UPON RECEIPT OF EACH
STUDENT  AND  PARENT'S  CONSENT  TO COMPLETE HIGH SCHOOL IN THREE YEARS,
INSTEAD OF THE REQUIRED FOUR YEARS  MANDATED  BY  THE  DEPARTMENT  SHALL
BECOME  ELIGIBLE  TO  RECEIVE  A  SCHOLARSHIP  TO COVER THE FULL COST OF
TUITION AT A NEW YORK COMMUNITY COLLEGE. THE  SCHOLARSHIP  AMOUNT  SHALL
NOT,  WHEN  COMBINED  WITH  ANY  OTHER  FINANCIAL ASSISTANCE, EXCEED THE
STUDENT'S ACTUAL COST OF ATTENDANCE AT THE COMMUNITY COLLEGE  WHERE  THE
SCHOLARSHIP  IS USED. IF THE STUDENT CHOOSES THE OPTION TO GRADUATE HIGH
SCHOOL IN FOUR YEARS  PURSUANT  TO  THE  REQUIREMENTS  MANDATED  BY  THE
DEPARTMENT,  THE  OPTION  FOR A SCHOLARSHIP TO RECEIVE FREE TUITION AT A
NEW YORK COMMUNITY COLLEGE WILL NOT BE AVAILABLE.
  3. BEGINNING WITH THE  TWO  THOUSAND  SIXTEEN-TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR,  EACH  DISTRICT SCHOOL BOARD SHALL PROVIDE EACH STUDENT IN
GRADES SIX THROUGH NINE AND THEIR PARENTS  WITH  INFORMATION  CONCERNING
THE  THREE-YEAR AND FOUR-YEAR HIGH SCHOOL GRADUATION OPTIONS. THE INFOR-
MATION MUST INCLUDE A TIMEFRAME FOR ACHIEVING EACH GRADUATION OPTION.
  4. SELECTION OF ONE OF THE GRADUATION OPTIONS MUST BE COMPLETED BY THE
STUDENT PRIOR TO THE END OF GRADE NINE AND  IS  EXCLUSIVELY  UP  TO  THE
STUDENT  AND PARENT. EACH DISTRICT SCHOOL BOARD SHALL ESTABLISH POLICIES
FOR EXTENDING THIS DEADLINE TO THE END OF A STUDENT'S FIRST SEMESTER  OF
GRADE TEN FOR A STUDENT WHO ENTERED A NEW YORK STATE PUBLIC SCHOOL AFTER
GRADE  NINE  UPON TRANSFER FROM A PRIVATE SCHOOL OR ANOTHER STATE OR WHO
WAS PREVENTED FROM CHOOSING A GRADUATION OPTION DUE  TO  ILLNESS  DURING
GRADE  NINE.  IF  THE  STUDENT  AND  PARENT  FAIL TO SELECT A GRADUATION
OPTION, THE STUDENT SHALL BE CONSIDERED TO HAVE  SELECTED  THE  STANDARD
FOUR YEAR PROGRAM.
  S  3403.  ELIGIBILITY  REQUIREMENTS.  1. STUDENTS FIRST ENTERING GRADE
NINE IN THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN  SCHOOL  YEAR  AND
THEREAFTER  MUST  EARN AT LEAST TWENTY-TWO UNITS OF CREDIT INCLUDING TWO
CREDITS IN PHYSICAL EDUCATION, IN COMPLIANCE WITH  THE  NEW  YORK  STATE
REGENTS, IN ORDER TO RECEIVE A REGENTS DIPLOMA.
  (A) ENGLISH, FOUR UNITS OF CREDIT;

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  (B) SOCIAL STUDIES, FOUR UNITS OF CREDIT AS SET FORTH IN PARAGRAPH (6)
OF  SECTION 100.5 DIPLOMA REQUIREMENTS SET FORTH WITH THE NEW YORK STATE
BOARD OF REGENTS;
  (C)  SCIENCE,  THREE UNITS OF CREDIT OF COMMENCEMENT LEVEL SCIENCE, AT
LEAST ONE COURSE SHALL BE LIFE SCIENCES AND AT LEAST ONE IN THE PHYSICAL
SCIENCES, THE THIRD MAY BE EITHER LIFE SCIENCES OR PHYSICAL SCIENCES;
  (D) MATHEMATICS, THREE UNITS OF CREDIT OF MATHEMATICS, WHICH SHALL  BE
AT   A   MORE   ADVANCED   LEVEL   THAN   GRADE  EIGHT  AND  SHALL  MEET
COMMENCEMENT-LEVEL LEARNING STANDARDS AS DETERMINED BY THE COMMISSIONER;
  (E) VISUAL ARTS AND/OR MUSIC, DANCE, OR THEATRE, ONE UNIT  OF  CREDIT;
AND
  (F)  HEALTH  EDUCATION,  ONE-HALF  UNIT  OF  CREDIT IN ACCORDANCE WITH
LEARNING STANDARDS IN THE  AREA  OF  PARENTING  BEING  ATTAINED  THROUGH
EITHER THE HEALTH OR FAMILY AND CONSUMER SCIENCES PROGRAMS OR A SEPARATE
COURSE.
  2.  PRIOR  TO  SELECTING A PROGRAM, A STUDENT AND THE STUDENT'S PARENT
MUST MEET WITH DESIGNATED SCHOOL PERSONNEL TO RECEIVE AN EXPLANATION  OF
THE RELATIVE REQUIREMENTS, ADVANTAGES, AND DISADVANTAGES OF THE PROGRAM,
AND  THE  STUDENT MUST ALSO RECEIVE THE WRITTEN CONSENT OF THE STUDENT'S
PARENT.
  3. STUDENTS PURSUING ACCELERATED  THREE-YEAR  HIGH  SCHOOL  GRADUATION
MUST:
  (A)  EARN  PASSING SCORES ON ALL REGENTS EXAMS, STANDARDIZED TESTS, OR
TEACHER GIVEN FINAL EXAMS IN ORDER TO RECEIVE CREDIT TOWARD THE ACCELER-
ATED DEGREE; AND
  (B) ACHIEVE A CUMULATIVE WEIGHTED GRADE POINT AVERAGE OF 3.0 ON A  4.0
SCALE, OR ITS EQUIVALENT, IN THE COURSES REQUIRED FOR THE CAREER PREPAR-
ATORY  ACCELERATED  THREE-YEAR HIGH SCHOOL GRADUATION OPTION PURSUANT TO
THIS ARTICLE.
  4. IF, AT THE END OF GRADE TEN, A STUDENT IS NOT ON TRACK TO MEET  THE
CREDIT,  ASSESSMENT, OR GRADE POINT AVERAGE REQUIREMENTS OF THE ACCELER-
ATED GRADUATION OPTION SELECTED, THE SCHOOL SHALL NOTIFY THE STUDENT AND
PARENT OF THE FOLLOWING:
  (A) THE REQUIREMENTS THAT THE STUDENT IS NOT CURRENTLY MEETING;
  (B) THE SPECIFIC PERFORMANCE NECESSARY IN GRADE ELEVEN FOR THE STUDENT
TO MEET THE ACCELERATED GRADUATION REQUIREMENTS; AND
  (C) THE RIGHT OF THE STUDENT TO CHANGE TO THE FOUR-YEAR PROGRAM.
  5. A STUDENT WHO SELECTED ONE OF THE ACCELERATED THREE-YEAR GRADUATION
OPTIONS SHALL  AUTOMATICALLY  MOVE  TO  THE  FOUR-YEAR  PROGRAM  IF  THE
STUDENT:
  (A) EXERCISES HIS OR HER RIGHT TO CHANGE TO THE FOUR-YEAR PROGRAM; AND
  (B)  FAILS  TO  EARN FIVE CREDITS BY THE END OF GRADE NINE OR FAILS TO
EARN ELEVEN CREDITS BY THE END OF GRADE TEN.
  6. A STUDENT WHO MEETS ALL REQUIREMENTS SHALL  BE  AWARDED  A  REGENTS
DIPLOMA IN A FORM PRESCRIBED BY THE STATE BOARD OF EDUCATION.
  7.  (A)  A STUDENT SHALL BE ELIGIBLE FOR A SCHOLARSHIP UPON COMPLETION
OF HIGH SCHOOL WITHIN THREE YEARS ACCORDING TO THE REQUIREMENTS OF  THIS
ARTICLE. THE SCHOLARSHIP SHALL COVER THE COST OF UP TO FIVE SEMESTERS OF
TUITION AND APPROVED FEES AT A NEW YORK COMMUNITY COLLEGE.
  (B) TO BE ELIGIBLE TO RECEIVE SUCH SCHOLARSHIP A STUDENT SHALL:
  (I)  BE  A  UNITED STATES CITIZEN OR HAVE PERMANENT RESIDENT STATUS IN
THE NEW YORK COUNTY WHERE THE COMMUNITY COLLEGE IS LOCATED;
  (II) HAVE COMPLETED HIGH SCHOOL WITHIN THREE YEARS  ACCORDING  TO  THE
REQUIREMENTS OF THIS ACT;
  (III)  BE  ENROLLED  IN  AN  ASSOCIATE DEGREE PROGRAM FOR A MINIMUM OF
TWELVE CREDIT HOURS AND A MAXIMUM OF FIFTEEN CREDIT HOURS  PER  SEMESTER

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AT  THE  COMMUNITY COLLEGE, NOT INCLUDING ANY CREDIT HOURS IN A REMEDIAL
OR DEVELOPMENTAL CURRICULUM;
  (IV)  HAVE  MAINTAINED CONTINUOUS FULL-TIME ENROLLMENT AT THE NEW YORK
COMMUNITY COLLEGE; AND
  (V) HAVE APPLIED FOR ALL OTHER AVAILABLE FORMS OF  STATE  AND  FEDERAL
FINANCIAL AID, EXCLUSIVE OF LOANS.
  S 3. This act shall take effect April 1, 2015; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.