S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2261
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of A. PEOPLES-STOKES, BENEDETTO, RIVERA -- read once
   and referred to the Committee on Education
 
 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".
   § 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.
   § 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.
   § 3401.  DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03450-01-7
              

 A. 2261                             2
 
   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.
   §  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  SEVENTEEN--TWO
 THOUSAND EIGHTEEN 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 EIGHTEEN--TWO THOUSAND NINETEEN
 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.
   § 3403. ELIGIBILITY REQUIREMENTS. 1.  STUDENTS  FIRST  ENTERING  GRADE
 NINE  IN  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN 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;

 A. 2261                             3
 
   (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

 A. 2261                             4
 
 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.
   § 3. This act shall take effect April 1, 2017; 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.