S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2928
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PEOPLES-STOKES, BENEDETTO, AUBRY, COOK, KAVANAGH
   -- Multi-Sponsored by -- M. of A. HOOPER, PERRY, RIVERA --  read  once
   and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing a program
   to enable over-age, under-credit youths to obtain a high school diplo-
   ma or equivalent

   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 article 100 to
 read as follows:
                                ARTICLE 100
                    OVER-AGE AND UNDER-CREDIT STUDENTS
 SECTION 4950.  LEGISLATIVE INTENT.
         4951.  OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM.
   § 4950. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT RECENTLY,  MORE
 HIGH SCHOOL STUDENTS ARE NOW BEING "PUSHED-OUT" OF THEIR SCHOOLS BECAUSE
 THEY  ARE  OVER-AGE  OR UNDER-CREDITED. ACCORDING TO ADVOCATES FOR CHIL-
 DREN, STUDENTS AS YOUNG AS FIFTEEN AND AS OLD AS TWENTY, HAVING A  RANGE
 OF  ACADEMIC  ACHIEVEMENTS,  WERE  BEING  TOLD  THAT THEY WERE NO LONGER
 ALLOWED TO STAY IN HIGH SCHOOL BECAUSE THEY WERE TOO OLD, DID  NOT  HAVE
 ENOUGH  CREDITS,  OR  WERE NOT ON TRACK TO EARN A DIPLOMA IN FOUR YEARS.
 "PUSHING-OUT" STUDENTS IS A RESULT OF SCHOOLS  DEEMING  THE  STUDENT  AS
 DIFFICULT  TO  EDUCATE  AND  MAY BE A RESULT OF CERTAIN RISK FACTORS NOT
 RELATED TO THE INDIVIDUAL  STUDENT'S  OWN  FAULT.  A  VARIETY  OF  THESE
 FACTORS MAY INCLUDE BUT ARE NOT LIMITED TO: POOR ACADEMIC PERFORMANCE OR
 ATTENDANCE;  DRUG  USE IN THE HOME; SINGLE PARENT HOUSEHOLD; NEGLECT AND
 ABUSE; TEEN PARENT; AND NO HIGH SCHOOL  GRADUATE  IN  THE  HOME.  PARENT
 CHARACTERISTICS THAT ALSO ESTABLISH RISK INCLUDE BUT ARE NOT LIMITED TO:
 PARENTS  SPEAK  ENGLISH  POORLY OR NOT AT ALL; PARENTAL CONTACT WITH THE
 SCHOOL AND HOMEWORK SUPPORT AT HOME IS LIMITED OR NON-EXISTENT;  LIMITED
 OR  NO ACCESS TO HEALTH BENEFITS; PARENTS ARE UNEMPLOYED, RECEIVE PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05548-01-7

 A. 2928                             2
 
 ASSISTANCE, OR ARE WORKING POOR; PARENTS ARE ELIGIBLE  FOR  BUT  DO  NOT
 ACCESS EARNED INCOME TAX CREDITS AND ARE FINANCIALLY UNSTABLE.
   THE  LEGISLATURE FURTHER FINDS THAT A PROGRAM IS NEEDED TO BE DIRECTED
 AT SEVENTEEN TO TWENTY YEAR OLD  OVER-AGE,  UNDER-CREDITED  HIGH  SCHOOL
 STUDENTS ALLOWING SUCH STUDENT TO BE "TRANSFERRED" TO AN ADULT EDUCATION
 PROGRAM  INSTEAD  OF  BEING  CONSIDERED  A  HIGH SCHOOL DROP-OUT. SUCH A
 PROGRAM WOULD HELP THOSE STUDENTS WHO ARE UNDER-CREDITED, OVER-AGED,  OR
 BEING PUSHED-OUT OF THEIR SCHOOL SYSTEM AN OPPORTUNITY TO CONTINUE THEIR
 EDUCATION  THEREBY  GIVING  THOSE  STUDENTS  ACCREDITATION AND THE RIGHT
 TOOLS FOR SUCCESS IN THEIR FUTURES.  THE  LEGISLATURE  THEREFORE  ESTAB-
 LISHES THE OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM.
   § 4951. OVER-AGE AND UNDER-CREDIT STUDENT PROGRAM. 1. THE COMMISSIONER
 IS  HEREBY DIRECTED TO CREATE AND ESTABLISH A PROGRAM THAT ENABLES OVER-
 AGE, UNDER-CREDIT YOUTH IN NEW YORK STATE TO OBTAIN A HIGH SCHOOL DIPLO-
 MA OR THE EQUIVALENT AND MAKE AN EFFECTIVE TRANSITION TO  EMPLOYMENT  OR
 POSTSECONDARY  EDUCATION  OR POSTSECONDARY-LEVEL TRAINING. THIS INCLUDES
 POSTSECONDARY DEGREE CREDIT STUDY, ADVANCED TRAINING, APPRENTICESHIP, OR
 EMPLOYMENT WITH A CAREER LADDER.
   2. STUDENTS WHO EXIT PUBLIC SCHOOLS WITHOUT A DIPLOMA SHALL BE  TRANS-
 FERRED TO APPROPRIATE PROGRAMMING FOR PURSUIT AND COMPLETION OF A GENER-
 AL EDUCATION DIPLOMA (GED).
   3.  THE  STATE EDUCATION DEPARTMENT SHALL RECOGNIZE AND ALLOW ALTERNA-
 TIVE CREDENTIALING FOR OVER-AGE, UNDER-CREDIT SEVENTEEN TO  TWENTY  YEAR
 OLD  STUDENTS.  THESE  ALTERNATIVE CREDENTIALS SHALL INCLUDE BUT ARE NOT
 LIMITED TO: GENERAL EDUCATION EQUIVALENCY PROGRAMS, ENTRY TO EMPLOYMENT,
 ENTRY TO POSTSECONDARY VOCATIONAL, TRAINING CERTIFICATE PROGRAMS,  WORK-
 PLACE  TRAINING  CREDENTIAL  AND  ACCEPTABLE  SCORES ON COLLEGE ENTRANCE
 EXAMS ENABLING THE STUDENT TO ENTER COLLEGE CREDIT CLASSES.
   4. SUCH ACTIONS SHALL BE CONSIDERED UNDER THE NEW YORK STATE EDUCATION
 ACCOUNTABILITY SYSTEM AS A TRANSFER RATHER THAN A DROP-OUT.
   5. SUCCESSFUL COMPLETION OF A CREDENTIAL  IDENTIFIED  ABOVE  SHALL  BE
 CONSIDERED A VALUED OUTCOME WITH CREDIT GIVEN TO LOCAL SCHOOL DISTRICTS.
   6.  THE  COMMISSIONER SHALL PROVIDE FOR THE INCREASED FUNDING TO COVER
 THE COSTS ASSOCIATED  WITH  DELIVERING  A  HIGH  QUALITY  GED/VOCATIONAL
 PROGRAM  TO OVER-AGE, UNDER-CREDITED YOUTH BETWEEN THE AGES OF SEVENTEEN
 AND TWENTY YEARS OLD EITHER  ENROLLED  IN  HIGH  SCHOOL  OR  ALTERNATIVE
 PROGRAMMING.
   § 2. 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.