Assembly Bill A8438

2023-2024 Legislative Session

Provides for the posthumous awarding of high school diplomas

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8438 (ACTIVE) - Details

See Senate Version of this Bill:
S8104
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §3204, Ed L

2023-A8438 (ACTIVE) - Summary

Directs the board of education or the board of trustees of each school district shall establish a policy and adopt procedures permitting the district to confer a diploma on a student posthumously if, at the time of death, such student had completed the eleventh grade class of a public school in the district and was enrolled or expected to be enrolled in the twelfth grade class within the same public school district the following school year.

2023-A8438 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8438
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to posthumous awarding of
   high school diplomas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  3204 of the education law is amended by adding a
 new subdivision 6 to read as follows:
   6. POSTHUMOUS AWARDING OF DIPLOMAS. THE  BOARD  OF  EDUCATION  OR  THE
 BOARD  OF  TRUSTEES OF EACH SCHOOL DISTRICT SHALL ESTABLISH A POLICY AND
 ADOPT PROCEDURES PERMITTING THE  DISTRICT  TO  CONFER  A  DIPLOMA  ON  A
 STUDENT  POSTHUMOUSLY  IF,  AT  THE  TIME  OF  DEATH,  SUCH  STUDENT HAD
 COMPLETED THE ELEVENTH GRADE CLASS OF A PUBLIC SCHOOL  IN  THE  DISTRICT
 AND  WAS  ENROLLED OR EXPECTED TO BE ENROLLED IN THE TWELFTH GRADE CLASS
 WITHIN THE SAME PUBLIC SCHOOL DISTRICT THE FOLLOWING  SCHOOL  YEAR.  THE
 POLICY AND PROCEDURES SHALL ADDRESS THE DISTRICT'S COORDINATION WITH THE
 PARENTS  OR  GUARDIANS OF THE DECEASED STUDENT CONCERNING THE METHOD FOR
 CONFERRING SUCH A DIPLOMA, INCLUDING BUT NOT LIMITED TO, SITE OF PRESEN-
 TATION, IDENTITY OF A PROXY RECIPIENT, FAMILY  ATTENDANCE  AT  THE  HIGH
 SCHOOL  GRADUATION  CEREMONY,  AND  SCOPE  OF RECOGNITION AND/OR PARTIC-
 IPATION, IF ANY, AT THE  HIGH  SCHOOL  GRADUATION  CEREMONY,  AND  SHALL
 FURTHER  PROVIDE  FOR  ANNUAL  WRITTEN  NOTICE TO ALL STUDENTS AND THEIR
 PARENTS OR GUARDIANS ABOUT THE SCHOOL DISTRICT'S POLICY  AND  PROCEDURES
 ADOPTED IN ACCORDANCE WITH THIS SUBDIVISION. NOTHING IN THIS SUBDIVISION
 SHALL REQUIRE A SCHOOL DISTRICT TO ISSUE A DIPLOMA BEFORE THE GRADUATION
 DATE  OF  THE DECEASED STUDENT'S HIGH SCHOOL GRADUATING CLASS OR REQUIRE
 THE FAMILY OF A DECEASED STUDENT TO ATTEND  OR  PARTICIPATE  IN  A  HIGH
 SCHOOL GRADUATION CEREMONY OR RELATED ACTIVITIES.  DIPLOMAS CONFERRED IN
 ACCORDANCE  WITH  THIS  SUBDIVISION  SHALL NOT BE APPLIED TOWARD STUDENT
 GRADUATION COUNTS OR FOR ANY OTHER PURPOSE OF FEDERAL OR STATE  ACCOUNT-
 ABILITY DATA COLLECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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