S T A T E O F N E W Y O R K
________________________________________________________________________
4491
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
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Introduced by M. of A. PEOPLES-STOKES, BENEDETTO, RIVERA, CAMARA --
Multi-Sponsored by -- M. of A. COLTON, GALEF, HEASTIE, HIKIND,
MAISEL, ROBINSON, SCARBOROUGH -- read once and referred to the Commit-
tee 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."
S 2. The education law is amended by adding a new article 66 to read
as follows:
ARTICLE 66
THE NEW YORK ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT
SECTION 3300. LEGISLATIVE FINDINGS.
3301. DEFINITIONS.
3302. ACCELERATED HIGH SCHOOL GRADUATION OPTION ACT.
3303. ELIGIBILITY REQUIREMENTS.
S 3300. 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.
LBD07901-01-3
A. 4491 2
S 3301. 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 3302. 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 THIRTEEN-TWO
THOUSAND FOURTEEN 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 FOURTEEN-TWO THOUSAND FIFTEEN
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 3303. ELIGIBILITY REQUIREMENTS. 1. STUDENTS FIRST ENTERING GRADE
NINE IN THE TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN 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, 2013; 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.