S T A T E   O F   N E W   Y O R K
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                                  7873

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, the state  finance  law,  the  public
  health  law, the social services law, the correction law, the adminis-
  trative code of the city of New York and the  civil  service  law,  in
  relation to high school equivalency diplomas

  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 section  317-a
to read as follows:
  S  317-A.  HIGH  SCHOOL EQUIVALENCY EXAMS. NO FEE SHALL BE ESTABLISHED
FOR ADMISSION TO ANY EXAM THAT WOULD AWARD  A  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA OR ITS EQUIVALENT, AS DETERMINED BY THE COMMISSIONER.
  S  2. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
section 355 of the education law, as added by chapter 327 of the laws of
2002, is amended to read as follows:
  (ii) attended an approved New York state program  for  [general]  HIGH
SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
SCHOOL equivalency diploma issued within New York state and applied  for
attendance at an institution or educational unit of the state university
within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
diploma issued within New York state; or
  S 3. Subparagraph (ii) of paragraph (a-1) of subdivision 7 of  section
6206  of  the  education  law,  as amended by chapter 260 of the laws of
2011, is amended to read as follows:
  (ii) attended an approved New York state program  for  [general]  HIGH
SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
SCHOOL equivalency diploma issued within New York state and applied  for
attendance  at an institution or educational unit of the city university
within five years of  receiving  a  [general]  HIGH  SCHOOL  equivalency
diploma issued within New York state; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10165-02-3
              

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  S  4.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by chapter  327  of  the  laws  of
2002, is amended to read as follows:
  (ii)  attended  an  approved New York state program for [general] HIGH
SCHOOL equivalency diploma exam preparation, received a  [general]  HIGH
SCHOOL  equivalency diploma issued within New York state and applied for
attendance at an institution or educational unit of the city  university
within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
diploma issued within New York state; or
  S 5. Paragraph (ii) of subdivision 5 of section 6301 of the  education
law,  as  amended by chapter 327 of the laws of 2002, is amended to read
as follows:
  (ii) attended an approved New York state program  for  [general]  HIGH
SCHOOL  equivalency  diploma exam preparation, received a [general] HIGH
SCHOOL equivalency diploma issued within New York state and applied  for
attendance at an institution or educational unit of the state university
within  five  years  of  receiving  a  [general] HIGH SCHOOL equivalency
diploma issued within New York state; or
  S 6. Subdivisions 2 and 3 of section 97-hhh of the state finance  law,
as added by section 84 of part A of chapter 436 of the laws of 1997, are
amended to read as follows:
  2.  Notwithstanding any other law, rule or regulation to the contrary,
the state comptroller is hereby authorized and directed to  receive  for
deposit  to  the  credit  of  the  high school equivalency account, fees
established by the commissioner of education and approved by the  direc-
tor  of  the  budget to supplement administration of [the general educa-
tional development tests] HIGH SCHOOL EQUIVALENCY  EXAMS  for  the  high
school equivalency diploma.
  3. Moneys of this account, following appropriation by the legislature,
shall  be  available  to the state education department for services and
expenses related to  the  administration  of  [the  general  educational
development  tests]  HIGH  SCHOOL  EQUIVALENCY EXAMS for the high school
equivalency diploma.
  S 7. Subdivision 4 of section 2807-g of  the  public  health  law,  as
added by chapter 1 of the laws of 1999, is amended to read as follows:
  4.  Eligible programs shall include programs which provide one or more
of the following services in connection with training an eligible worker
to: (i) obtain a new position, (ii) continue to meet the requirements of
an existing position, or (iii) otherwise meet the  requirements  of  the
changing  health care industry: (a) assessments to help determine train-
ing needs; (b) remediation, including preparation in English for  speak-
ers or writers of other languages, instruction in basic reading or math-
ematics,  or  completion  of  requirements  for  a [general] HIGH SCHOOL
equivalency diploma [(GED)]; (c) basic skills development; (d)  reorien-
tation;  and  (e)  skills  and educational enhancement, including, where
appropriate, the provision of college level  or  college  degree  course
work.  To  the  extent that an eligible program is providing services to
train eligible workers to obtain a new position or to continue  to  meet
the  requirements of an existing position only, reimbursement shall also
be available to an eligible organization for  the  actual  cost  of  any
employment  or  employment-related  expenses  incurred  by  the eligible
organization in fulfilling  the  duties  and  responsibilities  of  such
employees while they are engaged in such training programs.
  S  8.  Paragraph  (k)  of  subdivision  1 of section 336 of the social
services law, as added by section 148 of part B of chapter  436  of  the
laws of 1997, is amended to read as follows:

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  (k)  satisfactory  attendance at secondary school or a course of study
leading to a certificate of [general] HIGH  SCHOOL  equivalency  in  the
case  of  a recipient who has not completed secondary school or received
such certificate;
  S  9.  The  opening paragraph of subparagraph (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, as added by  chapter
738 of the laws of 2004, is amended to read as follows:
  Such  merit  time allowance may be granted when an inmate successfully
participates in the work and  treatment  program  assigned  pursuant  to
section  eight hundred five of this article and when such inmate obtains
a [general] HIGH SCHOOL equivalency diploma, an  alcohol  and  substance
abuse treatment certificate, a vocational trade certificate following at
least  six  months  of  vocational programming or performs at least four
hundred hours of service as part of a community work crew.
  S 10. The opening paragraph of subparagraph (iv) of paragraph  (d)  of
subdivision  1 of section 803 of the correction law, as added by section
10-a of chapter 738 of the laws of 2004, is amended to read as follows:
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
obtains  a  [general]  HIGH  SCHOOL  equivalency diploma, an alcohol and
substance abuse treatment certificate, a  vocational  trade  certificate
following  at  least six months of vocational programming or performs at
least four hundred hours of service as part of a community work crew.
  S 11. Subdivision 19 of section 2 of the correction law, as amended by
chapter 63 of the laws of 1994, is amended to read as follows:
  19. "Vocational and skills training  facility"  means  a  correctional
facility  designated  by  the  commissioner  to provide a vocational and
skills training program ("VAST") to inmates who need such service before
they participate in a work release  program.  The  VAST  facility  shall
provide  intensive  assessment,  counseling,  job  search assistance and
where appropriate academic and vocational instruction to program partic-
ipants. Such assistance may include an assessment of any inmate's educa-
tion attainment level and skills aptitudes; career counseling and explo-
ration; the development of a comprehensive instructional plan  including
identification  of educational and training needs that may extend beyond
the date of entry into work release;  instructional  programs  including
[GED]   HIGH  SCHOOL  EQUIVALENCY  EXAM  preparation  or  post-secondary
instruction as appropriate; occupational skills  training;  life  skills
training;  employment  readiness  including  workplace behavior; and job
search assistance. The department and  the  department  of  labor  shall
jointly  develop  activities  providing  career  counseling,  job search
assistance,  and  job  placement  services  for  participants.   Nothing
contained  in  this  section  shall  be deemed to modify the eligibility
requirements provided by law applicable to inmates  participating  in  a
work release program.
  S 12. Subdivision c of section 3-209 of the administrative code of the
city  of  New  York,  as added by local law number 34 of the city of New
York for the year 2004, is amended to read as follows:
  c. Registration of graduating seniors. The department of education  of
the  city of New York shall provide a postage paid board of elections of
the city of New York voter registration form to each graduating  student
who  receives  a  high  school  diploma,  including but not limited to a
Regents, local, [general]  HIGH  SCHOOL  equivalency  or  Individualized
Education  Program  diploma.  The  department  shall  deliver such voter

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registration form to each graduating student at the same time and in the
same manner as it delivers diplomas to each such student.
  S  13.  Subdivision  b of section 21-703 of the administrative code of
the city of New York, as added by local law number 23 of the city of New
York for the year 2003, is amended to read as follows:
  b. If an applicant, recipient  or  participant  who  is  eligible  for
education  or  training  as  set  forth in subdivision c of this section
expresses an intention or preference to the agency to enroll  in  educa-
tion,  training  or  vocational  rehabilitation,  or  if an applicant's,
recipient's or participant's assessment indicates that he or  she  lacks
basic  literacy,  a secondary school diploma, or a [general] HIGH SCHOOL
equivalency diploma  [(GED)]  or  otherwise  indicates  that  education,
training  or  vocational  rehabilitation  would enhance the individual's
ability to obtain and maintain employment, then the agency  shall  offer
such applicant, recipient or participant the opportunity to enroll in an
approved  program  or  programs,  provided that such approved program or
programs can be classified as countable work activities.
  S 14. Subdivision 1 of section 58 of the civil service law, as amended
by chapter 560 of the laws of 1978, the opening paragraph as amended  by
chapter 435 of the laws of 1997, and paragraph (a) as amended by chapter
346 of the laws of 2008, is amended to read as follows:
  1.  Notwithstanding  any  other  provision of this law or any general,
special or local law to the contrary, no person shall  be  eligible  for
provisional  or  permanent  appointment  in the competitive class of the
civil service as a police officer of any police force or police  depart-
ment  of  any  county,  city, town, village, housing authority or police
district unless he OR SHE shall satisfy  the  following  basic  require-
ments:
  (a)  he  or she is not less than twenty years of age as of the date of
appointment nor more than thirty-five years of age as of the  date  when
the  applicant  takes the written examination, provided that the maximum
age requirement of thirty-five years of age as set forth in  this  para-
graph  shall  not apply to eligible lists finalized pursuant to an exam-
ination administered prior to May thirty-first, nineteen  hundred  nine-
ty-nine, provided, however, that:
  (i)  time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age  of  any  applicant
who  has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
  (ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo  municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next  writ-
ten  exam  offered  after the effective date of this subparagraph by the
city of Buffalo civil service commission  for  employment  as  a  police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
  (iii)  such  maximum  age  requirement  of thirty-five years shall not
apply to any police officer of any county, town, city or village  police
force  not  otherwise  provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however, the police officer themselves are on the eligible list of  such
county,  town,  city or village and meet all other requirements of merit
and fitness set forth by this chapter and do not exceed the maximum  age
of thirty-nine;

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  (b)  he  OR SHE is a high school graduate or a holder of a high school
equivalency diploma issued by an education  department  of  any  of  the
states  of  the United States or a holder of a comparable diploma issued
by any commonwealth, territory or possession of the United States or  by
the  Canal  Zone  or  a  holder of a report from the United States armed
forces certifying his successful completion of A HIGH SCHOOL EQUIVALENCY
EXAM OR the tests of general educational development, high school level;
  (c) he OR SHE  satisfies  the  height,  weight  and  physical  fitness
requirements  prescribed by the municipal police training council pursu-
ant to the provisions of section eight hundred forty  of  the  executive
law; and
  (d) he OR SHE is of good moral character.
  S 15. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgement shall not necessarily affect, impair or invalidate the  appli-
cation  of  any  such clause, sentence, paragraph, subdivision, section,
part of this act or remainder thereof, as the case may be, to any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 16. This act shall take effect January 1, 2014;  provided,  however,
that  the amendments to paragraph (a-1) of subdivision 7 of section 6206
of the education law made by section three of this act shall be  subject
to  the  expiration  of such paragraph pursuant to section 16 of chapter
260 of the laws of 2011, as amended; provided further, that section four
of this act shall take effect on the same date as the reversion of para-
graph (a) of subdivision 7 of section  6206  of  the  education  law  as
provided  in  section 16 of chapter 260 of the laws of 2011, as amended;
and provided, further, that the amendments to subparagraph (iv) of para-
graph (d) of subdivision 1 of section 803 of the correction law made  by
section  nine  of this act shall be subject to the expiration and rever-
sion of such section, when upon such date the provisions of section  ten
of this act shall take effect.