S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9555
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, the correction law, and the  adminis-
   trative code of the city of New York, in relation to changing the name
   of  the  general  education  development diploma to the Excelsior high
   school diploma

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 317 of the education law, as added by chapter 170
 of the laws of 1994, is amended to read as follows:
   § 317. [General education development] EXCELSIOR HIGH  SCHOOL  DIPLOMA
 exam.  Notwithstanding any provision of law, no fee shall be established
 for  admission  to  the  [general  education development] EXCELSIOR HIGH
 SCHOOL DIPLOMA exam.
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 61 to read as follows:
   61.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO CHANGE
 THE NAME OF THE STATE HIGH SCHOOL EQUIVALENCY  DIPLOMA,  AS  ESTABLISHED
 PURSUANT  TO  SECTION  100.7 OF TITLE EIGHT OF THE NEW YORK CODES, RULES
 AND REGULATIONS, TO THE EXCELSIOR HIGH SCHOOL DIPLOMA.
   § 3. Subdivision 19 of section 2 of the correction law, as amended  by
 chapter 322 of the laws of 2021, 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 incarcerated individuals 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 participants. Such assistance may include an assessment  of  any
 incarcerated  individual's  education  attainment level and skills apti-
 tudes; career counseling and exploration; the development of  a  compre-
 hensive  instructional  plan including identification of educational and
 training needs that may extend  beyond  the  date  of  entry  into  work
 release;  instructional  programs  including [GED] EXCELSIOR HIGH SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14835-02-4
 A. 9555                             2
 
 DIPLOMA preparation or post-secondary instruction as appropriate;  occu-
 pational  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 modi-
 fy the eligibility requirements provided by law applicable to  incarcer-
 ated individuals participating in a work release program.
   §  4. The 7th undesignated paragraph of subdivision a of section 9-151
 of the administrative code of the city of New York, as  added  by  local
 law  number 168 of the city of New York for the year 2017, is amended to
 read as follows:
   High school equivalency diploma test. The term "high school equivalen-
 cy diplomacy test" means any test offered by the New York  state  educa-
 tion department for the purpose of establishing the equivalent of a high
 school  diploma,  including,  but  not  limited to, a [general education
 development] EXCELSIOR HIGH SCHOOL DIPLOMA test or  the  test  assessing
 secondary completion.
   § 5. Subdivision a of section 21-408 of the administrative code of the
 city  of  New  York,  as added by local law number 86 of the city of New
 York for the year 2018, is amended to read as follows:
   a. Definitions. For the purposes  of  this  section,  the  term  "test
 assessing  secondary  completion  (TASC)"  means  the  [New  York state]
 EXCELSIOR high school [equivalency]  DIPLOMA  test  which  replaced  the
 General  Education  Development  (GED)  as the primary pathway to [a New
 York state] AN EXCELSIOR high school [equivalency] diploma.
   § 6. Subdivision b and paragraph 4 of subdivision c 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, are 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] SUCH
 APPLICANT, RECIPIENT OR PARTICIPANT lacks basic  literacy,  a  secondary
 school diploma, or a [general equivalency] EXCELSIOR HIGH SCHOOL 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, recipi-
 ent  or  participant the opportunity to enroll in an approved program or
 programs, provided that such approved program or programs can be classi-
 fied as countable work activities.
   4. An applicant, recipient or participant is eligible  to  participate
 in  a  [GED] EXCELSIOR HIGH SCHOOL DIPLOMA program if [s/he] SUCH APPLI-
 CANT, RECIPIENT OR PARTICIPANT has attained basic literacy but  has  not
 received a secondary school diploma.
   §  7.  The  20th  undesignated  paragraph  of subdivision a of section
 21-902.1 of the administrative code of the city of New York, as  amended
 by  local  law  number 145 of the city of New York for the year 2016, is
 amended to read as follows:
   Test assessing secondary completion (TASC). The term  "test  assessing
 secondary  completion  (TASC)" means the [New York state] EXCELSIOR high
 school [equivalency] DIPLOMA test which replaced the  general  education
 development  examination as the primary pathway to [a New York state] AN
 EXCELSIOR high school [equivalency] diploma.
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   § 8. The 11th undesignated  paragraph  of  subdivision  a  of  section
 21-924  of  the administrative code of the city of New York, as added by
 local law number 21 of the city of  New  York  for  the  year  2024,  is
 amended to read as follows:
   High school equivalency diploma test. The term "high school equivalen-
 cy  diploma  test"  means  any  test  that  the New York state education
 department offers for the purpose of establishing the  equivalent  of  a
 high school diploma, including, but not limited to, a [general education
 development]  EXCELSIOR  HIGH  SCHOOL DIPLOMA test or the test assessing
 secondary completion.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the amendment, addition and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.