S T A T E O F N E W Y O R K
________________________________________________________________________
8821--A
I N S E N A T E
March 15, 2024
___________
Introduced by Sens. SEPULVEDA, GOUNARDES, PARKER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14835-03-4
S. 8821--A 2
training needs that may extend beyond the date of entry into work
release; instructional programs including [GED] EXCELSIOR HIGH SCHOOL
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
S. 8821--A 3
development examination as the primary pathway to [a New York state] AN
EXCELSIOR high school [equivalency] diploma.
§ 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.
