S. 5067 2
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 DIPLOMA prepa-
ration 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 eligi-
bility requirements provided by law applicable to incarcerated individ-
uals participating in a work release program.
§ 4. The seventh 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 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 high school equivalency] AN EXCELSIOR 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 diploma [(GED)] or
otherwise indicates that education, training or vocational rehabili-
tation 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 classi-
fied as countable work activities.
4. An applicant, recipient or participant is eligible to participate
in a [GED] EXCELSIOR DIPLOMA program if [s/he] SUCH APPLICANT, RECIPIENT
OR PARTICIPANT has attained basic literacy but has not received a
secondary school diploma.
§ 7. The twentieth 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:
S. 5067 3
Test assessing secondary completion (TASC). The term "test assessing
secondary completion (TASC)" means the [New York state high school
equivalency] EXCELSIOR DIPLOMA test which replaced the general education
development examination as the primary pathway to [a New York state high
school equivalency] AN EXCELSIOR diploma.
§ 8. The eleventh 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 DIPLOMA test or the test assessing secondary
completion.
§ 9. Paragraph 5 of subdivision a of section 9-137 of the adminis-
trative code of the city of New York, as amended by chapter 322 of the
laws of 2021, is amended to read as follows:
5. Educational background as self-reported by incarcerated individuals
after admission to the custody of the department, categorized as follows
based on the highest level of education achieved: no high school diploma
or [general education] EXCELSIOR diploma, [a general education] AN
EXCELSIOR diploma, a high school diploma, some college but no degree, an
associate's degree, a bachelor's degree, or a post-collegiate degree.
§ 10. Subparagraph (iv) of paragraph (d) of subdivision 1 of section
803 of the correction law, as separately amended by chapters 242 and 322
of the laws of 2021, is amended to read as follows:
(iv) Such merit time allowance may be granted when an incarcerated
individual successfully participates in the work and treatment program
assigned pursuant to section eight hundred five of this article and when
such incarcerated individual obtains [a general equivalency] AN EXCELS-
IOR diploma, an alcohol and substance abuse treatment certificate, a
vocational trade certificate following at least six months of vocational
programming, at least eighteen credits in a program registered by the
state education department from a degree-granting higher education
institution or performs at least four hundred hours of service as part
of a community work crew.
Such allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an incar-
cerated individual, commenced or continued a civil action, proceeding or
claim that was found to be frivolous as defined in subdivision (c) of
section eight thousand three hundred three-a of the civil practice law
and rules, or an order of a federal court pursuant to rule 11 of the
federal rules of civil procedure imposing sanctions in an action
commenced by a person, while an incarcerated individual, against a state
agency, officer or employee.
§ 11. Paragraph (b) of subdivision 1 of section 58 of the civil
service law, as amended by chapter 244 of the laws of 2013, is amended
to read as follows:
(b) [he or she] SUCH PERSON is a high school graduate or a holder of
[a high school equivalency] AN EXCELSIOR diploma, OR 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
S. 5067 4
forces certifying [his or her] THEIR successful completion of the tests
of general educational development, high school level;
§ 12. Paragraph (b) of subdivision 2 of section 352-a of the educa-
tion law, as amended by section 1 of part II of chapter 56 of the laws
of 2023, is amended to read as follows:
(b) To be eligible to receive such nomination and scholarship, the
applicant must be a resident of the state. For purposes of this section,
a state resident shall be defined as a person who has resided in the
state of New York for a period of at least one year prior to the time of
nomination, is a graduate or within one year of graduation from an
approved high school or has attained [a New York state high school
equivalency] AN EXCELSIOR diploma or its equivalent as determined by the
commissioner.
§ 13. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of
section 355 of the education law, as amended by chapter 669 of the laws
of 2022, is amended to read as follows:
(ii) attended an approved New York state program for [general equiv-
alency] AN EXCELSIOR diploma exam preparation, received [a general
equivalency] AN EXCELSIOR 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 equivalency]
AN EXCELSIOR diploma issued within New York state; or
§ 14. Subdivision 2 of section 610 of the education law, as added by
chapter 425 of the laws of 1988, is amended to read as follows:
2. Eligibility for scholarship. Liberty scholarships shall be awarded
to persons:
a. who have applied for such scholarship;
b. who have graduated from a secondary school located within New York
state or have received [a high school equivalency] AN EXCELSIOR diploma
from New York state;
c. who have not attained the age of twenty-two as of June thirtieth
prior to the academic year for which the initial award is received and
who are undergraduate students receiving aid under this chapter for the
first time during academic year nineteen hundred ninety-one--nineteen
hundred ninety-two or thereafter;
d. who have enrolled in an approved program in a degree-granting
institution located in New York state within twenty-four months of the
date that the recipient graduated from secondary school or received [a
high school equivalency] AN EXCELSIOR diploma, provided that those
students who are temporarily unable to avail themselves of the award due
to illness, military service or other causes in accordance with rules of
the board of regents prior to receipt of the first payment of an award
may be granted a leave of absence pursuant to regulations of the trus-
tees of the higher education services corporation;
e. who satisfy the requirements of section six hundred sixty-one of
this [chapter] TITLE;
f. who retain good academic standing as defined by the commissioner;
and
g. who qualify for a scholarship pursuant to subdivision six of this
section.
§ 15. Subparagraph 7 of paragraph b of subdivision 1 of section 612 of
the education law, as added by chapter 425 of the laws of 1988, is
amended to read as follows:
(7) the degree to which the institution proposes to cooperate with
school districts and not-for-profit community based organizations to
provide services and insure continuity of such services until such
S. 5067 5
students graduate from high school or receive [a high school equivalen-
cy] AN EXCELSIOR diploma.
§ 16. Clause (b) of subparagraph (ii) of paragraph a of subdivision 5
of section 661 of the education law, as amended by chapter 26 of the
laws of 2019, is amended to read as follows:
(b) attended an approved New York state program for [a state] AN
EXCELSIOR [high school equivalency] diploma, received [a state] AN
EXCELSIOR [high school equivalency] diploma and applied for attendance
at the institution of higher education for the undergraduate study for
which an award is sought within five years of receiving [a state high
school equivalency] AN EXCELSIOR diploma; or
§ 17. Subdivision 2 of section 679-g of the education law, as added by
section 1 of part C of chapter 56 of the laws of 2015, is amended to
read as follows:
2. Eligibility. To be eligible for an award pursuant to this section,
an applicant shall: (a) have graduated from a high school located in New
York state or attended an approved New York state program for [a state
high school equivalency] AN EXCELSIOR diploma and received such [high
school equivalency] diploma; (b) have graduated and obtained an under-
graduate degree from a college or university with its headquarters
located in New York state in or after the two thousand fourteen--fifteen
academic year; (c) apply for this program within two years of obtaining
such degree; (d) be a participant in a federal income-driven repayment
plan whose payment amount is generally ten percent of discretionary
income; (e) have income of less than fifty thousand dollars; (f) comply
with subdivisions three and five of section six hundred sixty-one of
this part; and (g) work in New York state, if employed. For purposes of
this program, "income" shall be the total adjusted gross income of the
applicant and the applicant's spouse, if applicable.
§ 18. Subdivision 5 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
5. Transportation of pupils during the school day to and from programs
at a board of cooperative educational services or to or from approved
shared programs at other school districts, which programs may lead to a
diploma or [a high school equivalency] AN EXCELSIOR diploma or to or
from career education programs operated within the district;
§ 19. Subdivision 1 of section 6451 of the education law, as amended
by chapter 917 of the laws of 1970, is amended to read as follows:
1. To advance the cause of educational opportunity in higher educa-
tion, the commissioner may contract with non-public institutions of
higher education for the support of special programs for the screening,
testing, counseling, tutoring of, and, assistance to, residents of the
state who are, (1) graduates of an approved high school or individuals
who have attained [a New York state high school equivalency] AN EXCELS-
IOR diploma or its equivalent, as determined by the commissioner, (2)
who have potential for the successful completion of a post secondary
program, and (3) are economically and educationally disadvantaged, as
defined by the regents.
§ 20. Subdivision 1 of section 6452 of the education law, as added by
chapter 917 of the laws of 1970, is amended to read as follows:
1. To provide additional educational opportunity at the state univer-
sity of New York and the city university of New York, such institutions
shall provide special programs for the screening, testing, counseling,
and tutoring of, and assistance to, residents of the state who are, (1)
graduates of an approved high school or individuals who have attained [a
New York state high school equivalency] AN EXCELSIOR diploma or its
S. 5067 6
equivalent, as determined by the commissioner, (2) who have potential
for the successful completion of a post secondary program, and (3) are
economically and educationally disadvantaged.
§ 21. Clause 2 of subparagraph (ii) of paragraph (a) of subdivision 2
and clause 2 of subparagraph (ii) of paragraph (a) of subdivision 3 of
section 6455 of the education law, as amended by chapter 26 of the laws
of 2019, are amended to read as follows:
(2) attended an approved New York state program for [a state] AN
EXCELSIOR [high school equivalency] diploma, received [a state] AN
EXCELSIOR [high school equivalency] diploma and applied for attendance
at the institution of higher education for the undergraduate study for
which an award is sought within five years of receiving [a state high
school equivalency] AN EXCELSIOR diploma; or
(2) attended an approved New York state program for [a state high
school equivalency] AN EXCELSIOR diploma, received a state [high school
equivalency] diploma and applied for attendance at the institution of
higher education for the graduate study for which an award is sought
within ten years of receiving [a state] AN EXCELSIOR [high school equiv-
alency] diploma; or
§ 22. Subdivision 4 of section 532-d of the executive law, as amended
by section 5 of part M of chapter 56 of the laws of 2017, is amended to
read as follows:
4. for a homeless youth whose service plan involves independent
living, provide practical assistance in achieving independence, either
through direct provision of services or through written agreements with
other community and public agencies for the provision of services in the
following areas; high school education or [high school equivalency
education] AN EXCELSIOR DIPLOMA; higher education assessment; job train-
ing and job placement; counseling; assistance in the development of
socialization skills; guidance and assistance in securing housing appro-
priate to needs and income; and training in the development of skills
necessary for responsible independent living, including but not limited
to money and home management, personal care, and health maintenance; and
§ 23. Subdivision 15 of section 42 of the labor law, as added by
section 6 of part E of chapter 389 of the laws of 1997, is amended to
read as follows:
15. Notwithstanding any other law, rule or regulation to the contrary,
the department shall prepare and submit to the governor, the temporary
president of the senate, the speaker of the assembly and the chair of
the legislative commission on skills development and vocational educa-
tion, an annual evaluation report of this program no later than October
thirty-first following the end of the program year. The report shall
include a statement of program objectives which identifies outcomes and
indicators of the effectiveness of the program. It shall represent the
extent to which program activities meet program objectives including,
but not limited to, improvements in participants' educational competen-
cies and employability skills as measured by accepted testing tools. The
basic measures of performance for projects for in-school youth shall be:
high school retention, attainment of a high school diploma, enrollment
in a post-secondary educational program or vocational skills training
program, or attainment of unsubsidized employment. The basic measure of
performance for projects for out-of-school youth shall be: improvement
in basic academic and vocational skills, return to high school, attain-
ment of [a high school equivalency] AN EXCELSIOR diploma, enrollment in
a post-secondary educational program or vocational skills training
program, or attainment of unsubsidized employment. The report shall
S. 5067 7
include a separate count of participants who have participated in the
same program model through more than one program cycle. A methodology
shall be prescribed which requires collection of post-program informa-
tion on program participants including, but not limited to, whether a
participant receives a high school degree or [its equivalent] AN EXCELS-
IOR DIPLOMA and subsequent labor market experience for one year follow-
ing termination from the program, and the extent to which the partic-
ipant achieved outcomes as defined by the certified program model. The
report shall also describe the types of support services provided,
levels of expenditure, and demonstrate how such support services improve
participant involvement in local projects.
§ 24. Subparagraph (iii) of paragraph t of subdivision 4 of section
3.23 of the parks, recreation and historic preservation law, as amended
by chapter 717 of the laws of 1988, is amended to read as follows:
(iii) encouraging corps members to continue studies during non-working
hours to complete [high school equivalency] AN EXCELSIOR diploma or
college courses or job skill training;
§ 25. Subdivision 1 and paragraph (b) of subdivision 2 of section 335
of the social services law, subdivision 1 as amended by chapter 819 of
the laws of 2022, paragraph (b) of subdivision 2 as amended by section
148 of part B of chapter 436 of the laws of 1997, are amended to read as
follows:
1. Each social services official shall ensure that each recipient of
public assistance who is a member of a household with dependent children
and is eighteen years of age or older, or who is sixteen or seventeen
years of age and is not attending secondary school and has not completed
high school or [a high school equivalency] AN EXCELSIOR DIPLOMA
program, receives an assessment of employability based on [his or her]
THEIR educational level, including literacy and English language profi-
ciency, basic skills proficiency, child care and other supportive
services needs; and skills, prior work experience, training and voca-
tional interests. This assessment shall include a review of family
circumstances including a review of any special needs of a child and
whether home visiting services would be appropriate and beneficial for
the family. Such assessment shall be completed within ninety days of the
date on which such person is determined eligible for public assistance.
An applicant for or recipient of public assistance may be assigned to
work activities prior to completion of such assessment.
(b) Where an assessment indicates that a participant who is not
subject to the education requirements of subdivision four of section
three hundred thirty-six-a of this [title] ARTICLE has not attained a
basic literacy level, the social services official shall encourage and
may require the participant to enter a program to achieve basic literacy
or [high school equivalency] AN EXCELSIOR DIPLOMA or to enter such
educational programs in combination with other training activities
consistent with the employability plan.
§ 26. Paragraph (b) of subdivision 2 of section 335-a of the social
services law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
(b) Where an assessment indicates that a participant who is not
subject to the education requirements of this title has not attained a
basic literacy level, the social services official shall encourage and
may require the participant to enter a program to achieve basic literacy
or [high school equivalency] AN EXCELSIOR DIPLOMA or to enter such
educational programs in combination with other training activities
consistent with the employability plan.
S. 5067 8
§ 27. Paragraphs (j) and (k) of subdivision 1 of section 336 of the
social services law, as amended by section 148 of part B of chapter 436
of the laws of 1997, are amended to read as follows:
(j) education directly related to employment, in the case of a recipi-
ent who has not yet received a high school diploma or [a certificate of
high school equivalency] AN EXCELSIOR DIPLOMA;
(k) satisfactory attendance at secondary school or a course of study
leading to [a certificate of general equivalency] AN EXCELSIOR DIPLOMA
in the case of a recipient who has not completed secondary school or
received such certificate;
§ 28. Subdivisions 1 and 2 and the opening paragraph and paragraph (a)
of subdivision 4 of section 336-a of the social services law, subdivi-
sion 1 as amended by section 1 of part X of chapter 56 of the laws of
2023, subdivision 2 and the opening paragraph and paragraph (a) of
subdivision 4 as amended by section 148 of part B of chapter 436 of the
laws of 1997, are amended to read as follows:
1. Social services districts shall make available vocational educa-
tional training and educational activities. Such activities may include
but need not be limited to, high school education or education designed
to prepare a participant for [a high school equivalency certificate] AN
EXCELSIOR DIPLOMA, basic and remedial education, education in English
proficiency, education or a course of instruction in financial literacy
and personal finance that includes instruction on household cash manage-
ment techniques, career advice to obtain a well paying and secure job,
using checking and savings accounts, obtaining and utilizing short and
long term credit, securing a loan or other long term financing arrange-
ment for high cost items, participation in a higher education course of
instruction or trade school, and no more than a total of four years of
post-secondary education (or the part-time equivalent). Educational
activities pursuant to this section may be offered with any of the
following providers which meet the performance or assessment standards
established in regulations by the commissioner for such providers: a
community college, licensed trade school, registered business school, or
a two-year or four-year college; provided, however, that such post-sec-
ondary education must be necessary to the attainment of the partic-
ipant's individual employment goal as set forth in the employability
plan and such goal must relate directly to obtaining useful employment.
When making an assignment to any educational activity pursuant to this
subdivision, such assignment shall be permitted only to the extent that
such assignment is consistent with the individual's assessment and
employment plan goals in accordance with sections three hundred thirty-
five and three hundred thirty-five-a of this title and shall require
that the individual maintains satisfactory academic progress and hourly
participation is documented consistent with federal and state require-
ments. For purposes of this provision "satisfactory academic progress"
shall mean having a cumulative C average, or its equivalent, as deter-
mined by the academic institution. The requirement to maintain satisfac-
tory academic progress may be waived if done so by the academic institu-
tion and the social services district based on undue hardship caused by
an event such as a personal injury or illness of the student, the death
of a relative of the student or other extenuating circumstances. Partic-
ipation in an educational and/or vocational training program, that shall
include, but not be limited to, a two-year post-secondary degree
program, which is necessary for the participant to attain their individ-
ual employment goal and is likely to lead to a degree or certification
and sustained employment, shall be approved consistent with such indi-
S. 5067 9
vidual's assessment and employability plan to the extent that such
approval does not jeopardize the state's ability to comply with federal
work participation rates, as determined by the office of temporary and
disability assistance.
2. When a district contracts with a proprietary vocational school to
provide vocational educational training to participants, not more than
twenty-five percent of the approved duration of the program shall be
devoted to preparation for [a high school equivalency] AN EXCELSIOR
diploma or instruction in English for students with limited proficiency
in English. Participants needing instruction in basic literacy shall be
referred to basic education programs. Instructors employed by proprie-
tary schools to prepare a participant for [a high school equivalency
certificate] AN EXCELSIOR DIPLOMA or for education in English proficien-
cy shall meet experience requirements established by the regulations of
the commissioner of education.
To the extent provided in paragraphs (a) through (d) of this subdivi-
sion and if resources permit, each social services official shall assign
to appropriate educational activities any participant who has not
obtained a high school diploma or [its equivalent] AN EXCELSIOR DIPLOMA:
(a) In accordance with the provisions of this chapter, any such
participant who is under age eighteen shall be required to attend educa-
tional activities designed to prepare the individual for a high school
degree or [equivalency certificate] AN EXCELSIOR DIPLOMA. Participants
who are not subject to compulsory school attendance requirements may be
exempted from the requirements of this paragraph under criteria estab-
lished by the department in consultation with the state education
department and consistent with federal law and regulations.
§ 29. Section 97-hhh of the state finance law, as added by section 84
of part A of chapter 436 of the laws of 1997, is amended to read as
follows:
§ 97-hhh. [High school equivalency] EXCELSIOR DIPLOMA account. 1.
There is hereby established in the joint custody of the state comp-
troller and the commissioner of the department of taxation and finance
an account of the miscellaneous special revenue fund to be known as the
[high school equivalency] EXCELSIOR DIPLOMA account.
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] EXCELSIOR DIPLOMA
account, fees established by the commissioner of education and approved
by the director of the budget to supplement administration of the
[general educational development] tests for the [high school equivalen-
cy] EXCELSIOR 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 for the [high school equivalency] EXCELSIOR diploma.
§ 30. Subdivision 3 of section 97-jjjj of the state finance law, as
amended by section 1 of part VV of chapter 57 of the laws of 2010, is
amended to read as follows:
3. Moneys of this account, following appropriation by the legislature,
shall be available to the state education department for services and
expenses relating to state assessments of elementary and secondary
school students, including but not limited to the [state high school
equivalency] EXCELSIOR diploma examination. Moneys of this account shall
only be available for expenditure pursuant to approval of an expenditure
plan by the director of the budget.
S. 5067 10
§ 31. Subparagraph 1 of paragraph d of subdivision 1 of section 3602
of the education law, as amended by section 11 of part B of chapter 57
of the laws of 2007, is amended to read as follows:
(1) Equivalent attendance shall mean the quotient of the total number
of student hours of instruction in programs in a public school of a
school district or a board of cooperative educational services leading
to a high school diploma or [a high school equivalency] AN EXCELSIOR
diploma as defined in regulations of the commissioner for pupils under
the age of twenty-one not on a regular day school register of the
district, divided by one thousand. Average daily attendance shall
include the equivalent attendance of the school district. For the
purposes of secondary school weighting, such equivalent attendance shall
be considered as average daily attendance in grades seven through
twelve.
§ 32. Paragraphs a, a-1 and e of subdivision 11 of section 3602 of the
education law, paragraph a as amended by chapter 82 of the laws of 1995,
paragraph a-1 as amended by section 29-a of part A of chapter 56 of the
laws of 2024, paragraph e as amended and such subdivision as renumbered
by section 15 of part B of chapter 57 of the laws of 2007, are amended
to read as follows:
a. School districts and boards of cooperative educational services
(BOCES) providing approved programs shall be eligible for aid in accord-
ance with the provisions of this subdivision for the attendance of
persons twenty-one years of age or over who have not received a high
school diploma or [a high school equivalency] AN EXCELSIOR diploma
recognized by New York State who attend employment preparation education
programs provided by such school districts or BOCES, which programs lead
to a high school diploma or [high school equivalency] AN EXCELSIOR
diploma as defined in regulations of the commissioner, even if such
persons attend regular day school classes with permission of the board
of education; provided that such programs are provided in accordance
with a plan of service approved by the commissioner in accordance with
the provisions of paragraph f of this subdivision. Such programs may
operate between July first and June thirtieth of a school year. Whenever
a person enrolls in a program approved pursuant to this subdivision
offered by a BOCES or in a school district other than their district of
residence, the program provider shall send a notice of such enrollment
to the persons district of residence, and shall issue a new notice if
such person moves from one district to another. In the event that the
cost of a program approved and provided in accordance with the
provisions of this subdivision exceeds all sources of funds, other than
tax levy revenues, which are available to defray such expenses, the
school district or BOCES providing such program shall determine an
excess cost per contact hour provided during the base year, and then
shall determine the local share of such excess costs for each school
district whose residents were served by such program by multiplying such
base year hours by the excess cost per contact hour, and such local
share shall be a charge against each such district, payable within
forty-five days. Notwithstanding the provisions of section nineteen
hundred fifty of this chapter, a BOCES shall be authorized to provide a
program pursuant to this subdivision in the same manner as a school
district.
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand twenty-four--two thousand twen-
S. 5067 11
ty-five, the commissioner may set aside an amount not to exceed two
million five hundred thousand dollars from the funds appropriated for
purposes of this subdivision for the purpose of serving persons twenty-
one years of age or older who have not been enrolled in any school for
the preceding school year, including persons who have received a high
school diploma or [high school equivalency] AN EXCELSIOR diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
e. Employment preparation education apportionment. In addition to any
other aid payable under this section, the apportionment pursuant to this
subdivision shall be the product obtained when the employment prepara-
tion education hours are multiplied by the aid per contact hour which
shall equal the product of the employment preparation program aid ceil-
ing and the employment preparation education aid ratio computed to two
decimals, rounded, as calculated based on data on file with the commis-
sioner on May fifteenth of the base year. Notwithstanding the provisions
of section thirty-six hundred nine-a of this part, the payment of such
apportionment shall be based upon reports required by the commissioner
for the periods ending December thirty-first, and June thirtieth of each
school year; payments for the first reporting period shall be made after
April first, based on claims on file by March first, provided that the
total of all such payments shall not exceed twenty-five percent of the
amount for such school year, with the approved amount of such claims
reduced on a pro rata basis if necessary; the remainder of any payments
due for the first period plus any payments due for the rest of the
school year shall be paid after October first, based on claims on file
by September fifteenth, provided that the total of such payments shall
not exceed the total amount of ninety-six million dollars ($96,000,000)
for such school year, with the approved amount of such claims reduced on
a pro rata basis if necessary, provided that the total of such payment
for services provided to persons who received a high school diploma or
[a high school equivalency] AN EXCELSIOR diploma recognized by New York
state shall not exceed the total amount set aside for such purpose
pursuant to paragraph a-one of this subdivision in any such school year,
with the approved amount of such claims reduced on a pro rata basis if
necessary; and aid paid pursuant to this paragraph shall not be included
in the computation of the district expenditure need as defined in such
section thirty-six hundred nine-a of this part. The employment prepara-
tion education apportionment for the city school district of the city of
New York shall be computed only for the city as a whole.
§ 33. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to section 803
of the correction law made by section ten of this act shall not affect
the expiration of such section and shall be deemed repealed therewith.
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 to be made and completed on or before such
effective date.
