S 5067: Directs the commissioner of education to change the name of the state high school equivalency diploma, formerly known as the general education development (GED) program, to the Excelsior diploma.

  
  STATE OF NEW YORK ________________________________________________________________________ 5067 2025-2026 Regular Sessions  IN SENATE February 18, 2025 ___________ Introduced by Sens. SEPULVEDA, GOUNARDES, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, the correction law, the administra- tive code of the city of New York, the civil service law, the execu- tive law, the labor law, the parks, recreation and historic preserva- tion law, the social services law and the state finance law, in relation to changing the name of the general education development diploma to the Excelsior diploma The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 317 of the education law, as added by chapter 170 2 of the laws of 1994, is amended to read as follows: 3 § 317. [General education development] Excelsior diploma exam. 4 Notwithstanding any provision of law, no fee shall be established for 5 admission to the [general education development] Excelsior diploma exam. 6 § 2. Section 305 of the education law is amended by adding a new 7 subdivision 63 to read as follows: 8 63. The commissioner shall promulgate rules and regulations to change 9 the name of the state high school equivalency diploma, as established 10 pursuant to section 100.7 of title eight of the New York codes, rules 11 and regulations, to the Excelsior diploma. 12 § 3. Subdivision 19 of section 2 of the correction law, as amended by 13 chapter 322 of the laws of 2021, is amended to read as follows: 14 19. "Vocational and skills training facility" means a correctional 15 facility designated by the commissioner to provide a vocational and 16 skills training program ("VAST") to incarcerated individuals who need 17 such service before they participate in a work release program. The VAST 18 facility shall provide intensive assessment, counseling, job search 19 assistance and where appropriate academic and vocational instruction to 20 program participants. Such assistance may include an assessment of any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08757-02-5 
 S. 5067 2 1 incarcerated individual's education attainment level and skills apti- 2 tudes; career counseling and exploration; the development of a compre- 3 hensive instructional plan including identification of educational and 4 training needs that may extend beyond the date of entry into work 5 release; instructional programs including [GED] Excelsior diploma prepa- 6 ration or post-secondary instruction as appropriate; occupational skills 7 training; life skills training; employment readiness including workplace 8 behavior; and job search assistance. The department and the department 9 of labor shall jointly develop activities providing career counseling, 10 job search assistance, and job placement services for participants. 11 Nothing contained in this section shall be deemed to modify the eligi- 12 bility requirements provided by law applicable to incarcerated individ- 13 uals participating in a work release program. 14 § 4. The seventh undesignated paragraph of subdivision a of section 15 9-151 of the administrative code of the city of New York, as added by 16 local law number 168 of the city of New York for the year 2017, is 17 amended to read as follows: 18 High school equivalency diploma test. The term "high school equivalen- 19 cy diplomacy test" means any test offered by the New York state educa- 20 tion department for the purpose of establishing the equivalent of a high 21 school diploma, including, but not limited to, a [general education 22 development] Excelsior diploma test or the test assessing secondary 23 completion. 24 § 5. Subdivision a of section 21-408 of the administrative code of the 25 city of New York, as added by local law number 86 of the city of New 26 York for the year 2018, is amended to read as follows: 27 a. Definitions. For the purposes of this section, the term "test 28 assessing secondary completion (TASC)" means the [New York state] 29 Excelsior [high school equivalency] diploma test which replaced the 30 General Education Development (GED) as the primary pathway to [a New 31 York state high school equivalency] an Excelsior diploma. 32 § 6. Subdivision b and paragraph 4 of subdivision c of section 21-703 33 of the administrative code of the city of New York, as added by local 34 law number 23 of the city of New York for the year 2003, are amended to 35 read as follows: 36 b. If an applicant, recipient or participant who is eligible for 37 education or training as set forth in subdivision c of this section 38 expresses an intention or preference to the agency to enroll in educa- 39 tion, training or vocational rehabilitation, or if an applicant's, 40 recipient's or participant's assessment indicates that [he or she] such 41 applicant, recipient or participant lacks basic literacy, a secondary 42 school diploma, or a [general equivalency] Excelsior diploma [(GED)] or 43 otherwise indicates that education, training or vocational rehabili- 44 tation would enhance the individual's ability to obtain and maintain 45 employment, then the agency shall offer such applicant, recipient or 46 participant the opportunity to enroll in an approved program or 47 programs, provided that such approved program or programs can be classi- 48 fied as countable work activities. 49 4. An applicant, recipient or participant is eligible to participate 50 in a [GED] Excelsior diploma program if [s/he] such applicant, recipient 51 or participant has attained basic literacy but has not received a 52 secondary school diploma. 53 § 7. The twentieth undesignated paragraph of subdivision a of section 54 21-902.1 of the administrative code of the city of New York, as amended 55 by local law number 145 of the city of New York for the year 2016, is 56 amended to read as follows: 
 S. 5067 3 1 Test assessing secondary completion (TASC). The term "test assessing 2 secondary completion (TASC)" means the [New York state high school 3 equivalency] Excelsior diploma test which replaced the general education 4 development examination as the primary pathway to [a New York state high 5 school equivalency] an Excelsior diploma. 6 § 8. The eleventh undesignated paragraph of subdivision a of section 7 21-924 of the administrative code of the city of New York, as added by 8 local law number 21 of the city of New York for the year 2024, is 9 amended to read as follows: 10 High school equivalency diploma test. The term "high school equivalen- 11 cy diploma test" means any test that the New York state education 12 department offers for the purpose of establishing the equivalent of a 13 high school diploma, including, but not limited to, a [general education 14 development] Excelsior diploma test or the test assessing secondary 15 completion. 16 § 9. Paragraph 5 of subdivision a of section 9-137 of the adminis- 17 trative code of the city of New York, as amended by chapter 322 of the 18 laws of 2021, is amended to read as follows: 19 5. Educational background as self-reported by incarcerated individuals 20 after admission to the custody of the department, categorized as follows 21 based on the highest level of education achieved: no high school diploma 22 or [general education] Excelsior diploma, [a general education] an 23 Excelsior diploma, a high school diploma, some college but no degree, an 24 associate's degree, a bachelor's degree, or a post-collegiate degree. 25 § 10. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 26 803 of the correction law, as separately amended by chapters 242 and 322 27 of the laws of 2021, is amended to read as follows: 28 (iv) Such merit time allowance may be granted when an incarcerated 29 individual successfully participates in the work and treatment program 30 assigned pursuant to section eight hundred five of this article and when 31 such incarcerated individual obtains [a general equivalency] an Excels- 32 ior diploma, an alcohol and substance abuse treatment certificate, a 33 vocational trade certificate following at least six months of vocational 34 programming, at least eighteen credits in a program registered by the 35 state education department from a degree-granting higher education 36 institution or performs at least four hundred hours of service as part 37 of a community work crew. 38 Such allowance shall be withheld for any serious disciplinary infrac- 39 tion or upon a judicial determination that the person, while an incar- 40 cerated individual, commenced or continued a civil action, proceeding or 41 claim that was found to be frivolous as defined in subdivision (c) of 42 section eight thousand three hundred three-a of the civil practice law 43 and rules, or an order of a federal court pursuant to rule 11 of the 44 federal rules of civil procedure imposing sanctions in an action 45 commenced by a person, while an incarcerated individual, against a state 46 agency, officer or employee. 47 § 11. Paragraph (b) of subdivision 1 of section 58 of the civil 48 service law, as amended by chapter 244 of the laws of 2013, is amended 49 to read as follows: 50 (b) [he or she] such person is a high school graduate or a holder of 51 [a high school equivalency] an Excelsior diploma, or a high school 52 equivalency diploma issued by an education department of any of the 53 states of the United States or a holder of a comparable diploma issued 54 by any commonwealth, territory or possession of the United States or by 55 the Canal Zone or a holder of a report from the United States armed 
 S. 5067 4 1 forces certifying [his or her] their successful completion of the tests 2 of general educational development, high school level; 3 § 12. Paragraph (b) of subdivision 2 of section 352-a of the educa- 4 tion law, as amended by section 1 of part II of chapter 56 of the laws 5 of 2023, is amended to read as follows: 6 (b) To be eligible to receive such nomination and scholarship, the 7 applicant must be a resident of the state. For purposes of this section, 8 a state resident shall be defined as a person who has resided in the 9 state of New York for a period of at least one year prior to the time of 10 nomination, is a graduate or within one year of graduation from an 11 approved high school or has attained [a New York state high school 12 equivalency] an Excelsior diploma or its equivalent as determined by the 13 commissioner. 14 § 13. Clause (ii) of subparagraph 8 of paragraph h of subdivision 2 of 15 section 355 of the education law, as amended by chapter 669 of the laws 16 of 2022, is amended to read as follows: 17 (ii) attended an approved New York state program for [general equiv- 18 alency] an Excelsior diploma exam preparation, received [a general 19 equivalency] an Excelsior diploma issued within New York state and 20 applied for attendance at an institution or educational unit of the 21 state university within five years of receiving [a general equivalency] 22 an Excelsior diploma issued within New York state; or 23 § 14. Subdivision 2 of section 610 of the education law, as added by 24 chapter 425 of the laws of 1988, is amended to read as follows: 25 2. Eligibility for scholarship. Liberty scholarships shall be awarded 26 to persons: 27 a. who have applied for such scholarship; 28 b. who have graduated from a secondary school located within New York 29 state or have received [a high school equivalency] an Excelsior diploma 30 from New York state; 31 c. who have not attained the age of twenty-two as of June thirtieth 32 prior to the academic year for which the initial award is received and 33 who are undergraduate students receiving aid under this chapter for the 34 first time during academic year nineteen hundred ninety-one--nineteen 35 hundred ninety-two or thereafter; 36 d. who have enrolled in an approved program in a degree-granting 37 institution located in New York state within twenty-four months of the 38 date that the recipient graduated from secondary school or received [a 39 high school equivalency] an Excelsior diploma, provided that those 40 students who are temporarily unable to avail themselves of the award due 41 to illness, military service or other causes in accordance with rules of 42 the board of regents prior to receipt of the first payment of an award 43 may be granted a leave of absence pursuant to regulations of the trus- 44 tees of the higher education services corporation; 45 e. who satisfy the requirements of section six hundred sixty-one of 46 this [chapter] title; 47 f. who retain good academic standing as defined by the commissioner; 48 and 49 g. who qualify for a scholarship pursuant to subdivision six of this 50 section. 51 § 15. Subparagraph 7 of paragraph b of subdivision 1 of section 612 of 52 the education law, as added by chapter 425 of the laws of 1988, is 53 amended to read as follows: 54 (7) the degree to which the institution proposes to cooperate with 55 school districts and not-for-profit community based organizations to 56 provide services and insure continuity of such services until such 
 S. 5067 5 1 students graduate from high school or receive [a high school equivalen- 2 cy] an Excelsior diploma. 3 § 16. Clause (b) of subparagraph (ii) of paragraph a of subdivision 5 4 of section 661 of the education law, as amended by chapter 26 of the 5 laws of 2019, is amended to read as follows: 6 (b) attended an approved New York state program for [a state] an 7 Excelsior [high school equivalency] diploma, received [a state] an 8 Excelsior [high school equivalency] diploma and applied for attendance 9 at the institution of higher education for the undergraduate study for 10 which an award is sought within five years of receiving [a state high 11 school equivalency] an Excelsior diploma; or 12 § 17. Subdivision 2 of section 679-g of the education law, as added by 13 section 1 of part C of chapter 56 of the laws of 2015, is amended to 14 read as follows: 15 2. Eligibility. To be eligible for an award pursuant to this section, 16 an applicant shall: (a) have graduated from a high school located in New 17 York state or attended an approved New York state program for [a state 18 high school equivalency] an Excelsior diploma and received such [high 19 school equivalency] diploma; (b) have graduated and obtained an under- 20 graduate degree from a college or university with its headquarters 21 located in New York state in or after the two thousand fourteen--fifteen 22 academic year; (c) apply for this program within two years of obtaining 23 such degree; (d) be a participant in a federal income-driven repayment 24 plan whose payment amount is generally ten percent of discretionary 25 income; (e) have income of less than fifty thousand dollars; (f) comply 26 with subdivisions three and five of section six hundred sixty-one of 27 this part; and (g) work in New York state, if employed. For purposes of 28 this program, "income" shall be the total adjusted gross income of the 29 applicant and the applicant's spouse, if applicable. 30 § 18. Subdivision 5 of section 3622-a of the education law, as amended 31 by chapter 422 of the laws of 2004, is amended to read as follows: 32 5. Transportation of pupils during the school day to and from programs 33 at a board of cooperative educational services or to or from approved 34 shared programs at other school districts, which programs may lead to a 35 diploma or [a high school equivalency] an Excelsior diploma or to or 36 from career education programs operated within the district; 37 § 19. Subdivision 1 of section 6451 of the education law, as amended 38 by chapter 917 of the laws of 1970, is amended to read as follows: 39 1. To advance the cause of educational opportunity in higher educa- 40 tion, the commissioner may contract with non-public institutions of 41 higher education for the support of special programs for the screening, 42 testing, counseling, tutoring of, and, assistance to, residents of the 43 state who are, (1) graduates of an approved high school or individuals 44 who have attained [a New York state high school equivalency] an Excels- 45 ior diploma or its equivalent, as determined by the commissioner, (2) 46 who have potential for the successful completion of a post secondary 47 program, and (3) are economically and educationally disadvantaged, as 48 defined by the regents. 49 § 20. Subdivision 1 of section 6452 of the education law, as added by 50 chapter 917 of the laws of 1970, is amended to read as follows: 51 1. To provide additional educational opportunity at the state univer- 52 sity of New York and the city university of New York, such institutions 53 shall provide special programs for the screening, testing, counseling, 54 and tutoring of, and assistance to, residents of the state who are, (1) 55 graduates of an approved high school or individuals who have attained [a 56 New York state high school equivalency] an Excelsior diploma or its 
 S. 5067 6 1 equivalent, as determined by the commissioner, (2) who have potential 2 for the successful completion of a post secondary program, and (3) are 3 economically and educationally disadvantaged. 4 § 21. Clause 2 of subparagraph (ii) of paragraph (a) of subdivision 2 5 and clause 2 of subparagraph (ii) of paragraph (a) of subdivision 3 of 6 section 6455 of the education law, as amended by chapter 26 of the laws 7 of 2019, are amended to read as follows: 8 (2) attended an approved New York state program for [a state] an 9 Excelsior [high school equivalency] diploma, received [a state] an 10 Excelsior [high school equivalency] diploma and applied for attendance 11 at the institution of higher education for the undergraduate study for 12 which an award is sought within five years of receiving [a state high 13 school equivalency] an Excelsior diploma; or 14 (2) attended an approved New York state program for [a state high 15 school equivalency] an Excelsior diploma, received a state [high school 16 equivalency] diploma and applied for attendance at the institution of 17 higher education for the graduate study for which an award is sought 18 within ten years of receiving [a state] an Excelsior [high school equiv- 19 alency] diploma; or 20 § 22. Subdivision 4 of section 532-d of the executive law, as amended 21 by section 5 of part M of chapter 56 of the laws of 2017, is amended to 22 read as follows: 23 4. for a homeless youth whose service plan involves independent 24 living, provide practical assistance in achieving independence, either 25 through direct provision of services or through written agreements with 26 other community and public agencies for the provision of services in the 27 following areas; high school education or [high school equivalency 28 education] an Excelsior diploma; higher education assessment; job train- 29 ing and job placement; counseling; assistance in the development of 30 socialization skills; guidance and assistance in securing housing appro- 31 priate to needs and income; and training in the development of skills 32 necessary for responsible independent living, including but not limited 33 to money and home management, personal care, and health maintenance; and 34 § 23. Subdivision 15 of section 42 of the labor law, as added by 35 section 6 of part E of chapter 389 of the laws of 1997, is amended to 36 read as follows: 37 15. Notwithstanding any other law, rule or regulation to the contrary, 38 the department shall prepare and submit to the governor, the temporary 39 president of the senate, the speaker of the assembly and the chair of 40 the legislative commission on skills development and vocational educa- 41 tion, an annual evaluation report of this program no later than October 42 thirty-first following the end of the program year. The report shall 43 include a statement of program objectives which identifies outcomes and 44 indicators of the effectiveness of the program. It shall represent the 45 extent to which program activities meet program objectives including, 46 but not limited to, improvements in participants' educational competen- 47 cies and employability skills as measured by accepted testing tools. The 48 basic measures of performance for projects for in-school youth shall be: 49 high school retention, attainment of a high school diploma, enrollment 50 in a post-secondary educational program or vocational skills training 51 program, or attainment of unsubsidized employment. The basic measure of 52 performance for projects for out-of-school youth shall be: improvement 53 in basic academic and vocational skills, return to high school, attain- 54 ment of [a high school equivalency] an Excelsior diploma, enrollment in 55 a post-secondary educational program or vocational skills training 56 program, or attainment of unsubsidized employment. The report shall 
 S. 5067 7 1 include a separate count of participants who have participated in the 2 same program model through more than one program cycle. A methodology 3 shall be prescribed which requires collection of post-program informa- 4 tion on program participants including, but not limited to, whether a 5 participant receives a high school degree or [its equivalent] an Excels- 6 ior diploma and subsequent labor market experience for one year follow- 7 ing termination from the program, and the extent to which the partic- 8 ipant achieved outcomes as defined by the certified program model. The 9 report shall also describe the types of support services provided, 10 levels of expenditure, and demonstrate how such support services improve 11 participant involvement in local projects. 12 § 24. Subparagraph (iii) of paragraph t of subdivision 4 of section 13 3.23 of the parks, recreation and historic preservation law, as amended 14 by chapter 717 of the laws of 1988, is amended to read as follows: 15 (iii) encouraging corps members to continue studies during non-working 16 hours to complete [high school equivalency] an Excelsior diploma or 17 college courses or job skill training; 18 § 25. Subdivision 1 and paragraph (b) of subdivision 2 of section 335 19 of the social services law, subdivision 1 as amended by chapter 819 of 20 the laws of 2022, paragraph (b) of subdivision 2 as amended by section 21 148 of part B of chapter 436 of the laws of 1997, are amended to read as 22 follows: 23 1. Each social services official shall ensure that each recipient of 24 public assistance who is a member of a household with dependent children 25 and is eighteen years of age or older, or who is sixteen or seventeen 26 years of age and is not attending secondary school and has not completed 27 high school or [a high school equivalency] an Excelsior diploma 28 program, receives an assessment of employability based on [his or her] 29 their educational level, including literacy and English language profi- 30 ciency, basic skills proficiency, child care and other supportive 31 services needs; and skills, prior work experience, training and voca- 32 tional interests. This assessment shall include a review of family 33 circumstances including a review of any special needs of a child and 34 whether home visiting services would be appropriate and beneficial for 35 the family. Such assessment shall be completed within ninety days of the 36 date on which such person is determined eligible for public assistance. 37 An applicant for or recipient of public assistance may be assigned to 38 work activities prior to completion of such assessment. 39 (b) Where an assessment indicates that a participant who is not 40 subject to the education requirements of subdivision four of section 41 three hundred thirty-six-a of this [title] article has not attained a 42 basic literacy level, the social services official shall encourage and 43 may require the participant to enter a program to achieve basic literacy 44 or [high school equivalency] an Excelsior diploma or to enter such 45 educational programs in combination with other training activities 46 consistent with the employability plan. 47 § 26. Paragraph (b) of subdivision 2 of section 335-a of the social 48 services law, as amended by section 148 of part B of chapter 436 of the 49 laws of 1997, is amended to read as follows: 50 (b) Where an assessment indicates that a participant who is not 51 subject to the education requirements of this title has not attained a 52 basic literacy level, the social services official shall encourage and 53 may require the participant to enter a program to achieve basic literacy 54 or [high school equivalency] an Excelsior diploma or to enter such 55 educational programs in combination with other training activities 56 consistent with the employability plan. 
 S. 5067 8 1 § 27. Paragraphs (j) and (k) of subdivision 1 of section 336 of the 2 social services law, as amended by section 148 of part B of chapter 436 3 of the laws of 1997, are amended to read as follows: 4 (j) education directly related to employment, in the case of a recipi- 5 ent who has not yet received a high school diploma or [a certificate of 6 high school equivalency] an Excelsior diploma; 7 (k) satisfactory attendance at secondary school or a course of study 8 leading to [a certificate of general equivalency] an Excelsior diploma 9 in the case of a recipient who has not completed secondary school or 10 received such certificate; 11 § 28. Subdivisions 1 and 2 and the opening paragraph and paragraph (a) 12 of subdivision 4 of section 336-a of the social services law, subdivi- 13 sion 1 as amended by section 1 of part X of chapter 56 of the laws of 14 2023, subdivision 2 and the opening paragraph and paragraph (a) of 15 subdivision 4 as amended by section 148 of part B of chapter 436 of the 16 laws of 1997, are amended to read as follows: 17 1. Social services districts shall make available vocational educa- 18 tional training and educational activities. Such activities may include 19 but need not be limited to, high school education or education designed 20 to prepare a participant for [a high school equivalency certificate] an 21 Excelsior diploma, basic and remedial education, education in English 22 proficiency, education or a course of instruction in financial literacy 23 and personal finance that includes instruction on household cash manage- 24 ment techniques, career advice to obtain a well paying and secure job, 25 using checking and savings accounts, obtaining and utilizing short and 26 long term credit, securing a loan or other long term financing arrange- 27 ment for high cost items, participation in a higher education course of 28 instruction or trade school, and no more than a total of four years of 29 post-secondary education (or the part-time equivalent). Educational 30 activities pursuant to this section may be offered with any of the 31 following providers which meet the performance or assessment standards 32 established in regulations by the commissioner for such providers: a 33 community college, licensed trade school, registered business school, or 34 a two-year or four-year college; provided, however, that such post-sec- 35 ondary education must be necessary to the attainment of the partic- 36 ipant's individual employment goal as set forth in the employability 37 plan and such goal must relate directly to obtaining useful employment. 38 When making an assignment to any educational activity pursuant to this 39 subdivision, such assignment shall be permitted only to the extent that 40 such assignment is consistent with the individual's assessment and 41 employment plan goals in accordance with sections three hundred thirty- 42 five and three hundred thirty-five-a of this title and shall require 43 that the individual maintains satisfactory academic progress and hourly 44 participation is documented consistent with federal and state require- 45 ments. For purposes of this provision "satisfactory academic progress" 46 shall mean having a cumulative C average, or its equivalent, as deter- 47 mined by the academic institution. The requirement to maintain satisfac- 48 tory academic progress may be waived if done so by the academic institu- 49 tion and the social services district based on undue hardship caused by 50 an event such as a personal injury or illness of the student, the death 51 of a relative of the student or other extenuating circumstances. Partic- 52 ipation in an educational and/or vocational training program, that shall 53 include, but not be limited to, a two-year post-secondary degree 54 program, which is necessary for the participant to attain their individ- 55 ual employment goal and is likely to lead to a degree or certification 56 and sustained employment, shall be approved consistent with such indi- 
 S. 5067 9 1 vidual's assessment and employability plan to the extent that such 2 approval does not jeopardize the state's ability to comply with federal 3 work participation rates, as determined by the office of temporary and 4 disability assistance. 5 2. When a district contracts with a proprietary vocational school to 6 provide vocational educational training to participants, not more than 7 twenty-five percent of the approved duration of the program shall be 8 devoted to preparation for [a high school equivalency] an Excelsior 9 diploma or instruction in English for students with limited proficiency 10 in English. Participants needing instruction in basic literacy shall be 11 referred to basic education programs. Instructors employed by proprie- 12 tary schools to prepare a participant for [a high school equivalency 13 certificate] an Excelsior diploma or for education in English proficien- 14 cy shall meet experience requirements established by the regulations of 15 the commissioner of education. 16 To the extent provided in paragraphs (a) through (d) of this subdivi- 17 sion and if resources permit, each social services official shall assign 18 to appropriate educational activities any participant who has not 19 obtained a high school diploma or [its equivalent] an Excelsior diploma: 20 (a) In accordance with the provisions of this chapter, any such 21 participant who is under age eighteen shall be required to attend educa- 22 tional activities designed to prepare the individual for a high school 23 degree or [equivalency certificate] an Excelsior diploma. Participants 24 who are not subject to compulsory school attendance requirements may be 25 exempted from the requirements of this paragraph under criteria estab- 26 lished by the department in consultation with the state education 27 department and consistent with federal law and regulations. 28 § 29. Section 97-hhh of the state finance law, as added by section 84 29 of part A of chapter 436 of the laws of 1997, is amended to read as 30 follows: 31 § 97-hhh. [High school equivalency] Excelsior diploma account. 1. 32 There is hereby established in the joint custody of the state comp- 33 troller and the commissioner of the department of taxation and finance 34 an account of the miscellaneous special revenue fund to be known as the 35 [high school equivalency] Excelsior diploma account. 36 2. Notwithstanding any other law, rule or regulation to the contrary, 37 the state comptroller is hereby authorized and directed to receive for 38 deposit to the credit of the [high school equivalency] Excelsior diploma 39 account, fees established by the commissioner of education and approved 40 by the director of the budget to supplement administration of the 41 [general educational development] tests for the [high school equivalen- 42 cy] Excelsior diploma. 43 3. Moneys of this account, following appropriation by the legislature, 44 shall be available to the state education department for services and 45 expenses related to the administration of the [general educational 46 development] tests for the [high school equivalency] Excelsior diploma. 47 § 30. Subdivision 3 of section 97-jjjj of the state finance law, as 48 amended by section 1 of part VV of chapter 57 of the laws of 2010, is 49 amended to read as follows: 50 3. Moneys of this account, following appropriation by the legislature, 51 shall be available to the state education department for services and 52 expenses relating to state assessments of elementary and secondary 53 school students, including but not limited to the [state high school 54 equivalency] Excelsior diploma examination. Moneys of this account shall 55 only be available for expenditure pursuant to approval of an expenditure 56 plan by the director of the budget. 
 S. 5067 10 1 § 31. Subparagraph 1 of paragraph d of subdivision 1 of section 3602 2 of the education law, as amended by section 11 of part B of chapter 57 3 of the laws of 2007, is amended to read as follows: 4 (1) Equivalent attendance shall mean the quotient of the total number 5 of student hours of instruction in programs in a public school of a 6 school district or a board of cooperative educational services leading 7 to a high school diploma or [a high school equivalency] an Excelsior 8 diploma as defined in regulations of the commissioner for pupils under 9 the age of twenty-one not on a regular day school register of the 10 district, divided by one thousand. Average daily attendance shall 11 include the equivalent attendance of the school district. For the 12 purposes of secondary school weighting, such equivalent attendance shall 13 be considered as average daily attendance in grades seven through 14 twelve. 15 § 32. Paragraphs a, a-1 and e of subdivision 11 of section 3602 of the 16 education law, paragraph a as amended by chapter 82 of the laws of 1995, 17 paragraph a-1 as amended by section 29-a of part A of chapter 56 of the 18 laws of 2024, paragraph e as amended and such subdivision as renumbered 19 by section 15 of part B of chapter 57 of the laws of 2007, are amended 20 to read as follows: 21 a. School districts and boards of cooperative educational services 22 (BOCES) providing approved programs shall be eligible for aid in accord- 23 ance with the provisions of this subdivision for the attendance of 24 persons twenty-one years of age or over who have not received a high 25 school diploma or [a high school equivalency] an Excelsior diploma 26 recognized by New York State who attend employment preparation education 27 programs provided by such school districts or BOCES, which programs lead 28 to a high school diploma or [high school equivalency] an Excelsior 29 diploma as defined in regulations of the commissioner, even if such 30 persons attend regular day school classes with permission of the board 31 of education; provided that such programs are provided in accordance 32 with a plan of service approved by the commissioner in accordance with 33 the provisions of paragraph f of this subdivision. Such programs may 34 operate between July first and June thirtieth of a school year. Whenever 35 a person enrolls in a program approved pursuant to this subdivision 36 offered by a BOCES or in a school district other than their district of 37 residence, the program provider shall send a notice of such enrollment 38 to the persons district of residence, and shall issue a new notice if 39 such person moves from one district to another. In the event that the 40 cost of a program approved and provided in accordance with the 41 provisions of this subdivision exceeds all sources of funds, other than 42 tax levy revenues, which are available to defray such expenses, the 43 school district or BOCES providing such program shall determine an 44 excess cost per contact hour provided during the base year, and then 45 shall determine the local share of such excess costs for each school 46 district whose residents were served by such program by multiplying such 47 base year hours by the excess cost per contact hour, and such local 48 share shall be a charge against each such district, payable within 49 forty-five days. Notwithstanding the provisions of section nineteen 50 hundred fifty of this chapter, a BOCES shall be authorized to provide a 51 program pursuant to this subdivision in the same manner as a school 52 district. 53 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 54 sion, for aid payable in the school years two thousand--two thousand one 55 through two thousand nine--two thousand ten, and two thousand eleven-- 56 two thousand twelve through two thousand twenty-four--two thousand twen- 
 S. 5067 11 1 ty-five, the commissioner may set aside an amount not to exceed two 2 million five hundred thousand dollars from the funds appropriated for 3 purposes of this subdivision for the purpose of serving persons twenty- 4 one years of age or older who have not been enrolled in any school for 5 the preceding school year, including persons who have received a high 6 school diploma or [high school equivalency] an Excelsior diploma but 7 fail to demonstrate basic educational competencies as defined in regu- 8 lation by the commissioner, when measured by accepted standardized 9 tests, and who shall be eligible to attend employment preparation educa- 10 tion programs operated pursuant to this subdivision. 11 e. Employment preparation education apportionment. In addition to any 12 other aid payable under this section, the apportionment pursuant to this 13 subdivision shall be the product obtained when the employment prepara- 14 tion education hours are multiplied by the aid per contact hour which 15 shall equal the product of the employment preparation program aid ceil- 16 ing and the employment preparation education aid ratio computed to two 17 decimals, rounded, as calculated based on data on file with the commis- 18 sioner on May fifteenth of the base year. Notwithstanding the provisions 19 of section thirty-six hundred nine-a of this part, the payment of such 20 apportionment shall be based upon reports required by the commissioner 21 for the periods ending December thirty-first, and June thirtieth of each 22 school year; payments for the first reporting period shall be made after 23 April first, based on claims on file by March first, provided that the 24 total of all such payments shall not exceed twenty-five percent of the 25 amount for such school year, with the approved amount of such claims 26 reduced on a pro rata basis if necessary; the remainder of any payments 27 due for the first period plus any payments due for the rest of the 28 school year shall be paid after October first, based on claims on file 29 by September fifteenth, provided that the total of such payments shall 30 not exceed the total amount of ninety-six million dollars ($96,000,000) 31 for such school year, with the approved amount of such claims reduced on 32 a pro rata basis if necessary, provided that the total of such payment 33 for services provided to persons who received a high school diploma or 34 [a high school equivalency] an Excelsior diploma recognized by New York 35 state shall not exceed the total amount set aside for such purpose 36 pursuant to paragraph a-one of this subdivision in any such school year, 37 with the approved amount of such claims reduced on a pro rata basis if 38 necessary; and aid paid pursuant to this paragraph shall not be included 39 in the computation of the district expenditure need as defined in such 40 section thirty-six hundred nine-a of this part. The employment prepara- 41 tion education apportionment for the city school district of the city of 42 New York shall be computed only for the city as a whole. 43 § 33. This act shall take effect on the ninetieth day after it shall 44 have become a law; provided, however, that the amendments to section 803 45 of the correction law made by section ten of this act shall not affect 46 the expiration of such section and shall be deemed repealed therewith. 47 Effective immediately, the addition, amendment and/or repeal of any rule 48 or regulation necessary for the implementation of this act on its effec- 49 tive date are authorized to be made and completed on or before such 50 effective date.