Part 100 Regulations

 

100.7 State High School Equivalency Diploma

Disclaimer   Last updated December 2008

100.7 State high school equivalency diploma.

  1. Requirements.
    1. Each candidate shall have lived within the State of New York for at least one month prior to the examination and:
      1. shall be 19 years of age or over; or
      2. shall be at least 17 years of age, and:
        1. shall not have attended a regular, full-time high school program of instruction within the preceding 12 months; or
        2. shall be a member of a high school which has graduated; or
        3. shall be a resident of a narcotic addiction control center, or an adjudicated youth under the direction of a prison, jail, detention center, Office of Children and Family Services facility, parole or probation officer, or other correction facility, or a patient in a hospital in the State of New York, and the head of such institution certifies that the high school equivalency diploma constitutes an essential element of the rehabilitational program; or
      3. shall be enrolled in an alternative high school equivalency preparation program in accordance with subdivision (h) of this section.
    2. In order to receive a high school equivalency diploma, candidates shall:
      1. take the general comprehensive examination prescribed for the program, in English, and achieve a standing designated as satisfactory by the Commissioner of Education; or
      2. take the general comprehensive examination prescribed for the program in a language other than English and for those taking the examination on or after July 1, 1986, an English language proficiency examination designed by the commissioner, and achieve a standing designated as satisfactory by the commissioner in each examination, except that candidates who achieve a satisfactory standing only on the general comprehensive examination may receive a high school equivalency diploma that bears an inscription indicating the language in which the general comprehensive examination was taken, and may exchange such diploma for a diploma not containing such inscription upon achievement of a satisfactory standing on the designated English language proficiency examination; or
      3. provide satisfactory evidence that they have successfully completed 24 semester hours or the equivalent as a recognized candidate for a college-level degree or certificate at an approved institution. Beginning with applications made on or after September 1, 2000 and before September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); six semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and three semester hours or the equivalent in career and technical education and/or foreign languages. Beginning with applications made on or after September 30, 2004, the 24 semester hours shall be distributed as follows: six semester hours or the equivalent in English language arts including writing, speaking and reading (literature); three semester hours or the equivalent in mathematics; three semester hours or the equivalent in natural sciences; three semester hours or the equivalent in social sciences; three semester hours or the equivalent in humanities; and six semester hours or the equivalent in any other courses within the registered degree or certificate program.
    3. The following persons who have been present within the State of New York for at least one month prior to the examination but do not meet fully the requirement under paragraph (1) of this subdivision may, upon proper application, be admitted to the examination:
      1. persons who are required to provide scores on the examination for enlistment in the Armed Forces of the United States; and
      2. candidates for admission to a program of postsecondary education for which high school graduation is the normal prerequisite. A transcript of the scores for such persons will be mailed to the agency or institution requesting it, but a diploma will not be issued until such time as the person becomes fully qualified
  2. Time and place of examination. The examinations for the high school equivalency diploma shall be held at such times and places as designated by the Commissioner of Education.
  3. Application and fee. Candidates shall submit an individual application in the form and manner prescribed by the commissioner. Each application for an examination to be conducted on or after September 1, 1991, and on or before June 30,1994, shall be accompanied by a fee of $25.
  4. Retesting. A candidate may take the examination for the high school equivalency diploma more than once. A period of at least two months shall elapse between testing periods. A different form of the examination shall be used for each retesting. The application procedures for each retesting shall be the same as for the original testing. On each retesting, a candidate shall have the option of retaking any or all of the five tests in the battery. Candidates who do not qualify for the diploma on the basis of retest scores shall have their eligibility for the diploma reevaluated on the basis of the highest score obtained on each test previously taken in the current administration series
  5. Reporting of test scores. All candidates shall be entitled to one reporting of test scores without charge, except that candidates who take the examination during the month of August 1991 shall be charged a fee of $25 for the initial reporting of their test scores. Requests for additional reporting of test scores must be accompanied by a nonrefundable fee as determined by the commissioner for each reporting requested and must be signed by the candidate.
  6. High school equivalency diplomas for out-of-state test takers and high school equivalency diplomas for college credit. Requests for diplomas for out-of-state test takers and diplomas for college credit must be accompanied by a nonrefundable fee as determined by the commissioner.
  7. Replacement of a high school equivalency diploma. A high school equivalency diploma which is lost, stolen or destroyed may be reissued by the department upon a signed request from the holder of the diploma affirming that the diploma is no longer in his or her possession, together with a nonrefundable fee as determined by the commissioner. Such reissued diplomas shall be clearly marked duplicate, and shall bear the original date of issue, and the original diploma number.

    Back to Top

  8. Alternative high school equivalency preparation programs operated by school districts, boards of cooperative educational services, and facilities operated by the Office of Children and Family Services for students at least 16 years of age and under the age of 19. Students who are at least 16 years of age, or such older maximum age as the board of education of the school district may designate for required school attendance pursuant to section 3205 (3) of the Education Law, and who have completed the school year during which they reached 16 years of age, and who are under the age of 19, may be enrolled in alternative high school equivalency programs. Students who do not meet the age requirements above, but who are at least 16 years of age, may be enrolled in an approved full-time alternative transition program. Such alternative transition programs may include components of the alternative high school equivalency preparation program but shall provide sufficient instruction to meet the full-time day instruction requirements of section 3205(1)(c) of the Education Law. Such pupils may transfer directly from a regular high school program or enroll after having left secondary school. In order to obtain the approval of the department for alternative high school equivalency preparation programs, the governing body of the school district, or boards of cooperative educational services, or Office of Children and Family Services facility shall submit an application in the same manner as set forth in paragraph (i) (2) of this section, and shall assure in such application that:
    1. the program approval requirements set forth in paragraph (i)(2) of this section are satisfied;
    2. the program offered each student shall consist of not less than 12 hours per week;
    3. subjects or activities are scheduled in addition to preparation for the high school equivalency examination as part of the program of at least 12 hours as follows:
      1. for students with reading and mathematics levels at grade nine or above on tests approved by the commissioner, preparation for the high school equivalency examination shall be no less than 6 hours of the minimum 12-hour program. Activities other than preparation for the high school equivalency examination shall include counseling and support services related to the instructional program. Such subjects or activities which are scheduled in addition to preparation for the high school equivalency examination shall be subject to approval by the department;
      2. for students with reading or mathematics levels below grade nine on tests approved by the commissioner, no less than 9 hours of the minimum 12-hour program shall be instruction in reading, mathematics, oral and written communication, and life skills. Activities other than such instruction shall include counseling and support services related to the instructional program, and shall be subject to approval by the department; and
      3. a workforce preparation component shall be provided to all students. The component shall be approved by the department and may include career and technical education, career exploration, internships, work experience or other school-to-work transition activities;
    4. written approval by a person in parental relation to the student or by the student, as provided for in Education Law, section 3212(1) and (4), of each student's enrollment shall be obtained;
    5. documentation of student eligibility shall be maintained by the local school district and be available to the department. In order for students who are at least 16 years of age but under the age of 19 to be eligible to enroll in an alternative high school equivalency preparation program, a student who has not been on the regular day school register of grade nine for at least one school year shall score below the passing score on a State elementary assessment. In order to be eligible to enroll in an alternative high school equivalency preparation program, other students who are at least 16 years of age but under the age of 19 shall have fewer than 121/2 percent of the number of units of credit required by the school district for a diploma multiplied by the number of years the student has been in grades 9 through 12. Approval may be granted for a variance from the eligibility requirements set forth in this paragraph upon a finding by the commissioner that exceptional circumstances warrant such a variance; and
    6. documentation setting forth the name of each student transferred into a program approved pursuant to this subdivision from a regular high school program shall be maintained by the local school district and be available to the department. In addition, such documentation shall indicate what academic intervention services, remedial instruction, counseling and support services were provided to the student prior to transferring into the program; whether such student continues in the program, has received a high school equivalency diploma, or has withdrawn from the program; and such other information as may be required by the commissioner. A summary of such documentation shall be submitted to the department on a form prescribed by the commissioner.
  9. High school equivalency preparation programs operated by school districts and boards of cooperative educational services for students at least 18 years of age and under the age of 21.
    1. In order to meet the requirements for a State high school equivalency diploma, students at least 18 years of age and under the age of 21 who have not received a high school diploma or equivalency diploma, may be enrolled in programs approved in accordance with Part 168 of this Title for employment preparation education, in programs approved pursuant to subdivision (h) of this section.
    2. Application. Each school district or board of cooperative educational services intending to operate a program approved in accordance with subdivision (h) of this section to prepare students to meet the requirements for a State high school equivalency diploma shall submit to the department an application in a form prescribed by the department for approval of such programs. Such application shall be submitted no later than July 1st of each year for programs to be operated during the following school year.
    3. Program approval requirements. In order to obtain the approval of the department for any program to prepare students to meet the requirements of the State high school equivalency diploma, the governing body of the school district, board of cooperative educational services, or Office of Children and Family Services educational program shall provide performance data which shall be reviewed by the commissioner to determine if the program shall be approved. In addition, the governing body of the school district, board of cooperative educational services, or Office of Children and Family Services educational program shall assure in its application that:
      1. a curriculum developed or approved by the department is to be used;
      2. instruction is individually prescribed and paced in each class;
      3. individual student folders are easily accessible to students and teachers and include information concerning registration, attendance, testing and individual program needs;
      4. no class register exceeds 20 students;
      5. at least 150 hours per year of total instruction is made available to individual students;
      6. English-speaking students are given entrance tests in reading and mathematics to determine the approximate skill level;
      7. English-speaking students in need of basic education are provided instruction in reading, mathematics, oral and written communication and life skills;
      8. English-speaking students are given standardized achievement tests which report scores in grade equivalents and which have forms for retesting at required intervals or other such instruments approved by the commissioner;
      9. students with limited English proficiency are given placement tests prior to placement in an appropriate level of the instructional program;
      10. students with limited English proficiency are provided instruction in listening, reading, mathematics, oral and written communication and life skills;
      11. students with limited English proficiency are given achievement tests specifically designed for such students or other such instruments approved by the commissioner;
      12. students preparing for the high school equivalency examination are given diagnostic tests to determine the specific instruction needed to attain the minimum score to qualify for a New York State high school equivalency diploma and are provided such instruction;
      13. students with needs other than basic education, high school equivalency examination preparation, and English as a second language are provided appropriate instruction, such as bilingual instruction, as authorized by the commissioner;
      14. all students are tested at intervals necessary to determine status and progress;
      15. individual and group counseling are available to all students enrolled in the program;
      16. professional staff assigned to conduct programs of preparation for a high school equivalency diploma shall be provided with appropriate staff development;
      17. enrolled students shall not begin instruction specifically designed to prepare for the high school equivalency examination, unless they read at a 9.0 grade level on tests approved by the commissioner; and
      18. students preparing to take high school equivalency examination shall not be referred to that test unless they demonstrate readiness as indicated by tests approved by the commissioner.
  10. Approval may be granted for a variance from the standards and assurances set forth in paragraphs (h)(1) and (2) and (i)(2) of this section upon a finding by the commissioner that the requirements of such paragraphs will be substantially met.

Back to Top