N.Y. Comp. Codes R. & Regs. tit. 8, § 100.7 – State high school equivalency diploma.

(1) Each candidate shall have lived within the State of New York for at least one month prior to the examination and:
1. (i) shall be 19 years of age or over, or 18 years of age or older in the case of a student receiving a high school equivalency diploma based on successful completion of the National External Diploma Program; or
2. (ii) shall be at least 17 years of age, and:
  1. (a) has not attended a regular, full-time high school program of instruction within the preceding 12 months; or
  2. (b) shall be a member of a high school who has graduated; or
  3. (c) has been accepted into the U.S. Armed Forces; or
  4. (d) has been accepted into college or post-secondary institution; or
  5. (e) is a resident of a narcotic addiction control center, a rehabilitation facility, county jail, prison, detention center or hospital, or is an adjudicated youth under the direction of a court or a parole, probation or other law enforcement agency and the head of such institution, the court, or the parole officer or probation officer having oversight over such individual, as applicable, certifies that the high school equivalency diploma constitutes an essential element of the rehabilitational program; or
  6. (f) is enrolled in an alternative high school equivalency preparation program in accordance with subdivision (h) of this section; or
  7. (g) is home schooled pursuant to section 100.10 of this Part; or
  8. (h) is foreign born and never attended K-12 schools in the United States;
3. (iii) shall be at least 16 years of age and has reached maximum compulsory school attendance age; and
  1. (a) has been accepted into the U.S. Armed Forces; or
  2. (b) has been accepted into college or post-secondary institution; or
  3. (c) is enrolled in an alternative high school equivalency preparation program in accordance with subdivision (h) of this section; or
  4. (d) is home schooled pursuant to section 100.10 of this Part.
    (2)
4. (i) In order to receive a high school equivalency diploma, candidates shall:
  1. (a) take a general comprehensive examination prescribed for the program, in English, and achieve a standing designated as satisfactory by the Commissioner of Education, except that a passing score or scores, on any Mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination or any other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part, may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after April 25, 2018. Provided, however, that for purposes of this clause, a candidate must take at least one sub-test and may only substitute a passing score or scores on Regents examinations for any remaining sub-test(s). For purposes of this clause, passing score or scores on any Mathematics Regents examination, English Regents examination, Social Studies Regents examination and/or Science Regents examination shall mean a passing score as defined in section 100.5(a)(5)(i)(a)(2) and (3); (b)(2), (3) and (g); (c)(3), (4) and (g); (d)(2) and (3); (e)(4) and (5); and/or (d)(7)(i)(a),(b) and (c) of this Part, as applicable for such examination; or
  2. (b) take a general comprehensive examination prescribed for the program in a world language, where available, and achieve a standing designated as satisfactory by the commissioner on such examination, except a passing score or scores on any Mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination or any other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after April 25, 2018, except that such candidates shall receive a high school equivalency diploma with a transcript that bears an inscription indicating the language in which the general comprehensive examination was taken. Provided, however, that for purposes of this clause, a candidate must take at least one sub-test and may only substitute a passing score or scores on Regents examinations for any remaining sub-test(s). For purposes of this clause, passing score or scores on a Mathematics Regents examination, ELA Regents examination, Social Studies Regents examination and/or Science Regents examination shall mean a passing score as defined in section 100.5(a)(5)(i)(a)(2) and (3); (b)(2), (3) and (g); (c)(3), (4) and (g); (d)(2) and (3); (e)(4) and (5); and/or (d)(7)(i)(a), (b) and (c) of this Part, as applicable for such examination. Such candidates shall receive a high school equivalency diploma with a transcript that bears an inscription indicating the language in which the general comprehensive examination was taken, and may exchange such diploma with a transcript for a diploma with a transcript not containing such inscription upon achievement of a satisfactory standing on the Reading and Writing subtest of the general comprehensive exam subsequently taken in the English language; or
  3. (c) 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; or
  4. (d) effective September 1, 2016 and thereafter, provide satisfactory evidence that they have successfully completed and thoroughly demonstrated the delineated competencies of the National External Diploma Program.
5. (ii) Notwithstanding the provisions of clauses (i)(a) and (b) of this paragraph and subdivision (d) of this section, a passing score or scores on at least one but not more than four of the sub-tests of such examination or examinations taken in calendar years 2002 through 2013 for the English version of the examination and 2003 through 2013 for the Spanish version of the examination may be accepted as a passing score on the corresponding sub-test or sub-tests of any general comprehensive examination prescribed for the program and administered on or after January 1, 2014.
6. (iii) Notwithstanding the provisions of clauses (i)(a) and (b) of this paragraph, for the duration of time that general comprehensive examination testing centers are closed due to the State of emergency declared by the governor pursuant to an Executive Order for the COVID-19 crisis, a candidate shall not be required to take any sub-test of the general comprehensive examination where such candidate has been exempted from or passed five corresponding Regents examinations or other examinations approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part for such sub-tests.
(3) Notwithstanding any other provision of this section, due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, for the 2019-2020 and/or 2020-2021 school years, a candidate for a high school equivalency diploma shall be exempt from a sub-test or sub-tests of the general comprehensive examination requirements of clauses (2)(i)(a) and (b) of this subdivision where:
1. (i) pursuant to section 100.5(a)(5) of this Part, such candidate has been exempted from or passed the corresponding Regents examination or other examination approved by the commissioner pursuant to section 100.2(f) or (mm) of this Part for such sub-test or sub-tests; or
2. (ii) such candidate is enrolled in either an alternative high school equivalency preparation program in accordance with subdivision (h) of this section or an adult education program during the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis during such time that the general comprehensive exam is not available; and
  1. (a) has previously taken and passed a combination of at least three Regents examinations and/or sub-tests of any general comprehensive examination under clauses (2)(i)(a) and (b) of this subdivision; and
  2. (b) for the remaining two sub-tests, the student achieves a passing grade in the corresponding approved high school equivalency classes with standards based curriculum and applicable assessments.
    (b) 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.
    (c) Application.
    Candidates shall submit an individual application in the form and manner prescribed by the commissioner.
    (d) Retesting.
    A candidate may take the examination for the high school equivalency diploma more than once. A period of at least 60 days 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, or under the conditions as outlined by subparagraph (a)(2)(ii) of this section.
    (e) Reporting of test scores.
    All candidates shall be entitled to one reporting of test scores without charge. 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.
    (f) 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.
    (g) 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.
    (h) Alternative high school equivalency preparation programs operated by school districts, boards of cooperative educational services, and State agencies responsible for providing daily instruction to residential students for students at least 16 years of age and under the age of 21.
(1) State agencies. For purposes of this subdivision, State agencies responsible for providing daily instruction to residential students shall include facilities operated by the Office of Children and Family Services, Department of Corrections and Community Supervision, Office of Addiction Services and Supports, and Office of Mental Health.
(2) Eligibility.
1. (i) The alternative high school equivalency preparation program is intended for students who will not graduate with their class because of credit deficiency but who are otherwise capable of completing graduation requirements. Students who are at least 16 years of age and have completed the school year during which they reached 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 are under the age of 21, may be enrolled in an alternative high school equivalency preparation program. In addition, to be eligible for such program students shall have fewer than 12 1/2 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 attended grades 9 through 12.
2. (ii) Other students may be eligible where a variance from the eligibility requirements application is submitted and approved based upon a finding by the commissioner that extenuating circumstances exist.
3. (iii) Students who do not meet the age requirements in subparagraph (ii) of this paragraph, but who are at least 16 years of age, may be placed 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 be placed directly from a regular high school program or enroll after having left secondary school.
(3) Application. To obtain the approval of the department for alternative high school equivalency preparation or alternative transition programs, the governing body of the school district, board of cooperative educational services, or a State agency responsible for providing daily instruction to residential students shall submit an application annually no later than June 30th for programs to be operated during the following school year in a form and format as prescribed by the commissioner, and shall assure in such application that:
1. (i) the program approval requirements and assurances set forth in paragraph (4) of this subdivision are satisfied;
2. (ii) alternative high school equivalency preparation programs offered each student shall consist of not less than 15 hours per week, provided that:
  1. (a) students that have demonstrated a grade level equivalent of 9.0 in reading and mathematics on academic achievement tests or assessments approved by the commissioner, shall receive no less than 9 hours of the minimum 15 hours of instruction in preparation for the high school equivalency examination; and
  2. (b) students that have demonstrated a grade level equivalent below 9.0 in reading or mathematics on academic achievement tests or assessments approved by the commissioner, shall receive no less than 12 hours of the minimum 15 hours in preparation for the high school equivalency examination;
  3. (c) subjects or activities are scheduled in addition to preparation for the high school equivalency examination as part of the program of at least 15 hours as follows:
    1. (1) intensive instruction in reading, and/or mathematics, as necessary, designed to assist the student in attaining a minimum 9.0 mathematics and/or reading grade equivalent, oral and written communication, instructional supports, enrichment, programs that are aligned with career readiness, counseling, social emotional competency development, and other related life skills activities, subject to approval by the department; and
    2. (2) a workforce preparation component shall be provided to all students. This 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;
3. (iii) alternative transition programs be offered each student enrolled in the program shall consist of not less than 27.5 hours per week, provided that:
  1. (a) intensive instruction in reading and/or mathematics is provided, as necessary, designed to assist the student in attaining a minimum 9.0 mathematics and/or reading grade equivalent, oral and written communication, instructional supports, enrichment, programs that are aligned with career readiness, counseling, social emotional competency development, and other related life skills activities, subject to approval by the department; and
  2. (b) a workforce preparation component shall be provided to all students. This 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. (iv) all programs must obtain written approval by a person in parental relation to the student or by the student, as required by section 3212(1) and (4) of the Education Law, of each student's enrollment or transfer, as well as written consent to counseling services, as necessary;
5. (v) all programs must maintain documentation of student eligibility which shall be available to the department. Such documentation shall include, but not be limited to, a transcript of academic record at time of enrollment or placement into the alternative high school equivalency preparation or alternative transition program; and
6. (vi) documentation setting forth the name of each student transferred or placed into an alternative high school equivalency preparation or alternative transition program approved pursuant to this subdivision from a regular high school program or otherwise enrolled or placed shall be maintained by the program and be available to the department;
7. (vii) documentation detailing the academic intervention services, remedial instruction, counseling and support services that were provided to each student prior to transferring or being placed into the program;
8. (viii) documentation regarding the current status of each student to include, but not be limited to, 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 annually to the department on a form prescribed by the commissioner.
(4) Annual program approval requirements. 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 an educational program of a State agency responsible for providing daily instruction to residential students shall assure in its application that:
1. (i) students enrolled or placed in an alternative high school equivalency preparation or alternative transition program shall be given academic achievement tests or assessments approved by the commissioner in reading and mathematics to determine each student’s approximate skill level and shall not begin instruction specifically designed to prepare for the high school equivalency examination unless or until each student reads and performs math at a 9.0 grade equivalent or greater as demonstrated on ongoing academic achievement tests or assessments approved by the commissioner and administered at required intervals to determine status and progress;
2. (ii) students preparing for the high school equivalency examination are given academic achievement tests or assessments in each subtest subject area of the high school equivalency examination to determine the specific instruction needed and are provided appropriate instruction in order to attain the minimum score in each subtest subject to qualify for a New York State high school equivalency diploma;
3. (iii) students preparing to take the high school equivalency examination shall not be referred to such examination unless they demonstrate readiness as indicated by academic achievement tests or assessments in each subtest subject area of the high school equivalency examination and have achieved the minimum score on the readiness assessment approved by the commissioner;
4. (iv) students that have taken and passed one or more New York State Regents examination(s) shall be assisted to complete and send the application for the New York State High School Equivalency Credit for Regents Examination Scores to the department high school equivalency office;
5. (v) students that have received credit for having taken and passed one or more New York State Regents examination(s) in accordance with subdivision (2)(i)(a) and (b) of this section shall not be given additional test assessment or instruction in the corresponding subtest area of the high school equivalency examination;
6. (vi) the curriculum to be used satisfactorily addresses the subject matter areas included in a general comprehensive examination prescribed for the program pursuant to subparagraph (a)(2)(i) of this section and meets the required State standards pertaining to such examination;
7. (vii) instruction is individually prescribed and paced in each class;
8. (viii) individual student files are easily accessible to students and teachers and include information concerning registration, attendance, testing and individual program needs;
9. (ix) no class register exceeds 20 students;
10. (x) instruction is provided annually for sufficient hours to meet the goals included in individual student plans to achieve proficiency in subject matter and increase the likelihood of exam readiness; for accountability purposes, student enrollment hours must be recorded and 150 hours of instructional time is the minimum hours permitted for program review pursuant to section 100.2(p)(17) of this Part;
11. (xi) in addition to the requirements pertaining to all students, English language learners and other students with language acquisition needs are given academic achievement tests or assessments specifically designed for such students or other tests or assessments as approved by the commissioner prior to placement in an appropriate level of the instructional program;
12. (xii) in addition to the requirements pertaining to all students, English language learners and other students with language acquisition needs, are provided at a minimum, English as a new language instruction and other appropriate instruction, such as bilingual instruction as well as instruction in listening, speaking, and writing, as appropriate;
13. (xiii) students entering a program with an individualized education program shall be provided the required services by the alternative high school equivalency preparation program or alternative transition program;
14. (xiv) individual and group counseling are available to all students enrolled in the program;
15. (xv) professional staff assigned to conduct approved programs of preparation for a high school equivalency diploma shall be provided with appropriate staff development; and
16. (xvi) for reapproval, the program shall provide performance data which shall be reviewed by the commissioner to determine if the program shall be reapproved.
(5) Program approval variance. Program approval may be granted for a variance from the standards and assurances set forth in paragraphs (h)(1), (2), (3) and (4) of this section upon a finding by the commissioner that the requirements of such paragraphs will be substantially met.
(i) Approval may be granted for a variance from the standards and assurances set forth in paragraphs (h)(1) and (2) of this section upon a finding by the commissioner that the requirements of such paragraphs will be substantially met.
(j) Notwithstanding paragraph (h)(3) of this section, for alternative high school equivalency preparation programs to be operated during the 2020-2021 school year, the application to obtain approval of the department to operate such programs shall be submitted as soon as practicable but no later than 60 days after expiration of an Executive Order of the Governor declaring a State of Emergency for the COVID-19 crisis.

(a) Requirements.