S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3040
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced  by  M. of A. HEVESI, PERRY -- Multi-Sponsored by -- M. of A.
   GOTTFRIED -- read  once  and  referred  to  the  Committee  on  Social
   Services
 
 AN  ACT  to amend the social services law, in relation to clarifying the
   definitions of vocational educational training and educational  activ-
   ities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 336-a of the social services  law,
 as  amended by section 4 of part J of chapter 58 of the laws of 2014, is
 amended to read as follows:
   1. Social services districts shall make  available  vocational  educa-
 tional  training  and  educational  activities  INCLUDING  PROGRAMS THAT
 REQUIRE UP TO FOUR YEARS OF POST-SECONDARY EDUCATION.   Such  activities
 may  include but need not be limited to, high school education or educa-
 tion designed to prepare a participant for  a  high  school  equivalency
 certificate,  basic  and remedial education, education in English profi-
 ciency and no more than a total of four years of  post-secondary  educa-
 tion  (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-secondary education  must  be
 necessary  to  the attainment of the participant's individual employment
 goal as set forth in the employability plan and such  goal  must  relate
 directly to obtaining useful employment in a recognized occupation. When
 making  any  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05380-01-7

 A. 3040                             2
 
 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. Any
 enrollment in post-secondary education beyond a twelve month period must
 be combined with no less than twenty  hours  of  participation  averaged
 weekly  in  paid employment or work activities or community service when
 paid employment is not available.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3040--A
                                                          Cal. No. 38
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced by M. of A. HEVESI, PERRY, BARRON -- Multi-Sponsored by -- M.
   of  A.  GOTTFRIED -- read once and referred to the Committee on Social
   Services -- reported from committee,  advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 AN ACT to amend the social services law, in relation to  clarifying  the
   definitions  of vocational educational training and educational activ-
   ities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 336-a of the social services law,
 as amended by section 4 of part J of chapter 58 of the laws of 2014,  is
 amended to read as follows:
   1.  Social  services  districts shall make available vocational educa-
 tional training and educational activities.  Such activities [may] SHALL
 include but need not be limited to, high school education  or  education
 designed  to prepare a participant for a high school equivalency certif-
 icate, basic and remedial education, education  in  English  proficiency
 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-secondary education must be  necessary
 to the attainment of the participant's individual employment goal as set
 forth  in  the  employability plan and such goal must relate directly to
 obtaining useful employment in a recognized occupation. When making  any
 assignment  to  any  educational  activity pursuant to this subdivision,
 such assignment shall be permitted only to the extent that such  assign-
 ment  is consistent with the individual's assessment and employment plan
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05380-02-7

 A. 3040--A                          2
 
 goals in accordance with sections three hundred  thirty-five  and  three
 hundred  thirty-five-a of this title and shall require that the individ-
 ual maintains satisfactory academic progress and hourly participation is
 documented  consistent with federal and state requirements. For purposes
 of this provision "satisfactory academic progress" shall mean  having  a
 cumulative  C  average, or its equivalent, as determined by the academic
 institution. The requirement to maintain satisfactory academic  progress
 may  be  waived  if  done  so by the academic institution 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. Any enrollment in  post-
 secondary  education  beyond a twelve month period must be combined with
 no less than twenty hours  of  participation  averaged  weekly  in  paid
 employment  or work activities or community service when paid employment
 is not available.
   § 2. This act shall take effect immediately.