S T A T E O F N E W Y O R K
________________________________________________________________________
1827
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to public assist-
ance employment programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (h) and (i) of subdivision 1 of section 336 of
the social services law, paragraph (h) as amended by chapter 214 of the
laws of 1998 and paragraph (i) as added by section 148 of part B of
chapter 436 of the laws of 1997, are amended to read as follows:
(h) vocational educational training as time limited by federal law.
For the purposes of this title, "vocational educational training" shall
include but not be limited to organized educational programs offering a
sequence of courses which are directly related to the preparation of
individuals for current or emerging occupations [requiring other than],
INCLUDING BUT NOT LIMITED TO PROGRAMS THAT LEAD TO a baccalaureate or
advanced degree. Such programs shall include competency-based applied
learning which contributes to an individual's academic knowledge, high-
er-order reasoning, and problem-solving skills[, work attitudes, general
employability skills, and the occupational-specific skills necessary for
economic independence]. Such term also includes applied technology
education;
(i) job skills training directly related to employment. FOR THE
PURPOSES OF THIS TITLE, "JOB SKILLS TRAINING" IS TRAINING OR EDUCATION
FOR JOB SKILLS REQUIRED BY AN EMPLOYER TO PROVIDE AN INDIVIDUAL WITH THE
ABILITY TO OBTAIN EMPLOYMENT TO ADVANCE OR ADAPT TO THE CHANGING DEMANDS
OF THE WORKPLACE. JOB SKILLS TRAINING DIRECTLY RELATED TO EMPLOYMENT
SHALL INCLUDE, BUT NOT BE LIMITED TO, ORGANIZED EDUCATIONAL PROGRAMS
OFFERING A SEQUENCE OF COURSES WHICH ARE DIRECTLY RELATED TO THE PREPA-
RATION OF INDIVIDUALS FOR CURRENT OR EMERGING OCCUPATIONS, INCLUDING
SUCH PROGRAMS THAT LEAD TO A BACCALAUREATE OR ADVANCED DEGREE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00476-01-9
A. 1827 2
S 2. Section 336 of the social services law is amended by adding a new
subdivision 9 to read as follows:
9. FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING ACTIVITY
PURSUANT TO PARAGRAPH (H), (I), (J), (K) OR (N) OF SUBDIVISION ONE OF
THIS SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL INSTITU-
TION, INCLUDING UP TO ONE HOUR OF UNSUPERVISED HOMEWORK PER HOUR OF
CLASS TIME, PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY THE EDUCA-
TIONAL INSTITUTION, SHALL COUNT TOWARD SATISFACTION OF THE PARTICIPANT'S
WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT THAT SUCH
PARTICIPATION SHALL NOT IMPAIR THE NEED OF THE SOCIAL SERVICES DISTRICT
TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIREMENTS.
S 3. Paragraph (a) 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:
(a) Based on the assessment required by subdivision one of this
section, the social services official, in consultation with the partic-
ipant, shall develop an employability plan in writing which shall set
forth the services that will be provided by the social services official
and the activities in which the participant will take part, including
supportive services and shall set forth an employment goal for the
participant. A local social services district may assign recipients in
households without dependent children to any activity, SUBJECT TO SUBDI-
VISION TWO OF SECTION THREE HUNDRED THIRTY-FIVE-B OF THIS TITLE. The
employability plan also shall take into account the participant's
supportive services needs, available program resources, local employment
opportunities, and where the social services official is considering an
educational activity assignment for such participant, the participant's
liability for student loans, grants and scholarship awards. The employ-
ability plan shall be explained to the participant. Any change to the
participant's employability plan required by the social services offi-
cial shall be discussed with the participant and shall be documented in
writing.
S 4. Subdivision 2 of section 335-b of the social services law, as
amended by section 1 of chapter 380 of the laws of 2004, is amended to
read as follows:
2. Engaged in work for a month shall mean participating in work activ-
ities identified in subdivision one of section three hundred thirty-six
of this title for the required number of hours specified in this section
provided, however, that at least twenty hours of such participation, or
thirty hours for two-parent families, or fifty hours for two-parent
families receiving federally funded child care as set forth in subpara-
graph (iii) of paragraph [(d)] (E) of subdivision one of this section,
shall be attributable to the activities described in paragraphs (a)
through (h) and (l) of subdivision one of section three hundred thirty-
six of this title, or for households without dependent children at least
twenty hours of participation shall be attributable to the activities
set forth in paragraphs (a) through (h) and (l) of subdivision one of
section three hundred thirty-six of this title, and further provided
that participation in job search and job readiness assistance as identi-
fied in paragraph (f) of subdivision one of section three hundred thir-
ty-six of this title shall only be determined as engaged in work for a
maximum period of six weeks, only four of which may be consecutive as
otherwise limited by federal law; and that individuals in all families
and in two parent families may be engaged in work for a month by reason
of participation in vocational training to the extent allowed by federal
law. Any [non-graduate] student participating or approved by CUNY, SUNY
A. 1827 3
or another degree granting institution, or any other state or local
district approved education, training or vocational rehabilitation agen-
cy to participate in ANY EDUCATIONAL OR TRAINING ACTIVITY DESCRIBED IN
PARAGRAPH (H), (I), (J), (K) OR (N) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-SIX OF THIS TITLE, OR IN work-study, [or in] internships,
externships, or other work placements that are part of the curriculum of
that student, shall not be unreasonably denied the ability to partic-
ipate in such programs and each hour of participation shall count toward
satisfaction of such student's work activity requirements of this title,
SO LONG AS SAID PARTICIPATION SHALL NOT IMPAIR THE NEED OF THE SOCIAL
SERVICES DISTRICT TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION
REQUIREMENTS, provided that the district may consider, among other
factors, (a) whether the student has voluntarily terminated his or her
employment or voluntarily reduced his or her earnings to qualify for
public assistance pursuant to subdivision ten of section one hundred
thirty-one of this article; (b) whether a comparable job or on the job
training position can reasonably be expected to exist in the private,
public or not-for-profit sector; (c) that the student has a cumulative C
average or its equivalent, which may be waived by the district for undue
hardship based on (1) the death of a relative of the student, (2) the
personal injury or illness of the student, or (3) other extenuating
circumstances; and (d) whether the institution cooperates in monitoring
students attendance and performance and reports to the local social
services department monthly on each student. Failure of the institution
to monitor and report monthly to local social services districts on
attendance and performance of the student's work study, internship,
externship or other work placement shall be cause for the department to
reasonably deny the student's ability to participate in such programs.
Students shall be subject to sanctions equivalent to those associated
with failure to adequately satisfy their other required work activities.
In assigning a [non-graduate] student participating in work-study,
internships, externships or other work placements, pursuant to this
section, to other work activities the district shall make reasonable
effort to assign the student to hours that do not conflict with the
student's academic schedule.
S 5. Subdivision 1 of section 336-a of the social services law, as
amended by section 148 of part B of chapter 436 of the laws 1997, is
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,
basic and remedial education, education in English proficiency and [no
more than a total of two years of] post-secondary education [(or the
part-time equivalent if full-time study would constitute an undue hard-
ship)], INCLUDING BUT NOT LIMITED TO BACCALAUREATE PROGRAMS, AND
PROGRAMS LEADING TO ADVANCED DEGREES, in any of the following providers
which meet the performance or assessment standards established in regu-
lations by the commissioner for such providers: a community college,
licensed trade school, registered business school, or a two-year OR
FOUR-YEAR college OR UNIVERSITY, OR OTHER DEGREE GRANTING INSTITUTION;
provided, however, that IF SUCH PARTICIPANT SEEKS TO ENGAGE IN POST-SEC-
ONDARY EDUCATION FOR A PERIOD OF TWELVE MONTHS OR LONGER WHILE IN
RECEIPT OF FAMILY ASSISTANCE OR SAFETY NET ASSISTANCE, such post-secon-
dary education must be necessary to the attainment of the participant's
individual employment goal as set forth in the employability plan and
A. 1827 4
such goal must relate directly to obtaining useful employment [in a
recognized occupation].
S 6. Subdivision 4 of section 336-c of the social services law, as
amended by chapter 534 of the laws of 2000, is amended to read as
follows:
4. In assigning a recipient who is a [non-graduate] student attending
CUNY, SUNY or other approved non-profit education, training or voca-
tional rehabilitation agency, the social services district must, after
consultation with officials of CUNY, SUNY or other non-profit education,
training or vocational rehabilitation agency, assign the student to a
work site on campus, where the recipient is enrolled, and shall not
unreasonably assign the student to hours that conflict with the
student's academic schedule, if an approved work experience assignment
is available. Where such work experience assignment is not available,
the social services district shall, to the extent possible, assign the
student to a work site within reasonable proximity to the campus where
the recipient is enrolled and shall not unreasonably assign the student
to hours that conflict with the student's academic schedule. Provided,
however, in order to qualify for a work experience assignment on-campus,
or in close proximity to campus, a student must have a cumulative C
average, or its equivalent. The district may waive the requirement that
the student have a cumulative C average or its equivalent for undue
hardship based on: (i) the death of a relative of the student; (ii) the
personal injury or illness of the student; or (iii) other extenuating
circumstances.
S 7. This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 335-b and subdivision 4 of
section 336-c of the social services law made by sections four and six
of this act shall not affect the expiration of such subdivisions and
shall be deemed to expire therewith.