S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3616

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. GLICK, GREENE, CLARK, TITUS, JACOBS -- Multi-
  Sponsored by -- M. of A.  BRENNAN, COLTON, GALEF,  GOTTFRIED,  JAFFEE,
  JOHN,  V. LOPEZ,  MILLMAN, PEOPLES, PERRY, PHEFFER, REILLY, ROSENTHAL,
  SWEENEY, TOWNS -- read once and referred to the  Committee  on  Social
  Services

AN ACT to amend the social services law, in relation to the availability
  of  adult basic literacy, English for speakers of other languages, and
  high school equivalency education for  public  assistance  recipients;
  and providing for the repeal of such provisions upon expiration there-
  of

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 330 of the social services law is amended by adding
two new subdivisions 6 and 7 to read as follows:
  6. "BASIC LITERACY LEVEL" SHALL MEAN A LITERACY  LEVEL  EQUIVALENT  TO
THE  NINTH  MONTH  OF  THE  EIGHTH GRADE, TOGETHER WITH ENGLISH LANGUAGE
PROFICIENCY.
  7. "APPROVED PROGRAM" SHALL INCLUDE EDUCATION THAT IS PROVIDED  BY  AN
ENTITY THAT IS LICENSED, CERTIFIED OR OTHERWISE APPROVED BY AN APPROPRI-
ATE  GOVERNMENTAL AUTHORITY INCLUDING LOCAL SOCIAL SERVICES DISTRICTS TO
PROVIDE ADULT BASIC LITERACY, ENGLISH LANGUAGE  PROFICIENCY  AND/OR  GED
PREPARATION.
  S  2.  Paragraph  (b)  of  subdivision  2 of section 335 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:
  (b)  Where  an  assessment  indicates  that  a  participant who is not
subject to the education requirements of  subdivision  four  of  section
three hundred thirty-six-a of this title has not attained a basic liter-
acy  level, OR HAS NOT ATTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT,
the social services official shall encourage and may require the partic-
ipant to enter a program to achieve basic literacy or THE EQUIVALENT  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06885-01-9
              

A. 3616                             2

A  high  school  [equivalency]  DIPLOMA  or  to  enter  such educational
programs in combination with other training activities  consistent  with
the  employability plan.   PRIOR TO ASSIGNMENT OR REASSIGNMENT TO A WORK
ACTIVITY,  THE SOCIAL SERVICES DISTRICT SHALL MAKE PARTICIPANTS AWARE OF
ALL  BASIC  EDUCATION  PROVIDERS  IN  THE  DISTRICT  THAT  ARE  APPROVED
PROGRAMS;  SHALL MAKE PARTICIPANTS AWARE OF THEIR RIGHTS AND OBLIGATIONS
IN CONTINUING IN OR SEEKING ENROLLMENT IN SUCH PROGRAMS; AND  SHALL,  BY
MEANS  INCLUDING  BUT  NOT  LIMITED  TO  REFERRAL OF PARTICIPANTS TO THE
OUTREACH AND REFERRAL SERVICES FOR BASIC EDUCATION UNDER TITLE II OF THE
FEDERAL WORKFORCE INVESTMENT ACT, PROVIDE PARTICIPANTS AN OPPORTUNITY TO
SEEK ENROLLMENT IN SUCH PROGRAMS. ANY PARTICIPANT WHO IS EITHER ENROLLED
IN AN APPROVED PROGRAM OR IS ACCEPTED BY AN APPROVED PROGRAM  SHALL  NOT
BE  UNREASONABLY  DENIED  THE  ABILITY TO PARTICIPATE IN SUCH PROGRAM OR
PROGRAMS UP TO A MAXIMUM OF SIXTEEN HOURS PER WEEK,  AND  EACH  HOUR  OF
APPROVED  CLASSROOM PARTICIPATION SHALL, TO THE EXTENT PERMISSIBLE UNDER
THE FEDERAL DEFICIT REDUCTION  ACT  OF  2005  AND  ACCOMPANYING  FEDERAL
DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES  REGULATIONS  FOR TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES, COUNT TOWARD SATISFACTION OF SUCH PARTIC-
IPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE.
  NOTHING CONTAINED IN THIS  SECTION  SHALL  PREVENT  THE  LOCAL  SOCIAL
SERVICES  COMMISSIONER  FROM  AUTHORIZING  ADDITIONAL HOURS OF CLASSROOM
PARTICIPATION, IN EXCESS OF SIXTEEN HOURS PER WEEK. IN DECIDING  WHETHER
TO  AUTHORIZE  CONTINUED  PARTICIPATION  IN A BASIC EDUCATION PROGRAM OR
ADDITIONAL HOURS OF CLASSROOM PARTICIPATION IN EXCESS OF  SIXTEEN  HOURS
PER WEEK, A LOCAL SOCIAL SERVICES COMMISSIONER MAY CONSIDER, AMONG OTHER
FACTORS, WHETHER:
  (I)  THE  PARTICIPANT HAS VOLUNTARILY TERMINATED HIS OR HER EMPLOYMENT
OR VOLUNTARILY REDUCED HIS OR HER EARNINGS TO QUALIFY FOR PUBLIC ASSIST-
ANCE PURSUANT TO SUBDIVISION TEN OF SECTION ONE  HUNDRED  THIRTY-ONE  OF
THIS ARTICLE;
  (II)  THE  PARTICIPANT  IS  FULLY IN COMPLIANCE WITH ALL WORK ACTIVITY
REQUIREMENTS;
  (III) THE PARTICIPANT HAS MADE  AND  IS  MAKING  EDUCATIONAL  PROGRESS
REASONABLY  CALCULATED  TO  ACHIEVE  THE  STANDARDS  OF  THE EDUCATIONAL
PROGRAM AS APPROVED BY THE COMMISSIONER OF THE OFFICE OF  TEMPORARY  AND
DISABILITY ASSISTANCE;
  (IV)  THE  PARTICIPANT  MAINTAINS  GOOD  ATTENDANCE  AND THE EDUCATION
PROVIDER AND PARTICIPANT COOPERATE WITH THE LOCAL DISTRICT IN MONITORING
AND REPORTING ON THE PARTICIPANT'S ATTENDANCE AND PROGRESS; AND
  (V) THE PARTICIPANT'S PARTICIPATION IN BASIC EDUCATION  ACTIVITIES  IS
COUNTABLE TOWARD FEDERAL WORK PARTICIPATION REQUIREMENTS.
  A  PARTICIPANT  FAILING  TO  MAINTAIN  GOOD  ATTENDANCE  AT ACTIVITIES
ASSIGNED AND/OR COUNTED TOWARD A PARTICIPANT'S WORK ACTIVITIES  PURSUANT
TO  THIS SECTION SHALL BE SUBJECT TO SANCTIONS EQUIVALENT TO THOSE ASSO-
CIATED WITH FAILURE TO ADEQUATELY  SATISFY  THEIR  OTHER  REQUIRED  WORK
ACTIVITIES. IN ASSIGNING PARTICIPANTS ATTENDING ADULT BASIC EDUCATION TO
OTHER  WORK  ACTIVITIES,  THE DISTRICTS SHALL MAKE REASONABLE EFFORTS TO
ASSIGN THE PARTICIPANT TO HOURS THAT DO NOT CONFLICT  WITH  THE  PARTIC-
IPANT'S BASIC EDUCATION CLASS, PROVIDED PARTICIPANTS WHO HAVE THE OPTION
OF  CHOOSING  BETWEEN  SCHEDULES OF BASIC EDUCATION CLASSES WITH SIMILAR
PROGRAM  DESIGN  AND  LOCATION  MAY  BE  REQUIRED  TO  ACCOMMODATE   THE
DISTRICT'S  OTHER REQUIRED WORK ACTIVITIES. THE PARTICIPANT SHALL NOT BE
DEEMED NONCOMPLIANT AND SUBJECT  TO  THE  PROVISIONS  OF  SECTION  THREE
HUNDRED  FORTY-TWO OF THIS TITLE FOR FAILURE TO ATTEND A BASIC EDUCATION
PROGRAM AS LONG AS THE PARTICIPANT IS FULLY ENGAGED  IN  ALLOWABLE  WORK
ACTIVITIES  SET  FORTH IN SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE

A. 3616                             3

FOR THE MINIMUM NUMBER OF HOURS PER WEEK SET FORTH IN SUBDIVISION TWO OF
SECTION THREE HUNDRED THIRTY-FIVE-B OF  THIS  TITLE  OR  REQUIRED  UNDER
FEDERAL WORK PARTICIPATION RULES.
  S  3.  Paragraph  (b)  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:
  (b)  Where  an  assessment  indicates  that  a  participant who is not
subject to the education requirements of this title has not  attained  a
basic  literacy  level, OR HAS NOT ATTAINED A HIGH SCHOOL DIPLOMA OR ITS
EQUIVALENT, the social services official shall encourage and may require
the participant to enter a program to  achieve  basic  literacy  or  THE
EQUIVALENT  OF  A  high  school  [equivalency]  DIPLOMA or to enter such
educational programs  in  combination  with  other  training  activities
consistent  with  the employability plan.   PRIOR TO ASSIGNMENT OR REAS-
SIGNMENT TO A WORK ACTIVITY, THE SOCIAL  SERVICES  DISTRICT  SHALL  MAKE
PARTICIPANTS AWARE OF ALL BASIC EDUCATION PROVIDERS IN THE DISTRICT THAT
ARE APPROVED PROGRAMS; AND SHALL MAKE PARTICIPANTS AWARE OF THEIR RIGHTS
AND OBLIGATIONS IN CONTINUING IN OR SEEKING ENROLLMENT IN SUCH PROGRAMS;
AND  SHALL,  BY  MEANS  INCLUDING BUT NOT LIMITED TO REFERRAL OF PARTIC-
IPANTS TO THE OUTREACH AND REFERRAL SERVICES FOR BASIC  EDUCATION  UNDER
TITLE  II  OF THE FEDERAL WORKFORCE INVESTMENT ACT, PROVIDE PARTICIPANTS
AN OPPORTUNITY TO SEEK ENROLLMENT IN SUCH PROGRAMS. ANY PARTICIPANT  WHO
IS  EITHER ENROLLED IN AN APPROVED PROGRAM OR IS ACCEPTED BY AN APPROVED
PROGRAM SHALL NOT BE UNREASONABLY DENIED THE ABILITY TO  PARTICIPATE  IN
SUCH  PROGRAM OR PROGRAMS UP TO A MAXIMUM OF SIXTEEN HOURS PER WEEK, AND
EACH HOUR OF APPROVED  CLASSROOM  PARTICIPATION  SHALL,  TO  THE  EXTENT
PERMISSIBLE UNDER THE FEDERAL DEFICIT REDUCTION ACT OF 2005 AND ACCOMPA-
NYING  FEDERAL  DEPARTMENT  OF HEALTH AND HUMAN SERVICES REGULATIONS FOR
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, COUNT  TOWARD  SATISFACTION  OF
SUCH PARTICIPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE.
  NOTHING  CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE LOCAL SOCIAL
SERVICES COMMISSIONER FROM AUTHORIZING  ADDITIONAL  HOURS  OF  CLASSROOM
PARTICIPATION,  IN EXCESS OF SIXTEEN HOURS PER WEEK. IN DECIDING WHETHER
TO AUTHORIZE CONTINUED PARTICIPATION IN A  BASIC  EDUCATION  PROGRAM  OR
ADDITIONAL  HOURS  OF CLASSROOM PARTICIPATION IN EXCESS OF SIXTEEN HOURS
PER WEEK, A LOCAL SOCIAL SERVICES COMMISSIONER MAY CONSIDER, AMONG OTHER
FACTORS, WHETHER:
  (I) THE PARTICIPANT HAS VOLUNTARILY TERMINATED HIS OR  HER  EMPLOYMENT
OR VOLUNTARILY REDUCED HIS OR HER EARNINGS TO QUALIFY FOR PUBLIC ASSIST-
ANCE  PURSUANT  TO  SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE OF
THIS ARTICLE;
  (II) THE PARTICIPANT IS FULLY IN COMPLIANCE  WITH  ALL  WORK  ACTIVITY
REQUIREMENTS;
  (III)  THE  PARTICIPANT  HAS  MADE  AND IS MAKING EDUCATIONAL PROGRESS
REASONABLY CALCULATED  TO  ACHIEVE  THE  STANDARDS  OF  THE  EDUCATIONAL
PROGRAM  AS  APPROVED BY THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE;
  (IV) THE PARTICIPANT  MAINTAINS  GOOD  ATTENDANCE  AND  THE  EDUCATION
PROVIDER AND PARTICIPANT COOPERATE WITH THE LOCAL DISTRICT IN MONITORING
AND REPORTING ON THE PARTICIPANT'S ATTENDANCE AND PROGRESS; AND
  (V)  THE  PARTICIPANT'S PARTICIPATION IN BASIC EDUCATION ACTIVITIES IS
COUNTABLE TOWARD FEDERAL WORK PARTICIPATION REQUIREMENTS.
  A PARTICIPANT  FAILING  TO  MAINTAIN  GOOD  ATTENDANCE  AT  ACTIVITIES
ASSIGNED  AND/OR COUNTED TOWARD A PARTICIPANT'S WORK ACTIVITIES PURSUANT
TO THIS SECTION SHALL BE SUBJECT TO SANCTIONS EQUIVALENT TO THOSE  ASSO-
CIATED  WITH  FAILURE  TO  ADEQUATELY  SATISFY THEIR OTHER REQUIRED WORK

A. 3616                             4

ACTIVITIES. IN ASSIGNING PARTICIPANTS ATTENDING ADULT BASIC EDUCATION TO
OTHER WORK ACTIVITIES, THE DISTRICTS SHALL MAKE  REASONABLE  EFFORTS  TO
ASSIGN  THE  PARTICIPANT  TO HOURS THAT DO NOT CONFLICT WITH THE PARTIC-
IPANT'S BASIC EDUCATION CLASS, PROVIDED PARTICIPANTS WHO HAVE THE OPTION
OF  CHOOSING  BETWEEN  SCHEDULES OF BASIC EDUCATION CLASSES WITH SIMILAR
PROGRAM  DESIGN  AND  LOCATION  MAY  BE  REQUIRED  TO  ACCOMMODATE   THE
DISTRICT'S  OTHER REQUIRED WORK ACTIVITIES. THE PARTICIPANT SHALL NOT BE
DEEMED NONCOMPLIANT AND SUBJECT  TO  THE  PROVISIONS  OF  SECTION  THREE
HUNDRED  FORTY-TWO OF THIS TITLE FOR FAILURE TO ATTEND A BASIC EDUCATION
PROGRAM AS LONG AS THE PARTICIPANT IS FULLY ENGAGED  IN  ALLOWABLE  WORK
ACTIVITIES  SET  FORTH IN SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE
FOR THE MINIMUM NUMBER OF HOURS PER WEEK SET FORTH IN SUBDIVISION TWO OF
SECTION THREE HUNDRED THIRTY-FIVE-B OF  THIS  TITLE  OR  REQUIRED  UNDER
FEDERAL WORK PARTICIPATION RULES.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall  expire  June
30,  2012 when upon such date the provisions of this act shall be deemed
repealed.