S T A T E O F N E W Y O R K
________________________________________________________________________
5707
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. RIVERA,
WEPRIN -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to access to a
college education by public assistance recipients who are subject to
work participation requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 336-a of the social services law, as amended by
section 148 of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by section 4 of part J of chapter 58 of the laws of 2014, is
amended to read as follows:
S 336-a. Educational activities. 1. Social services districts shall
make available vocational educational training and educational activ-
ities. 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 [four] TWO
years of post-secondary education (or the part-time equivalent IF FULL-
TIME STUDY WOULD CONSTITUTE AN UNDUE HARDSHIP). [Educational activities
pursuant to this section may be offered with] IN 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 indi-
vidual 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06896-02-5
A. 5707 2
hundred thirty-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 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. When a district contracts with a proprietary vocational school to
provide vocational educational training to participants, not more than
[twenty-five] FIFTY percent of the approved duration of the program
shall be devoted to preparation for a high school equivalency diploma or
instruction in English for students with limited proficiency in English.
Participants needing instruction in basic literacy shall be referred to
basic education programs. Instructors employed by proprietary schools to
prepare a participant for a high school equivalency certificate or for
education in English proficiency shall meet experience requirements
established by the regulations of the commissioner of education.
3. When a participant is assigned to an appropriate vocational educa-
tional or educational activity and such activity is available at no cost
to the social services district through the school district or board of
cooperative educational services in which the participant resides or
through another agency or organization providing educational services,
WHICH MEET SUCH MINIMUM STANDARDS AS THE COMMISSIONER OF EDUCATION SHALL
ESTABLISH, the social services district shall refer the participant to
such district, board, agency or organization.
4. To the extent provided in paragraphs (a) through (d) of this subdi-
vision and if resources permit, each social services official shall
assign to appropriate educational activities any participant who has not
obtained a high school diploma or its equivalent:
(a) In accordance with the provisions of this chapter, any such
participant who is under age eighteen shall be required to attend educa-
tional activities designed to prepare the individual for a high school
degree or equivalency certificate. Participants who are not subject to
compulsory school attendance requirements may be exempted from the
requirements of this paragraph under criteria established by the depart-
ment in consultation with the state education department and consistent
with federal law and regulations.
(b) Any such participant who is age eighteen or nineteen shall be
assigned to educational activities, except that the district shall
assign such participant to employment and/or other activities under this
title if the district has determined that such alternative activities
are consistent with the participant's employability plan and, pursuant
to [department] OFFICE regulations, there has been a determination by
the district based on such plan that educational activities are not
[appropriate] REQUIRED for such participant TO OBTAIN THE KNOWLEDGE AND
SKILLS NEEDED TO BE EMPLOYED IN THE OCCUPATION CHOSEN BY THE PARTICIPANT
AS HIS OR HER EMPLOYMENT GOAL IN SUCH PLAN BECAUSE HE OR SHE HAS CLEARLY
AND AFFIRMATIVELY DEMONSTRATED THAT HE OR SHE ALREADY POSSESSES SUCH
KNOWLEDGE AND SKILLS or that the participant has failed to [make good
A. 5707 3
progress] MAINTAIN A CUMULATIVE C AVERAGE OR ITS EQUIVALENT in such
educational activities, EXCEPT WHERE UNDUE HARDSHIP RESULTING FROM THE
DEATH OF A RELATIVE OF THE STUDENT, THE PERSONAL INJURY OR ILLNESS OF
THE STUDENT, OR OTHER EXTENUATING CIRCUMSTANCES, IS RESPONSIBLE FOR SUCH
FAILURE TO MAINTAIN A CUMULATIVE C AVERAGE OR ITS EQUIVALENT.
(c) Any such participant who is an adult in a two-parent family and is
under age twenty-five may be required to participate in educational
activities consistent with his or her employment goals set forth in the
employability plan.
(d) The social services official shall not assign a participant
described in this subdivision to any activities which interfere with the
educational activities assigned pursuant to such participant's employa-
bility plan and described in this subdivision.
5. Any applicant for or recipient of public assistance pursuing VOCA-
TIONAL EDUCATION OR EDUCATIONAL activities described in this [subdivi-
sion] SECTION shall not be assigned to any other activity prior to
conducting an assessment and developing an employability plan as
prescribed in section three hundred thirty-five or three hundred thir-
ty-five-a of this title AND MAY BE ASSIGNED TO SUCH OTHER ACTIVITY ONLY
IF SUCH INDIVIDUAL'S ASSESSMENT AND SUCH INDIVIDUAL'S EMPLOYABILITY PLAN
WARRANT THE ASSIGNMENT TO SUCH OTHER ACTIVITY. Local social services
districts may periodically reevaluate a participant's employment plan
and make assignments to other work activities [in order to meet partic-
ipation rates] NOT INCONSISTENT WITH THE REQUIREMENTS OF THIS SECTION,
giving due consideration to the participant's progress in the current,
and if applicable, prior program.
6. Nothing required in this section shall be construed to supersede
the eligibility requirements of teen parents as set forth in this chap-
ter.
7. (A) IN ANY SOCIAL SERVICES DISTRICT IN WHICH THE APPLICABLE FEDERAL
OR STATE WORK ACTIVITY PARTICIPATION RATES WERE MET FOR THE PREVIOUS
YEAR OR ARE PROJECTED WILL BE MET FOR THE CURRENT YEAR, PARTICIPANTS
SHALL BE PERMITTED TO PURSUE POST-SECONDARY EDUCATION, INCLUDING PARTIC-
IPATION IN A TWO YEAR PROGRAM, IN SATISFACTION OF THE WORK ACTIVITY
REQUIREMENTS OF THIS TITLE.
(B) WHEN A PARTICIPANT ENGAGES IN EDUCATIONAL ACTIVITY PURSUANT TO
THIS SECTION IN FULL OR PARTIAL SATISFACTION OF HIS OR HER WORK REQUIRE-
MENT, THE LOCAL DISTRICT SHALL COUNT EACH HOUR OF CLASSROOM PARTIC-
IPATION AS WORK ACTIVITY AND SHALL ALSO COUNT THE TIME REASONABLY NECES-
SARY FOR STUDY AND CLASS PREPARATION AS WORK ACTIVITY. FOR EACH HOUR OF
CLASSROOM PARTICIPATION, THE TIME REASONABLY NECESSARY FOR STUDY AND
CLASS PREPARATION SHALL BE DEEMED TO BE THE NUMBER OF SUPPLEMENTARY
ASSIGNMENT HOURS REQUIRED BY STATE EDUCATION DEPARTMENT REGULATIONS FOR
EACH CREDIT HOUR IN A COURSE OF PROFESSIONAL OR HIGHER EDUCATION;
PROVIDED THAT A DISTRICT MAY COUNT A LARGER NUMBER OF HOURS IF A PARTIC-
IPANT DEMONSTRATES THAT HIS OR HER EDUCATIONAL ACTIVITY REQUIRES A LARG-
ER NUMBER OF HOURS FOR STUDY, PREPARATION OR OTHER SUPPLEMENTAL ACTIV-
ITY.
(C) A DISTRICT SOCIAL SERVICES OFFICIAL SHALL NOT ASSIGN A PARTICIPANT
DESCRIBED IN THIS SUBDIVISION TO ANY ACTIVITIES WHICH INTERFERE WITH THE
EDUCATIONAL ACTIVITIES DESCRIBED IN THIS SUBDIVISION. THE DISTRICT SHALL
NOT ASSIGN ANY ADDITIONAL ACTIVITIES TO A PARTICIPANT DESCRIBED IN THIS
SUBDIVISION WHO IS ENROLLED AT LEAST HALF-TIME IN A POST-SECONDARY
PROGRAM AND HAS AT LEAST A CUMULATIVE C AVERAGE OR ITS EQUIVALENT. THE
DISTRICT MAY WAIVE THE REQUIREMENT THAT THE STUDENT HAVE AT LEAST A
CUMULATIVE C AVERAGE OR ITS EQUIVALENT FOR UNDUE HARDSHIP BASED ON (I)
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THE DEATH OF A RELATIVE OF THE STUDENT; (II) THE PERSONAL ILLNESS OR
INJURY OF THE STUDENT; OR (III) OTHER EXTENUATING CIRCUMSTANCES.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the provisions of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.