S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4502
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M. of A. CUNNINGHAM, JACKSON, DE LOS SANTOS -- 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 1 of part X of chapter 56 of the laws of 2023, is
 amended to read as follows:
   § 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, education or a course of instruction
 in financial literacy and personal finance that includes instruction  on
 household  cash  management  techniques,  career advice to obtain a well
 paying and secure job, using checking and  savings  accounts,  obtaining
 and  utilizing short and long term credit, securing a loan or other long
 term financing arrangement for high cost items, participation in a high-
 er education course of instruction or trade school, and no more  than  a
 total of four years of post-secondary education (or the part-time equiv-
 alent).   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07980-01-5
              

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 employability plan and such  goal  must  relate  directly  to  obtaining
 useful employment. When making an 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-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. Participation in an educational and/or vocational  train-
 ing program, that shall include, but not be limited to, a two-year post-
 secondary  degree  program,  which  is  necessary for the participant to
 attain their individual employment goal and  is  likely  to  lead  to  a
 degree  or  certification  and  sustained  employment, shall be approved
 consistent with such individual's assessment and employability  plan  to
 the extent that such approval does not jeopardize the state's ability to
 comply  with  federal  work  participation  rates,  as determined by the
 office of temporary and disability assistance.
   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
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 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 SUCH PARTICIPANT'S EMPLOYMENT GOAL IN SUCH PLAN BECAUSE SUCH  PARTIC-
 IPANT  HAS  CLEARLY AND AFFIRMATIVELY DEMONSTRATED THAT SUCH PARTICIPANT
 ALREADY POSSESSES SUCH KNOWLEDGE AND SKILLS or that the participant  has
 failed  to  [make  good 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]  SUCH  PARTICIPANT'S  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 FOUR 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 SUCH PARTICIPANT'S  WORK
 REQUIREMENT,  THE  LOCAL  DISTRICT  SHALL  COUNT  EACH HOUR OF CLASSROOM
 PARTICIPATION AS WORK ACTIVITY AND SHALL ALSO COUNT THE TIME  REASONABLY
 NECESSARY  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-
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 IPANT DEMONSTRATES THAT SUCH PARTICIPANT'S EDUCATIONAL ACTIVITY REQUIRES
 A  LARGER  NUMBER  OF HOURS FOR STUDY, PREPARATION OR OTHER SUPPLEMENTAL
 ACTIVITY.
   (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)
 THE DEATH OF A RELATIVE OF THE STUDENT; (II)  THE  PERSONAL  ILLNESS  OR
 INJURY OF THE STUDENT; OR (III) OTHER EXTENUATING CIRCUMSTANCES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment  and/or repeal of any rules or regulations necessary for the imple-
 mentation of the provisions of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.