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

                                   368

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, GREENE -- 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, 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 [two]  FOUR
years  of post-secondary education (or the part-time equivalent if full-
time study would constitute an undue hardship) 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 OR A TWO-YEAR COLLEGE, licensed trade school,  registered  busi-
ness  school, or a [two-year] 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 employabil-
ity plan and such goal must relate directly to obtaining useful  employ-
ment in a recognized occupation.
  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

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

                                                           LBD00097-01-9

A. 368                              2

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
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-

A. 368                              3

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 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)
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.