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

                                  2861

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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 years
of post-secondary education (or the part-time  equivalent).  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-sec-
ondary  education  must  be  necessary  to the attainment of the partic-
ipant's individual 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  educa-
tional  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06896-01-5
              

S. 2861                             2

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 "satis-
factory  academic progress" shall mean having a cumulative C average, or
its equivalent, as determined by the academic institution. The  require-
ment 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 exten-
uating 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
progress] MAINTAIN A CUMULATIVE C AVERAGE  OR  ITS  EQUIVALENT  in  such

S. 2861                             3

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 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)

S. 2861                             4

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.