BILL NUMBER:  S859

 TITLE OF BILL :

An act to amend the social services law, in relation to requiring
participation in educational programs leading to a high school diploma
or high school equivalency diploma for those seeking public assistance

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to increase the likelihood that
individuals will obtain a high school diploma or high school
equivalency diploma by requiring those who do not have such a diploma
to participate in good faith in an educational program leading to such
a diploma as a condition for receiving welfare benefits.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: States the legislative purpose and findings.

Section 2: Adds a new subdivision 21 to section 131 of the social
services law to prohibit the payment of public assistance benefits to
any person under the age of 35 who does not have a high school diploma
or a high school equivalency diploma unless such person is duly
enrolled and participating in good faith toward the attainment of such
a diploma. The local social services district is given broad
              

discretionary authority to waive this requirement where such a course
of study is not practical or cost-effective based on the person's
mental capacity, employment background, job training, career
development credentials, health, disability, lack of educational
programs, or other factors.

Section 3: Provides that the Commissioner of Temporary and Disability
Assistance shall have the authority to promulgate or amend any
regulations necessary for the implementation of this act.

Section 4: Provides that this bill shall take effect on the 120th day
after enactment.

 JUSTIFICATION :

The empirical data regarding the importance of a high school degree is
overwhelming. The vast majority of jobs require a high school diploma
or its equivalent, including participation in the U.S. military.
According to data from the U.S. Census, the average drop-out will earn
one-third less than a high school graduate, will suffer from
unemployment rates that are nearly 501 higher, and will be nearly
three times more likely to live in poverty. High school drop-outs
account for nearly 50% of the heads of households on welfare, and
commit about 75% of all crimes.

For those who are struggling to complete their high school education,
the current social services law offers an extraordinarily destructive
option of enabling a young person to drop-out of high school and
collect welfare benefits. This legislation would eliminate that option
by making it clear that participating in good faith toward obtaining a
high school diploma is a condition for any welfare benefits.

Recognizing that attaining a high school diploma or a high school
equivalency diploma is not always cost-effective or feasible, the bill
provides local social services districts with broad discretionary
authority to exempt individuals from this requirement based on their
mental health, disability, work experience, job training, the lack of
sufficient programs, or other reasonable factors.

 PRIOR LEGISLATIVE HISTORY :
2016: S.3438/A.5110 Referred to Social Services
2015: S.3438/A.5110 Passed Senate
2014: S.6908/A.9185 Referred to Social Services

 FISCAL IMPLICATIONS :

The implementation of this bill would require additional resources for
adult education, but those costs would be offset by reduced welfare
dependency, increased fiscal independence, reduced crime, and related
savings.

 EFFECTIVE DATE :
This bill would become effective 120 days after enactment.