S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5540
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced  by  M. of A. GOODELL, RAIA, MORINELLO, FRIEND -- Multi-Spon-
   sored by -- M. of A. BARCLAY,  GIGLIO,  B. MILLER  --  read  once  and
   referred to the Committee on Social Services
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Purpose.    The legislature hereby finds that obtaining a
 high school diploma or a high school equivalency diploma is often essen-
 tial for successful private sector employment,  and  personal  financial
 independence,  self-sufficiency  and  success.  Indeed, many occupations
 require a high school diploma or high school equivalency  diploma  as  a
 precondition  for  employment. Individuals without a high school diploma
 or high school equivalency diploma are often  relegated  to  low  paying
 jobs,  and  suffer much higher unemployment rates than those with a high
 school diploma or high school equivalency diploma. It  is  therefore  in
 the  public interest to require individuals who are capable of obtaining
 a high school diploma or high school equivalency diploma to  be  engaged
 in good faith efforts to obtain that objective.
   § 2. Section 131 of the social services law is amended by adding a new
 subdivision 21 to read as follows:
   21. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OTHER LAW TO THE
 CONTRARY,  NO PUBLIC ASSISTANCE SHALL BE GIVEN TO OR FOR ANY PERSON OVER
 FIVE YEARS OF AGE OR UNDER THIRTY-FIVE YEARS OF AGE WHO DOES NOT HAVE  A
 HIGH  SCHOOL DIPLOMA OR A HIGH SCHOOL EQUIVALENCY DIPLOMA OR IS NOT DULY
 ENROLLED AND PARTICIPATING IN GOOD FAITH TOWARD THE ATTAINMENT OF A HIGH
 SCHOOL DIPLOMA OR A HIGH SCHOOL EQUIVALENCY DIPLOMA, UNLESS SUCH  PERSON
 HAS  BEEN  DETERMINED  BY  A  MEDICAL,  PSYCHIATRIC OR OTHER APPROPRIATE
 PROFESSIONAL TO LACK THE REQUISITE  CAPACITY  TO  COMPLETE  SUCCESSFULLY
 SUCH  A COURSE OF STUDY OR THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03856-01-9

 A. 5540                             2
 
 THAT SUCH A COURSE OF STUDY IS NOT PRACTICAL OR COST-EFFECTIVE BASED  ON
 THE   PERSON'S   EMPLOYMENT  BACKGROUND  OR  EXPERIENCE,  JOB  TRAINING,
 POSSESSION OF A CAREER DEVELOPMENT OCCUPATIONAL STUDIES CREDENTIAL, WORK
 SKILLS,  HEALTH, DISABILITY, THE LACK OF AVAILABLE EDUCATIONAL PROGRAMS,
 OR OTHER FACTORS.
   § 3. The commissioner of temporary  and  disability  assistance  shall
 have  the authority to promulgate or amend any regulations necessary for
 the implementation of this act.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.