S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3416
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON, LAVINE, SIMON, NIOU, DE LA ROSA,
   EPSTEIN -- 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  chapter  275 of the laws of 2017, 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.
              

                                                            LBD05382-01-1

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 employability plan and such  goal  must  relate  directly  to  obtaining
 useful employment in a recognized occupation. When making any assignment
 to  any  educational activity pursuant to this subdivision, such assign-
 ment  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 main-
 tains satisfactory academic progress and hourly participation  is  docu-
 mented  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. 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

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 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-
 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

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 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.