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:
    1    Section  1.  Section  336-a  of the social services law, as amended by
    2  section 148 of part B of chapter 436 of the laws of 1997, subdivision  1
    3  as  amended by section 4 of part J of chapter 58 of the laws of 2014, is
    4  amended to read as follows:
    5    S 336-a. Educational activities.  1. Social services  districts  shall
    6  make  available  vocational  educational training and educational activ-
    7  ities.  Such activities may include but need not  be  limited  to,  high
    8  school  education  or  education designed to prepare a participant for a
    9  high school  equivalency  certificate,  basic  and  remedial  education,
   10  education  in English proficiency and no more than a total of four years
   11  of post-secondary education (or the part-time  equivalent).  Educational
   12  activities  pursuant  to  this  section  may  be offered with any of the
   13  following providers which meet the performance or  assessment  standards
   14  established  in  regulations  by  the commissioner for such providers: a
   15  community college, licensed trade school, registered business school, or
   16  a two-year or four-year college; provided, however, that such  post-sec-
   17  ondary  education  must  be  necessary  to the attainment of the partic-
   18  ipant's individual employment goal as set  forth  in  the  employability
   19  plan  and  such goal must relate directly to obtaining useful employment
   20  in a recognized occupation. When making any  assignment  to  any  educa-
   21  tional  activity  pursuant to this subdivision, such assignment shall be
   22  permitted only to the extent that such assignment is consistent with the
   23  individual's assessment and employment plan  goals  in  accordance  with
   24  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
    1  this title and shall require that the individual maintains  satisfactory
    2  academic progress and hourly participation is documented consistent with
    3  federal  and  state requirements. For purposes of this provision "satis-
    4  factory  academic progress" shall mean having a cumulative C average, or
    5  its equivalent, as determined by the academic institution. The  require-
    6  ment to maintain satisfactory academic progress may be waived if done so
    7  by  the  academic  institution and the social services district based on
    8  undue hardship caused by an event such as a personal injury  or  illness
    9  of  the  student, the death of a relative of the student or other exten-
   10  uating circumstances. Any enrollment in post-secondary education  beyond
   11  a twelve month period must be combined with no less than twenty hours of
   12  participation  averaged  weekly in paid employment or work activities or
   13  community service when paid employment is not available.
   14    2. When a district contracts with a proprietary vocational  school  to
   15  provide  vocational  educational training to participants, not more than
   16  [twenty-five] FIFTY percent of the  approved  duration  of  the  program
   17  shall be devoted to preparation for a high school equivalency diploma or
   18  instruction in English for students with limited proficiency in English.
   19  Participants  needing instruction in basic literacy shall be referred to
   20  basic education programs. Instructors employed by proprietary schools to
   21  prepare a participant for a high school equivalency certificate  or  for
   22  education  in  English  proficiency  shall  meet experience requirements
   23  established by the regulations of the commissioner of education.
   24    3. When a participant is assigned to an appropriate vocational  educa-
   25  tional or educational activity and such activity is available at no cost
   26  to  the social services district through the school district or board of
   27  cooperative educational services in which  the  participant  resides  or
   28  through  another  agency  or organization providing educational services
   29  WHICH MEET SUCH MINIMUM STANDARDS AS THE COMMISSIONER OF EDUCATION SHALL
   30  ESTABLISH, the social services district shall refer the  participant  to
   31  such district, board, agency or organization.
   32    4. To the extent provided in paragraphs (a) through (d) of this subdi-
   33  vision  and  if  resources  permit,  each social services official shall
   34  assign to appropriate educational activities any participant who has not
   35  obtained a high school diploma or its equivalent:
   36    (a) In accordance with  the  provisions  of  this  chapter,  any  such
   37  participant who is under age eighteen shall be required to attend educa-
   38  tional  activities  designed to prepare the individual for a high school
   39  degree or equivalency certificate. Participants who are not  subject  to
   40  compulsory  school  attendance  requirements  may  be  exempted from the
   41  requirements of this paragraph under criteria established by the depart-
   42  ment in consultation with the state education department and  consistent
   43  with federal law and regulations.
   44    (b)  Any  such  participant  who  is age eighteen or nineteen shall be
   45  assigned to educational  activities,  except  that  the  district  shall
   46  assign such participant to employment and/or other activities under this
   47  title  if  the  district has determined that such alternative activities
   48  are consistent with the participant's employability plan  and,  pursuant
   49  to  [department]  OFFICE  regulations, there has been a determination by
   50  the district based on such plan  that  educational  activities  are  not
   51  [appropriate]  REQUIRED for such participant TO OBTAIN THE KNOWLEDGE AND
   52  SKILLS NEEDED TO BE EMPLOYED IN THE OCCUPATION CHOSEN BY THE PARTICIPANT
   53  AS HIS OR HER EMPLOYMENT GOAL IN SUCH PLAN BECAUSE HE OR SHE HAS CLEARLY
   54  AND AFFIRMATIVELY DEMONSTRATED THAT HE OR  SHE  ALREADY  POSSESSES  SUCH
   55  KNOWLEDGE  AND  SKILLS  or that the participant has failed to [make good
   56  progress] MAINTAIN A CUMULATIVE C AVERAGE  OR  ITS  EQUIVALENT  in  such
       S. 2861                             3
    1  educational  activities,  EXCEPT WHERE UNDUE HARDSHIP RESULTING FROM THE
    2  DEATH OF A RELATIVE OF THE STUDENT, THE PERSONAL INJURY  OR  ILLNESS  OF
    3  THE STUDENT, OR OTHER EXTENUATING CIRCUMSTANCES, IS RESPONSIBLE FOR SUCH
    4  FAILURE TO MAINTAIN A CUMULATIVE C AVERAGE OR ITS EQUIVALENT.
    5    (c) Any such participant who is an adult in a two-parent family and is
    6  under  age  twenty-five  may  be  required to participate in educational
    7  activities consistent with his or her employment goals set forth in  the
    8  employability plan.
    9    (d)  The  social  services  official  shall  not  assign a participant
   10  described in this subdivision to any activities which interfere with the
   11  educational activities assigned pursuant to such participant's  employa-
   12  bility plan and described in this subdivision.
   13    5.  Any applicant for or recipient of public assistance pursuing VOCA-
   14  TIONAL EDUCATION OR EDUCATIONAL activities described in  this  [subdivi-
   15  sion]  SECTION  shall  not  be  assigned  to any other activity prior to
   16  conducting  an  assessment  and  developing  an  employability  plan  as
   17  prescribed  in  section three hundred thirty-five or three hundred thir-
   18  ty-five-a of this title AND MAY BE ASSIGNED TO SUCH OTHER ACTIVITY  ONLY
   19  IF SUCH INDIVIDUAL'S ASSESSMENT AND SUCH INDIVIDUAL'S EMPLOYABILITY PLAN
   20  WARRANT  THE  ASSIGNMENT  TO  SUCH OTHER ACTIVITY. Local social services
   21  districts may periodically reevaluate a  participant's  employment  plan
   22  and  make assignments to other work activities [in order to meet partic-
   23  ipation rates] NOT INCONSISTENT WITH THE REQUIREMENTS OF  THIS  SECTION,
   24  giving  due  consideration to the participant's progress in the current,
   25  and if applicable, prior program.
   26    6. Nothing required in this section shall be  construed  to  supersede
   27  the  eligibility requirements of teen parents as set forth in this chap-
   28  ter.
   29    7. (A) IN ANY SOCIAL SERVICES DISTRICT IN WHICH THE APPLICABLE FEDERAL
   30  OR STATE WORK ACTIVITY PARTICIPATION RATES WERE  MET  FOR  THE  PREVIOUS
   31  YEAR  OR  ARE  PROJECTED  WILL BE MET FOR THE CURRENT YEAR, PARTICIPANTS
   32  SHALL BE PERMITTED TO PURSUE POST-SECONDARY EDUCATION, INCLUDING PARTIC-
   33  IPATION IN A FOUR YEAR PROGRAM, IN SATISFACTION  OF  THE  WORK  ACTIVITY
   34  REQUIREMENTS OF THIS TITLE.
   35    (B)  WHEN  A  PARTICIPANT  ENGAGES IN EDUCATIONAL ACTIVITY PURSUANT TO
   36  THIS SECTION IN FULL OR PARTIAL SATISFACTION OF HIS OR HER WORK REQUIRE-
   37  MENT, THE LOCAL DISTRICT SHALL COUNT  EACH  HOUR  OF  CLASSROOM  PARTIC-
   38  IPATION AS WORK ACTIVITY AND SHALL ALSO COUNT THE TIME REASONABLY NECES-
   39  SARY  FOR STUDY AND CLASS PREPARATION AS WORK ACTIVITY. FOR EACH HOUR OF
   40  CLASSROOM PARTICIPATION, THE TIME REASONABLY  NECESSARY  FOR  STUDY  AND
   41  CLASS  PREPARATION  SHALL  BE  DEEMED  TO BE THE NUMBER OF SUPPLEMENTARY
   42  ASSIGNMENT HOURS REQUIRED BY STATE EDUCATION DEPARTMENT REGULATIONS  FOR
   43  EACH  CREDIT  HOUR  IN  A  COURSE  OF  PROFESSIONAL OR HIGHER EDUCATION;
   44  PROVIDED THAT A DISTRICT MAY COUNT A LARGER NUMBER OF HOURS IF A PARTIC-
   45  IPANT DEMONSTRATES THAT HIS OR HER EDUCATIONAL ACTIVITY REQUIRES A LARG-
   46  ER NUMBER OF HOURS FOR STUDY, PREPARATION OR OTHER  SUPPLEMENTAL  ACTIV-
   47  ITY.
   48    (C) A DISTRICT SOCIAL SERVICES OFFICIAL SHALL NOT ASSIGN A PARTICIPANT
   49  DESCRIBED IN THIS SUBDIVISION TO ANY ACTIVITIES WHICH INTERFERE WITH THE
   50  EDUCATIONAL ACTIVITIES DESCRIBED IN THIS SUBDIVISION. THE DISTRICT SHALL
   51  NOT  ASSIGN ANY ADDITIONAL ACTIVITIES TO A PARTICIPANT DESCRIBED IN THIS
   52  SUBDIVISION WHO IS ENROLLED  AT  LEAST  HALF-TIME  IN  A  POST-SECONDARY
   53  PROGRAM  AND  HAS AT LEAST A CUMULATIVE C AVERAGE OR ITS EQUIVALENT. THE
   54  DISTRICT MAY WAIVE THE REQUIREMENT THAT THE  STUDENT  HAVE  AT  LEAST  A
   55  CUMULATIVE  C  AVERAGE OR ITS EQUIVALENT FOR UNDUE HARDSHIP BASED ON (I)
       S. 2861                             4
    1  THE DEATH OF A RELATIVE OF THE STUDENT; (II)  THE  PERSONAL  ILLNESS  OR
    2  INJURY OF THE STUDENT; OR (III) OTHER EXTENUATING CIRCUMSTANCES.
    3    S 2. This act shall take effect on the one hundred twentieth day after
    4  it shall have become a law, provided, however, that effective immediate-
    5  ly,  the  addition,  amendment and/or repeal of any rules or regulations
    6  necessary for the implementation of the provisions of this  act  on  its
    7  effective date is authorized and directed to be made and completed on or
    8  before such effective date.