S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3438
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2015
                                      ___________
       Introduced  by  Sen.  YOUNG  -- 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  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:
    1    Section 1. Purpose.   The legislature hereby finds  that  obtaining  a
    2  high school diploma or a high school equivalency diploma is often essen-
    3  tial  for  successful  private  sector employment and personal financial
    4  independence, self-sufficiency, and success.  Indeed,  many  occupations
    5  require  a  high  school diploma or high school equivalency diploma as a
    6  precondition for employment. Individuals without a high  school  diploma
    7  or  high  school  equivalency  diploma are often relegated to low paying
    8  jobs, and suffer much higher unemployment rates than those with  a  high
    9  school  diploma  or  high school equivalency diploma. It is therefore in
   10  the public interest to require individuals who are capable of  obtaining
   11  a  high  school diploma or high school equivalency diploma to be engaged
   12  in good faith efforts to obtain that objective.
   13    S 2. Section 131 of the social services law is amended by adding a new
   14  subdivision 21 to read as follows:
   15    21. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OTHER LAW TO THE
   16  CONTRARY, NO PUBLIC ASSISTANCE SHALL BE GIVEN TO OR FOR ANY PERSON  OVER
   17  FIVE  YEARS OF AGE OR UNDER THIRTY-FIVE YEARS OF AGE WHO DOES NOT HAVE A
   18  HIGH SCHOOL DIPLOMA OR A HIGH SCHOOL EQUIVALENCY DIPLOMA OR IS NOT  DULY
   19  ENROLLED AND PARTICIPATING IN GOOD FAITH TOWARD THE ATTAINMENT OF A HIGH
   20  SCHOOL  DIPLOMA OR A HIGH SCHOOL EQUIVALENCY DIPLOMA, UNLESS SUCH PERSON
   21  HAS BEEN DETERMINED BY A  MEDICAL,  PSYCHIATRIC,  OR  OTHER  APPROPRIATE
   22  PROFESSIONAL  TO  LACK  THE  REQUISITE CAPACITY TO COMPLETE SUCCESSFULLY
   23  SUCH A COURSE OF STUDY OR THE LOCAL SOCIAL SERVICES DISTRICT  DETERMINES
   24  THAT  SUCH A COURSE OF STUDY IS NOT PRACTICAL OR COST-EFFECTIVE BASED ON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08973-01-5
       S. 3438                             2
    1  THE  PERSON'S  EMPLOYMENT  BACKGROUND  OR  EXPERIENCE,   JOB   TRAINING,
    2  POSSESSION OF A CAREER DEVELOPMENT OCCUPATIONAL STUDIES CREDENTIAL, WORK
    3  SKILLS,  HEALTH, DISABILITY, THE LACK OF AVAILABLE EDUCATIONAL PROGRAMS,
    4  OR OTHER FACTORS.
    5    S  3.  The  commissioner  of  the  office  of temporary and disability
    6  assistance shall have the authority to promulgate  or  amend  any  regu-
    7  lations necessary for the implementation of this act.
    8    S 4. This act shall take effect on the one hundred twentieth day after
    9  it shall have become a law.