Bill Text: NY S01419 | 2013-2014 | General Assembly | Introduced


Bill Title: Allows for baccalaureate and advanced degree programs to count towards the work participation rate and further provides for certain educational and training activity to count towards the satisfaction of the participant's work activity requirement.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO SOCIAL SERVICES [S01419 Detail]

Download: New_York-2013-S01419-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1419
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced   by   Sens.   MONTGOMERY,   ADAMS,   AVELLA,   DIAZ,  DILAN,
         HASSELL-THOMPSON, KRUEGER, PARKER, PERKINS, SAMPSON, SAVINO, SQUADRON,
         STAVISKY, STEWART-COUSINS -- 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 clarifying the
         definitions of vocational educational training and educational  activ-
         ities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraph (a) of subdivision 2 of  section  335-a  of  the
    2  social  services law, as amended by section 148 of part B of chapter 436
    3  of the laws of 1997, is amended to read as follows:
    4    (a) Based on the  assessment  required  by  subdivision  one  of  this
    5  section,  the social services official, in consultation with the partic-
    6  ipant, shall develop an employability plan in writing  which  shall  set
    7  forth the services that will be provided by the social services official
    8  and  the  activities  in which the participant will take part, including
    9  supportive services and shall set  forth  an  employment  goal  for  the
   10  participant.  [A local social services district may assign recipients in
   11  households without dependent children to any activity.]  TO  THE  EXTENT
   12  POSSIBLE,  THE  EMPLOYABILITY  PLAN SHALL REFLECT THE PREFERENCES OF THE
   13  PARTICIPANT IN A MANNER THAT IS  CONSISTENT  WITH  THE  RESULTS  OF  THE
   14  PARTICIPANT'S ASSESSMENT AND THE NEED OF THE SOCIAL SERVICES DISTRICT TO
   15  MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIREMENTS, AND, IF
   16  SUCH  PREFERENCES CANNOT BE ACCOMMODATED, THE REASONS SHALL BE SPECIFIED
   17  IN THE EMPLOYABILITY PLAN. The employability plan also shall  take  into
   18  account  the  participant's supportive services needs, available program
   19  resources, local employment opportunities, and where the social services
   20  official is considering an  educational  activity  assignment  for  such
   21  participant,  the  participant's liability for student loans, grants and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00782-01-3
       S. 1419                             2
    1  scholarship awards.  The employability plan shall be  explained  to  the
    2  participant. Any change to the participant's employability plan required
    3  by  the social services official shall be discussed with the participant
    4  and shall be documented in writing.
    5    S  2.  Paragraph  (h)  of  subdivision  1 of section 336 of the social
    6  services law, as amended by chapter 214 of the laws of 1998, is  amended
    7  to read as follows:
    8    (h)  vocational  educational  training as time limited by federal law.
    9  For the purposes of this title, "vocational educational training"  shall
   10  include  but not be limited to organized educational programs offering a
   11  sequence of courses which are directly related  to  the  preparation  of
   12  individuals  for current or emerging occupations [requiring other than a
   13  baccalaureate or advanced degree] INCLUDING PROGRAMS THAT REQUIRE UP  TO
   14  FOUR  YEARS  OF  POST-SECONDARY  EDUCATION.  Such programs shall include
   15  competency-based applied learning which contributes to  an  individual's
   16  academic  knowledge, higher-order reasoning, and problem-solving skills,
   17  work attitudes, general employability skills, and the  occupational-spe-
   18  cific  skills  necessary  for  economic  independence.  Such  term  also
   19  includes applied technology education;
   20    S 3. Paragraph (i) of subdivision 1  of  section  336  of  the  social
   21  services  law,  as  added by section 148 of part B of chapter 436 of the
   22  laws of 1997, is amended to read as follows:
   23    (i) job skills training directly related to employment.    JOB  SKILLS
   24  TRAINING DIRECTLY RELATED TO EMPLOYMENT SHALL INCLUDE BUT NOT BE LIMITED
   25  TO  PARTICIPATION IN UP TO FOUR YEARS OF POST-SECONDARY EDUCATION TO THE
   26  EXTENT CONSISTENT WITH FEDERAL AND STATE REQUIREMENTS;
   27    S 4. Subdivision 1 of section 336-a of the  social  services  law,  as
   28  amended  by section 148 of part B of chapter 436 of the laws of 1997, is
   29  amended to read as follows:
   30    1. Social services districts shall make  available  vocational  educa-
   31  tional  training  and  educational  activities  INCLUDING  PROGRAMS THAT
   32  REQUIRE UP TO FOUR YEARS OF POST-SECONDARY EDUCATION.   Such  activities
   33  may  include but need not be limited to, high school education or educa-
   34  tion designed to prepare a participant for  a  high  school  equivalency
   35  certificate,  basic  and  remedial  education,  AND education in English
   36  proficiency and SHALL INCLUDE no more than a total of [two]  FOUR  years
   37  of  post-secondary  education  (or the part-time equivalent if full-time
   38  study would constitute an undue hardship) [in].  EDUCATIONAL  ACTIVITIES
   39  PURSUANT  TO  THIS  SECTION  MAY  BE  OFFERED  WITH any of the following
   40  providers which meet the performance or assessment standards established
   41  in regulations by the commissioner for  such  providers:    a  community
   42  college,  licensed  trade  school, registered business school, or a two-
   43  year OR FOUR-YEAR college; provided, however, that  such  post-secondary
   44  education must be necessary to the attainment of the participant's indi-
   45  vidual  employment  goal as set forth in the employability plan and such
   46  goal must relate directly to obtaining useful employment in a recognized
   47  occupation.   WHEN MAKING ANY ASSIGNMENT  TO  ANY  EDUCATIONAL  ACTIVITY
   48  PURSUANT TO THIS SUBDIVISION, SUCH ASSIGNMENT SHALL BE PERMITTED ONLY TO
   49  THE  EXTENT  THAT  SUCH  ASSIGNMENT  IS CONSISTENT WITH THE INDIVIDUAL'S
   50  ASSESSMENT AND EMPLOYMENT PLAN GOALS IN ACCORDANCE WITH  SECTIONS  THREE
   51  HUNDRED  THIRTY-FIVE  AND  THREE HUNDRED THIRTY-FIVE-A OF THIS TITLE AND
   52  SHALL  REQUIRE  THAT  THE  INDIVIDUAL  MAINTAINS  SATISFACTORY  ACADEMIC
   53  PROGRESS.   FOR   PURPOSES  OF  THIS  PROVISION  "SATISFACTORY  ACADEMIC
   54  PROGRESS" SHALL MEAN SATISFACTORY PROGRESS AS DEFINED IN 20 USC 1091(C).
       S. 1419                             3
    1    S 5. Paragraph (c) of subdivision 1 of section  131-n  of  the  social
    2  services  law, as amended by chapter 373 of the laws of 2003, is amended
    3  to read as follows:
    4    (c)  an  amount  up to one thousand four hundred dollars in a separate
    5  bank account established by an individual while currently in receipt  of
    6  assistance  for the purpose of paying tuition at a two-year OR FOUR-YEAR
    7  accredited post-secondary educational institution, so long as the  funds
    8  are not used for any other purpose,
    9    S  6.  This act shall take effect immediately; provided, however, that
   10  the amendments to paragraph (c) of subdivision 1 of section 131-n of the
   11  social services law made by section five of this act  shall  not  affect
   12  the expiration of such section and shall be deemed to expire therewith.
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