Bill Text: NY S04870 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows college coursework to be credited as a work activity which may be used toward fulfilling the employment requirements for public assistance benefits under certain conditions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO SOCIAL SERVICES [S04870 Detail]

Download: New_York-2019-S04870-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4870
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 28, 2019
                                       ___________
        Introduced by Sens. PARKER, SEPULVEDA -- 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 chapter 275 of the laws of 2017, is  amended  to  read  as
     4  follows:
     5    §  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, education or a course  of  instruction
    11  in  financial literacy and personal finance that includes instruction on
    12  household cash management techniques, career advice  to  obtain  a  well
    13  paying  and  secure  job, using checking and savings accounts, obtaining
    14  and utilizing short and long term credit, securing a loan or other  long
    15  term financing arrangement for high cost items, participation in a high-
    16  er  education  course of instruction or trade school, and no more than a
    17  total of four years of post-secondary education (or the part-time equiv-
    18  alent). Educational activities pursuant to this section may  be  offered
    19  with  any  of  the  following  providers  which  meet the performance or
    20  assessment standards established in regulations by the commissioner  for
    21  such  providers:  a community college, licensed trade school, registered
    22  business school, or a two-year or four-year college; provided,  however,
    23  that  such  post-secondary education must be necessary to the attainment
    24  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.
                                                                   LBD04437-02-9

        S. 4870                             2
     1  employability  plan  and  such  goal  must  relate directly to obtaining
     2  useful employment in a recognized occupation. When making any assignment
     3  to any educational activity pursuant to this subdivision,  such  assign-
     4  ment  shall  be  permitted  only  to  the extent that such assignment is
     5  consistent with the individual's assessment and employment plan goals in
     6  accordance with sections three hundred  thirty-five  and  three  hundred
     7  thirty-five-a  of this title and shall require that the individual main-
     8  tains satisfactory academic progress and hourly participation  is  docu-
     9  mented  consistent  with federal and state requirements. For purposes of
    10  this provision "satisfactory academic  progress"  shall  mean  having  a
    11  cumulative  C  average, or its equivalent, as determined by the academic
    12  institution. The requirement to maintain satisfactory academic  progress
    13  may  be  waived  if  done  so by the academic institution and the social
    14  services district based on undue hardship caused by an event such  as  a
    15  personal  injury  or  illness of the student, the death of a relative of
    16  the student or other extenuating circumstances. Any enrollment in  post-
    17  secondary  education  beyond a twelve month period must be combined with
    18  no less than twenty hours  of  participation  averaged  weekly  in  paid
    19  employment  or work activities or community service when paid employment
    20  is not available.
    21    2. When a district contracts with a proprietary vocational  school  to
    22  provide  vocational  educational training to participants, not more than
    23  [twenty-five] fifty percent of the  approved  duration  of  the  program
    24  shall be devoted to preparation for a high school equivalency diploma or
    25  instruction in English for students with limited proficiency in English.
    26  Participants  needing instruction in basic literacy shall be referred to
    27  basic education programs. Instructors employed by proprietary schools to
    28  prepare a participant for a high school equivalency certificate  or  for
    29  education  in  English  proficiency  shall  meet experience requirements
    30  established by the regulations of the commissioner of education.
    31    3. When a participant is assigned to an appropriate vocational  educa-
    32  tional or educational activity and such activity is available at no cost
    33  to  the social services district through the school district or board of
    34  cooperative educational services in which  the  participant  resides  or
    35  through  another  agency  or organization providing educational services
    36  which meet such minimum standards as the commissioner of education shall
    37  establish, the social services district shall refer the  participant  to
    38  such district, board, agency or organization.
    39    4. To the extent provided in paragraphs (a) through (d) of this subdi-
    40  vision  and  if  resources  permit,  each social services official shall
    41  assign to appropriate educational activities any participant who has not
    42  obtained a high school diploma or its equivalent:
    43    (a) In accordance with  the  provisions  of  this  chapter,  any  such
    44  participant who is under age eighteen shall be required to attend educa-
    45  tional  activities  designed to prepare the individual for a high school
    46  degree or equivalency certificate. Participants who are not  subject  to
    47  compulsory  school  attendance  requirements  may  be  exempted from the
    48  requirements of this paragraph under criteria established by the depart-
    49  ment in consultation with the state education department and  consistent
    50  with federal law and regulations.
    51    (b)  Any  such  participant  who  is age eighteen or nineteen shall be
    52  assigned to educational  activities,  except  that  the  district  shall
    53  assign such participant to employment and/or other activities under this
    54  title  if  the  district has determined that such alternative activities
    55  are consistent with the participant's employability plan  and,  pursuant
    56  to  [department]  office  regulations, there has been a determination by

        S. 4870                             3
     1  the district based on such plan  that  educational  activities  are  not
     2  [appropriate]  required for such participant to obtain the knowledge and
     3  skills needed to be employed in the occupation chosen by the participant
     4  as his or her employment goal in such plan because he or she has clearly
     5  and  affirmatively  demonstrated  that  he or she already possesses such
     6  knowledge and skills or that the participant has failed  to  [make  good
     7  progress]  maintain  a  cumulative  C  average or its equivalent in such
     8  educational activities, except where undue hardship resulting  from  the
     9  death  of  a  relative of the student, the personal injury or illness of
    10  the student, or other extenuating circumstances, is responsible for such
    11  failure to maintain a cumulative C average or its equivalent.
    12    (c) Any such participant who is an adult in a two-parent family and is
    13  under age twenty-five may be  required  to  participate  in  educational
    14  activities  consistent with his or her employment goals set forth in the
    15  employability plan.
    16    (d) The social  services  official  shall  not  assign  a  participant
    17  described in this subdivision to any activities which interfere with the
    18  educational  activities assigned pursuant to such participant's employa-
    19  bility plan and described in this subdivision.
    20    5. Any applicant for or recipient of public assistance pursuing  voca-
    21  tional  education  or educational activities described in this [subdivi-
    22  sion] section shall not be assigned  to  any  other  activity  prior  to
    23  conducting  an  assessment  and  developing  an  employability  plan  as
    24  prescribed in section three hundred thirty-five or three  hundred  thir-
    25  ty-five-a  of this title and may be assigned to such other activity only
    26  if such individual's assessment and such individual's employability plan
    27  warrant the assignment to such other  activity.  Local  social  services
    28  districts  may  periodically  reevaluate a participant's employment plan
    29  and make assignments to other work activities [in order to meet  partic-
    30  ipation  rates]  not inconsistent with the requirements of this section,
    31  giving due consideration to the participant's progress in  the  current,
    32  and if applicable, prior program.
    33    6.  Nothing  required  in this section shall be construed to supersede
    34  the eligibility requirements of teen parents as set forth in this  chap-
    35  ter.
    36    7. (a) In any social services district in which the applicable federal
    37  or  state  work  activity  participation rates were met for the previous
    38  year or are projected will be met for  the  current  year,  participants
    39  shall be permitted to pursue post-secondary education, including partic-
    40  ipation  in  a  four  year program, in satisfaction of the work activity
    41  requirements of this title.
    42    (b) When a participant engages in  educational  activity  pursuant  to
    43  this section in full or partial satisfaction of his or her work require-
    44  ment,  the  local  district  shall  count each hour of classroom partic-
    45  ipation as work activity and shall also count the time reasonably neces-
    46  sary for study and class preparation as work activity. For each hour  of
    47  classroom  participation,  the  time  reasonably necessary for study and
    48  class preparation shall be deemed to  be  the  number  of  supplementary
    49  assignment  hours required by state education department regulations for
    50  each credit hour in  a  course  of  professional  or  higher  education;
    51  provided that a district may count a larger number of hours if a partic-
    52  ipant demonstrates that his or her educational activity requires a larg-
    53  er  number  of hours for study, preparation or other supplemental activ-
    54  ity.
    55    (c) A district social services official shall not assign a participant
    56  described in this subdivision to any activities which interfere with the

        S. 4870                             4
     1  educational activities described in this subdivision. The district shall
     2  not assign any additional activities to a participant described in  this
     3  subdivision  who  is  enrolled  at  least  half-time in a post-secondary
     4  program  and  has at least a cumulative C average or its equivalent. The
     5  district may waive the requirement that the  student  have  at  least  a
     6  cumulative  C  average or its equivalent for undue hardship based on (i)
     7  the death of a relative of the student; (ii)  the  personal  illness  or
     8  injury of the student; or (iii) other extenuating circumstances.
     9    § 2. This act shall take effect on the one hundred twentieth day after
    10  it  shall have become a law. Effective immediately, the addition, amend-
    11  ment and/or repeal of any rules or regulations necessary for the  imple-
    12  mentation  of  the  provisions  of  this  act  on its effective date are
    13  authorized to be made and completed on or before such effective date.
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