NY Soc Serv L § 336-A (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 336-A - Educational Activities.

§  336-a.  Educational  activities. 1. Social services districts shall make  available  vocational   educational   training   and   educational activities.    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 higher education course of instruction or trade school, and no more than a  total  of  four  years  of post-secondary education (or the part-time equivalent). 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 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  assignment  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  maintains  satisfactory   academic   progress   and   hourly participation   is   documented   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 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 educational 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,  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 subdivision 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 educational  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  department  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  regulations,  there  has  been  a  determination  by  the district  based  on  such  plan  that  educational  activities  are  not appropriate for such participant or that the participant has  failed  to make good progress in such educational activities.  (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 employability plan and described in this subdivision.   5.  Any  applicant  for  or  recipient  of  public assistance pursuing activities described in this subdivision 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  thirty-five-a  of  this  title.  Local  social  services districts  may  periodically  reevaluate a participant's employment plan and  make  assignments  to  other  work  activities  in  order  to  meet participation  rates,  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 chapter.