2023 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.   When  making  an  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.  Participation  in  an  educational  and/or
vocational training program, that shall include, but not be limited  to,
a  two-year  post-secondary  degree  program, which is necessary for the
participant to attain their individual employment goal and is likely  to
lead  to  a  degree  or certification and sustained employment, shall be
approved consistent with such individual's assessment and  employability
plan  to  the  extent that such approval does not jeopardize the state's
ability to comply with federal work participation rates,  as  determined
by the office of temporary and disability assistance.
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.