§ 336-A — Educational activities

New York § 336-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 9-B: Public Assistance Employment Programs
• Art. 5: Assistance and Care

Text

§ 336-a. Educational activities. 1. Social services districts shall\nmake available vocational educational training and educational\nactivities. Such activities may include but need not be limited to, high\nschool education or education designed to prepare a participant for a\nhigh school equivalency certificate, basic and remedial education,\neducation in English proficiency, education or a course of instruction\nin financial literacy and personal finance that includes instruction on\nhousehold cash management techniques, career advice to obtain a well\npaying and secure job, using checking and savings accounts, obtaining\nand utilizing short and long term credit, securing a loan or other long\nterm financing arrangement for high cost items, participation in a\nhigher education course of instruction or trade school, and no more than\na total of four years of post-secondary education (or the part-time\nequivalent). Educational activities pursuant to this section may be\noffered with any of the following providers which meet the performance\nor assessment standards established in regulations by the commissioner\nfor such providers: a community college, licensed trade school,\nregistered business school, or a two-year or four-year college;\nprovided, however, that such post-secondary education must be necessary\nto the attainment of the participant's individual employment goal as set\nforth in the employability plan and such goal must relate directly to\nobtaining useful employment. When making an assignment to any\neducational activity pursuant to this subdivision, such assignment shall\nbe permitted only to the extent that such assignment is consistent with\nthe individual's assessment and employment plan goals in accordance with\nsections three hundred thirty-five and three hundred thirty-five-a of\nthis title and shall require that the individual maintains satisfactory\nacademic progress and hourly participation is documented consistent with\nfederal and state requirements. For purposes of this provision\n"satisfactory academic progress" shall mean having a cumulative C\naverage, or its equivalent, as determined by the academic institution.\nThe requirement to maintain satisfactory academic progress may be waived\nif done so by the academic institution and the social services district\nbased on undue hardship caused by an event such as a personal injury or\nillness of the student, the death of a relative of the student or other\nextenuating circumstances. Participation in an educational and/or\nvocational training program, that shall include, but not be limited to,\na two-year post-secondary degree program, which is necessary for the\nparticipant to attain their individual employment goal and is likely to\nlead to a degree or certification and sustained employment, shall be\napproved consistent with such individual's assessment and employability\nplan to the extent that such approval does not jeopardize the state's\nability to comply with federal work participation rates, as determined\nby the office of temporary and disability assistance.\n 2. When a district contracts with a proprietary vocational school to\nprovide vocational educational training to participants, not more than\ntwenty-five percent of the approved duration of the program shall be\ndevoted to preparation for a high school equivalency diploma or\ninstruction in English for students with limited proficiency in English.\nParticipants needing instruction in basic literacy shall be referred to\nbasic education programs. Instructors employed by proprietary schools to\nprepare a participant for a high school equivalency certificate or for\neducation in English proficiency shall meet experience requirements\nestablished by the regulations of the commissioner of education.\n 3. When a participant is assigned to an appropriate vocational\neducational or educational activity and such activity is available at no\ncost to the social services district through the school district or\nboard of cooperative educational services in which the participant\nresides or through another agency or organization providing educational\nservices, the social services district shall refer the participant to\nsuch district, board, agency or organization.\n 4. To the extent provided in paragraphs (a) through (d) of this\nsubdivision and if resources permit, each social services official shall\nassign to appropriate educational activities any participant who has not\nobtained a high school diploma or its equivalent:\n (a) In accordance with the provisions of this chapter, any such\nparticipant who is under age eighteen shall be required to attend\neducational activities designed to prepare the individual for a high\nschool degree or equivalency certificate. Participants who are not\nsubject to compulsory school attendance requirements may be exempted\nfrom the requirements of this paragraph under criteria established by\nthe department in consultation with the state education department and\nconsistent with federal law and regulations.\n (b) Any such participant who is age eighteen or nineteen shall be\nassigned to educational activities, except that the district shall\nassign such participant to employment and/or other activities under this\ntitle if the district has determined that such alternative activities\nare consistent with the participant's employability plan and, pursuant\nto department regulations, there has been a determination by the\ndistrict based on such plan that educational activities are not\nappropriate for such participant or that the participant has failed to\nmake good progress in such educational activities.\n (c) Any such participant who is an adult in a two-parent family and is\nunder age twenty-five may be required to participate in educational\nactivities consistent with his or her employment goals set forth in the\nemployability plan.\n (d) The social services official shall not assign a participant\ndescribed in this subdivision to any activities which interfere with the\neducational activities assigned pursuant to such participant's\nemployability plan and described in this subdivision.\n 5. Any applicant for or recipient of public assistance pursuing\nactivities described in this subdivision shall not be assigned to any\nother activity prior to conducting an assessment and developing an\nemployability plan as prescribed in section three hundred thirty-five or\nthree hundred thirty-five-a of this title. Local social services\ndistricts may periodically reevaluate a participant's employment plan\nand make assignments to other work activities in order to meet\nparticipation rates, giving due consideration to the participant's\nprogress in the current, and if applicable, prior program.\n 6. Nothing required in this section shall be construed to supersede\nthe eligibility requirements of teen parents as set forth in this\nchapter.\n