N.Y. Social Services Law § 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.