Bill Text: NY A03616 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the social services law, in relation to the availability of adult basic literacy, English for speakers of other languages, and high school equivalency education for public assistance recipients; and providing for the repeal of such provisions upon expiration thereof
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2010-01-06 - referred to social services [A03616 Detail]
Download: New_York-2009-A03616-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3616
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. GLICK, GREENE, CLARK, TITUS, JACOBS -- Multi-
Sponsored by -- M. of A. BRENNAN, COLTON, GALEF, GOTTFRIED, JAFFEE,
JOHN, V. LOPEZ, MILLMAN, PEOPLES, PERRY, PHEFFER, REILLY, ROSENTHAL,
SWEENEY, TOWNS -- read once and referred to the Committee on Social
Services
AN ACT to amend the social services law, in relation to the availability
of adult basic literacy, English for speakers of other languages, and
high school equivalency education for public assistance recipients;
and providing for the repeal of such provisions upon expiration there-
of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 330 of the social services law is amended by adding
2 two new subdivisions 6 and 7 to read as follows:
3 6. "BASIC LITERACY LEVEL" SHALL MEAN A LITERACY LEVEL EQUIVALENT TO
4 THE NINTH MONTH OF THE EIGHTH GRADE, TOGETHER WITH ENGLISH LANGUAGE
5 PROFICIENCY.
6 7. "APPROVED PROGRAM" SHALL INCLUDE EDUCATION THAT IS PROVIDED BY AN
7 ENTITY THAT IS LICENSED, CERTIFIED OR OTHERWISE APPROVED BY AN APPROPRI-
8 ATE GOVERNMENTAL AUTHORITY INCLUDING LOCAL SOCIAL SERVICES DISTRICTS TO
9 PROVIDE ADULT BASIC LITERACY, ENGLISH LANGUAGE PROFICIENCY AND/OR GED
10 PREPARATION.
11 S 2. Paragraph (b) of subdivision 2 of section 335 of the social
12 services law, as amended by section 148 of part B of chapter 436 of the
13 laws of 1997, is amended to read as follows:
14 (b) Where an assessment indicates that a participant who is not
15 subject to the education requirements of subdivision four of section
16 three hundred thirty-six-a of this title has not attained a basic liter-
17 acy level, OR HAS NOT ATTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT,
18 the social services official shall encourage and may require the partic-
19 ipant to enter a program to achieve basic literacy or THE EQUIVALENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06885-01-9
A. 3616 2
1 A high school [equivalency] DIPLOMA or to enter such educational
2 programs in combination with other training activities consistent with
3 the employability plan. PRIOR TO ASSIGNMENT OR REASSIGNMENT TO A WORK
4 ACTIVITY, THE SOCIAL SERVICES DISTRICT SHALL MAKE PARTICIPANTS AWARE OF
5 ALL BASIC EDUCATION PROVIDERS IN THE DISTRICT THAT ARE APPROVED
6 PROGRAMS; SHALL MAKE PARTICIPANTS AWARE OF THEIR RIGHTS AND OBLIGATIONS
7 IN CONTINUING IN OR SEEKING ENROLLMENT IN SUCH PROGRAMS; AND SHALL, BY
8 MEANS INCLUDING BUT NOT LIMITED TO REFERRAL OF PARTICIPANTS TO THE
9 OUTREACH AND REFERRAL SERVICES FOR BASIC EDUCATION UNDER TITLE II OF THE
10 FEDERAL WORKFORCE INVESTMENT ACT, PROVIDE PARTICIPANTS AN OPPORTUNITY TO
11 SEEK ENROLLMENT IN SUCH PROGRAMS. ANY PARTICIPANT WHO IS EITHER ENROLLED
12 IN AN APPROVED PROGRAM OR IS ACCEPTED BY AN APPROVED PROGRAM SHALL NOT
13 BE UNREASONABLY DENIED THE ABILITY TO PARTICIPATE IN SUCH PROGRAM OR
14 PROGRAMS UP TO A MAXIMUM OF SIXTEEN HOURS PER WEEK, AND EACH HOUR OF
15 APPROVED CLASSROOM PARTICIPATION SHALL, TO THE EXTENT PERMISSIBLE UNDER
16 THE FEDERAL DEFICIT REDUCTION ACT OF 2005 AND ACCOMPANYING FEDERAL
17 DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATIONS FOR TEMPORARY
18 ASSISTANCE FOR NEEDY FAMILIES, COUNT TOWARD SATISFACTION OF SUCH PARTIC-
19 IPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE.
20 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE LOCAL SOCIAL
21 SERVICES COMMISSIONER FROM AUTHORIZING ADDITIONAL HOURS OF CLASSROOM
22 PARTICIPATION, IN EXCESS OF SIXTEEN HOURS PER WEEK. IN DECIDING WHETHER
23 TO AUTHORIZE CONTINUED PARTICIPATION IN A BASIC EDUCATION PROGRAM OR
24 ADDITIONAL HOURS OF CLASSROOM PARTICIPATION IN EXCESS OF SIXTEEN HOURS
25 PER WEEK, A LOCAL SOCIAL SERVICES COMMISSIONER MAY CONSIDER, AMONG OTHER
26 FACTORS, WHETHER:
27 (I) THE PARTICIPANT HAS VOLUNTARILY TERMINATED HIS OR HER EMPLOYMENT
28 OR VOLUNTARILY REDUCED HIS OR HER EARNINGS TO QUALIFY FOR PUBLIC ASSIST-
29 ANCE PURSUANT TO SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE OF
30 THIS ARTICLE;
31 (II) THE PARTICIPANT IS FULLY IN COMPLIANCE WITH ALL WORK ACTIVITY
32 REQUIREMENTS;
33 (III) THE PARTICIPANT HAS MADE AND IS MAKING EDUCATIONAL PROGRESS
34 REASONABLY CALCULATED TO ACHIEVE THE STANDARDS OF THE EDUCATIONAL
35 PROGRAM AS APPROVED BY THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
36 DISABILITY ASSISTANCE;
37 (IV) THE PARTICIPANT MAINTAINS GOOD ATTENDANCE AND THE EDUCATION
38 PROVIDER AND PARTICIPANT COOPERATE WITH THE LOCAL DISTRICT IN MONITORING
39 AND REPORTING ON THE PARTICIPANT'S ATTENDANCE AND PROGRESS; AND
40 (V) THE PARTICIPANT'S PARTICIPATION IN BASIC EDUCATION ACTIVITIES IS
41 COUNTABLE TOWARD FEDERAL WORK PARTICIPATION REQUIREMENTS.
42 A PARTICIPANT FAILING TO MAINTAIN GOOD ATTENDANCE AT ACTIVITIES
43 ASSIGNED AND/OR COUNTED TOWARD A PARTICIPANT'S WORK ACTIVITIES PURSUANT
44 TO THIS SECTION SHALL BE SUBJECT TO SANCTIONS EQUIVALENT TO THOSE ASSO-
45 CIATED WITH FAILURE TO ADEQUATELY SATISFY THEIR OTHER REQUIRED WORK
46 ACTIVITIES. IN ASSIGNING PARTICIPANTS ATTENDING ADULT BASIC EDUCATION TO
47 OTHER WORK ACTIVITIES, THE DISTRICTS SHALL MAKE REASONABLE EFFORTS TO
48 ASSIGN THE PARTICIPANT TO HOURS THAT DO NOT CONFLICT WITH THE PARTIC-
49 IPANT'S BASIC EDUCATION CLASS, PROVIDED PARTICIPANTS WHO HAVE THE OPTION
50 OF CHOOSING BETWEEN SCHEDULES OF BASIC EDUCATION CLASSES WITH SIMILAR
51 PROGRAM DESIGN AND LOCATION MAY BE REQUIRED TO ACCOMMODATE THE
52 DISTRICT'S OTHER REQUIRED WORK ACTIVITIES. THE PARTICIPANT SHALL NOT BE
53 DEEMED NONCOMPLIANT AND SUBJECT TO THE PROVISIONS OF SECTION THREE
54 HUNDRED FORTY-TWO OF THIS TITLE FOR FAILURE TO ATTEND A BASIC EDUCATION
55 PROGRAM AS LONG AS THE PARTICIPANT IS FULLY ENGAGED IN ALLOWABLE WORK
56 ACTIVITIES SET FORTH IN SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE
A. 3616 3
1 FOR THE MINIMUM NUMBER OF HOURS PER WEEK SET FORTH IN SUBDIVISION TWO OF
2 SECTION THREE HUNDRED THIRTY-FIVE-B OF THIS TITLE OR REQUIRED UNDER
3 FEDERAL WORK PARTICIPATION RULES.
4 S 3. Paragraph (b) of subdivision 2 of section 335-a of the social
5 services law, as amended by section 148 of part B of chapter 436 of the
6 laws of 1997, is amended to read as follows:
7 (b) Where an assessment indicates that a participant who is not
8 subject to the education requirements of this title has not attained a
9 basic literacy level, OR HAS NOT ATTAINED A HIGH SCHOOL DIPLOMA OR ITS
10 EQUIVALENT, the social services official shall encourage and may require
11 the participant to enter a program to achieve basic literacy or THE
12 EQUIVALENT OF A high school [equivalency] DIPLOMA or to enter such
13 educational programs in combination with other training activities
14 consistent with the employability plan. PRIOR TO ASSIGNMENT OR REAS-
15 SIGNMENT TO A WORK ACTIVITY, THE SOCIAL SERVICES DISTRICT SHALL MAKE
16 PARTICIPANTS AWARE OF ALL BASIC EDUCATION PROVIDERS IN THE DISTRICT THAT
17 ARE APPROVED PROGRAMS; AND SHALL MAKE PARTICIPANTS AWARE OF THEIR RIGHTS
18 AND OBLIGATIONS IN CONTINUING IN OR SEEKING ENROLLMENT IN SUCH PROGRAMS;
19 AND SHALL, BY MEANS INCLUDING BUT NOT LIMITED TO REFERRAL OF PARTIC-
20 IPANTS TO THE OUTREACH AND REFERRAL SERVICES FOR BASIC EDUCATION UNDER
21 TITLE II OF THE FEDERAL WORKFORCE INVESTMENT ACT, PROVIDE PARTICIPANTS
22 AN OPPORTUNITY TO SEEK ENROLLMENT IN SUCH PROGRAMS. ANY PARTICIPANT WHO
23 IS EITHER ENROLLED IN AN APPROVED PROGRAM OR IS ACCEPTED BY AN APPROVED
24 PROGRAM SHALL NOT BE UNREASONABLY DENIED THE ABILITY TO PARTICIPATE IN
25 SUCH PROGRAM OR PROGRAMS UP TO A MAXIMUM OF SIXTEEN HOURS PER WEEK, AND
26 EACH HOUR OF APPROVED CLASSROOM PARTICIPATION SHALL, TO THE EXTENT
27 PERMISSIBLE UNDER THE FEDERAL DEFICIT REDUCTION ACT OF 2005 AND ACCOMPA-
28 NYING FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATIONS FOR
29 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, COUNT TOWARD SATISFACTION OF
30 SUCH PARTICIPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE.
31 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE LOCAL SOCIAL
32 SERVICES COMMISSIONER FROM AUTHORIZING ADDITIONAL HOURS OF CLASSROOM
33 PARTICIPATION, IN EXCESS OF SIXTEEN HOURS PER WEEK. IN DECIDING WHETHER
34 TO AUTHORIZE CONTINUED PARTICIPATION IN A BASIC EDUCATION PROGRAM OR
35 ADDITIONAL HOURS OF CLASSROOM PARTICIPATION IN EXCESS OF SIXTEEN HOURS
36 PER WEEK, A LOCAL SOCIAL SERVICES COMMISSIONER MAY CONSIDER, AMONG OTHER
37 FACTORS, WHETHER:
38 (I) THE PARTICIPANT HAS VOLUNTARILY TERMINATED HIS OR HER EMPLOYMENT
39 OR VOLUNTARILY REDUCED HIS OR HER EARNINGS TO QUALIFY FOR PUBLIC ASSIST-
40 ANCE PURSUANT TO SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE OF
41 THIS ARTICLE;
42 (II) THE PARTICIPANT IS FULLY IN COMPLIANCE WITH ALL WORK ACTIVITY
43 REQUIREMENTS;
44 (III) THE PARTICIPANT HAS MADE AND IS MAKING EDUCATIONAL PROGRESS
45 REASONABLY CALCULATED TO ACHIEVE THE STANDARDS OF THE EDUCATIONAL
46 PROGRAM AS APPROVED BY THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
47 DISABILITY ASSISTANCE;
48 (IV) THE PARTICIPANT MAINTAINS GOOD ATTENDANCE AND THE EDUCATION
49 PROVIDER AND PARTICIPANT COOPERATE WITH THE LOCAL DISTRICT IN MONITORING
50 AND REPORTING ON THE PARTICIPANT'S ATTENDANCE AND PROGRESS; AND
51 (V) THE PARTICIPANT'S PARTICIPATION IN BASIC EDUCATION ACTIVITIES IS
52 COUNTABLE TOWARD FEDERAL WORK PARTICIPATION REQUIREMENTS.
53 A PARTICIPANT FAILING TO MAINTAIN GOOD ATTENDANCE AT ACTIVITIES
54 ASSIGNED AND/OR COUNTED TOWARD A PARTICIPANT'S WORK ACTIVITIES PURSUANT
55 TO THIS SECTION SHALL BE SUBJECT TO SANCTIONS EQUIVALENT TO THOSE ASSO-
56 CIATED WITH FAILURE TO ADEQUATELY SATISFY THEIR OTHER REQUIRED WORK
A. 3616 4
1 ACTIVITIES. IN ASSIGNING PARTICIPANTS ATTENDING ADULT BASIC EDUCATION TO
2 OTHER WORK ACTIVITIES, THE DISTRICTS SHALL MAKE REASONABLE EFFORTS TO
3 ASSIGN THE PARTICIPANT TO HOURS THAT DO NOT CONFLICT WITH THE PARTIC-
4 IPANT'S BASIC EDUCATION CLASS, PROVIDED PARTICIPANTS WHO HAVE THE OPTION
5 OF CHOOSING BETWEEN SCHEDULES OF BASIC EDUCATION CLASSES WITH SIMILAR
6 PROGRAM DESIGN AND LOCATION MAY BE REQUIRED TO ACCOMMODATE THE
7 DISTRICT'S OTHER REQUIRED WORK ACTIVITIES. THE PARTICIPANT SHALL NOT BE
8 DEEMED NONCOMPLIANT AND SUBJECT TO THE PROVISIONS OF SECTION THREE
9 HUNDRED FORTY-TWO OF THIS TITLE FOR FAILURE TO ATTEND A BASIC EDUCATION
10 PROGRAM AS LONG AS THE PARTICIPANT IS FULLY ENGAGED IN ALLOWABLE WORK
11 ACTIVITIES SET FORTH IN SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE
12 FOR THE MINIMUM NUMBER OF HOURS PER WEEK SET FORTH IN SUBDIVISION TWO OF
13 SECTION THREE HUNDRED THIRTY-FIVE-B OF THIS TITLE OR REQUIRED UNDER
14 FEDERAL WORK PARTICIPATION RULES.
15 S 4. This act shall take effect on the first of January next succeed-
16 ing the date on which it shall have become a law and shall expire June
17 30, 2012 when upon such date the provisions of this act shall be deemed
18 repealed.
