A 10363: Relates to access to educational activities by public assistance recipients who are subject to work participation requirements; allows homework expected or required by an educational institution to count towards satisfaction of the work activity requirements for public assistance benefits for participants engaged in certain educational or training activities.

  
  STATE OF NEW YORK ________________________________________________________________________ 10363  IN ASSEMBLY March 2, 2026 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to access to educa- tional activities by public assistance recipients who are subject to work participation requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 336-a of the social services law, as amended by 2 section 148 of part B of chapter 436 of the laws of 1997, subdivision 1 3 as amended by section 1 of part X of chapter 56 of the laws of 2023, is 4 amended to read as follows: 5 § 336-a. Educational activities. 1. Social services districts shall 6 make available vocational educational training and educational activ- 7 ities. Such activities may include but need not be limited to, high 8 school education or education designed to prepare a participant for a 9 high school equivalency certificate, basic and remedial education, 10 education in English proficiency, education or a course of instruction 11 in financial literacy and personal finance that includes instruction on 12 household cash management techniques, career advice to obtain a well 13 paying and secure job, using checking and savings accounts, obtaining 14 and utilizing short and long term credit, securing a loan or other long 15 term financing arrangement for high cost items, participation in a high- 16 er education course of instruction or trade school, and no more than a 17 total of four years of post-secondary education (or the part-time equiv- 18 alent). Educational activities pursuant to this section may be offered 19 with any of the following providers which meet the performance or 20 assessment standards established in regulations by the commissioner for 21 such providers: a community college, licensed trade school, registered 22 business school, or a two-year or four-year college; provided, however, 23 that such post-secondary education must be necessary to the attainment 24 of the participant's individual employment goal as set forth in the 25 employability plan and such goal must relate directly to obtaining 26 useful employment. When making an assignment to any educational activity 27 pursuant to this subdivision, such assignment shall be permitted only to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07980-06-6 
 A. 10363 2 1 the extent that such assignment is consistent with the individual's 2 assessment and employment plan goals in accordance with sections three 3 hundred thirty-five and three hundred thirty-five-a of this title and 4 shall require that the individual maintains satisfactory academic 5 progress and hourly participation is documented consistent with federal 6 and state requirements. For purposes of this provision "satisfactory 7 academic progress" shall mean having a cumulative C average, or its 8 equivalent, as determined by the academic institution. The requirement 9 to maintain satisfactory academic progress may be waived if done so by 10 the academic institution and the social services district based on undue 11 hardship caused by an event such as a personal injury or illness of the 12 student, the death of a relative of the student or other extenuating 13 circumstances. Participation in an educational and/or vocational train- 14 ing program, that shall include, but not be limited to, a two-year post- 15 secondary degree program, which is necessary for the participant to 16 attain their individual employment goal and is likely to lead to a 17 degree or certification and sustained employment, shall be approved 18 consistent with such individual's assessment and employability plan to 19 the extent that such approval does not jeopardize the state's ability to 20 comply with federal work participation rates, as determined by the 21 office of temporary and disability assistance. 22 2. When a district contracts with a proprietary vocational school to 23 provide vocational educational training to participants, not more than 24 [twenty-five] fifty percent of the approved duration of the program 25 shall be devoted to preparation for a high school equivalency diploma or 26 instruction in English for students with limited proficiency in English. 27 Participants needing instruction in basic literacy shall be referred to 28 basic education programs. Instructors employed by proprietary schools to 29 prepare a participant for a high school equivalency certificate or for 30 education in English proficiency shall meet experience requirements 31 established by the regulations of the commissioner of education. 32 3. When a participant is assigned to an appropriate vocational educa- 33 tional or educational activity and such activity is available at no cost 34 to the social services district through the school district or board of 35 cooperative educational services in which the participant resides or 36 through another agency or organization providing educational services 37 which meet such minimum standards as the commissioner of education shall 38 establish, the social services district shall refer the participant to 39 such district, board, agency or organization. 40 4. To the extent provided in paragraphs (a) through (d) of this subdi- 41 vision and if resources permit, each social services official shall 42 assign to appropriate educational activities any participant who has not 43 obtained a high school diploma or its equivalent: 44 (a) In accordance with the provisions of this chapter, any such 45 participant who is under age eighteen shall be required to attend educa- 46 tional activities designed to prepare the individual for a high school 47 degree or equivalency certificate. Participants who are not subject to 48 compulsory school attendance requirements may be exempted from the 49 requirements of this paragraph under criteria established by the depart- 50 ment in consultation with the state education department and consistent 51 with federal law and regulations. 52 (b) Any such participant who is age eighteen or nineteen shall be 53 assigned to educational activities, except that the district shall 54 assign such participant to employment and/or other activities under this 55 title if the district has determined that such alternative activities 56 are consistent with the participant's employability plan and, pursuant 
 A. 10363 3 1 to [department] office regulations, there has been a determination by 2 the district based on such plan that educational activities are not 3 [appropriate] required for such participant to obtain the knowledge and 4 skills needed to be employed in the occupation chosen by the participant 5 as such participant's employment goal in such plan because such partic- 6 ipant has clearly and affirmatively demonstrated that such participant 7 already possesses such knowledge and skills or that the participant has 8 failed to [make good progress] maintain a cumulative C average or its 9 equivalent in such educational activities, except where undue hardship 10 resulting from the death of a relative of the student, the personal 11 injury or illness of the student, or other extenuating circumstances, is 12 responsible for such failure to maintain a cumulative C average or its 13 equivalent. 14 (c) Any such participant who is an adult in a two-parent family and is 15 under age twenty-five may be required to participate in educational 16 activities consistent with [his or her] such participant's employment 17 goals set forth in the employability plan. 18 (d) The social services official shall not assign a participant 19 described in this subdivision to any activities which interfere with the 20 educational activities assigned pursuant to such participant's employa- 21 bility plan and described in this subdivision. 22 5. Any applicant for or recipient of public assistance pursuing activ- 23 ities described in this [subdivision] section shall not be assigned to 24 any other activity prior to conducting an assessment and developing an 25 employability plan as prescribed in section three hundred thirty-five or 26 three hundred thirty-five-a of this title and may be assigned to such 27 other activity only if such individual's assessment and such individ- 28 ual's employability plan warrant the assignment to such other activity. 29 Local social services districts may periodically reevaluate a partic- 30 ipant's employment plan and make assignments to other work activities 31 [in order to meet participation rates] if such assignment does not 32 prevent meeting federal participation rates, giving due consideration to 33 the participant's progress in the current, and if applicable, prior 34 program. 35 6. Nothing required in this section shall be construed to supersede 36 the eligibility requirements of teen parents as set forth in this chap- 37 ter. 38 § 2. Section 336 of the social services law is amended by adding a new 39 subdivision 9 to read as follows: 40 9. For any participant engaged in an educational or training activity 41 pursuant to paragraphs (h), (i), (j), (k) or (n) of subdivision one of 42 this section, homework expected or required by the educational institu- 43 tion, including up to one hour of unsupervised homework per hour of 44 class time, plus additional hours of homework supervised by the educa- 45 tional institution, shall count towards satisfaction of the partic- 46 ipant's work activity requirements under this title, to the extent that 47 such participation shall not impair the need of the social services 48 district to meet federal and state work activity participation require- 49 ments. 50 § 3. This act shall take effect on the one hundred twentieth day after 51 it shall have become a law. Effective immediately, the addition, amend- 52 ment and/or repeal of any rules or regulations necessary for the imple- 53 mentation of the provisions of this act on its effective date are 54 authorized to be made and completed on or before such effective date.