Section 21-701
§ 21-701 Definitions. When used in this chapter, the following words
have the following meanings:
a. "Agency" means the city agency responsible for administering
programs created under title 9-B of article five of the social services
law.
b. "Applicant" means an individual who has submitted an application
for safety net assistance, family assistance or food stamps.
c. "Approved program" means education, training and/or vocational
rehabilitation that is provided by an entity that is licensed, certified
or otherwise approved by the city or state government to provide such
education, training and/or vocational rehabilitation; or is funded to
provide training or education services through Title I and/or Title II
of the Workforce Investment Act; or is included on the consolidated
Master List of Approved Training Programs.
d. "Assessment" has the same meaning as set forth in sections 335 and
335-a of the social services law.
e. "Assessment period" means the 90-day period of time after an
individual is found to be eligible for public assistance within which
the agency must complete the assessment.
f. "Basic literacy" means a literacy level equivalent to the ninth
month of the eighth grade and English language proficiency.
g. "Course hours" means all hours included in the curriculum of an
approved program, including classroom hours, lab time, and supervised or
structured study time.
h. "Consolidated master list of approved training programs" means the
list of education and training providers maintained by the agency that
have been approved pursuant to section 3-03 of title 68 of the rules of
the city of New York.
i. "Countable work activities" means any activity or combination of
activities listed under section 336 of the social services law, the
participation in which counts toward the satisfaction of the New York
social service district's requirements to meet federal and state
participation rates as set forth in sections 335-b and 336 of the social
services law.
j. "Effective participation rate" means the rate of participation in
work activities necessary to satisfy the minimum participation required
by state and federal law for recipients of public assistance.
k. "Employability plan" shall have the same meaning as set forth in
sections 335 and 335-a of the social services law.
l. "English language proficiency" means scoring above fifty on the New
York State Placement Test (NYS PLACE) or achieving an equivalent score
on a comparable test.
m. "Opportunity to enroll in an approved program or programs" means
permitting an applicant, recipient or participant to attend all
activities required to participate in the program, including orientation
and registration.
n. "Parental study credit" is a number of hours that will be applied
toward the countable work activity of an applicant, recipient or
participant who is the parent or guardian of at least one dependent
child or children under the age of six for the first twenty-four months
of participation in an approved program, other than a post-secondary 2-
or 4- year degree program, in which the curriculum does not include lab
time or supervised or structured study time. Such hours will be
calculated by multiplying the number of course hours in the applicant,
recipient or participant's program by .5.
o. "Participant" means an applicant or recipient for whom the agency
has completed an assessment or employability plan, or whom the agency
has assigned to any work activity.
p. "Program credit" means the number of hours applied toward the
applicant, recipient or participant's countable work activity as a
result of participation in an approved program. Such hours equal the
greater of:
1. the sum of the parental study credit and the number of classroom
hours in the approved program; or
2. the number of weekly course hours in the approved program.
q. "Qualifying year" means a City fiscal year during which all of the
following conditions are met:
1. federal and state law provide for a caseload reduction credit;
2. in the last two fiscal years for which published data is available,
New York State exceeded the effective participation rate by at least
10%;
3. New York City's public assistance caseload has not increased by
more than 25% over the last six months for which reported numbers are
available.
r. "Recipient" means an individual currently receiving safety net
assistance, family assistance or food stamps.
s. "Satisfactory progress" means:
1. maintaining a minimum grade point average of 2.0 or its equivalent;
or
2. making satisfactory educational progress reasonably calculated to
achieve the standards of the educational program, for any individual
enrolled in any program not included in paragraph 1 of this subdivision.
t. "Search period" means the fifteen business day period before the
assessment that begins when an applicant or recipient expresses an
interest in education, training or vocational rehabilitation.
u. "Undue hardship exemption" means an exemption from the requirement
to make satisfactory progress in an approved program granted by the
agency based on:
1. the death of a relative of the student;
2. the personal injury or illness of the student; or
3. other extenuating circumstances.
Section 21-702
§ 21-702 Assessments, employability plans and reassessments. a. During
a period of no more than 45 days within the assessment period, the
agency shall conduct and complete an assessment of employability and
shall develop a written employability plan, pursuant to sections 335 and
335-a of the social services law, for each applicant or recipient,
provided that the agency is not required to complete an assessment for
applicants for and recipients of food stamps only who are already
engaged in unsubsidized employment. Prior to the assessment, the agency
may not assign an individual to any work activity. During the
assessment, the agency may not assign an individual to any work
activity, except for job search activity.
b. The agency shall provide each participant with a copy of such
participant's employability plan upon completion of such employability
plan.
c. If an applicant who expresses an interest in or preference for
participating in training or education is found not to be eligible for
training and education as set forth in section 21-703, the reasons shall
be specified in the employability plan.
d. The agency will conduct a reassessment of employability for a
participant who expresses an interest in discontinuing a work activity
to which that individual has been assigned and enrolling in an education
or training program if the participant has been engaged in the work
activity for six months or more, or the participant's assignment to a
work activity ends and the agency seeks to reassign the participant to
another work activity.
Section 21-703
§ 21-703 Assignment of individuals engaged in or expressing an
interest in engaging in education and training and/or vocational
rehabilitation activities to other work activities.
a. If an applicant, recipient or participant is enrolled in an
approved program, then the agency shall permit such applicant, recipient
or participant to participate in such approved program provided such
approved program can be classified as a countable work activity.
b. If an applicant, recipient or participant who is eligible for
education or training as set forth in subdivision c of this section
expresses an intention or preference to the agency to enroll in
education, training or vocational rehabilitation, or if an applicant's,
recipient's or participant's assessment indicates that he or she lacks
basic literacy, a secondary school diploma, or a general equivalency
diploma (GED) or otherwise indicates that education, training or
vocational rehabilitation would enhance the individual's ability to
obtain and maintain employment, then the agency shall offer such
applicant, recipient or participant the opportunity to enroll in an
approved program or programs, provided that such approved program or
programs can be classified as countable work activities.
c. Eligibility for education or training:
1. An applicant, recipient or participant is eligible to participate
in a post-secondary two- or four- year college program if s/he has:
(a) been accepted to attend a two- or four- year college program; and
(b) not yet received a degree from a four-year college.
2. An applicant, recipient or participant is eligible to participate
in adult basic education if s/he has not attained basic literacy.
3. An applicant, recipient or participant is eligible to participate
in English for Speakers of Other Languages (ESOL) if s/he does not have
English language proficiency.
4. An applicant, recipient or participant is eligible to participate
in a GED program if s/he has attained basic literacy but has not
received a secondary school diploma.
5. An applicant, recipient or participant is eligible to participate
in a vocational education program if s/he:
(a) has been accepted into the program;
(b) has not yet completed a program teaching the same set of skills
offered by the program by which s/he has been accepted;
(c) has not commenced participation in an unrelated vocational
education course within the last 90 days;
(d) has not enrolled in and failed a vocational education course three
times during the time s/he has received public assistance; and
(e) has not for 24 months or more during the time the individual has
received public assistance attended a vocational education program or
combination of vocational education programs that included more than 15
course hours per week.
6. An applicant, recipient or participant who is not eligible for
education or training as set forth in paragraphs 1 through 5 of this
subdivision may attend an education or training program with agency
approval. In deciding whether to grant an individual approval to attend
an education or training program under this paragraph, the agency shall
consider extenuating circumstances that have affected the individual's
eligibility as set forth in paragraphs 1 through 5 of this subdivision.
d. During the search period, the agency may not assign an applicant or
recipient to any activities.
e. The agency shall classify education, training and vocational
rehabilitation activities as countable work activities to the maximum
extent permitted by state and federal law. Activities which shall be
classified as both "on-the-job training" and "community service" in the
New York City Social Services District Welfare to Work Plan that is
required pursuant to section 333 of the social services law shall
include but not be limited to: internships and externships related to
the curriculum of a non-graduate student enrolled in an approved
post-secondary institution; GED instruction; Adult Basic Education;
ESOL; vocationally-oriented training and education programs; and
activities engaged in pursuant to an individualized plan of employment
as designed by the New York state department of education, office of
vocational and educational services for individuals with disabilities
(VESID). If the New York state department of labor does not permit the
classification of any of the above-listed activities as "on-the-job
training," then the agency shall classify the disallowed activity or
activities as only "community service." Work-study shall be classified
as "unsubsidized employment" in the New York City Social Services
District Welfare to Work Plan that is required pursuant to section 333
of the social services law.
f. Credit for Participation. An applicant, recipient or participant
who is making satisfactory progress in an approved program or has an
undue hardship exemption shall receive program credit for such
participation.
g. When assigning an applicant, recipient or participant who is
engaged in an educational, training or vocational rehabilitation
activity to any additional activity, the agency shall take all
reasonable steps to locate an assignment that is either at the site of
the educational, training or vocational rehabilitation activity or in
reasonably close proximity thereto and which does not conflict with the
hours during which such individual's educational, training and
vocational rehabilitation activity takes place.
h. The agency shall not require any applicant, recipient or
participant who is enrolled at least half-time at CUNY, SUNY, or at any
other post-secondary degree-granting educational program or who is
participating in any approved program that can be classified as a
countable work activity to participate in any other activity for more
than 35 hours or the minimum number of hours necessary to count such
applicant, recipient or participant as "engaged in work" for purposes of
calculating the city's work participation rates as set forth in sections
335-b and 336 of the social services law, whichever is greater.
i. Postsecondary Education: 2- and 4-year degree programs.
1. In every qualifying year, an applicant, recipient or participant
may enroll in a postsecondary 2- or 4-year degree program if the
individual engages in a combination of educational activities in
connection with a course of study time, training, employment, study, or
work experience for an average of no less than 35 hours or the minimum
number of hours per week that sections 335-b and 336 of the social
services law would require for an applicant, participant or recipient to
be "engaged in work," whichever is greater.
2. During the period an individual participates in a postsecondary 2-
or 4-year degree program under this subdivision, the individual must
make satisfactory progress in the program or have an undue hardship
exemption.
3. For purposes of determining hours per week under subparagraph 1 of
this subdivision, an applicant, recipient or participant who is a parent
or guardian of a dependent child will receive one hour of study time for
every hour of class time during the first 24 months of participation in
the postsecondary degree program.
4. Individuals engaging in activities pursuant to this subdivision
shall be deemed to be participating in activities pursuant to Title 9-b
of the social services law and shall be eligible for supportive services
pursuant to section 332-a of the social services law.
j. An individual engaged in, or accepted to engage in, activities
pursuant to an individualized plan of employment (IPE) as designed by
the New York state department of education, office of vocational and
educational services for individuals with disabilities (VESID), shall be
considered work limited pursuant to section 332-b(3) of the social
services law upon submission to the agency of the IPE and supporting
medical documentation. In such cases, the IPE shall be considered to be
a part of the individual's treatment plan pursuant to section
335-b(5)(e) of the social services law.
Section 21-704
§ 21-704 Notice of rights and responsibilities. a. The agency shall
inform applicants, recipients and participants of all rights,
entitlements and agency obligations required under this chapter.
b. Any notice directing an applicant, recipient or participant to
report for an assessment, the development of an employability plan, or a
work-related assignment, shall contain a description of the rights to
pursue education and training activities as set forth in this chapter,
and shall contain the following statement:
"Your Education and Training Rights
When you come for your appointment, we will tell you about your rights
to participate in education and training programs. The hours you spend
in education and training programs may count toward your work
requirement.
A Master List of Programs
You have a right to receive the complete "HRA Consolidated Master List
of Approved Training Programs." This is a list of education and training
programs you can choose to go to. Hours spent in any program on that
list will count toward your work requirement.
Other Choices for Training and Education
You can also go to education or training programs that are not on the
Consolidated Master List. However, those programs must meet appropriate
City or State standards.
Time To Find the Right Program for You
If you need to participate in an education or training program in
order to improve your chances of getting a job, we must give you 15
business days before your assessment, upon your request, to find an
appropriate education or training program.
If You Are Already In an Education or Training Program
If you are already in school we must allow you to remain in your
program as long as your program appears on the "HRA Consolidated Master
List of Approved Training Programs" or meets the City or State standards
mentioned above.
Reassessment
If you are dissatisfied with the work activity to which you have been
assigned for six months or more and you believe that you are eligible to
attend education or training, you should request a reassessment of your
employability. If you are found to be eligible to attend a training or
education program, you can switch into an education or training program.
Again, your choice must appear on the "HRA Consolidated Master List of
Approved Training Programs" or meet appropriate City or State standards.
If you are already in a work activity, you do not have a 15 business day
period to find an education or training program. In this case, you must
continue in your work activity while you look for an education or
training program.
Your Right to a Fair Hearing
The agency must give you a copy of your employability plan. You have a
right to a fair hearing to challenge your assignment."
Section 21-705
§ 21-705 Submission of plan to state department of labor. To the
extent that provisions of this chapter are subject to the approval of
the state department of labor, the agency shall include such provisions
in the city's biennial plan to the state department of labor in
accordance with section 333 of the social services law. In the event the
local law that added this chapter becomes effective during the operation
of a biennial plan, then the agency shall submit a modified plan to the
state department of labor pursuant to title 12, section 1300.00 of the
New York codes, rules and regulations within thirty days of enactment of
the local law that added this chapter.
Section 21-706
§ 21-706 Severability. If any provision of this chapter, or the local
law that added this chapter, or of any amendments thereto, shall be held
invalid or ineffective in whole or in part or inapplicable to any person
or situation, such holding shall not affect, impair or invalidate the
remainder of this chapter or the local law that added this chapter, and
all other provisions thereof shall nevertheless be separately and fully
effective and the application of any such provision to other persons or
situations shall not be affected.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.