Allows for baccalaureate and advanced degree programs and certain educational and training activity to count towards the work participation rate

Sections 2 and 3 of the bill would amend SSL § 336(1)(h) and (1)(i) to include up to four years of postsecondary education in the definition of "vocational educational training."

Section 4 of the bill would amend SSL § 336-a(1) to allow for up to four years of post-secondary education to count as participation for purposes of an individual's public assistance employment requirement and provide that all assignments to vocational educational training and educational activities will be permitted only to the extent that such an assignment is consistent with an individual's assessment and employment plan.

Section 5 of the bill would amend SSL § 131-n(1)(c), which provides that up to $1,400 maybe kept in a separate bank account and deemed exempt and disregarded in calculating the amount of public assistance benefits where the funds are to be used for payment of tuition at a two-year accredited post-secondary institution, to add an accredited four-year institution.

Section 6 of the bill would provide for an immediate effective date, provided that the amendments to paragraph (c) of subdivision 1 of section 131-n of the social services law made by section five of this act shall not affect the expiration of such section and shall be deemed to expire therewith.

Existing law

SSL §§ 336 and 336-a currently provide that a public assistance recipient may be assigned no more than two years of post-secondary education as part of public assistance employment activities.

SSL § 131-n(1)(c) currently provides that up to $1,400 may be kept in a separate bank account and deemed exempt and disregarded in calculating the amount of public assistance benefits where the funds are to be used for payment of tuition at a two year accredited post-secondary institution.

Prior legislative history

This is a new bill.

Statement in support

This bill would permit social service districts to exercise the flexibility permitted by recent changes to the federal regulations in the Temporary Assistance for Needy Families program (TANF). The Personal Responsibility and Work Opportunities Reconciliation Act (PRWORA) of 1996 required states to meet certain work participation rates for recipients of assistance funded by the TANF program or face severe fiscal penalties. The federal law and implementing regulations specified which kinds of work activities counted towards meeting the work participation rate. Participation in a four year college program was not a countable activity. State law, SSL §330 et seq., mirrored the federal requirements in imposing work obligations on public assistance recipients and not permitting participation in a four-year college program to count towards that requirement.

Changes in federal regulations in response to the federal Deficit Reduction Act of 2005 (Pub.L. 109-171) now permit states to count four-year college attendance by recipients toward the work participation requirements in certain circumstances. The changes proposed by this bill would permit New York to take advantage of this federal change which would, benefit both recipients and social services districts. While a four-year college degree may not be a viable option for many public assistance recipients, for whom there exists an array of services and programs, a four year diploma is a realistic goal for some recipients. For those recipients, a college diploma is a proven way out of poverty and an important tool in staying off assistance. This is particularly true for recipients who were already attending college when the current spell of neediness occurred. This would alleviate concerns that a recipient would have to drop out of college in order to perform his or her public assistance work requirements to maintain necessary assistance.

The bill will also benefit social services districts. It will give them one more option in fashioning a program for public assistance recipients. It will also help them meet work participation requirements. The bill does not require districts to approve every recipient for attendance in a four-year college. Instead, it permits a district to consider such activity for its local employment plan and to make individual assignments consistent with its evaluation and assessment of employability.

Consistent with the general purpose of permitting four-year colleges as a permissible work activity, the bill would amend section SSL § 131-n, which specifies income and resources an applicant or recipient of public assistance may have and still be eligible for assistance. Currently, an applicant or recipient can maintain up to $1,400 in a bank account for the purpose of paying for a two-year secondary education. Without changing the amount, this bill would permit a person to maintain an account for a four year secondary education. The bill also provides that any assignment to any vocational educational training or educational activity will be permitted only to the extent that it is consistent with the individual's assessment and employment plan goals. This provision reflects the goals of the assessments and employability plans as set forth in SSL § 335 and § 335-a and the State's policy of meeting the educational needs of public assistance recipients in order to enhance their employment opportunities.

Budget implications

It is anticipated that this bill would have a minimal fiscal impact.

Effective date

This bill would become effective immediately; provided, however, that the amendments to paragraph (c) of subdivision 1 of section 131-n of the social services law made by section five of this act shall not affect the expiration of such section and shall be deemed to expire therewith.