Relates to certain educational requirements for public assistance

BILL NUMBER:S3438

Title of bill

An act to amend the social services law, in relation to requiring participation in educational programs leading to a high school diploma or high school equivalency diploma for those seeking public assistance

Purpose or general idea of bill

The purpose of this legislation is to increase the likelihood that individuals will obtain a high school diploma or high school equivalency diploma by requiring those who do not have such a diploma to participate in good faith in an educational program leading to such a diploma as a condition for receiving welfare benefits.

Summary of specific provisions

Section 1: Adds a new subdivision 21 to section 131 of the social services law to prohibit the payment of public assistance benefits to any person under the age of 35 who does not have a high school diploma or a high school equivalency diploma unless such person is duly enrolled and participating in good faith toward the attainment of such a diploma. The local social services district is given broad discretionary authority to waive this requirement where such a course of study is not practical or cost-effective based on the person's mental capacity, employment background, job training, career development credentials, health, disability, lack of educational programs, or other factors.

Justification

The empirical data regarding the importance of a high school degree is overwhelming. The vast majority of jobs require a high school diploma or its equivalent, including participation in the U.S. military. According to data from the U.S. Census, the average drop-out will earn one-third less than a high school graduate, will suffer from unemployment rates that are nearly 50% higher, and will be nearly three times more likely to live in poverty. High school drop-outs account for nearly 50% of the heads of households on welfare, and commit about 75% of all crimes.

For those who are struggling to complete their high school education, the current social services law offers an extraordinarily destructive option of enabling a young person to drop-out of high school and collect welfare benefits. This legislation would eliminate that option by making it clear that participating in good faith toward obtaining a high school diploma is a condition for any welfare benefits.

Recognizing that attaining a high school diploma or a high school equivalency diploma is not always cost-effective or feasible, the bill provides local social services districts with broad discretionary authority to exempt individuals from this requirement based on their mental health, disability, work experience, job training, the lack of sufficient programs, or other reasonable factors.

Prior legislative history

2014: S.6908 Referred to Social Services

Fiscal implications

The implementation of this bill would require additional resources for adult education, but those costs would be

offset by reduced welfare dependency, increased fiscal independence, reduced crime, and related savings.

Effective date

This bill would become effective 120 day after enactment.