PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 385.6(a) and (b), 385.7(a) and (b), and 385.9(c) of Title 18 NYCRR.
Statutory authority:
42 United States Code sections 601(a) and 607; and Social Services Law, article 5, title 9-B
Subject:
Educational Activities.
Purpose:
To increase the skills of individuals receiving public assistance through the provision of additional opportunities to participate in education and other skill development activities.
Text of proposed rule:
Subparagraph (ii) of paragraph (1) of subdivision (a) of section 385.6 is amended to read as follows:
(ii) [is] 16 or 17 years of age and not attending secondary school and has not completed high school or an equivalency program.
Subparagraphs (v) and (vi) of paragraph (2) of subdivision (a) of section 385.6 are renumbered subparagraphs (vi) and (vii).
A new subparagraph (v) is added to paragraph (2) of subdivision (a) of section 385.6 to read as follows:
(v) prior participation in education and training;
Paragraph (4) of subdivision (a) of section 385.6 is amended to read as follows:
(4) The social services official shall encourage and may require a nonexempt recipient who has not attained a basic literacy level and who is not subject to the educational requirements of section 385.9 of this Part to enroll in a basic literacy program, high school equivalency program or other educational program in combination with other work activities. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section.
Subparagraphs (i) and (ii) are added to paragraph (4) of subdivision (a) of section 385.6 to read as follows:
(i) Basic literacy level for purposes of paragraph (4) of this subdivision is defined as a literacy level equivalent to the ninth grade.
(ii) Such basic literacy level for nonexempt recipients of public assistance who have not obtained a high school diploma or the equivalent shall be established based on a test for basic literacy level as determined appropriate by the State Education Department.
Paragraphs (5) and (6) of subdivision (a) of section 385.6 are renumbered paragraphs (6) and (7).
A new paragraph (5) is added to subdivision (a) of section 385.6 to read as follows:
(5) The social services official shall offer the option and may require a nonexempt recipient who has achieved a basic literacy level as defined in subparagraph (i) of paragraph (4) of this subdivision, but has not attained a high school diploma or the equivalent and who is not subject to the educational requirements of section 385.9 of this Part to enroll in an educational program designed to improve the individual's literacy level and/or prepare the individual for attainment of a high school diploma or the equivalent in combination with other work activities as appropriate. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section.
Clauses (c) and (d) of subparagraph (ii) of paragraph (1) of subdivision (b) of section 385.6 are amended to read as follows:
(c) the local employment opportunities; [and]
(d) if the recipient is assigned to an education program, the appropriateness of the educational activity based on the assessment completed pursuant to subdivision (a) of this section and the recipient's liability for student loans, grants and scholarship awards[.] ; and
A new clause (e) is added to subparagraph (ii) of paragraph (1) of subdivision (b) of section 385.6 to read as follows:
(e) the recipient's participation in prior education and training activities.
Subparagraphs (v) and (vi) of paragraph (3) of subdivision (a) of section 385.7 are renumbered as subparagraphs (vi) and (vii).
A new subparagraph (v) is added to paragraph (3) of subdivision (a) of section 385.7 to read as follows:
(v) prior participation in education and training;
Paragraph (4) of subdivision (a) of section 385.7 is amended to read as follows:
(4) The social services official shall encourage and may require a nonexempt recipient who has not attained a basic literacy level and who is not subject to the educational requirements of section 385.9 of this Part to enroll in a basic literacy program, high school equivalency program or other educational program in combination with other work activities. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section.
Subparagraphs (i) and (ii) are added to paragraph (4) of subdivision (a) of section 385.7 to read as follows:
(i) Basic literacy level for purposes of paragraph (4) of this subdivision is defined as a literacy level equivalent to the ninth grade.
(ii) Such basic literacy level for nonexempt recipients of public assistance who have not obtained a high school diploma or the equivalent shall be established based on a test for basic literacy level as determined appropriate by the State Education Department.
Paragraphs (5) and (6) of subdivision (a) of section 385.7 are renumbered paragraphs (6) and (7).
A new paragraph (5) is added to subdivision (a) of section 385.7 to read as follows:
(5) The social services official shall offer the option and may require a nonexempt recipient who has achieved a basic literacy level as defined in subparagraph (i) of paragraph (4) of this subdivision, but has not attained a high school diploma or the equivalent and who is not subject to the educational requirements of section 385.9 of this Part to enroll in an educational program designed to improve the individual's literacy level and/or prepare the individual for attainment of a high school diploma or its equivalent in combination with other work activities as appropriate. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section.
Subparagraphs (iii) and (iv) of paragraph (2) of subdivision (b) of section 385.7 are amended to read as follows:
(iii) local employment opportunities; [and]
(iv) if the recipient is assigned to an education program, the appropriateness of the educational activity based on the assessment completed pursuant to subdivision (a) of this section and the recipient's liability for student loans, grants and scholarship awards [if the recipient is assigned to an education program.]; and,
A new subparagraph (v) is added to paragraph (2) of subdivision (b) of section 385.7 to read as follows:
(v) the recipient's participation in prior education and training activities.
Paragraphs (6) and (7) of subdivision (c) of section 385.9 are renumbered as paragraphs (7) and (8).
A new paragraph (6) is added to subdivision (c) of section 385.9 to read as follows:
(6) For individuals assigned by the district to participate in educational activities pursuant to this section and consistent with the individual's assessment and employability plan, the district may report supervised homework time and up to one hour of unsupervised homework time for each hour of class time, provided that the total homework time reported for participation does not exceed the hours required or advised by the respective educational program.
Text of proposed rule and any required statements and analyses may be obtained from:
Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243-0001, (518) 474-9779, email: Jeanine.Behuniak@OTDA.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority:
The New York State Office of Temporary and Disability Assistance (Office) supervises public assistance employment programs authorized by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, in accordance with Section 103 of the PRWORA (42 U.S.C. § 607) and Title 9-B of Article 5 of the New York State Social Services Law (SSL). Title 9-B establishes that the Office shall supervise the administration of employment programs created under title 9-B of Article 5 of the SSL, including those authorized by federal statute. Section 337 of the SSL vests responsibility for the administration of the work, employment and training programs in the Office. PRWORA established that a primary purpose of the Temporary Assistance for Needy Families (TANF) program is to provide employment services to reduce dependency on government benefits (42 U.S.C. § 601[a]).
Section 103 of PRWORA (42 U.S.C. § 607) requires the State to meet federal work participation rates and section 335-b of the SSL requires each social services district (district) to meet federal and State work participation rates by placing recipients of public assistance in employment activities. Section 103 of PRWORA (42 U.S.C. § 607) and SSL § 335 and § 335-a require that an assessment be completed for adults and certain minors not in school to identify elements that affect an individual's employability including education level, skills, prior work experience, training, vocational interest and support services needs. Assessment requirements governing members of households with dependent children are included in section 335 of the SSL and requirements governing members of households without dependent children are included in section 335-a of the SSL. Sections 335 and 335-a also establish that the district will develop an employability plan for each individual assessed that establishes the services to be provided by the social services official, including the activities in which the participant will take part, and that establishes an employment goal for the individual. Sections 335 and 335-a further establish that when the individual assessment indicates that a participant has not attained a basic literacy level, the social services official shall encourage and may require the individual to participate in educational programs.
In 2006, Congress passed the Deficit Reduction Act of 2005 which, among other things, gave the United States Department of Health and Human Services (HHS) the ability to define work activities countable towards meeting the federal work participation rates. The final TANF rule (45 CFR § 261.60) permits States to count supervised homework time and up to one hour of unsupervised homework time for each hour of class time that the individual is participating in a countable educational activity towards the federal participation rate provided that the total homework time counted for participation does not exceed the hours required or expected by the respective educational program.
Social Services Law (§ 335 and § 335-a) establishes that social services districts shall encourage and may require an adult recipient of public assistance who has not attained a basic literacy level to participate in an educational program to achieve basic literacy or a high school diploma or the equivalent. Social Services Law does not define basic literacy and current regulations do not establish a standard that all social services districts must apply when determining whether or not educational activities must be considered when determining an individual's employment assignment. The proposed rule would require all districts to use the Office established basic literacy level standard when determining which nonexempt public assistance recipients must be encouraged to participate in educational activities to improve basic literacy as part of the individual's work requirement. The proposed rule would also establish standards to require social services districts to offer nonexempt public assistance recipients who have attained basic literacy but not obtained a high school diploma or the equivalent the option to participate in educational activities designed to prepare the individual for the attainment of a high school diploma or the equivalent. Additionally, the proposed rule would add a provision to 18 NYCRR § 385.9 to give districts the option to count homework time, consistent with the extent that such time is permitted under federal rules, towards the respective participation rate. This provision will provide each social services district the flexibility recently afforded states through federal regulation.
Individuals who do not have a high school diploma are, on average, expected to have lower earnings, higher rates of unemployment and reduced job training opportunities as compared to those with a high school diploma. Therefore, when developing an individual's employment plan in accordance with SSL § 335 and § 335-a for an individual without a high school diploma or the equivalent, districts shall offer and may require enrollment in educational activities designed to prepare the individual to attain a high school diploma or the equivalent. These services, provided with other work activity participation as deemed appropriate by the district, are important in enhancing employment opportunities for public assistance recipients so they may end dependence on government benefits and achieve economic independence consistent with the purposes of SSL Title 9-B.
The proposed rule retains the district's authority governing individual enrollments in work activities, including the authority to:
• assign individuals to a work activity or a combination of work activities which the district has determined as appropriate to enhance the individual's work skills and that are consistent with the individual's assessment and employability plan (§ 335 and § 335-a of the SSL);
• re-assess participation in work activities to determine if work assignments remain appropriate and discuss any changes with the recipient (§ 335 and § 335-a of the SSL);
• assign individuals to work activities in a manner consistent with the district's need to meet federal and State work participation requirements (§ 335, § 335-a and § 335-b of the SSL);
• consider the availability of program resources and local employment opportunities when developing an individual's employability plan (§ 335 and § 335-a);
• approve enrollments by public assistance applicants/recipients in those programs offered by providers that meet minimum standards necessary for local approval in accordance with the district's biennial employment plan (§ 331 and § 333 of the SSL);
• require individuals applying for or receiving public assistance to accept suitable employment (§ 332 and § 336-d of the SSL); and,
• issue a notice of denial, conciliation and/or notice of intent to discontinue or reduce the amount of public assistance provided in those instances when an individual willfully and without good cause fails to comply with a work activity as assigned (§ 341 and § 342 of the SSL).
2. Legislative objectives:
The proposed rule will further the legislative objective of the Welfare Reform Act of 1997 with regard to the stated purpose of SSL Title 9-B of providing work activities and employment opportunities necessary for applicants for and recipients of public assistance to secure and retain unsubsidized employment as well as improve the likelihood of achieving earnings gains over time that provide economic independence.
3. Needs and benefits:
The Office seeks to increase the skills of individuals receiving public assistance through the provision of additional opportunities to participate in education and other skill development activities. Educational attainment is a key predictor of employment earnings. On average, individuals with a high school diploma have higher earnings, are less likely to be unemployed and have enhanced opportunities for additional job training as compared to individuals without a high school diploma. Given that the majority of adult recipients of public assistance do not have a high school diploma, effort is needed to ensure these adults have the opportunity to obtain educational gains. Some adults receiving public assistance would benefit from the opportunity to participate in educational services designed to enhance their literacy level or to attain a high school diploma or the equivalent as improved educational outcomes will enable recipients to not only enter employment, but improve the ability to retain jobs and experience earnings gains over time. Currently, about 24% of adults receiving public assistance are working but not earning sufficient wages to eliminate the need for cash assistance.
Individuals who have not attained basic literacy would benefit from achieving increased literacy levels. Benefits associated with increased literacy levels include the ability to understand more complicated written instructions in daily life activities and at work, improved ability to learn on-the-job, attainment of the minimum standards required for entry into certain job skills training programs, preparation for attainment of a high school diploma and an improved ability to support the educational efforts of children. Improved basic literacy will also support employers' workforce needs. One example of how improved literacy levels benefit employers and job seekers is seen in the fact that a large manufacturing firm in New York has experienced an inability to fill certain job openings due to the fact that few job applicants were able to demonstrate reading and math skills of at least the 9th grade level, as needed by the employer. Improved basic literacy levels for these applicants would increase employment opportunities.
Individuals that do not have a high school diploma but who have attained basic literacy are best prepared to attain a high school equivalency diploma. Obtaining a high school diploma increases the likelihood of consistent employment, significantly increases earnings potential and the likelihood of escaping poverty, and provides individuals with the credentials necessary for a range of higher learning opportunities including college.
The proposed rule would establish a standard for requiring districts to permit certain public assistance recipients without a high school diploma or the equivalent to participate in adult basic education and in services that prepare individuals for the General Educational Development examination to earn a high school equivalency diploma. Additionally, the proposed rule would require district to encourage nonexempt public assistance recipients who have not attained a literacy level equivalent to at least the ninth grade level to participate in educational instruction to improve their literacy level. Assigned work activities, including adult basic education, literacy training and educational activities designed to prepare the individual for the attainment of a high school diploma or the equivalent, must still be based on the individual's employment assessment and identified in the employability plan. The employability plan is developed based on several factors, including consideration of the availability of program resources in the district. Districts are expected to consult with local education providers to identify available programs and to collaborate with State and local agencies and program providers in an attempt to secure appropriate educational opportunities for nonexempt public assistance recipients. Districts are encouraged to combine such educational services with at least 20 hours weekly of work-based activities, such as employment, work experience, and internships both for purposes of meeting work participation requirements and to improve employment outcomes. To the extent that vocational training combined with literacy instruction is available, districts are encouraged to consider such placements when developing employment plans for individuals in receipt of public assistance.
The Office estimates that up to 5,000 additional individuals receiving public assistance statewide may participate in educational programs designed to improve the individual's basic skills proficiency as part of the individual's work requirement following this regulation change and once offered the opportunity to participate in educational programs.
4. Costs:
The proposed rule is not expected to result in significant new costs. The individuals receiving public assistance who would benefit from additional opportunities to participate in education activities are likely participating in another work activity assignment and the rule is expected to primarily result in a new mix of work activity assignments rather than a large number of new enrollments. Furthermore, the proposed rule is consistent with the enrollment policies of several districts.
Individuals receiving public assistance may generally be referred to participate in educational activities at little or no cost to the social services district. Furthermore, districts are already required to encourage certain individuals to participate in education programs and therefore should have referral arrangements in place to serve clients. Many districts already routinely test an individual's literacy level. Districts may choose to test literacy levels for those without a high school diploma after the individual has expressed an interest in participating in an education program, thereby reducing the number of individuals for whom a test of literacy levels must be performed. Typically the education provider would perform a test of literacy upon referral.
In most areas of the State, the new enrollments are expected to be accommodated by existing adult education programs. In some instances, districts may choose to shift resources over time to support additional enrollments in education. Additionally, the Office directly funds a number of providers throughout the State that offer adult basic education and General Education Development examination preparation instruction. The Office will through its contracting procedures and through ongoing technical assistance make services to public assistance recipients a priority target population to accommodate increased referrals from social services districts.
The Office acknowledges that there may be additional costs related to transportation or other supportive services necessary to support an individual's participation in educational activities, but does not anticipate that these costs will be significant.
Some costs savings may accrue from the provision that provides districts the option of counting some unsupervised homework time toward an individual's required hours of work activity participation. Limited hours of homework time that are approved by the district as part of an individual's work requirement likely will not require any district expenditure as such hours of participation should not require expenditures associated with transportation or child care. Absent this flexibility, district would continue to be required to ensure that all hours of participation, including study time, are supervised.
5. Local government mandates:
These regulations would require all districts to follow the Office established standard for basic literacy level when determining which nonexempt public assistance recipients must be offered the opportunity to participate in educational activities designed to improve the individual's basic skills proficiency as part of the individual's work requirement.
6. Paperwork:
The proposed amendments may require districts to include a discussion about enrollment in education services as part of the employment assessment process to a greater extent than currently addressed through local procedures. Following adoption of this regulation, the Office will amend the Client Rights and Responsibilities Booklets (LDSS-4148A and LDSS-4148B) to notify individuals of the option for those without a high school diploma to participate in educational activities. The Office may also produce other informational material to inform clients of the opportunity to participate in education programs.
7. Duplication:
The proposed rule does not duplicate any State regulatory provisions and is consistent with federal requirements.
8. Alternatives:
The alternative considered was to continue current regulatory authority and procedures. However, the proposed regulatory changes are needed to improve the extent to which public assistance recipients are offered the opportunity to participate in educational activities designed to improve the individual's basic skills proficiency or educational programs which prepare the individual for a high school diploma or the equivalent. These educational services are necessary to help individuals develop the skills needed to obtain employment.
9. Federal standards:
Federal regulations require that all adult individuals age eighteen and older (including 16 and 17 year old individuals who have not attained a high school diploma or the equivalent and are not attending secondary school) be assessed within 90 days of eligibility. Federal regulations also require the State, and therefore social services districts, to engage a minimum percentage of its total caseload receiving assistance supported by federal or State or local funds used towards the maintenance of effort requirement in certain work activities. State statute also requires each social services district to engage a minimum percentage of individuals in households receiving non-federally funded assistance, which includes all households without dependent children.
10. Compliance schedule:
The effective date of the proposed rule will be no earlier than May 1, 2009. This is expected to permit social services districts sufficient time to implement the changes necessary to comply.
Regulatory Flexibility Analysis
1. Effect of rule:
The proposed action does not directly affect small businesses. To the extent the proposed rule improves the skill level of adults entering the workforce, small businesses would benefit from a more highly skilled workforce. The proposed amendments may require social services districts (districts) to include a discussion about enrollments in education services as part of the employment assessment process to a greater extent than currently addressed through local procedures. Social Services Law (§ 335 and § 335-a) establishes that social services districts shall encourage and may require an adult recipient of public assistance who has not attained a basic literacy level to participate in an educational program to achieve basic literacy or a high school diploma or the equivalent. Social Services Law does not define basic literacy and current regulations do not establish a standard that all social services districts must apply when determining whether or not educational activities must be considered when determining an individual's employment assignment. The proposed rule would require all districts to follow the Office established basic literacy level standard when determining which nonexempt public assistance recipients must be encouraged to participate in educational activities to improve basic literacy as part of the individual's work requirement. The proposed rule would also establish standards to require social services districts to offer nonexempt public assistance recipients who have attained basic literacy but not obtained a high school diploma or the equivalent the option to participate in educational activities designed to prepare the individual for the attainment of a high school diploma or the equivalent. The proposed amendments would retain the district's authority governing the individual's enrollment in work activities in accordance with Title 9-B of the Social Services Law. Additionally, the proposed rule would provide districts additional flexibility by providing the option for districts to count homework time, as recently afforded states through federal regulations.
2. Compliance requirements:
The proposed rule has no direct effect on small businesses. Districts are currently required to encourage certain public assistance recipients to participate in educational activities. However, the proposed rule may require districts to provide information during the assessment process to nonexempt public assistance recipients who do not have a high school diploma or the equivalent about the availability of educational activities designed to help the individual improve his/her basic literacy level or help prepare the individual for the General Educational Development examination to earn a high school equivalency diploma. Districts would also be required to follow the Office established basic literacy standard for nonexempt public assistance recipients without a high school diploma or the equivalent. Additionally, districts would be required to offer nonexempt public assistance recipients who have attained basic literacy but not obtained a high school diploma or the equivalent the option to participate in educational activities designed to prepare the individual for the attainment of a high school diploma or the equivalent.
3. Professional services:
The proposed rule has no direct effect on small businesses. Districts should require no additional professional services to comply with the proposed rule.
4. Compliance costs:
The proposed rule has no direct effect on small businesses. Districts may experience some additional costs depending on the basic literacy level previously used by the district to determine when individuals should be provided the option to participate in an education program. There may be some additional costs related to transportation or other supportive services which are necessary to support the individual's participation in education activities. However, based on the number of individuals estimated to participate in educational activities as result of the proposed rule, the Office does not anticipate that these costs will be significant.
Some costs savings may accrue from the provision that provides districts the option of counting some unsupervised homework time toward an individual's required hours of work activity participation. Limited hours of homework time that are approved by the district as part of an individual's work requirement likely will not require any district expenditure as such hours of participation should not require expenditures associated with transportation or child care. Absent this flexibility, district would continue to be required to ensure that all hours of participation, including study time, are supervised.
5. Economic and technological feasibility of compliance:
The proposed rule has no direct effect on small businesses. Compliance with the proposed rule will be technologically feasible for social services districts.
6. Minimizing adverse impact:
The proposed rule has no direct effect on small businesses. Districts should not experience any significant economic impact as a result of compliance with the proposed rule. Many districts already routinely test an individual's literacy level. Districts may choose to test literacy levels for those without a high school diploma after the individual has expressed an interest in participating in an education program, thereby reducing the number of individuals for whom a test of literacy levels must be performed. Typically the education provider would perform a test of literacy upon referral.
Districts are already required to encourage and may require certain public assistance recipients to participate in educational programs and therefore should have referral arrangements in place to serve nonexempt public assistance recipients. Furthermore, individuals receiving public assistance may generally be referred to participate in educational activities at little or no cost to the social services district.
In most areas of the State, the new enrollments are expected to be accommodated by existing adult education programs. In some instances, districts may choose to shift resources over time to support additional enrollments in education. Additionally, the Office directly funds a number of providers throughout the State that offer adult basic education and General Education Development examination preparation instruction. The Office will through its contracting procedures and through ongoing technical assistance make services to public assistance recipients a priority target population to accommodate increased referrals from districts.
7. Small business and local government participation:
The proposed rule has no direct effect on small businesses. The Office has discussed the proposed amendments with a workgroup consisting of representatives from the Office, the New York Public Welfare Association and a group of social services districts.
Rural Area Flexibility Analysis
1. Types and estimated number of rural areas:
The proposed regulations will affect the 44 rural social services districts in the State.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
The proposed rule may require social services districts (districts) to include a discussion about enrollment in education services as part of the employment assessment process to a greater extent than currently addressed through local procedures.
Social Services Law (§ 335 and § 335-a) establishes that social services districts shall encourage and may require an adult recipient of public assistance who has not attained a basic literacy level to participate in an educational program to achieve basic literacy or a high school diploma or the equivalent. Social Services Law does not define basic literacy and current regulations do not establish a standard that all social services districts must apply when determining whether or not educational activities must be considered when determining an individual's employment assignment. The proposed rule would require all districts to follow the Office established standard for basic literacy level when determining which nonexempt public assistance recipients should be offered the opportunity to participate in basic education activities or educational activities designed to prepare the individual for the attainment of a high school diploma or the equivalent as part of the individual's work requirement. Districts will need to keep records to identify the basic literacy level for nonexempt public assistance recipients who have not attained a high school diploma or the equivalent.
Additionally, the proposed rule would add a provision to 18 NYCRR § 385.9 to give districts the option to count homework time, consistent with the extent that such time is permitted under federal rules, towards the respective participation rate. This provision will provide each social services district the flexibility recently afforded states through federal regulation.
There are no additional needs for professional services due to these regulations.
3. Costs:
The proposed rule is not expected to result in significant new costs. The individuals receiving public assistance who would benefit from additional opportunities to participate in education activities are likely participating in another work activity assignment, and the rule is expected to primarily result in a new mix of work activity assignments rather than a large number of new enrollments. Furthermore, the proposed rule is consistent with the enrollment policies of several districts.
Depending on the basic literacy level currently used by the district, districts may incur some additional costs as a result of the proposed regulatory change. Based on the number of individuals in rural areas estimated to participate in basic education or GED preparation, the Office does not anticipate that costs, including costs related to transportation or other supportive services, will be significant.
Some costs savings may accrue from the provision that provides districts the option of counting some unsupervised homework time toward an individual's required hours of work activity participation. Limited hours of homework time that are approved by the district as part of an individual's work requirement likely will not require any district expenditure as such hours of participation should not require expenditures associated with transportation or child care. Absent this flexibility, district would continue to be required to ensure that all hours of participation, including study time, are supervised.
4. Minimizing adverse impact:
The proposed amendments are expected to have minimal economic impact on social services districts that serve rural areas.
Districts may choose to test literacy levels for those without a high school diploma after the individual has expressed an interest in participating in an education program, thereby reducing the number of individuals for whom a test of literacy levels must be performed. Typically the education provider would perform a test of literacy upon referral.
Districts are already required to encourage and may require certain public assistance recipients to participate in educational programs and therefore should have referral arrangements in place to serve clients. Furthermore, individuals receiving public assistance may generally be referred to participate in educational activities at little or no cost to the district.
In most areas of the State, the new enrollments are expected to be accommodated by existing adult education programs. In some instances, districts may choose to shift resources over time to support additional enrollments in education. Additionally, the Office directly funds a number of providers throughout the State that offer adult basic education and General Education Development examination preparation instruction. The Office will through its contracting procedures and through ongoing technical assistance make services to public assistance recipients a priority target population to accommodate increased referrals from districts.
5. Rural area participation:
The Office has discussed the proposed amendments with a workgroup consisting of representatives from the Office, the New York Public Welfare Association and a group of social services districts.
Job Impact Statement
1. Nature of impact:
These proposed regulations should not have any adverse effect on jobs and employment opportunities in New York. The proposed rule is expected to improve employment options and outcomes for individuals who improve their skill level through educational advancement, and improve the quality of New York's workforce. The regulations provide flexibility to social services districts (districts) to assign individuals applying for or receiving public assistance to work activities, consistent with the individual's assessment and employability plan, which are intended to help the individual develop the skills necessary to obtain employment.
The Office anticipates that districts will use existing staff or resources to conduct assessments. The proposed rule may require districts to include a discussion about enrollment in education services as part of the employment assessment process to a greater extent than currently addressed through local procedures and will likely require additional coordination and monitoring by districts of participation in concurrent work activities.
Districts will need to keep records to identify the basic literacy level for nonexempt public assistance recipients who have not attained a high school diploma or the equivalent.
Additionally, the proposed rule would give districts the option to count homework time, consistent with the extent that such time is permitted under federal rules, towards the respective participation rate. This provision will provide each social services district the flexibility recently afforded states through federal regulation.
2. Categories and numbers affected:
These regulations should have no adverse effect on jobs or employment opportunities in New York State. Districts will likely use existing staff or resources to implement these changes. Furthermore, it is anticipated that in most areas of the State, the new enrollments are expected to be accommodated by existing adult education programs. In some instances, districts may choose to shift resources over time to support additional enrollments in education.
3. Regions of adverse impact:
The Office does not anticipate any adverse effect on jobs or employment opportunities as a result of these regulations in any region of the State.
4. Minimizing adverse impact:
The Office does not anticipate any adverse effect on employment opportunities as a result of these regulations.
