Section 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.