Section 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.