Section 336-A. Educational activities

1. Social services districts shall
  make  available  vocational   educational   training   and   educational
  activities.    Such  activities  may include but need not be limited to,
  high school education or education designed to prepare a participant for
  a high school equivalency certificate,  basic  and  remedial  education,
  education  in  English proficiency and no more than a total of two years
  of post-secondary education (or the part-time  equivalent  if  full-time
  study  would  constitute  an  undue  hardship)  in  any of the following
  providers which meet the performance or assessment standards established
  in regulations by the commissioner for  such  providers:    a  community
  college,  licensed  trade  school,  registered  business  school,  or  a
  two-year college; provided, however, that such post-secondary  education
  must  be  necessary  to  the  attainment of the participant's individual
  employment goal as set forth in the employability  plan  and  such  goal
  must  relate  directly  to  obtaining  useful employment in a recognized
  occupation.
    2. When a district contracts with a proprietary vocational  school  to
  provide  vocational  educational training to participants, not more than
  twenty-five percent of the approved duration of  the  program  shall  be
  devoted  to  preparation  for  a  high  school  equivalency  diploma  or
  instruction in English for students with limited proficiency in English.
  Participants needing instruction in basic literacy shall be referred  to
  basic  education programs.   Instructors employed by proprietary schools
  to prepare a participant for a high school  equivalency  certificate  or
  for  education in English proficiency shall meet experience requirements
  established by the regulations of the commissioner of education.
    3. When  a  participant  is  assigned  to  an  appropriate  vocational
  educational or educational activity and such activity is available at no
  cost  to  the  social  services  district through the school district or
  board of cooperative  educational  services  in  which  the  participant
  resides  or through another agency or organization providing educational
  services, the social services district shall refer  the  participant  to
  such district, board, agency or organization.
    4.  To  the  extent  provided  in  paragraphs  (a) through (d) of this
  subdivision and if resources permit, each social services official shall
  assign to appropriate educational activities any participant who has not
  obtained a high school diploma or its equivalent:
    (a) In accordance with  the  provisions  of  this  chapter,  any  such
  participant  who  is  under  age  eighteen  shall  be required to attend
  educational activities designed to prepare the  individual  for  a  high
  school  degree  or  equivalency  certificate.   Participants who are not
  subject to compulsory school attendance  requirements  may  be  exempted
  from  the  requirements  of this paragraph under criteria established by
  the department in consultation with the state education  department  and
  consistent with federal law and regulations.
    (b)  Any  such  participant  who  is age eighteen or nineteen shall be
  assigned to educational  activities,  except  that  the  district  shall
  assign such participant to employment and/or other activities under this
  title  if  the  district has determined that such alternative activities
  are consistent with the participant's employability plan  and,  pursuant
  to  department  regulations,  there  has  been  a  determination  by the
  district  based  on  such  plan  that  educational  activities  are  not
  appropriate  for  such participant or that the participant has failed to
  make good progress in such educational activities.
    (c) Any such participant who is an adult in a two-parent family and is
  under age twenty-five may be  required  to  participate  in  educational
  activities  consistent with his or her employment goals set forth in the
  employability plan.

    (d)   The social services official  shall  not  assign  a  participant
  described in this subdivision to any activities which interfere with the
  educational   activities   assigned   pursuant   to  such  participant's
  employability plan and described in this subdivision.
    5.  Any  applicant  for  or  recipient  of  public assistance pursuing
  activities described in this subdivision shall not be  assigned  to  any
  other  activity  prior  to  conducting  an  assessment and developing an
  employability plan as prescribed in section three hundred thirty-five or
  three hundred thirty-five-a  of  this  title.    Local  social  services
  districts  may  periodically  reevaluate a participant's employment plan
  and  make  assignments  to  other  work  activities  in  order  to  meet
  participation  rates,  giving  due  consideration  to  the participant's
  progress in the current, and if applicable, prior program.
    6. Nothing required in this section shall be  construed  to  supersede
  the  eligibility  requirements  of  teen  parents  as  set forth in this
  chapter.