§ 3-07 Standards for Approval of Enrollment and Requests for Training Related Expenses for Public Assistance Recipients.
RCNY § 3-07
(a)A public assistance recipient who wishes to enroll in an employment training program, and in connection therewith to receive training related expenses and/or be excused from other OES work-related requirements, shall submit to OES a "School Enrollment Form" that has been completed by an appropriate officer of the employment training program. A public assistance recipient who is enrolled in an associate's degree or other post-secondary two-year degree program shall submit a "School Enrollment Form" at the beginning of each semester.
(b)OES will review and make a determination of whether to approve the request of a public assistance recipient to participate in an employment training activity according to the following criteria and applicable State regulations: (1) The employment training program must be approved as described in 68 RCNY § 3-03, and must not be under suspension for failure to comply with any provision of these rules.
(2)In the case of an employment training program for which OES has granted a conditional approval, a public assistance recipient's request will be approved only if the number of public assistance recipients who have enrolled in the program since the date of issuance of the Certificate of Conditional Approval is below the maximum number allowed as set forth in subdivision i of 68 RCNY § 3-04.
(3)If the public assistance recipient has already received training related expenses to attend a total of twenty-four months of training in one or more employment training programs (regardless of whether such twenty-four months were interrupted by any period of time during which the recipient was not enrolled in an employment training program), OES may, at its discretion, and subject to applicable federal and State law and rules, allow the recipient to continue receiving training related expenses and/or exemption from other work-related activities on condition that the recipient continues to make satisfactory progress; withdraw approval for further training related expenses or a further exemption; or require that the recipient participate in other OES work-related activities while the recipient remains in the program and continues to receive training related expenses. Nothing herein shall be deemed to limit the ability of OES to assign a public assistance recipient to work-related activities, consistent with applicable law.
(4)In the case of a request to continue attendance in an associate's degree or other post-secondary two-year degree program, OES may deny approval to a student who has not accumulated sufficient credits to earn the degree in accordance with his or her scheduled date of completion.
(5)OES may withdraw approval for any recipient who is not attending at least 75% of the scheduled classes or is not making satisfactory progress in the employment training program.
(6)OES may withdraw or deny approval for any recipient to participate in an employment training program or limit the number of hours of participation for which approval will be given to meet state law requirements pertaining to work and employment training activities, including but not limited to participation rate requirements.
(c)Except as otherwise provided pursuant to federal and State law and rules for hardship cases or as a reasonable accommodation for a person with a disability, a public assistance recipient who enrolls in an associate's degree or other post-secondary two-year degree program must attend the program on a full time basis.
(d)Public assistance recipients who enroll in part time or evening employment training programs may be required to participate in concurrent employment related activities.
(e)[Reserved.] (f) When a public assistance recipient has been receiving training related expenses and/or an exemption from requirements to participate in other OES work-related activities because such recipient has been enrolled in an employment training program, and the recipient does not complete that program by the recipient's scheduled date of completion, OES may, at its discretion, subject to applicable federal and State law and rules, allow the recipient to continue receiving training related expenses and an exemption from other work-related activities on condition that the recipient continues to make satisfactory progress; withdraw approval for further training related expenses or a further exemption; or require that the recipient participate in other OES work-related activities while the recipient remains in the program and continues to receive training related expenses.
(g)When approval is denied or withdrawn pursuant to this section, the recipient shall receive such notice and hearing with respect to such actions as are required pursuant to the rules of the New York State Department of Social Services.
