N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.7 - Assessments and employability plans for households without dependent children
(a) Assessments.
(1) To the extent that resources are
available, the social services official shall conduct an assessment of
employability for applicants and recipients in households without dependent
children who are not exempt from assignment to work activities in accordance
with the provisions of section
385.2 of this Part.
(2) Such assessment shall be conducted within
a reasonable period of time, but in any case shall be conducted within a year
following a recipient's application for safety net assistance.
(3) Such assessment shall include, but not be
limited to, a review of the individual's:
(i)
educational level, including literacy and English language
proficiency;
(ii) basic skills
proficiency;
(iii) supportive
service needs;
(iv) skills and
prior work experience;
(v) prior
participation in education and training;
(vi) training and vocational interests;
and
(vii) family
circumstances.
(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.
(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
Education Department .
(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 (4)(i) 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.
(6) An applicant or recipient may be assigned
to work activities in accordance with the provisions of this Part prior to the
completion of an assessment.
(7)
Applicants and recipients are required to participate in an assessment as
assigned by the social services official.
(i)
An applicant who fails to comply with assessment requirements shall be
ineligible for public assistance , provided, however, that the term applicant
means the entire applicant household.
(b) Employability plan.
(1) Based upon the assessment required
pursuant to this section, an employability plan shall be developed in writing
and in consultation with the recipient, which shall set forth:
(i) services that will be provided, including
supportive services;
(ii) work
activities to which the individual will be assigned; and
(iii) the individual's employment
goal.
(2) The plan shall
take into account the individual's:
(i)
supportive service needs;
(ii)
available program resources;
(iii)
local employment opportunities;
(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;
and
(v) the recipient's
participation in prior education and training activities.
(3) Notwithstanding the requirements of
paragraph (2) of this subdivision, in developing an employability plan for an
individual the social services official must consider the need of the social
services district to meet State work activity participation rates before
completing an individual's employability plan.
(4) Participation in an educational and/or
vocational training program, that includes but is not limited to, a two-year
post-secondary degree program, which is necessary for the participant to attain
their individual employment goal and is likely to lead to a degree or 7
certification and sustained employment, shall be approved consistent with such
individual's assessment and employability plan to the extent that such approval
does not jeopardize the State's ability to comply with federal work
participation rates.
(c)
The social services official shall use designated trained staff or providers
with demonstrated effectiveness in assessment and employability development to
prepare the assessments and plans required by this section.
(d) Social services officials may provide
assessments which are more detailed and comprehensive than required by this
section.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.