Assignment of individuals engaged in or expressing an interest in engaging in education and training and/or vocational rehabilitation activities to other work activities.
NYC Admin. Code § 21-703
in effect§ 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/023.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-211543Fetched: 10/24/2026