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KNOW YOUR RIGHTS TO EDUCATION AND TRAINING

(Article published in HWW Dec 2009)

by Ken Stephens, Legal Aid Society

Under New York State Law ( Soc. Serv. Law § 335 - a and 335 –b) as well as a lawsuit entitled Davila vs. Eggleston, parents of minor children (17 and under) who are receiving Public Assistance have certain rights to education and training that they should be aware of.

HERE IS A SUMMARY OF YOUR RIGHTS

1. You Have the Right to an “Assessment” Interview Before Being Assigned

A worker must usually conduct an “assessment” interview before “assigning” you to the Work Experience Program (WEP) or any other work activity. The worker must ask you about your background, your needs, and your preferences, including your preference to go to school or a training program.

Tell the worker if you are interested in an education or training program. Also, be sure to tell the worker if you are ALREADY in school or in a training program. And tell the worker if you PLAN to start or go back to a school or education program within 30 days. HRA has to at least consider whether the school or training program could meet all or some of your work requirement. Don’t be afraid to speak up! The “assessment” is supposed to be a conversation. If you do not think the worker is giving you a chance to talk about your preferences, politely, but firmly, request that you be allowed to say what your preferences are.

2. The City Must Honor Your Preference For School or Vocational Training When It Assigns You to a Work Activity

During the “assessment,” the worker is supposed to talk to you about various “work activities” -- which are the activities that you can do to meet your weekly work requirement (usually 35 hours a week). Examples of work activities include WEP, Job Search, a paid job, work-study, internships, school or training. After the assessment, the worker is supposed to complete an “Employability Plan.” The Plan lists your work assignment. If you have a “preference” for going to school, training internship or work-study, the worker must write down your preference and honor it “to the extent possible” when assigning you.

3. You Have the Right To Review the HRA Master List of Approved Training Programs

The school or training programs you can attend to satisfy your work requirement are on the “HRA Master List of Approved Training Programs.” That list contains hundreds of programs. You have the right to review the list and obtain help from the case worker in using it.

If you have access to the internet, you can view the list at: www.nyc.gov/html/hra/html/directory/training.shtml

[But note: The way HRA website describes your “rights” to education and training on this web page may be overly restrictive! Contact the Legal Aid Society or the Urban Justice Center if you have a question.]

[HRA suggests an easier way to find the list:

Click on the Website: www.NYC.gov

1. On the left side of the screen, click on City Agencies and Choose:

2. Human RSRCS-HRA

3. Scroll down to Community Partners

4. Click on Vocational Training

5. Click on Approved Training Programs

6. Click on Continue]

“I’m not enrolled in a program now, But I am interested. What should I do?”

If you are not yet enrolled in a program, but would like to be, tell your worker. She must help you find a program on the list that is suited to your needs. The worker must also give you time to find and enroll in a program (10 or 15 business days).

4. You Can Attend School or Vocational Education and Satisfy Part or All of Your Weekly Work Requirement

There are special rules about how many hours of school or training count toward the work requirement and for how long school counts as work. If going to school or vocational training makes sense for you, the general rule is that you may count up to 15 hours a week toward the work requirement in any “approved” school program (a program on the HRA Master list). There is no life-time limit on how long school counts as a work activity as long as you do not count more than 15 hours of school per week.

“What about the rest of the work-requirement hours?”

Some good news. If you can arrange it with your school or training program, you can do work-study or internships to satisfy the rest of your work requirement above 15 hours. Example: if you have a 35 hour work requirement, you can count up to 15 hours of class (including lab and tutoring), and 20 hours of work-study or internship on an ongoing basis to satisfy your 35 hour requirement.. If you are in school more than 15 hours a week, you can count all your school hours for up to a life-time limit of 12 months. After 12 months, you can usually count only 15 hours of school. Under special circumstances, you may be able to count more than 15 hours of school after 12 months. Example: you are in class 19 hours a week. You can count all 19 hours toward your weekly requirement for 12 months. After 12 months of this, most parents can count only 15 of the 19 hours they spend in school. Under special circumstances, some parents can continue to count all 19 hours toward their work requirement for another 12 months. For example, if you have a learning or other disability that limits your ability to get through school or training programs, you could ask that the time limit be extended.

5. You Can Attend Adult Basic Education Programs and Satisfy Part or All of Your Work Requirement

Tell your worker if you want to go to a literacy, GED, Pre-GED, ESOL or any other adult basic education program. If you want to go to one of these programs, but don’t know which one to go to, your worker must consult with you before selecting a program. In selecting a program, the worker must consider many important factors, such as whether the program meets your needs.

The same rules on hours apply except that if you are in a language immersion program, you can count all hours (even if more than 15 hours) for up to 90 days. After 90 days, the worker will evaluate if you can continue in the immersion program full-time beyond 90 days.

6. The City Must Make Reasonable Efforts to Accommodate Your Class Hours and Location

The worker must make reasonable efforts to assign you to a WEP activity that is at or near your campus. She must also make sure that WEP does not conflict with your school hours. This is true even if you are in a four-year college program or if your work requirement is fewer than 35 hours.

7. You Can Challenge Your Work Assignment and Employability Plan in a Fair Hearing

The worker must give you a copy of the Employability Plan once it is completed. They should then ask you to sign it. If you believe your preference for school was not honored, you can challenge the Plan and work assignment in a fair hearing.

Remember, you cannot be punished for disagreeing with the worker about your Employment Plan and Assignment. You may not always win a fair hearing challenging your employability plan and assignment, but it’s your right to go to a judge and explain what you wanted to do or why you disagree with the plan or assignment. Contact Legal Aid or Urban Justice for more information.

8. You Have the Right to Supportive Services While In School

You can get training related expenses, such as car fare and child care for any child up to the age of 13 during the time spent in an approved school program, including hours spent in class, lab, tutoring, internships, or work-study.

9. I received a Notice from HRA that they are cutting my benefits or closing my case…What can I do?

If you receive a Notice from HRA that they plan to reduce or cut off your benefits because you missed an appointment, didn’t bring documents in, are over-income or some other reason, and you think they might be wrong, or of you had an excuse: THE BEST ADVICE IS TO ASK FOR A FAIR HEARING IMMEDIATELY!

As long as you ask for the hearing within 10 days of the date on the notice [not the date you received the notice], your benefits should continue – and you can stay in your school or training program with your car fare and childcare expenses also continuing until the fair hearing is decided.

How do I ask for a Fair Hearing?

1. by Fax: If you received a notice, fax the hearing request form to: (518) 473-6735

2. Phone: 1-800-342-3334

3. Internet: www.otda.state.ny.us/oahforms/erequestform.aspx

4. In person:

Office of Temporary and Disability Assistance

Office of Administrative Hearings

Brooklyn:14 Boerum Place, 1st Floor;

Manhattan:

330 West 34th Street, 3rd Floor

New York, New York 10001

5. Writing (not the best since it may get there late):

Office of Temporary and Disability Assistance

Office of Administrative Hearings

PO BOX 1930

Albany, N.Y. 12201-1930