Nature of Claims: This class action challenges the City's policy and practice of assigning single-parent recipients to workfare (“WEP”) instead of permitting them to enroll in or continue in education or training programs without an individualized assessment of their needs and preferences. The action also challenges the imposition of rules that needlessly impair the ability of students receiving public as¬sistance to complete their courses of study at two-year community colleges and vocational training programs, and that needlessly impair recipients who are in need of basic literacy, English as a second language (ESL), or GED courses from enrolling in those courses of study.
Background: Class certification was granted on April 21, 1997. On July 2, 2003, the court approved a settlement requiring that single parents must be given an “assessment” interview before receiving a work assignment. Single parents who state a preference to go to school can be assigned to school as a work activity. Single parents can participate in vocational educational and training programs and use that participation to satisfy part of all of their weekly work require¬ment. The settlement provides for a random sampling and review of cases by HRA in order to assess the City’s compliance with the settlement. The court retained jurisdiction for purposes of modification and enforcement until December 31, 2005.
Current Status: HRA failed to complete the required monitoring of cases prior to December 31, 2005. On December 22, 2005, the parties agreed to a two-month extension of the court’s juris¬diction, during which time they agreed to finalize the monitoring instrument and to negotiate, on or before March 1, 2006, an additional extension of time sufficient in length to complete the monitoring. Meanwhile, federal regulations regarding work requirements have changed. The parties are awaiting the issuance of state regulations that could affect the Davila settlement.
No. Persons Affected: Approximately 17,000 persons are potentially affected
Reported Decisions: Davila v. Turner, N.Y.L.J., Sept. 18, 1998, at 1, col 2 (Sup. Ct. N.Y. Co.); Davila v. Turner, N.Y.L.J, April 16, 1999, p. 25 (Sup. Ct. N.Y. Co)