Assessments.

(1) The social services official shall ensure that an employability assessment is provided for each public assistance recipient who is a member of a household with dependent children and is:

(i) 18 years or older; or

(ii) 16 or 17 years of age and not attending secondary school and has not completed high school or an equivalency program.

(2) Such assessment shall include, but not be limited to, a review of the individual’s:

(i) education level, including literacy and English language proficiency;

(ii) basic skills proficiency;

(iii) child care and other supportive services needs;

(iv) skills and prior work experience;

(v) prior participation in education and training;

(vi) training and vocational interests; and

(vii) family circumstances, including the special needs of a child.

(3) The assessment shall be completed within 90 days of the date such recipient is determined to be eligible for public assistance pursuant to Part 351 of this Title.

(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 the 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 public assistance applicant household.

(ii) A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 385.12 of this Part.