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.

(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.

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