N.Y. Comp. Codes R. & Regs. tit. 12, § 620.1 – Eligibility.

(a) Any trainee who has been referred to and is at regular attendance at a training course established in accordance with the provisions of article 23-A of the Labor Law shall be eligible for State training allowances, except as provided in this section.
(b) No State training allowances shall be payable to a trainee who, without having been graduated from a high school, has attended school during the 12-month period preceding the beginning of the training course, except that sporadic and short-time school attendance within that period may be disregarded and that this subdivision shall not apply to a trainee:
1. (1) whose return to school would not be practicable because of special personal circumstances, or
2. (2) who attended special education classes, or equivalent courses, if it is shown that he has attained the highest level of achievement for his capabilities in the existing school program.
(c) No State regular training allowances shall be payable to a trainee while two other members of his family, living in the same household with him, are receiving such allowances.