§ 843 — Employer specific skills training

New York § 843

• Jurisdiction: New York
• Law LAB: Labor
• Art. 24: Worker Adjustment Act

Text

§ 843. Employer specific skills training. 1. The department shall\nenter into agreements with the commissioner of education to pay for the\nparticipation of dislocated workers in employer specific short-term\nskill training provided by the commissioner of education under the\nprovisions of the federal Vocational Education Act of 1963.\n 2. Employers seeking assistance. Employers seeking assistance in\nlocating the availability of employer specific skills training programs,\nor seeking to have such a program developed may apply for assistance by\ncontacting a regional educational center for economic development. Such\ncenter shall survey existing programs offered by it or through\nappropriate substate grantees to identify any which may be suitable to\nmeet the needs of the applicant. If none is available, the department of\neducation shall contact local education agencies within the substate\narea, and adjacent substate areas, to promote the development of\nproposals for programs to be funded through the program.\n 3. Grant applications by training providers. Training providers may\napply to the commissioner of education for grants to conduct employer\nspecific skill training programs. Application for grants shall be in a\nmanner consistent with the application process for business and industry\nspecific training programs under the federal Vocational Education Act of\n1963, and shall be in a form prescribed by the commissioner of\neducation. Such application shall (a) describe the amount and purposes\nfor which funding is requested; (b) describe the training services to be\nprovided, including the duration of training and the estimated training\ncost per recipient; (c) show evidence that the proposed training program\nwill provide appropriate assistance to recipients; (d) describe other\nfunding sources which may be used for such training; (e) describe the\nsteps the provider will take to avoid duplication of training available\nthrough existing resources; (f) describe the provider's coordination\nwith programs and activities funded through the job training partnership\nact or other state resources; and (g) such other information as may be\nrequired by the commissioner of education. No grant shall exceed fifty\npercent of total program cost.\n 4. Evaluation of grant applications. The commissioner of education\nshall make grant awards based on evaluation of the following criteria,\nat a minimum: (a) The provider's past effectiveness in delivering\ntraining programs based on demonstrated performance; (b) ability to\nprovide participants with the skills necessary to fill available jobs;\n(c) the administrative capability to operate such a training program;\n(d) cost of the proposed program; (e) where appropriate, evidence that\nthe provider has made provisions for coordination with other services\navailable from the department of economic development, the department of\nlabor, such other state agencies as may be relevant, and local grantees;\nand (f) such other factors as the commissioner of education shall deem\nappropriate.\n 5. In the event of a plant closing or substantial layoff as defined in\nsubdivisions ten and sixteen of section eight hundred thirty-five of\nthis article, the state education department shall participate in rapid\nresponse activity and make available appropriate resources for training\ninterventions through the regional education centers for economic\ndevelopment.\n 6. In developing projects in response to training needs for dislocated\nworkers or additional dislocated workers, the commissioner of education\nshall approve and fund from this article, only employer specific\ntraining projects that have been certified in writing by the substate\ngrantee as consistent with the area's substate plan after formal\nconsultation with the state education department.\n 7. Funds available under this paragraph shall be allocated to each\nregion based on a formula which includes the relative number of\nunemployed individuals within each region and available plant closing\nand substantial layoff data published by the department under the\npermanent mass layoff and plant closing statistical series. However,\nafter March first of each fiscal year, the commissioner of education, in\na manner consistent with applicable federal law and regulations, shall\nreapportion any amount of any allocation otherwise due to a region if he\nor she determines that such amount cannot be obligated within such\nregion. Such reapportionment shall be distributed in a manner consistent\nwith the purposes of this article.\n