NY Lab L § 42 (2021)
2021 New York Laws LAB - Labor Article 2 - The Department of Labor 42 - Youth Education, Employment and Training Program.

§  42.  Youth education, employment and training program. This program   shall provide  services  to  economically  disadvantaged  in-school  and   out-of-school  youth  fourteen  to  twenty-one years of age and shall be   subject to the following provisions of this section:1. The goals of  this  program  shall  be  entry  into  post-secondary   education,  enrollment in vocational or skills training programs, or the   attainment of favorable employment and career opportunities.  To  obtain   program goals, local projects shall include one or more of the following   objectives:  retention in high school, improvement in basic academic and   vocational skills and, when attainable, the acquisition of a high school   diploma or its equivalent.2. For the purpose of this section, the following terms shall have the   following meanings: "local project" shall  mean  the  specific  plan  or   proposal for support and/or direct client services at the local level as   specified  in  a  contractual  agreement  with  employment  and training   providers pursuant to this  section;  and  "economically  disadvantaged"   shall  be  defined  as set forth in regulations promulgated by the state   education department pursuant to sections sixty-four  hundred  fifty-one   and sixty-four hundred fifty-two of the education law or as set forth in   the  federal  job  training  partnership  act,  public law 97-300 or its   successor program  or  in  the  absence  of  such,  as  defined  by  the   commissioner.  Moneys  to  fund  the program may be used for projects in   which up to ten percent of the participants enrolled, on  a  project  by   project  basis, are youth who are not economically disadvantaged if such   youth have been identified as at risk of dropping out of school or  have   barriers to employment.3.  Subject to the limits of available moneys for this program and the   approval  of  the  director  of  the  budget,   the   commissioner,   in   consultation  with  the commissioner of education, shall select and make   contracts with preference to employment and training providers who  have   demonstrated  effectiveness  in  serving  disadvantaged  youth  for  the   purpose of conducting local  projects.  Such  moneys  may  be  used  for   contractors  selected  on  a competitive basis consistent with executive   order number one hundred twenty-seven  which  expedites  and  simplifies   contracting  with  not-for-profit agencies. Such employment and training   providers   shall   only   include   not-for-profit   community    based   organizations,    boards    of    cooperative    educational   services,   post-secondary educational agencies, grant recipients or  administrative   entities  of  the  service  delivery  areas  (hereinafter referred to as   SDAs), as may be defined by the Federal  Job  Training  Partnership  Act   (hereinafter  referred  to  as  JTPA) or its successor program or in the   absence of such,  as  defined  by  the  commissioner,  joint  apprentice   committees,  labor  organizations,  and  public  and  private employers.   Preference in selection of such contractors shall be given to  qualified   and  experienced  community  based  organizations with proven ability to   administer such programs.4. Moneys for this program shall  be  apportioned  in  a  manner  that   ensures  a  distribution  of  funds to projects operating in communities   which have high rates of youth unemployment, significant drop-out  rates   among  high school-aged youth, large numbers of youth living in poverty,   and  a  high  proportion  of  households  receiving  public   assistance   benefits.5.  Such  moneys  may  not  be  used  for  an SDA as an employment and   training provider for local projects for out-of-school youth  unless  it   has  been  determined  by  the commissioner that no other employment and   training provider is  available  in  the  area  which  this  program  is   designed to serve. 6.  Notwithstanding  any  other provisions of law to the contrary, the   educational  opportunity  centers  (hereinafter  referred  to  as  EOCs)   operated by the state university and educational centers operated by the   units  of  the  city  university  of  New  York are hereby authorized to   contract  with employment and training providers funded pursuant to this   section for provision of services authorized under this section  and  to   receive  reimbursement  for  services  provided. For the purpose of this   program, all participants eligible for services pursuant to this section   shall be deemed to be eligible for services provided by the EOCs.7. Allowable activities under this section may include tutoring, basic   skills   remediation,   occupational/vocational   training,   vocational   exploration,  on-the-job  and  supervised worksite training, counseling,   and support services. Local  projects  shall  integrate  such  allowable   activities, as fully as possible.8.  Participants  in  programs  under  this  section  may be granted a   stipend if such youth are not participating in a paid  work  experience.   On  an  individual  participant  basis,  the  local project operator may   extend tutorial  services,  basic  skills  remediation,  and  counseling   beyond  one program year, provided the participant continues to meet the   other eligibility requirements of this program.9. Pursuant to a memorandum of  agreement,  the  education  department   shall  be  responsible  for the approval of the educational component of   local projects under this section predicated upon a review of each local   project proposal. Such educational component shall include  programs  of   instruction,  remedial  activities,  and  services  designed  to improve   participants' performance in reading, writing, communication, math,  and   science.   Academic   credit   may   be  made  available  to  qualifying   participants for their involvement  and  performance  in  this  program.   Local  projects  shall be evaluated for credit and recommendations shall   be made to local schools by the education department.10. As a condition of participating in programs  under  this  section,   each  employment  and  training  provider  shall  establish  cooperative   relationships for improving linkages with local educational agencies and   SDAs  which  insure  that  school-based   educational   activities   are   integrated  with the educational component of the local project as fully   as possible.11. Up to ten percent of the program funds allocated to local projects   for direct  client  services  may  be  expended  for  support  services,   provided  that  such  support  services  are  not  available  from other   federal, state, local, or private resources. Such support services shall   include day care  which  meets  state  standards,  transportation,  meal   allowances, and clothing allowances.12.  No moneys shall be allocated to the department for support and/or   direct client services unless the following conditions have been met:  a   memorandum  of  agreement  has been signed with the education department   pursuant to this section; and, regulations governing the  selection  and   implementation   of   local  projects  have  been  issued.  Further,  no   liabilities shall be assumed  or  moneys  expended  for  support  and/or   direct client services unless such funding is specified in a contractual   agreement  with  employment  and  training providers and the educational   component  of  such  contract  has  been  approved  by   the   education   department.13.  Of  the  total  funds  made  available  for  the payment of local   projects for in-school youth and out-of-school youth, no more  than  one   million three hundred forty-nine thousand dollars shall be allocated for   local  projects administered by service delivery areas. Provided further   that as a condition of funding under such appropriation, a fifty percent   match for the amount made available for  local  projects  for  in-school    youth  shall  be  required from employment and training providers out of   in-kind services or moneys received through  other  local,  private,  or   federal  resources;  except  that  a match of those funds designated for   payment  of participant wages and fringe benefits shall not be required.   However, fifty percent of the payment of wages and  fringe  benefits  to   participants in approved vocational exploration or trial work experience   in  local  projects  for in-school youth administered by SDAs and funded   under such appropriations shall be subsidized by the SDA out  of  moneys   received  through  JTPA or its successor program, except that no JTPA or   successor program  subsidization  of  trial  work  experience  shall  be   required  if  the SDA shall have otherwise obligated all moneys received   through JTPA or its successor program, in which case the  SDA  may  meet   its  obligation  to  subsidize  from  moneys received from any available   source other than such appropriation. Further, no more than  twenty-five   percent  of  the payment of wages and fringe benefits to participants in   on-the-job training in local projects for in-school  youth  administered   by  SDAs  shall  be  paid  from  funds  made  available pursuant to such   appropriation and any such funds so used shall be matched by the SDA out   of moneys received through JTPA or its successor program, unless the SDA   shall have otherwise obligated all moneys received through JTPA  or  its   successor program.14.  As  a  condition  of  receipt  of  moneys  for payments for local   projects for in-school youth and out-of-school youth local projects  for   out-of-school  youth shall give preference to youth who are homeless and   to adolescent  parents,  provided  such  youth  meet  other  eligibility   requirements  of  this  program. Employment and training providers under   this appropriation shall not be required to match moneys made  available   for local projects for out-of-school youth.15. Notwithstanding any other law, rule or regulation to the contrary,   the  department  shall prepare and submit to the governor, the temporary   president of the senate, the speaker of the assembly and  the  chair  of   the   legislative   commission  on  skills  development  and  vocational   education, an annual evaluation report of this  program  no  later  than   October  thirty-first  following the end of the program year. The report   shall  include  a  statement  of  program  objectives  which  identifies   outcomes  and  indicators  of the effectiveness of the program. It shall   represent the extent to which program activities meet program objectives   including, but not limited to, improvements in participants' educational   competencies and employability skills as measured  by  accepted  testing   tools.  The  basic  measures  of  performance for projects for in-school   youth shall be: high school  retention,  attainment  of  a  high  school   diploma,   enrollment   in   a  post-secondary  educational  program  or   vocational  skills  training  program,  or  attainment  of  unsubsidized   employment.   The   basic   measure  of  performance  for  projects  for   out-of-school  youth  shall  be:  improvement  in  basic  academic   and   vocational  skills,  return  to high school, attainment of a high school   equivalency diploma, enrollment in a post-secondary educational  program   or  vocational  skills  training  program, or attainment of unsubsidized   employment. The report shall include a separate  count  of  participants   who  have  participated  in the same program model through more than one   program  cycle.  A  methodology  shall  be  prescribed  which   requires   collection   of   post-program   information   on  program  participants   including, but not limited to, whether a  participant  receives  a  high   school  degree  or its equivalent and subsequent labor market experience   for one year following termination from the program, and the  extent  to   which  the  participant  achieved  outcomes  as defined by the certified   program model. The report shall  also  describe  the  types  of  support    services  provided,  levels  of  expenditure,  and  demonstrate how such   support services improve participant involvement in local projects.16.  Notwithstanding  any  other  law,  rule,  or  regulation  to  the   contrary, including the provisions of the social services law, wages and   income earned by the participants of  this  program  who  are  receiving   assistance under the temporary assistance for needy families block grant   shall  be  exempt  and  disregarded  when  determining the need for such   assistance in accordance with federal law and regulations or pursuant to   waiver  of  such  law  and  regulations.  Wages  and  income  earned  by   participants  in  this program, who are receiving assistance pursuant to   the safety net assistance program, or under the temporary assistance for   needy families block grant, or the veterans assistance program, shall be   exempt and disregarded when determining the need  for  such  assistance.   Such income and wage exemptions and disregards shall be allowed, if, and   as long as, federal financial participation is available.17. Notwithstanding any other law, rule or regulation to the contrary,   employment  and  training providers funded through this program shall be   designated no later than June first of each year. Failure  of  providers   to  submit  required monthly or fiscal reports to the department without   waiver for reasonable or unanticipated circumstances shall cause forfeit   of the program contract  effective  after  sixty  days  notification  to   providers.