NY Lab L § 843 (2021)
2021 New York Laws LAB - Labor Article 24 - Worker Adjustment Act 843 - Employer Specific Skills Training.

§  843.  Employer  specific  skills  training. 1. The department shall   enter into agreements with the commissioner of education to pay for  the   participation  of  dislocated  workers  in  employer specific short-term   skill training provided by  the  commissioner  of  education  under  the   provisions of the federal Vocational Education Act of 1963.2.  Employers  seeking  assistance.  Employers  seeking  assistance in   locating the availability of employer specific skills training programs,   or seeking to have such a program developed may apply for assistance  by   contacting  a regional educational center for economic development. Such   center  shall  survey  existing  programs  offered  by  it  or   through   appropriate  substate  grantees to identify any which may be suitable to   meet the needs of the applicant. If none is available, the department of   education shall contact local education  agencies  within  the  substate   area,  and  adjacent  substate  areas,  to  promote  the  development of   proposals for programs to be funded through the program.3. Grant applications by training providers.  Training  providers  may   apply  to  the  commissioner of education for grants to conduct employer   specific skill training programs. Application for grants shall be  in  a   manner consistent with the application process for business and industry   specific training programs under the federal Vocational Education Act of   1963,  and  shall  be  in  a  form  prescribed  by  the  commissioner of   education. Such application shall (a) describe the amount  and  purposes   for which funding is requested; (b) describe the training services to be   provided,  including the duration of training and the estimated training   cost per recipient; (c) show evidence that the proposed training program   will provide appropriate assistance to recipients;  (d)  describe  other   funding  sources  which  may be used for such training; (e) describe the   steps the provider will take to avoid duplication of training  available   through  existing  resources;  (f)  describe the provider's coordination   with programs and activities funded through the job training partnership   act or other state resources; and (g) such other information as  may  be   required  by  the commissioner of education. No grant shall exceed fifty   percent of total program cost.4. Evaluation of grant applications.  The  commissioner  of  education   shall  make  grant awards based on evaluation of the following criteria,   at a minimum:  (a)  The  provider's  past  effectiveness  in  delivering   training  programs  based  on  demonstrated  performance; (b) ability to   provide participants with the skills necessary to fill  available  jobs;   (c)  the  administrative  capability to operate such a training program;   (d) cost of the proposed program; (e) where appropriate,  evidence  that   the  provider  has  made provisions for coordination with other services   available from the department of economic development, the department of   labor, such other state agencies as may be relevant, and local grantees;   and (f) such other factors as the commissioner of education  shall  deem   appropriate.5. In the event of a plant closing or substantial layoff as defined in   subdivisions  ten  and  sixteen  of section eight hundred thirty-five of   this article, the state education department shall participate in  rapid   response  activity and make available appropriate resources for training   interventions  through  the  regional  education  centers  for  economic   development.6. In developing projects in response to training needs for dislocated   workers  or additional dislocated workers, the commissioner of education   shall approve  and  fund  from  this  article,  only  employer  specific   training  projects  that  have been certified in writing by the substate   grantee as  consistent  with  the  area's  substate  plan  after  formal   consultation with the state education department. 7.  Funds  available  under  this paragraph shall be allocated to each   region based  on  a  formula  which  includes  the  relative  number  of   unemployed  individuals  within  each region and available plant closing   and substantial layoff  data  published  by  the  department  under  the   permanent  mass  layoff  and  plant closing statistical series. However,   after March first of each fiscal year, the commissioner of education, in   a manner consistent with applicable federal law and  regulations,  shall   reapportion any amount of any allocation otherwise due to a region if he   or  she  determines  that  such  amount  cannot be obligated within such   region. Such reapportionment shall be distributed in a manner consistent   with the purposes of this article.