2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 61 - Teachers and Supervisory and Administrative Staff › 3032 - Teacher Summer Business Training and Employment Program; and Employer Specific Skill Training Grant Program.

§ 3032. Teacher  summer  business training and employment program; and
employer specific skill training  grant  program.  1.  Definitions.  (a)
"Regions"  for the purposes of this section means regions as established
by the  commissioner  pursuant  to  the  provisions  of  the  vocational
education act.
(b)  "Local education agencies" for the purposes of this section means
school districts, boards of cooperative educational services,  community
colleges,  agricultural  and technical colleges, state university of New
York  college  of  technology  and  centers  for   advanced   technology
designated  pursuant  to section three thousand one hundred two-a of the
public authorities law, and  other  postsecondary  providers  of  career
education  as  set  forth  annually  by  the  commissioner  as  eligible
recipients under  the  federal  vocational  education  act  of  nineteen
hundred eighty-four.
(c)  "Total  employment  cost"  means salary or wages paid directly to
each teacher participating and associated fringe benefits  which  accrue
to  each  teacher in the teacher summer business training and employment
program.
2. Allocations. The commissioner shall allocate the  lesser  of  forty
thousand  dollars  or  one  percent  of  the total appropriation for the
purposes of this section to each region for administering and conducting
employer  specific  skill  training  and  employment  programs  and  the
remainder  of  such  appropriation shall be allocated to each region for
the administration and support of teacher summer business  training  and
employment  programs  based on the proportion of the base year full time
teachers in the public schools of all school  districts  and  boards  of
cooperative  educational services within the region to the total of such
teachers in the state, provided however, that each region shall  receive
at  least  five percent of the allocation for such purposes and provided
further that the cost due  to  such  five  percent  allowance  shall  be
proportionally  borne  by  the regions not so affected. Use of funds for
administration of the summer business training and  employment  programs
shall not exceed six percent of the allocation to a region.
3. Teacher summer business training and employment program. (a) In any
case  in  which  a  business  or  industry within the state shall employ
during  the  months  of  July  and  August  a  teacher  of  mathematics,
chemistry,  biology,  earth  science,  physics, computer science, career
education or an elementary specialist in  the  area  of  mathematics  or
science  or  commencing  July  first,  nineteen  hundred  eighty-five, a
teacher of other subject areas as the commissioner may deem appropriate,
the state will assist employers with costs associated with approved work
experience for such teachers. Such business or  industry  shall  request
that the chief administrative officer of the school district or board of
cooperative  educational services employing such teacher during the same
school year as such business or industry employment occurs,  certify  to
the  commissioner that the summer work experience involved will directly
benefit the individual's effectiveness  as  a  teacher  of  mathematics,
chemistry,  biology,  earth  science,  physics, computer science, career
education,  or  other  subject  areas  as  the  commissioner  may   deem
appropriate.  If  such  chief  administrative officer so certifies, then
such officer shall also file the request with the local education agency
designated by the commissioner for pre-approval for funding  under  this
program in the applicable region. The commissioner shall not approve any
requests  for  approval  that would result in the maximum allocation for
the applicable region being exceeded. No approval shall be given  except
for  the lesser of thirty per centum of the total employment cost or one
thousand dollars per employed teacher. The remainder of such costs shall
be borne by  the  business  employer  involved.  Participation  in  this

program  shall  be  at  the  option  of each school district or board of
cooperative educational services.
(b)  Such  requests  for pre-approval and certifications shall be on a
form prescribed by the commissioner. Such form shall include but not  be
limited  to certification of the employer regarding work to be performed
by the teacher,  wages,  hours,  and  the  certification  of  the  chief
administrative  officer  of  the school district or board of cooperative
educational  services  as  the  case  may  be,  as  prescribed  in  this
subdivision.
(c) The local education agency designated by the commissioner shall be
authorized  to submit a claim to the commissioner for an amount of money
equal to eighty percent of the anticipated expenditure, based  upon  the
requests   for   pre-approval   and   certification   received.  If  the
commissioner approves, he shall pay that amount to such local  education
agency within thirty days of the receipt of such claim.
(d)  Upon completion of such employment, the participating business or
industry shall certify to the local education agency designated  by  the
commissioner  the identity of the employee, the wages actually paid, the
hours worked and the period in which such hours were  worked  and  shall
assess  such local education agency for thirty per centum of such salary
and wage not to exceed one thousand dollars per employed teacher. If the
commissioner approves, he shall reimburse such  local  education  agency
upon  receipt of a claim pursuant to this section as provided by law the
amount of money equal to the difference between the monies paid  to  the
local education agency pursuant to paragraph (c) of this subdivision and
the  actual  approved  expenditure.  If  the  monies  paid  to the local
education agency pursuant to paragraph (c) of this  subdivision  exceeds
the  actual  approved  expenditure,  the  local  education  agency shall
reimburse that difference to the commissioner.
(e)  The  commissioner  shall  monitor  implementation  of   programs,
evaluate  progress, and require reports. Any funds allocated to a region
but not committed for the purposes  of  this  subdivision  by  September
fifteenth  of  the current year shall be reallocated by the commissioner
for the purposes of subdivision four of this section.
4. Employer specific  skill  training  grant  programs.  (a)  Employer
specific  skill  training  grant  programs shall be designed to support,
supplement and contribute  to  the  expansion  and  maintenance  of  the
economy  of  the  state.  Local  education  agencies  shall apply to the
commissioner for grants for conducting employer specific skill  training
programs. Application for funds by local education agencies for training
programs  shall  be  in a manner consistent with the application process
for  business  and  industry  specific  training  programs   under   the
vocational  education  act of 1963 and the job training partnership act;
the sum of such grants per region  shall  not  exceed  the  total  funds
allocated  or reallocated to the region for such purposes. Such programs
shall  provide  retraining  and  upgrading  to  existing  or   potential
personnel  in  order  to improve technology, quality control, production
efficiency, or to adapt to other changes in  the  labor  market,  or  to
provide  unique  training  programs  to  meet  the  emerging  needs  and
occupations of the state's business and industry or  providing  training
to  individuals to promote the successful management and/or operation of
a worker owned cooperative  or  an  employee  stock  ownership  plan  or
employee-owned  enterprises,  as  defined in subdivision five of section
eighteen hundred thirty-six-b of the public  authorities  law,  by  such
employees.  No  grant shall exceed fifty per centum of the total program
cost. Eligible program cost may  include  employer  wages  paid  to  the
employee  for  time  spent  in  the training program. Applications for a

grant by local education agencies shall be in a form prescribed  by  the
commissioner.
(b)  By  October  first, nineteen hundred eighty-six the department of
education,  the  department  of  commerce,  and  the  urban  development
corporation  shall  enter  into  cooperative  agreements to promote more
effective coordination  of  employer  specific  training  programs  with
regional  economic development strategies and other activities conducted
by the department of commerce, the  urban  development  corporation  and
other  state,  regional, and local agencies intended to promote economic
development.  In  preparing  these  agreements  the   parties   to   the
cooperative agreements shall solicit comments from the regional economic
development councils, regional education center for economic development
coordinating   committees,   technology  development  councils,  private
industry councils and other appropriate entities within the  regions  as
identified  by  the  commissioner,  the commissioner of commerce, or the
chairman  of  the  urban  development  corporation.   Such   cooperative
agreements shall be reviewed and revised annually.
(c)   The  commissioner  shall  monitor  implementation  of  programs,
evaluate progress, and require reports as needed.
(d) If any funds allocated to a  region  are  not  committed  for  the
purposes of this subdivision by November fifteenth, the commissioner may
reallocate some or all of such funds to another region.
5. Additional employer specific skills training grants. The additional
appropriation for the purposes of this subdivision for administering and
conducting employer specific skills training programs shall be allocated
as  follows:  (a)  thirty  percent  shall be allocated equally among the
regions; and (b) seventy percent shall be allocated  among  the  regions
based upon the proportion of unemployed persons within the region to the
total  number  of  unemployed  persons  in the state for the most recent
calendar year as determined by the state department of labor  using  the
civilian  non-instructional  population  sixteen  years  of age or older
labor series. Not less than twenty percent of the additional  allocation
to  each  region  pursuant  to  this  paragraph  shall  be available for
training programs which will provide  placements  for  persons  who  are
economically  disadvantaged or dislocated workers as defined pursuant to
the federal job training partnership act. If any money  allocated  to  a
region  pursuant  to  this  paragraph is not committed by March first of
each year or is committed prior to March first and is subsequently found
to  be  unnecessary  for  expenditure  to  meet   existing   contractual
obligations,  the  commissioner  shall reallocate such funds to approved
programs including  but  not  limited  to  those  programs  which  serve
economically  disadvantaged  or  dislocated  workers in regions eligible
pursuant to this paragraph.
6. Annual report. Annually, on or before January first of  each  year,
the  commissioner  shall report to the governor, the temporary president
of the senate and speaker  of  the  assembly  and  chairpersons  of  the
appropriate  committees on the impact of this program. Such report shall
include but not be limited to:
(a) The allocation of funding  among  the  regions  pursuant  to  this
section.
(b)  The  amount of funding that was made available by each region for
reallocation  pursuant  to  this  section.  Such  amount  shall  include
separately  the  amount  made available due to the region's inability to
encumber available funds and  the  amount  made  available  due  to  the
overestimation of projected program costs.
(c)  The  amount  of  funding  that  was  expended  by each region for
administrative activities.
(d) The allocation of funding among the regions providing for employer
specific skills training grant programs which are  administered  by  the
department  and  funded through other sources including, but not limited
to, the federal vocational education act and the  federal  job  training
partnership act and the extent to which such funds are combined with the
funds  appropriated  pursuant  to  this  section  to provide funding for
individual projects.
(e) The participation, completion, and placement rate  of  individuals
enrolled   in   employer   specific   skills   training  grant  programs
administered by the department and funded pursuant to this  section  and
through  other available sources of funding, with particular emphasis on
the  rates  for  individuals  who  are  economically  disadvantaged   or
dislocated workers.
(f)  A  description  and evaluation of programs undertaken pursuant to
the cooperative agreements required under this section.
7. The commissioner shall adopt rules and regulations to implement the
provisions of this section. Rules and regulations governing the employer
specific skills training program established pursuant  to  this  section
shall  be  promulgated by the commissioner, assisted by the commissioner
of economic development and  in  consultation  with  the  department  of
economic  development.  Such  rules  and regulations shall be consistent
with the program plan required by subdivision nineteen  of  section  one
hundred of the economic development law.