2023 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.