New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter K - Adult, Continuing And Community Education › Part 168 - Employment Preparation Education Programs › Section 168.3 - Program approval requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each school district or board of cooperative educational services intending to
				  operate an employment preparation education program in accordance with
				  Education Law, section
				  3602(24), shall submit to
				  the department a comprehensive plan of service application, in a form
				  prescribed by the department, for approval of such program. Such comprehensive
				  plan of service shall include a budget by program component, together with an
				  evaluation of effectiveness of program components, as well as other information
				  prescribed by the department. Such comprehensive plan of service shall be
				  submitted to the department not later than May 15th, except that for programs
				  to be operated in the 1995-96 school year, the comprehensive plan of service
				  application shall be submitted not later than August 4, 1995. The commissioner
				  may excuse the late filing of such an application upon a finding that unusual
				  circumstances provide good cause for such late submittal. By June 30th and upon
				  evaluation of the comprehensive plan of service application, the commissioner
				  shall notify school districts and BOCES of those portions of such plans of
				  service that will be aidable in the school year ahead, except that for programs
				  to be operated in the 1995-96 school year, the comprehensive service plan
				  application will be approved within 45 days of the submittal deadline. Approval
				  shall be based on criteria established by the department, including a
				  determination that approval of such programs will assure maximum effectiveness,
				  geographic availability and lack of duplication of such programs, support for
				  educational initiatives and priorities identified by the department, and
				  compliance with required program and fiscal reporting requirements. For
				  programs operated in Department of Correctional Services' facilities, only
				  programs providing instruction where such instruction is not funded by the
				  Department of Correctional Services shall be approved, to assure maximum
				  effectiveness and lack of duplication. No aid shall be payable unless the
				  program is approved by the Commissioner of Education. Comprehensive plans of
				  service may be amended in accordance with forms and procedures and at times
				  established by the department. Evaluation of program effectiveness shall be
				  demonstrated through reports and assessments prescribed by the department. Such
				  reports will include a final comprehensive program effectiveness and
				  achievement report and a self-assessment and compliance review.
(b) In order to obtain the approval of the
				  department for employment preparation education programs other than regular
				  credit-bearing high school courses, the governing body of the school district
				  or board of cooperative educational services shall assure in its application
				  that:
(1) a curriculum developed or approved
				  by the department is to be used;
(2) instruction is individually prescribed
				  and paced in each class;
(3)
				  individual student folders are easily accessible to students and teachers, and
				  include information concerning registration, attendance, testing, and
				  individual program needs;
(4) no
				  class register exceeds 20 students;
(5) classes operate at least 6 but not more
				  than 20 hours per week, unless otherwise approved by the
				  commissioner;
(6) at least 150
				  hours per year of total instruction are made available to individual
				  students;
(7) professional staff
				  members serving in the employment preparation education programs take at least
				  51/2 hours of staff development training related to the development and
				  organization of such programs for adults;
(8) English-speaking students are given
				  entrance tests in reading and mathematics to determine their approximate skill
				  level;
(9) English-speaking
				  students in need of basic education are provided instruction in reading,
				  mathematics, oral and written communication, and life skills;
(10) English-speaking students are given
				  standardized achievement tests which report scores in grade equivalents and
				  which have forms for retesting at required intervals, or other such instruments
				  approved by the commissioner;
(11)
				  students with limited English proficiency are given placement tests prior to
				  placement in an appropriate level of the instructional program;
(12) students with limited English
				  proficiency are provided instruction in listening, reading, mathematics, oral
				  and written communication, and life skills;
(13) students with limited English
				  proficiency are given achievement tests specifically designed for such
				  students, or other such instruments approved by the commissioner;
(14) students do not begin instruction
				  specifically designed to prepare them for the high school equivalency
				  examination unless they read at an 8.0 grade level as measured by a
				  standardized reading test;
(15)
				  students preparing for the high school equivalency examination are given
				  diagnostic tests to determine the specific instruction needed to attain the
				  minimum score to qualify for a New York State high school equivalency diploma,
				  and are provided such instruction;
(16) students preparing for the high school
				  equivalency examination are referred to that test when they demonstrate
				  readiness as indicated by an appropriate assessment;
(17) students with needs other than basic
				  education, high school equivalency examination preparation, and English as a
				  second language, are provided appropriate instruction, such as bilingual
				  instruction, as authorized by the commissioner; and
(18) all students are tested at intervals
				  necessary to determine status and progress.