New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter K - Adult, Continuing And Community Education
Part 162 - Tuition Awards For Vietnam, Persian Gulf, Afghanistan And Other Eligible Combat Veterans: Approval Requirements For Vocational Training Programs
Section 162.3 - Program approval

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 162.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) In order to be approved by the commissioner for the purposes of this Part, vocational training programs offered by eligible agencies which are institutions of higher and professional education shall be registered by the State Education Department pursuant to Part 52 of this Title. Except as otherwise provided in subdivisions (d), (e) and (f) of this section, the standards of instructional quality for the registration of such vocational training curricula shall be the applicable requirements set forth in Part 52 of this Title.

(b) Vocational training programs offered by eligible agencies which are registered business schools or licensed trade schools, shall be registered or licensed pursuant to Part 126 of this Title. Except as otherwise provided in subdivisions (d) and (f) of this section, the standards of instructional quality for the registration and licensure of such vocational training curricula shall be the applicable requirements set forth in Part 126 of this Title.

(c) To qualify for tuition awards to Vietnam, Persian Gulf, Afghanistan and other eligible combat veterans, an eligible agency other than an institution of higher and professional education, registered business school or licensed trade school shall submit an application, in a form prescribed by the commissioner, for each vocational training program for which approval is sought. The governing body of such eligible agency shall assure in its application for approval that:

(1) administrative and instructional personnel shall be appropriately certified to teach in accordance with the requirements of this Chapter;

(2) the program shall be a non-credit program which is at least 320 clock hours in length and conducted in accordance with:
(i) a curriculum approved or developed by the department; or

(ii) a curriculum approved or developed by another State agency and acceptable to the department as meeting the requirements of this Part;

(3) Vietnam, Gulf, Afghanistan and other eligible combat veterans who are enrolled in programs approved pursuant to this Part shall be provided the same instruction, materials and resources as are provided to other students enrolled in the program;

(4) heating, lighting and ventilation of instructional facilities shall be conducive to learning;

(5) fire and liability insurance shall be provided for all facilities;

(6) the buildings, rooms or space in which staff and students are housed for any purpose while attending the program, and all facilities and equipment therein, shall meet the standards, for school purposes, of local fire, health and building authorities;

(7) equipment to be used in the program will enable students to successfully use the corresponding equipment which is used in the business or industry for which the program will provide training, so that students will have potential to be successfully employed;

(8) appropriate and accurate administrative, financial and student records shall be maintained, as well as any other records that may be required by the commissioner. Such records shall include:
(i) registration forms;

(ii) test data;

(iii) attendance data;

(iv) records of progress and achievement; and

(v) records of student placements;

(9) individual student records shall be easily accessible to teachers and students;

(10) admission standards shall be such that individuals admitted to the program have the potential to successfully complete the program, and to obtain employment related to the program training;

(11) students shall be graded at intervals necessary to determine their progress, and shall be regularly provided with reports of their progress; and

(12) a student attendance policy acceptable to the commissioner shall be developed and enforced.

(d) All eligible agencies seeking approval or registration of a vocational training program shall provide assurances that a record of placement of completers will be maintained and will be reported in a form prescribed by the commissioner at such times as the commissioner may require.

(e) Eligible agencies which are institutions of higher and professional education shall provide assurances that an attendance policy for students enrolled in a vocational training program which is acceptable to the department will be developed and enforced.

(f) Occupational programs will be approved only in fields for which there is favorable opportunity for employment as determined by the commissioner.

(g) Approval may be granted for a variance from standards set forth in subdivision (b), (c), (d) or (e) of this section upon a finding by the commissioner that the requirements of such subdivisions will be substantially met.

(h) The commissioner may suspend or revoke approval of a particular program for failure to comply with the standards and procedures set forth in this Part.

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