New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter K - Adult, Continuing And Community Education
Part 165 - Occupational Retraining And Reemployment Act; Approval Requirements For Training Providers And Programs
Section 165.4 - Program approval

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In order to obtain approval to receive funding for a dislocated worker in a particular program, a training provider shall submit an application, in a format prescribed by the commissioner, assuring that:

(1) instructional personnel shall have at least a high school diploma, and four years of either work experience or teaching experience in the program area to be taught;

(2) the program shall be conducted in accordance with a curriculum approved or developed by the department;

(3) dislocated workers 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; 166

(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 department shall be developed and enforced.

(b) A two-year record of placement shall be submitted with the application, indicating the percentage of entering students who completed the program, and the percentage of students completing the program who obtained employment directly related to the program training.

(c) Approval may be granted for a variance from standards set forth in subdivision (a) of this section upon a finding by the commissioner that the requirements of that subdivision will be substantially met.

(d) 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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