2006 New York Code - Bridge To Employment, Work Tryout And Education Program

 
    § 4607. Bridge  to  employment,  work tryout and education program. 1.
  The commissioner is hereby authorized and directed to make grants within
  the limits of the appropriation available for  such  purpose,  to  major
  education providers, as defined in the Vocational Education Act of 1963,
  service  delivery  area  administrative  entities  and  private industry
  councils as established by the Job Training Partnership  Act  (JTPA)  of
  1982 in accordance with the provisions of this section, to encourage the
  establishment  of  a  bridge  to  employment,  work tryout and education
  program for certain targeted populations with businesses  with  no  more
  than  two  hundred  fifty  employees in any facility and no more than an
  aggregate of one thousand employees in the state of New  York.  Priority
  shall  be  accorded  to jointly developed proposals from major education
  providers, as defined in  the  Vocational  Education  Act,  and  service
  delivery  area  administrative entities. For the purposes of a statewide
  program, the commissioner is hereby authorized to  develop  regulations,
  and   to   consult   with   the  commissioner  of  labor,  to  establish
  administrative, program, and expenditure guidelines  and  standards  for
  the  work  tryout  experience  and  the  bridge  to  employment programs
  pursuant to this chapter. Such regulations and guidelines shall  include
  provisions  for  educational  services  to  meet  additional  job  skill
  requirements for youth or adults to continue such employment placements.
    2. Any agency or organization, eligible for a grant or contract  under
  the  provisions  of  subdivision  one  of  this  section, which plans to
  establish a bridge to employment,  work  tryout  and  education  program
  shall  submit  an application to the commissioner on or before the first
  day of July of each year in which such program  is  conducted  provided,
  however,    that    such    application   for   the   nineteen   hundred
  eighty-seven--eighty-eight pilot program shall  be  filed  by  September
  first,  nineteen  hundred  eighty-seven.  Priority  shall be accorded to
  jointly developed proposals from major education providers  and  service
  delivery  area  administrative  entities. Such application shall include
  but not be limited to, at least  a  statement  of  the  purpose  of  the
  program,  a  detailed  estimate  of the cost of such program, a complete
  description of the manner in which the program will operate and how  the
  program  will  improve  and  expand  education  and  placement  services
  currently offered by the applicant, and such other  information  as  the
  commissioner shall require.
    3.  For  the  purposes of a statewide program, the commissioner in the
  consultation  with  the  commissioner  of  labor  shall  evaluate   such
  applications,  using  as  criteria  the  merit  and value of the various
  programs submitted and prior experience of such agency or  agencies  and
  subcontracts  in provision of placement services. The commissioner shall
  then promulgate a  list  of  those  programs  that  have  been  selected
  according to regulations established by the commissioner.
    4.  The  commissioner  shall determine the amount of the apportionment
  which shall be made to those programs  which  he  deems  to  have  merit
  within the amount of the appropriation therefor.
    5.  A  person who seeks to participate under the bridge to employment,
  work tryout and education program must be:
    a. (1) a secondary student who has completed an career sequence or
    (2) a community college graduate who has completed  a  certificate  or
  associate degree program in career education and
    (3) unemployed three months after completion of such education; or
    b.  (1)  an unemployed adult at least twenty-one years of age or older
  who has completed a career education adult and/or other training program
  or have the necessary capacity and past employment  history  to  explore
  new job experiences and
    (2) meet any of the following qualifications:
    (i) single parent;
    (ii) dislocated worker;
    (iii) long-term unemployed;
    (iv) displaced homemaker;
    (v) older worker;
    (vi) economically disadvantaged;
    (vii) handicapped individuals; or
    (viii)  such other individuals as the commissioner may determine to be
  eligible.
    c. Notwithstanding any other provision of  law,  the  work  experience
  under  this chapter shall not affect any predetermined eligibility under
  the Job Training Partnership  Act  of  1982  or  any  other  appropriate
  educational services program.
    6.  Any  agency  or  organization  designated  by  the commissioner to
  conduct a bridge to employment, work tryout  and  education  program  is
  hereby  authorized and empowered to do and perform all acts necessary or
  convenient to enable it to carry out the provisions of this section  and
  it  is  authorized  to  enter  into  a  contract  with any person, firm,
  association, partnership  or  corporation  whereby  such  person,  firm,
  association,   partnership  or  corporation  will  provide  work  tryout
  experience to participants enrolled in such program,  the  consideration
  for such contract, if it otherwise meets the provisions of this section,
  to  be  a  legal  charge against the agency or organization. However, no
  placements will be made with any person, firm, association,  partnership
  or  corporation where there is an industry/labor controversy, as defined
  in regulations of the commissioner of labor.
    7. Use of funds. a. Work tryout experiences. Agencies or organizations
  participating in the bridge to employment,  work  tryout  and  education
  program  may provide to eligible participants up to one hundred hours of
  full-time  or  part-time  work  tryout   experiences   with   small   to
  medium-sized  employers  at no cost to those participating employers. No
  such experiences  may  last  more  than  forty  hours  with  any  single
  employer.  Employers  who  elect  to  retain a participant from the work
  tryout  experience  may  transfer  such  participants  to  a  bridge  to
  employment  placement  component of the program and receive full benefit
  of such program. Up to fifty percent of the funds  are  to  be  used  to
  support, administer and promote the work tryout experience program.
    Notwithstanding  any  other  provision  of  law  to  the contrary, any
  participants in the work tryout experience who are returned back to  the
  program operator because of lack of skills required to retain employment
  shall  be  provided education and training in such skills as the program
  operator deems necessary and available  from  local,  state  or  federal
  funded training programs.
    b.  Bridge  to  employment  placement.  The  remaining funds are to be
  utilized to provide a bridge to employment placement program with  small
  and  medium  employers.  Eligible  agencies and organizations serving as
  program  operators  may  subcontract  with  temporary   help   services,
  employment   and  training  agencies,  or  employers  for  placement  of
  participants with the following support provided from these funds:
    (1) Payroll administration and program  promotion  by  the  agency  or
  organization  or  sub-contractor  for up to two hundred eighty hours but
  not more than seven weeks for each person placed in employment.
    (2)  Appropriate  share  of  wages  and  fringe  benefits   for   such
  employment.
    Employers will be responsible for payment of at least fifty percent of
  the  wages and fringe benefits for such employment. After seven weeks of
  employment the bridge to employment and education program benefits shall
  cease and the employer must pay all expenses.
    Employers participating in  the  program  shall  not  be  required  to
  participate  for  any specific period of time. Participants may be hired
  by participating employers at any time or may be returned to the  bridge
  to  employment  and  education  program  operator  at  any  time  with a
  statement  of  circumstances and/or work related deficiencies. Continued
  employer  participation  in  the  program   shall   be   determined   by
  demonstrated transition to unsubsidized employment at levels established
  by the agency or organization and approved by the commissioner. However,
  employers who have released an excessive number of participants from the
  bridge  to  employment programs within the first six months of placement
  pursuant to commissioner regulations shall be  prohibited  from  seeking
  further placements from the bridge to employment program.
    c.  Employment  and  training  agencies  or temporary help services or
  other  organizations  which  may  serve  as  subcontractors  may  charge
  overhead  and promotional expenses as provided in approved contracts for
  work tryout experience and bridge to employment programs as specified in
  guidelines  and/or  regulations  of  the  commissioner.  Such  agencies,
  services or organizations shall endeavor to serve at least fifty percent
  of the participants in the bridge to employment program from paragraph b
  of subdivision five of this section.
    d.  Notwithstanding any provision of law to the contrary, any eligible
  adult who is either economically disadvantaged or handicapped  shall  be
  eligible  for  forty additional hours of work tryout experience benefits
  and  one  hundred  twenty  additional  hours  of  bridge  to  employment
  placement benefits.
    8.  Notwithstanding  any  other  provision of law to the contrary, any
  participants in the bridge to employment and education program  who  are
  referred back to the program operator because of lack of skills required
  to  retain  employment  shall be provided education and training in such
  skills as the placement agency deems necessary and available from local,
  state or federal funded training programs.