2013 New York Consolidated Laws
LAB - Labor
Article 2 - (10 - 43) THE DEPARTMENT OF LABOR
42 - Youth education, employment and training program.

 
    §  42.  Youth education, employment and training program. This program
  shall provide  services  to  economically  disadvantaged  in-school  and
  out-of-school  youth  fourteen  to  twenty-one years of age and shall be
  subject to the following provisions of this section:
    1. The goals of  this  program  shall  be  entry  into  post-secondary
  education,  enrollment in vocational or skills training programs, or the
  attainment of favorable employment and career opportunities.  To  obtain
  program goals, local projects shall include one or more of the following
  objectives:  retention in high school, improvement in basic academic and
  vocational skills and, when attainable, the acquisition of a high school
  diploma or its equivalent.
    2. For the purpose of this section, the following terms shall have the
  following meanings: "local project" shall  mean  the  specific  plan  or
  proposal for support and/or direct client services at the local level as
  specified  in  a  contractual  agreement  with  employment  and training
  providers pursuant to this  section;  and  "economically  disadvantaged"
  shall  be  defined  as set forth in regulations promulgated by the state
  education department pursuant to sections sixty-four  hundred  fifty-one
  and sixty-four hundred fifty-two of the education law or as set forth in
  the  federal  job  training  partnership  act,  public law 97-300 or its
  successor program  or  in  the  absence  of  such,  as  defined  by  the
  commissioner.  Moneys  to  fund  the program may be used for projects in
  which up to ten percent of the participants enrolled, on  a  project  by
  project  basis, are youth who are not economically disadvantaged if such
  youth have been identified as at risk of dropping out of school or  have
  barriers to employment.
    3.  Subject to the limits of available moneys for this program and the
  approval  of  the  director  of  the  budget,   the   commissioner,   in
  consultation  with  the commissioner of education, shall select and make
  contracts with preference to employment and training providers who  have
  demonstrated  effectiveness  in  serving  disadvantaged  youth  for  the
  purpose of conducting local  projects.  Such  moneys  may  be  used  for
  contractors  selected  on  a competitive basis consistent with executive
  order number one hundred twenty-seven  which  expedites  and  simplifies
  contracting  with  not-for-profit agencies. Such employment and training
  providers   shall   only   include   not-for-profit   community    based
  organizations,    boards    of    cooperative    educational   services,
  post-secondary educational agencies, grant recipients or  administrative
  entities  of  the  service  delivery  areas  (hereinafter referred to as
  SDAs), as may be defined by the Federal  Job  Training  Partnership  Act
  (hereinafter  referred  to  as  JTPA) or its successor program or in the
  absence of such,  as  defined  by  the  commissioner,  joint  apprentice
  committees,  labor  organizations,  and  public  and  private employers.
  Preference in selection of such contractors shall be given to  qualified
  and  experienced  community  based  organizations with proven ability to
  administer such programs.
    4. Moneys for this program shall  be  apportioned  in  a  manner  that
  ensures  a  distribution  of  funds to projects operating in communities
  which have high rates of youth unemployment, significant drop-out  rates
  among  high school-aged youth, large numbers of youth living in poverty,
  and  a  high  proportion  of  households  receiving  public   assistance
  benefits.
    5.  Such  moneys  may  not  be  used  for  an SDA as an employment and
  training provider for local projects for out-of-school youth  unless  it
  has  been  determined  by  the commissioner that no other employment and
  training provider is  available  in  the  area  which  this  program  is
  designed to serve.

    6.  Notwithstanding  any  other provisions of law to the contrary, the
  educational  opportunity  centers  (hereinafter  referred  to  as  EOCs)
  operated by the state university and educational centers operated by the
  units  of  the  city  university  of  New  York are hereby authorized to
  contract  with employment and training providers funded pursuant to this
  section for provision of services authorized under this section  and  to
  receive  reimbursement  for  services  provided. For the purpose of this
  program, all participants eligible for services pursuant to this section
  shall be deemed to be eligible for services provided by the EOCs.
    7. Allowable activities under this section may include tutoring, basic
  skills   remediation,   occupational/vocational   training,   vocational
  exploration,  on-the-job  and  supervised worksite training, counseling,
  and support services. Local  projects  shall  integrate  such  allowable
  activities, as fully as possible.
    8.  Participants  in  programs  under  this  section  may be granted a
  stipend if such youth are not participating in a paid  work  experience.
  On  an  individual  participant  basis,  the  local project operator may
  extend tutorial  services,  basic  skills  remediation,  and  counseling
  beyond  one program year, provided the participant continues to meet the
  other eligibility requirements of this program.
    9. Pursuant to a memorandum of  agreement,  the  education  department
  shall  be  responsible  for the approval of the educational component of
  local projects under this section predicated upon a review of each local
  project proposal. Such educational component shall include  programs  of
  instruction,  remedial  activities,  and  services  designed  to improve
  participants' performance in reading, writing, communication, math,  and
  science.   Academic   credit   may   be  made  available  to  qualifying
  participants for their involvement  and  performance  in  this  program.
  Local  projects  shall be evaluated for credit and recommendations shall
  be made to local schools by the education department.
    10. As a condition of participating in programs  under  this  section,
  each  employment  and  training  provider  shall  establish  cooperative
  relationships for improving linkages with local educational agencies and
  SDAs  which  insure  that  school-based   educational   activities   are
  integrated  with the educational component of the local project as fully
  as possible.
    11. Up to ten percent of the program funds allocated to local projects
  for direct  client  services  may  be  expended  for  support  services,
  provided  that  such  support  services  are  not  available  from other
  federal, state, local, or private resources. Such support services shall
  include day care  which  meets  state  standards,  transportation,  meal
  allowances, and clothing allowances.
    12.  No moneys shall be allocated to the department for support and/or
  direct client services unless the following conditions have been met:  a
  memorandum  of  agreement  has been signed with the education department
  pursuant to this section; and, regulations governing the  selection  and
  implementation   of   local  projects  have  been  issued.  Further,  no
  liabilities shall be assumed  or  moneys  expended  for  support  and/or
  direct client services unless such funding is specified in a contractual
  agreement  with  employment  and  training providers and the educational
  component  of  such  contract  has  been  approved  by   the   education
  department.
    13.  Of  the  total  funds  made  available  for  the payment of local
  projects for in-school youth and out-of-school youth, no more  than  one
  million three hundred forty-nine thousand dollars shall be allocated for
  local  projects administered by service delivery areas. Provided further
  that as a condition of funding under such appropriation, a fifty percent
  match for the amount made available for  local  projects  for  in-school

  youth  shall  be  required from employment and training providers out of
  in-kind services or moneys received through  other  local,  private,  or
  federal  resources;  except  that  a match of those funds designated for
  payment  of participant wages and fringe benefits shall not be required.
  However, fifty percent of the payment of wages and  fringe  benefits  to
  participants in approved vocational exploration or trial work experience
  in  local  projects  for in-school youth administered by SDAs and funded
  under such appropriations shall be subsidized by the SDA out  of  moneys
  received  through  JTPA or its successor program, except that no JTPA or
  successor program  subsidization  of  trial  work  experience  shall  be
  required  if  the SDA shall have otherwise obligated all moneys received
  through JTPA or its successor program, in which case the  SDA  may  meet
  its  obligation  to  subsidize  from  moneys received from any available
  source other than such appropriation. Further, no more than  twenty-five
  percent  of  the payment of wages and fringe benefits to participants in
  on-the-job training in local projects for in-school  youth  administered
  by  SDAs  shall  be  paid  from  funds  made  available pursuant to such
  appropriation and any such funds so used shall be matched by the SDA out
  of moneys received through JTPA or its successor program, unless the SDA
  shall have otherwise obligated all moneys received through JTPA  or  its
  successor program.
    14.  As  a  condition  of  receipt  of  moneys  for payments for local
  projects for in-school youth and out-of-school youth local projects  for
  out-of-school  youth shall give preference to youth who are homeless and
  to adolescent  parents,  provided  such  youth  meet  other  eligibility
  requirements  of  this  program. Employment and training providers under
  this appropriation shall not be required to match moneys made  available
  for local projects for out-of-school youth.
    15. Notwithstanding any other law, rule or regulation to the contrary,
  the  department  shall prepare and submit to the governor, the temporary
  president of the senate, the speaker of the assembly and  the  chair  of
  the   legislative   commission  on  skills  development  and  vocational
  education, an annual evaluation report of this  program  no  later  than
  October  thirty-first  following the end of the program year. The report
  shall  include  a  statement  of  program  objectives  which  identifies
  outcomes  and  indicators  of the effectiveness of the program. It shall
  represent the extent to which program activities meet program objectives
  including, but not limited to, improvements in participants' educational
  competencies and employability skills as measured  by  accepted  testing
  tools.  The  basic  measures  of  performance for projects for in-school
  youth shall be: high school  retention,  attainment  of  a  high  school
  diploma,   enrollment   in   a  post-secondary  educational  program  or
  vocational  skills  training  program,  or  attainment  of  unsubsidized
  employment.   The   basic   measure  of  performance  for  projects  for
  out-of-school  youth  shall  be:  improvement  in  basic  academic   and
  vocational  skills,  return  to high school, attainment of a high school
  equivalency diploma, enrollment in a post-secondary educational  program
  or  vocational  skills  training  program, or attainment of unsubsidized
  employment. The report shall include a separate  count  of  participants
  who  have  participated  in the same program model through more than one
  program  cycle.  A  methodology  shall  be  prescribed  which   requires
  collection   of   post-program   information   on  program  participants
  including, but not limited to, whether a  participant  receives  a  high
  school  degree  or its equivalent and subsequent labor market experience
  for one year following termination from the program, and the  extent  to
  which  the  participant  achieved  outcomes  as defined by the certified
  program model. The report shall  also  describe  the  types  of  support

  services  provided,  levels  of  expenditure,  and  demonstrate how such
  support services improve participant involvement in local projects.
    16.  Notwithstanding  any  other  law,  rule,  or  regulation  to  the
  contrary, including the provisions of the social services law, wages and
  income earned by the participants of  this  program  who  are  receiving
  assistance under the temporary assistance for needy families block grant
  shall  be  exempt  and  disregarded  when  determining the need for such
  assistance in accordance with federal law and regulations or pursuant to
  waiver  of  such  law  and  regulations.  Wages  and  income  earned  by
  participants  in  this program, who are receiving assistance pursuant to
  the safety net assistance program, or under the temporary assistance for
  needy families block grant, or the veterans assistance program, shall be
  exempt and disregarded when determining the need  for  such  assistance.
  Such income and wage exemptions and disregards shall be allowed, if, and
  as long as, federal financial participation is available.
    17. Notwithstanding any other law, rule or regulation to the contrary,
  employment  and  training providers funded through this program shall be
  designated no later than June first of each year. Failure  of  providers
  to  submit  required monthly or fiscal reports to the department without
  waiver for reasonable or unanticipated circumstances shall cause forfeit
  of the program contract  effective  after  sixty  days  notification  to
  providers.