N.Y. Labor Law § 843: Employer specific skills training

§ 843. Employer specific skills training. 1. The department shall

enter into agreements with the commissioner of education to pay for the

participation of dislocated workers in employer specific short-term

skill training provided by the commissioner of education under the

provisions of the federal Vocational Education Act of 1963.

2. Employers seeking assistance. Employers seeking assistance in

locating the availability of employer specific skills training programs,

or seeking to have such a program developed may apply for assistance by

contacting a regional educational center for economic development. Such

center shall survey existing programs offered by it or through

appropriate substate grantees to identify any which may be suitable to

meet the needs of the applicant. If none is available, the department of

education shall contact local education agencies within the substate

area, and adjacent substate areas, to promote the development of

proposals for programs to be funded through the program.

3. Grant applications by training providers. Training providers may

apply to the commissioner of education for grants to conduct employer

specific skill training programs. Application for grants shall be in a

manner consistent with the application process for business and industry

specific training programs under the federal Vocational Education Act of

1963, and shall be in a form prescribed by the commissioner of

education. Such application shall (a) describe the amount and purposes

for which funding is requested; (b) describe the training services to be

provided, including the duration of training and the estimated training

cost per recipient; (c) show evidence that the proposed training program

will provide appropriate assistance to recipients; (d) describe other

funding sources which may be used for such training; (e) describe the

steps the provider will take to avoid duplication of training available

through existing resources; (f) describe the provider's coordination

with programs and activities funded through the job training partnership

act or other state resources; and (g) such other information as may be

required by the commissioner of education. No grant shall exceed fifty

percent of total program cost.

4. Evaluation of grant applications. The commissioner of education

shall make grant awards based on evaluation of the following criteria,

at a minimum: (a) The provider's past effectiveness in delivering

training programs based on demonstrated performance; (b) ability to

provide participants with the skills necessary to fill available jobs;

(c) the administrative capability to operate such a training program;

(d) cost of the proposed program; (e) where appropriate, evidence that

the provider has made provisions for coordination with other services

available from the department of economic development, the department of

labor, such other state agencies as may be relevant, and local grantees;

and (f) such other factors as the commissioner of education shall deem

appropriate.

5. In the event of a plant closing or substantial layoff as defined in

subdivisions ten and sixteen of section eight hundred thirty-five of

this article, the state education department shall participate in rapid

response activity and make available appropriate resources for training

interventions through the regional education centers for economic

development.

6. In developing projects in response to training needs for dislocated

workers or additional dislocated workers, the commissioner of education

shall approve and fund from this article, only employer specific

training projects that have been certified in writing by the substate

grantee as consistent with the area's substate plan after formal

consultation with the state education department.

7. Funds available under this paragraph shall be allocated to each

region based on a formula which includes the relative number of

unemployed individuals within each region and available plant closing

and substantial layoff data published by the department under the

permanent mass layoff and plant closing statistical series. However,

after March first of each fiscal year, the commissioner of education, in

a manner consistent with applicable federal law and regulations, shall

reapportion any amount of any allocation otherwise due to a region if he

or she determines that such amount cannot be obligated within such

region. Such reapportionment shall be distributed in a manner consistent

with the purposes of this article.