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New York Labor Law Section 42 - Youth Education, Employment And Training Program.Legal Research Home > New York Lawyer > Labor > New York Labor Law Section 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 aid to dependent children program or its successor
program or programs, or under the temporary assistance for needy
families with children 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 home relief program or its
successor program or programs, or under the temporary assistance for
needy families with children 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.
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Last modified: July 30, 2006 |