§ 3032. Teacher summer business training and employment program; and
employer specific skill training grant program. 1. Definitions. (a)
"Regions" for the purposes of this section means regions as established
by the commissioner pursuant to the provisions of the vocational
education act.

(b) "Local education agencies" for the purposes of this section means
school districts, boards of cooperative educational services, community
colleges, agricultural and technical colleges, state university of New
York college of technology and centers for advanced technology
designated pursuant to section three thousand one hundred two-a of the
public authorities law, and other postsecondary providers of career
education as set forth annually by the commissioner as eligible
recipients under the federal vocational education act of nineteen
hundred eighty-four.

(c) "Total employment cost" means salary or wages paid directly to
each teacher participating and associated fringe benefits which accrue
to each teacher in the teacher summer business training and employment
program.

2. Allocations. The commissioner shall allocate the lesser of forty
thousand dollars or one percent of the total appropriation for the
purposes of this section to each region for administering and conducting
employer specific skill training and employment programs and the
remainder of such appropriation shall be allocated to each region for
the administration and support of teacher summer business training and
employment programs based on the proportion of the base year full time
teachers in the public schools of all school districts and boards of
cooperative educational services within the region to the total of such
teachers in the state, provided however, that each region shall receive
at least five percent of the allocation for such purposes and provided
further that the cost due to such five percent allowance shall be
proportionally borne by the regions not so affected. Use of funds for
administration of the summer business training and employment programs
shall not exceed six percent of the allocation to a region.

3. Teacher summer business training and employment program. (a) In any
case in which a business or industry within the state shall employ
during the months of July and August a teacher of mathematics,
chemistry, biology, earth science, physics, computer science, career
education or an elementary specialist in the area of mathematics or
science or commencing July first, nineteen hundred eighty-five, a
teacher of other subject areas as the commissioner may deem appropriate,
the state will assist employers with costs associated with approved work
experience for such teachers. Such business or industry shall request
that the chief administrative officer of the school district or board of
cooperative educational services employing such teacher during the same
school year as such business or industry employment occurs, certify to
the commissioner that the summer work experience involved will directly
benefit the individual's effectiveness as a teacher of mathematics,
chemistry, biology, earth science, physics, computer science, career
education, or other subject areas as the commissioner may deem
appropriate. If such chief administrative officer so certifies, then
such officer shall also file the request with the local education agency
designated by the commissioner for pre-approval for funding under this
program in the applicable region. The commissioner shall not approve any
requests for approval that would result in the maximum allocation for
the applicable region being exceeded. No approval shall be given except
for the lesser of thirty per centum of the total employment cost or one
thousand dollars per employed teacher. The remainder of such costs shall
be borne by the business employer involved. Participation in this
program shall be at the option of each school district or board of
cooperative educational services.

(b) Such requests for pre-approval and certifications shall be on a
form prescribed by the commissioner. Such form shall include but not be
limited to certification of the employer regarding work to be performed
by the teacher, wages, hours, and the certification of the chief
administrative officer of the school district or board of cooperative
educational services as the case may be, as prescribed in this
subdivision.

(c) The local education agency designated by the commissioner shall be
authorized to submit a claim to the commissioner for an amount of money
equal to eighty percent of the anticipated expenditure, based upon the
requests for pre-approval and certification received. If the
commissioner approves, he shall pay that amount to such local education
agency within thirty days of the receipt of such claim.

(d) Upon completion of such employment, the participating business or
industry shall certify to the local education agency designated by the
commissioner the identity of the employee, the wages actually paid, the
hours worked and the period in which such hours were worked and shall
assess such local education agency for thirty per centum of such salary
and wage not to exceed one thousand dollars per employed teacher. If the
commissioner approves, he shall reimburse such local education agency
upon receipt of a claim pursuant to this section as provided by law the
amount of money equal to the difference between the monies paid to the
local education agency pursuant to paragraph (c) of this subdivision and
the actual approved expenditure. If the monies paid to the local
education agency pursuant to paragraph (c) of this subdivision exceeds
the actual approved expenditure, the local education agency shall
reimburse that difference to the commissioner.

(e) The commissioner shall monitor implementation of programs,
evaluate progress, and require reports. Any funds allocated to a region
but not committed for the purposes of this subdivision by September
fifteenth of the current year shall be reallocated by the commissioner
for the purposes of subdivision four of this section.

4. Employer specific skill training grant programs. (a) Employer
specific skill training grant programs shall be designed to support,
supplement and contribute to the expansion and maintenance of the
economy of the state. Local education agencies shall apply to the
commissioner for grants for conducting employer specific skill training
programs. Application for funds by local education agencies for training
programs shall be in a manner consistent with the application process
for business and industry specific training programs under the
vocational education act of 1963 and the job training partnership act;
the sum of such grants per region shall not exceed the total funds
allocated or reallocated to the region for such purposes. Such programs
shall provide retraining and upgrading to existing or potential
personnel in order to improve technology, quality control, production
efficiency, or to adapt to other changes in the labor market, or to
provide unique training programs to meet the emerging needs and
occupations of the state's business and industry or providing training
to individuals to promote the successful management and/or operation of
a worker owned cooperative or an employee stock ownership plan or
employee-owned enterprises, as defined in subdivision five of section
eighteen hundred thirty-six-b of the public authorities law, by such
employees. No grant shall exceed fifty per centum of the total program
cost. Eligible program cost may include employer wages paid to the
employee for time spent in the training program. Applications for a
grant by local education agencies shall be in a form prescribed by the
commissioner.

(b) By October first, nineteen hundred eighty-six the department of
education, the department of commerce, and the urban development
corporation shall enter into cooperative agreements to promote more
effective coordination of employer specific training programs with
regional economic development strategies and other activities conducted
by the department of commerce, the urban development corporation and
other state, regional, and local agencies intended to promote economic
development. In preparing these agreements the parties to the
cooperative agreements shall solicit comments from the regional economic
development councils, regional education center for economic development
coordinating committees, technology development councils, private
industry councils and other appropriate entities within the regions as
identified by the commissioner, the commissioner of commerce, or the
chairman of the urban development corporation. Such cooperative
agreements shall be reviewed and revised annually.

(c) The commissioner shall monitor implementation of programs,
evaluate progress, and require reports as needed.

(d) If any funds allocated to a region are not committed for the
purposes of this subdivision by November fifteenth, the commissioner may
reallocate some or all of such funds to another region.

5. Additional employer specific skills training grants. The additional
appropriation for the purposes of this subdivision for administering and
conducting employer specific skills training programs shall be allocated
as follows: (a) thirty percent shall be allocated equally among the
regions; and (b) seventy percent shall be allocated among the regions
based upon the proportion of unemployed persons within the region to the
total number of unemployed persons in the state for the most recent
calendar year as determined by the state department of labor using the
civilian non-instructional population sixteen years of age or older
labor series. Not less than twenty percent of the additional allocation
to each region pursuant to this paragraph shall be available for
training programs which will provide placements for persons who are
economically disadvantaged or dislocated workers as defined pursuant to
the federal job training partnership act. If any money allocated to a
region pursuant to this paragraph is not committed by March first of
each year or is committed prior to March first and is subsequently found
to be unnecessary for expenditure to meet existing contractual
obligations, the commissioner shall reallocate such funds to approved
programs including but not limited to those programs which serve
economically disadvantaged or dislocated workers in regions eligible
pursuant to this paragraph.

6. Annual report. Annually, on or before January first of each year,
the commissioner shall report to the governor, the temporary president
of the senate and speaker of the assembly and chairpersons of the
appropriate committees on the impact of this program. Such report shall
include but not be limited to:

(a) The allocation of funding among the regions pursuant to this
section.

(b) The amount of funding that was made available by each region for
reallocation pursuant to this section. Such amount shall include
separately the amount made available due to the region's inability to
encumber available funds and the amount made available due to the
overestimation of projected program costs.

(c) The amount of funding that was expended by each region for
administrative activities.

(d) The allocation of funding among the regions providing for employer
specific skills training grant programs which are administered by the
department and funded through other sources including, but not limited
to, the federal vocational education act and the federal job training
partnership act and the extent to which such funds are combined with the
funds appropriated pursuant to this section to provide funding for
individual projects.

(e) The participation, completion, and placement rate of individuals
enrolled in employer specific skills training grant programs
administered by the department and funded pursuant to this section and
through other available sources of funding, with particular emphasis on
the rates for individuals who are economically disadvantaged or
dislocated workers.

(f) A description and evaluation of programs undertaken pursuant to
the cooperative agreements required under this section.

7. The commissioner shall adopt rules and regulations to implement the
provisions of this section. Rules and regulations governing the employer
specific skills training program established pursuant to this section
shall be promulgated by the commissioner, assisted by the commissioner
of economic development and in consultation with the department of
economic development. Such rules and regulations shall be consistent
with the program plan required by subdivision nineteen of section one
hundred of the economic development law.