N.Y. Comp. Codes R. & Regs. tit. 8 § 164.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 164.1 - Temporary apportionment for adult basic education programs for recipients of public assistance

(a) Scope of section. The purpose of this section is to establish standards for the best possible use of funds made available by the Legislature to provide financial assistance to school districts and boards of cooperative educational services (BOCES), for the operation of adult basic education and literacy programs for recipients of public assistance who are at least 16 years of age, are not enrolled in a regular school program and have educational needs associated with poverty.

(b) Applications.

(1) Each school district and BOCES applying for a grant under this Part shall submit a formal request on forms provided by the department. Such requests shall be submitted not later than June 1st of each year for programs to be conducted during the following school year, except that for programs to be conducted during the 1988-89 school year only, school districts and BOCES shall submit such requests by a date to be prescribed by the commissioner. The commissioner may grant a variance from this time limit upon a finding that there are extraordinary circumstances which justify the delay in submitting a request.

(2) The application shall set forth the following information with respect to each program for which a grant is requested:

(i) The number of adult recipients of public assistance who are at least 16 years of age and are not enrolled in a regular school program, to be benefited by the proposed program.

(ii) A description of any existing adult basic education program operated by the school district or BOCES, and a projection of the number of adults to be served by the program.

(iii) A description of the proposed program, including the qualifications of the full- or part-time professional and auxiliary staff, the facilities to be used, the equipment and materials to be provided, the manner in which the program is to be administered and supervised, the number of hours of classroom instruction to be provided, and the planned enrollment of students in the program.

(iv) The proposed budget for the program, indicating in detail the manner in which funds are expected to be received and disbursed, including all funds used in connection with this Part whether appropriated by the State Legislature to carry out the purposes of this program, or otherwise appropriated or provided by the local government or public agency, private persons or organizations, or the school district or BOCES itself.

(v) A plan developed by the school district or BOCES, in consultation with the appropriate social services district, that describes the arrangements for serving public assistance recipients referred to the school district or BOCES by the social services district and for referring appropriate public assistance recipients to the social services district's comprehensive employment program.

(vi) Any other information required by the department relative to the planning, administration, funding or evaluation of the program.

(c) Approval of application. Each eligible agency applying for a grant under this section will be notified by the department, within a reasonable period of time after the receipt of its application, of the commissioner's approval or disapproval of its application in accordance with this subdivision. No school district or BOCES program application shall be approved unless such application meets the requirements of subdivision (b) of this section and the proposed program meets the following criteria:

(1) Each program shall provide for a minimum of 150 hours of classroom instruction, to be offered for at least six hours per week.

(2) Each class shall consist of at least 10, but not more than 20 pupils.

(3) A standardized reading test shall be administered to all potential English-speaking enrollees in the program.

(4) An oral placement test shall be administered to all non-English-speaking potential enrollees in the program.

(d) Use of funds.

(1) Funds appropriated for the purposes of this section shall be apportioned to each school district or BOCES whose application has been approved by the commissioner.

(2) School districts and BOCES which receive an allocation of funds appropriated for the purposes of this section shall use such funds in accordance with the plan for serving and referring public assistance recipients developed pursuant to subparagraph (b)(2)(v) of this section.

(3) An eligible agency may use the funds to:

(i) operate an adult basic education program for public assistance recipients, including but not limited to an English-as-a-second-language program, high school equivalency program, life skills program, or a program leading to a secondary credential which employs nontraditional modes of instruction, as defined in section 168.2(d) of this Title;

(ii) match existing local funds for purposes of operating an adult basic education program for public assistance recipients; or

(iii) enter into a consortium with other school districts, BOCES or not-for-profit organizations to provide an adult basic education program for public assistance recipients;

(iv) payment of all or any part of a grant may be suspended or terminated by the commissioner if a school district or BOCES fails to comply with the provisions of the Education Law, with this section, or with any other applicable law or regulations; or if the commissioner finds that the adult basic education program for public assistance recipients is not being implemented or administered in a satisfactory manner or is failing substantially to effectuate the purpose of the grant; and

(v) nothing in this section shall be construed to prevent the use of funds obtained from other sources in the planning, execution or evaluation of programs.

(e) Facilities. School districts and BOCES may make use of existing indoor and outdoor facilities of a school district or BOCES and of other appropriate community facilities approved by the commissioner. A portion of the grant may be used to rent facilities deemed essential to achieve the objectives of the program.

(f) Supervision and evaluation.

(1) All projects for which funds are allocated pursuant to this section shall be subject to the general supervision of the commissioner, who shall have the right to examine the facilities, operation and records relating to such program at any time.

(2) Individual records shall be maintained for each adult participating in any such program, including attendance, an assessment of the success of the program with respect to the pupil, and other pertinent information.

(3) Financial records shall be maintained, and a report of expenditures submitted to the department no later than July 31st next following the close of each school year.

(4) School districts and BOCES which receive funds pursuant to this section shall submit a report to the department by February 15th of each school year and a final report by August 15th next following the close of each school year beginning August 15, 1989. Such reports shall be in a form prescribed by the commissioner and shall include, but not be limited to, the number of public assistance recipients served by age, by various indicators of achievement, and by services received. Each eligible agency shall submit such additional reports as may be required by the commissioner.

(g) Education for Gainful Employment (EDGE) Program. Application for grants for adult basic education and literacy programs which are designated by the commissioner to support activities under the Education for Gainful Employment Program for temporary assistance to needy families shall meet all the requirements of this section except:

(1) degree-granting institutions and public and private not-for-profit agencies which include but are not limited to school districts, boards of cooperative educational services (BOCES), community based organizations, literacy volunteer organizations, and libraries shall be eligible to receive awards;

(2) the commissioner shall approve programs designed to assist those eligible for temporary assistance to needy families services, including, but not limited to, child care, case management, assessment, counseling, transportation, occupational education and training, work experience and training for employment readiness;

(3) the building, rooms or space in which staff and students are housed for any purpose while attending school, and all facilities and equipment therein, shall meet the standards for school purposes of local fire, health and building authorities;

(4) the date for submission of applications for awards to offer EDGE-related education programs for public assistance shall be no later than October 1st of the year in which application is made.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 164.1