§ 3-04 Employment Placement Rate Review.
RCNY § 3-04
(a)Once every six months, an employment training program which has had sufficient public assistance recipient enrollees to form a cohort, as described herein, shall be subject to an employment placement rate review to determine its continued eligibility for approval, as follows: (1) For vocational training programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. A vocational training program shall pass the employment placement rate review if 40% of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed.
(2)For literacy programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 50. A literacy program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed: (i) For a review conducted in 1996, 10%; (ii) For a review conducted in 1997 or thereafter, 15%.
(3)For job placement programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. A job placement program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed: (i) For a review conducted in 1996, 40%; (ii) For a review conducted in 1997 or thereafter 50%.
(4)For associate's degree and other post-secondary two-year degree programs, the minimum size of a cohort, as defined in 68 RCNY § 3-02, shall be 25. An associate's degree program or other post-secondary two-year degree program shall pass the employment placement rate review if the following percentage of persons in the cohort have secured paid employment at any time following their date of enrollment up to the date the employment placement rate review is completed: (i) For a review conducted in 1996, 25%; (ii) For a review conducted in 1997 or thereafter, 30%.
(5)Where an institution provides more than one type of employment training program, such as a job placement program and a literacy program, OES shall review such programs separately to determine whether each program is subject to and passes the employment placement rate review standards for the relevant program.
(b)Documentation of placement rate: OES shall consider the following evidence to determine placement rate: (1) Acceptable documentation of students engaged in paid employment provided to OES by an employment training program or any other person. Employment training programs shall submit such information by the applicable deadline for the cohort review. For each enrollee or former enrollee, such documentation must contain all of the following information: (i) A recent pay stub, or an original of correspondence from the employer confirming the employment.
(ii)The public assistance recipient's name and social security number.
(iii)The employer's name, address and telephone number.
(iv)The job title, date on which employment started, date on which employment ended (if applicable), and salary, indicating whether it is on an hourly, per diem, weekly, biweekly, or monthly basis.
(c)As evidence of an enrollee's completion, withdrawal or removal from an employment training program, OES shall accept only a copy of an "Attendance and Satisfactory Progress" roster report that was generated by the appropriate OES unit or office and completed by an appropriate officer of the employment training program.
(d)If, after performing the employment placement rate review, OES determines that an employment training program has not placed the required percentage of public assistance recipient enrollees, it shall send the program a "Notice of Intent to Disapprove." This notice shall include a list of those public assistance recipients whose scheduled date of completion was during the period relevant to the employment placement rate review, for whom OES has not received information confirming paid employment, or the closure or rebudgeting of their case.
(e)An employment training program shall have ten days from the date of the "Notice of Intent to Disapprove" to provide notice to OES that it intends to contest the dis- approval.
(f)An employment training program which has filed notice pursuant to paragraph (e) shall have thirty days from the date of the "Notice of Intent to Disapprove" to submit documentation of additional placements, documentation showing that persons who were included in the placement rate review should not have been included, and a written statement explaining any other reasons why it should not be disapproved. Documentation shall be submitted in accordance with the provisions of subdivisions (b) and (c) of this section.
(g)When the employment placement rate review is complete, and OES has considered any materials timely submitted by an employment training program following its receipt of a Notice of Intent to Disapprove, OES shall determine whether the program shall be approved or disapproved. It shall send a "Certificate of Approval Following Employment Placement Review" to those programs which have passed the review, in accordance with the requirements for passing set forth in subdivisions a through c of this section. It shall send a "Notice of Disapproval Following Employment Placement Review" to all other programs that have been reviewed.
(h)A Notice of Disapproval Following Employment Placement Review shall notify the employment training program that it may submit to OES a "Corrective Action Plan" specifying steps that the program will take to attain the required placement rate, as set forth in subdivision a of this section. If OES determines that the Corrective Action Plan is acceptable, it shall send the program a "Certificate of Conditional Approval". Such Certificate shall not take effect until 90 days after the date of Notice of Disapproval Following Job Placement Review. Until the Certificate of Conditional Approval takes effect, the program shall be suspended. Notwithstanding any provision of this paragraph, a program shall not be suspended based on the results of the first Employment Placement Review of the program following the effective date of these rules, if it has submitted a Corrective Action Plan which has been approved by OES.
(i)A Certificate of Conditional Approval shall remain in effect until the next time an employment training program has undergone an employment placement rate review. While a Certificate of Conditional Approval is in effect, OES shall limit the number of public assistance recipients for whom it approves training-related expenses to participate in the program. The maximum number shall be the greater of: (i) 25 recipients, or (ii) 10% of the number of public assistance recipients whose placement rate was evaluated during the employment placement rate review.
(j)A Certificate of Approval Following an Employment Placement Rate Review shall remain in effect until OES has completed a new employment placement rate review and issued a new Certificate of Approval or a Notice of Disapproval Following Employment Placement Rate Review.
