1. (a) Except as otherwise provided in subdivision (b) of this section, in order to be approved by the commissioner to operate a workplace literacy program pursuant to article 103 of the Education Law and this Part, an eligible agency shall:

   1. (1) provide a statement from a public or certified public accountant that its fiscal procedures are consistent with standard fiscal practices;
   2. (2) have engaged in consultation and cooperative arrangements with other public and private agencies for the delivery of programs and/or services;

   3. (3) use instructional facilities which meet the following requirements:

      1. (i) heating, lighting and ventilation of instructional facilities shall be conducive to learning;
      2. (ii) fire and liability insurance shall be provided for all facilities; and
      3. (iii) the buildings, rooms or space in which staff and students are housed for any purpose while attending a school, and all facilities and equipment therein, shall meet the standards for school purposes of local fire, health and building authorities;

   4. (4) have a faculty a majority of whom have at least two years' experience in teaching basic skills and each of whom:

      1. (i) has received an appropriate baccalaureate or higher degree awarded upon completion of an approved college program; and
      2. (ii) has completed educational preparation at least equal to that required of teachers of equivalent curricula or courses in public secondary schools; and
   5. (5) maintain appropriate and accurate administrative, financial, and student records, as well as any other records that may be required by the commissioner.
2. (b) The commissioner may grant a variance from the requirements of subdivision (a) of this section for any eligible agency that contracts with an approved not-for-profit educational agency for the operation of the workplace literacy programs based upon a showing that such requirements have been substantially met.
3. (c) To be eligible for approval, the program application shall demonstrate that the basic skills or English-as-a-second-language instruction provides an academic foundation for the skills needed for an occupation, but does not include training in the occupational skills themselves.

Each eligible agency which applies for a grant 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.