N.Y. Comp. Codes R. & Regs. tit. 8, § 168.3 – Program approval requirements.

(a) Each school district or board of cooperative educational services intending to operate an employment preparation education program in accordance with Education Law, section 3602(24), shall submit to the department a comprehensive plan of service application, in a form prescribed by the department, for approval of such program. Such comprehensive plan of service shall include a budget by program component, together with an evaluation of effectiveness of program components, as well as other information prescribed by the department. Such comprehensive plan of service shall be submitted to the department not later than May 15th, except that for programs to be operated in the 1995-96 school year, the comprehensive plan of service application shall be submitted not later than August 4, 1995. The commissioner may excuse the late filing of such an application upon a finding that unusual circumstances provide good cause for such late submittal. By June 30th and upon evaluation of the comprehensive plan of service application, the commissioner shall notify school districts and BOCES of those portions of such plans of service that will be aidable in the school year ahead, except that for programs to be operated in the 1995-96 school year, the comprehensive service plan application will be approved within 45 days of the submittal deadline. Approval shall be based on criteria established by the department, including a determination that approval of such programs will assure maximum effectiveness, geographic availability and lack of duplication of such programs, support for educational initiatives and priorities identified by the department, and compliance with required program and fiscal reporting requirements. For programs operated in Department of Correctional Services' facilities, only programs providing instruction where such instruction is not funded by the Department of Correctional Services shall be approved, to assure maximum effectiveness and lack of duplication. No aid shall be payable unless the program is approved by the Commissioner of Education. Comprehensive plans of service may be amended in accordance with forms and procedures and at times established by the department. Evaluation of program effectiveness shall be demonstrated through reports and assessments prescribed by the department. Such reports will include a final comprehensive program effectiveness and achievement report and a self-assessment and compliance review.
(b) In order to obtain the approval of the department for employment preparation education programs other than regular credit-bearing high school courses, the governing body of the school district or board of cooperative educational services shall assure in its application that:
1. (1) a curriculum developed or approved by the department is to be used;
2. (2) instruction is individually prescribed and paced in each class;
3. (3) individual student folders are easily accessible to students and teachers, and include information concerning registration, attendance, testing, and individual program needs;
4. (4) no class register exceeds 20 students;
5. (5) classes operate at least 6 but not more than 20 hours per week, unless otherwise approved by the commissioner;
6. (6) at least 150 hours per year of total instruction are made available to individual students;
7. (7) professional staff members serving in the employment preparation education programs take at least 5½ hours of staff development training related to the development and organization of such programs for adults;
8. (8) English-speaking students are given entrance tests in reading and mathematics to determine their approximate skill level;
9. (9) English-speaking students in need of basic education are provided instruction in reading, mathematics, oral and written communication, and life skills;
10. (10) English-speaking students are given standardized achievement tests which report scores in grade equivalents and which have forms for retesting at required intervals, or other such instruments approved by the commissioner;
11. (11) students with limited English proficiency are given placement tests prior to placement in an appropriate level of the instructional program;
12. (12) students with limited English proficiency are provided instruction in listening, reading, mathematics, oral and written communication, and life skills;
13. (13) students with limited English proficiency are given achievement tests specifically designed for such students, or other such instruments approved by the commissioner;
14. (14) students do not begin instruction specifically designed to prepare them for the high school equivalency examination unless they read at an 8.0 grade level as measured by a standardized reading test;
15. (15) students preparing for the high school equivalency examination are given diagnostic tests to determine the specific instruction needed to attain the minimum score to qualify for a New York State high school equivalency diploma, and are provided such instruction;
16. (16) students preparing for the high school equivalency examination are referred to that test when they demonstrate readiness as indicated by an appropriate assessment;
17. (17) students with needs other than basic education, high school equivalency examination preparation, and English as a second language, are provided appropriate instruction, such as bilingual instruction, as authorized by the commissioner; and
18. (18) all students are tested at intervals necessary to determine status and progress.
(c) Approval may be granted for a variance from standards set forth in subdivision (b) of this section upon a finding by the commissioner that the requirements of that subdivision will be substantially met.