(a) For purposes of determining aid for employment preparation education programs pursuant to Education Law section 3602(24)(a-1), a person shall "fail to demonstrate basic educational competencies" if he or she receives a score or scores in reading, mathematics and/or English as a second language, as follows:

1. (1) reading: a total reading score of 761 or below on the test of adult basic education (TABE) test 5-6 or a total reading score of 566 or below on the TABE test 7-8;
2. (2) mathematics: a total math score of 776 or below on the TABE test 5-6 or a total math score of 565 or below on the TABE test 7-8; and/or
3. (3) English as a second language: a score of 30 or below on the New York State placement (NYSPLACE) test or a score of 57 or below on the oral BEST test; or
4. (4) a comparable score or scores on such other testing instruments that are determined to be compatible with the State Education Department's statewide data reporting system for adult education and approved by the commissioner.

(b) In addition to meeting the requirements of section 168.3 of this Part, relating to program approval, each school district or board of cooperative educational services that chooses to offer employment preparation education programs pursuant to this section shall:

1. (1) assess each prospective student using an acceptable standardized test pursuant to subdivision (a) of this section to determine whether the student fails to demonstrate basic educational competencies;
2. (2) incorporate the number of students, the contact hours and program types in which the students are enrolled into its annual comprehensive plan of service submitted pursuant to section 168.3 of this Part; and
3. (3) maintain records that clearly identify by diploma status the students served and that track each student's contact hours separately.