[Excerpt from Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994
/ 45815 (amendments to JTPA regulations)]
2. Part 628 is revised to read as follows:
PART 628--PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP
ACT
Subpart A--Scope and Purpose
Sec.
628.100 Scope and purpose of part 628.
Subpart B--State Planning
628.200 Scope and purpose.
628.205 Governor's coordination and special services plan.
628.210 State Job Training Coordinating Council.
628.215 State Human Resource Investment Council.
Subpart C--State Programs
628.300 Scope and purpose.
628.305 State distribution of funds.
628.310 Administration.
628.315 Education coordination and grants.
628.320 Services for older individuals.
628.325 Incentive grants, capacity building and technical
assistance.
Subpart D--Local Service Delivery System
628.400 Scope and purpose.
628.405 Service delivery areas.
628.410 Private Industry Council.
628.415 Selection of SDA grant recipient and administrative entity.
628.420 Job training plan.
628.425 Review and approval.
628.426 Disapproval or revocation of the plan.
628.430 State SDA submission.
Subpart E--Program Design Requirements for Programs Under Title II of
the Job Training Partnership Act
628.500 Scope and purpose.
628.505 Eligibility.
628.510 Intake, referrals, and targeting.
628.515 Objective assessment.
628.520 Individual service strategy.
628.525 Limitations.
628.530 Referrals of participants to non-title II programs.
628.535 Limitations on job search assistance.
628.540 Volunteer program.
628.545 Linkages and coordination.
628.550 Transfer of funds.
Subpart F--The Adult Program
628.600 Scope and purpose.
628.605 Eligibility.
628.610 Authorized services.
Subpart G--The Summer Youth Employment and Training Program
628.700 Scope and purpose.
628.701 Program goals and objectives.
628.702 Enriched Educational Component.
628.703 Private Sector Summer Jobs.
628.704 Eligibility.
628.705 SYETP authorized services.
628.710 Period of program operation.
Subpart H--Youth Training Program
628.800 Scope and purpose.
628.803 Eligibility.
628.804 Authorized services.
Authority: 29 U.S.C. 1579(a).
Subpart A--Scope and Purpose
Sec. 628.100 Scope and purpose of part 628.
(a) This part sets forth requirements for implementation of
programs under title II of the Job Training Partnership Act, and
includes the councils described in subpart B that have responsibilities
under titles I, II, and III. In this part, the provisions generally
pertaining to title II are covered in subparts B, C, D, and E. Matters
specific to titles IIA, II-B, or II-C are addressed in subparts F, G,
or H, respectively.
(b) Title II-A Adult Training programs are to prepare adults for
participation in the labor force by providing job training and other
services that will result in increased employment and earnings,
increased occupational and educational skills, reduced welfare
dependency, and result in improved long-term employability.
(c) Title II-B Summer Youth Employment and Training programs are to
provide eligible youth with exposure to the world of work, to enhance
the basic education skills of youth, to encourage school completion or
enrollment in supplemental or alternative school programs and to
enhance the citizenship skills of youth.
(d) Title II-C Youth Training programs are to improve the long-term
employability of youth; to enhance the educational, occupational and
citizenship skills of youth; to encourage school completion or
enrollment in alternative school programs; to increase the employment
and earnings of youth; to reduce welfare dependency; and to assist
youth in addressing problems that impair their ability to make
successful transition from school to work, to apprenticeship, to the
military or to postsecondary education and training.
Subpart B--State Planning
Sec. 628.200 Scope and Purpose.
This subpart provides requirements for the submission of the
Governor's Coordination and Special Services Plan, as well as the
procedures for plan review. This subpart also contains requirements for
the composition and responsibilities of the State Job Training
Coordinating Council and the State Human Resource Investment Council.
Sec. 628.205 Governor's coordination and special services plan.
(a)(1) Submittal. By a date established by the Secretary, each
State seeking financial assistance under the Act shall submit to the
Secretary, biennially, the Governor's coordination and special services
plan (GCSSP) encompassing two program years (section 121(a)).
(2) The GCSSP shall address the requirements of section 121(b) of
the Act, including a description of the Governor's coordination
criteria; the measures taken by the State to ensure coordination and
prevent duplication with the Job Opportunities and Basic Skills (JOBS)
program; the certification of the implementation of the procurement
system, as required at section 164(a)(6) of the Act; the technical
assistance and training plan; goals, and the efforts to accomplish such
goals, for the training and placement of women in nontraditional
employment and apprenticeship; the projected use of resources,
including oversight of program performance; program administration;
program financial management and audit resolution procedures; capacity
building; priorities and criteria for State incentive grants; and
performance goals for State supported programs (section 121(b)).
(b) GCSSP review. The Secretary shall review the GCSSP for overall
compliance with the provisions of the Act. If the GCSSP is disapproved,
the Secretary shall notify the Governor, in writing, within 45 days of
submission of the reasons for disapproval so that the Governor may
modify the plan to bring it into compliance with the Act (section
121(d)).
(c) Information to SDA's. (1) In the year preceding the program
years for which the plan is developed, the State shall make available
to the SDA's in the State information on its plans to undertake State
activities in program areas including education coordination grants,
services to older workers, and capacity building.
(2) The information described in paragraph (c)(1) of this section
shall be provided to SDA's in sufficient time for SDA's to take it into
consideration in developing local job training plans.
Sec. 628.210 State Job Training Coordinating Council.
(a) The Governor shall appoint a State Job Training Coordinating
Council (SJTCC) pursuant to section 122 of the Act. In lieu of a SJTCC,
the Governor may establish and utilize a State Human Resource
Investment Council (HRIC) pursuant to section 701 of the Act and in
accordance with Sec. 628.215 of this part.
(b) Consistent with section 122(a)(3) of the Act, the SJTCC shall
be composed as follows: 30 percent, business and industry
representatives; 30 percent, State and local government and local
education agency representatives; 30 percent, organized labor and
community-based organization representatives; and 10 percent,
representatives from the general public. The SJTCC shall have the
specific functions and responsibilities outlined in sections 122, 317,
and 501 of the Act.
(c) Funding for the SJTCC shall be provided pursuant to sections
202(c)(1)(A) and 262(c)(1)(A) of the Act.
(d) The SJTCC shall:
(1) Analyze the SDAs' reports made pursuant to section 104(b)(13)
of the Act and make recommendations for technical assistance and
corrective action, and
(2) Prepare a summary of such reports and disseminate them to SDA's
and service providers in the State and to the Secretary (section
122(a)(5) and (6)).
Sec. 628.215 State Human Resource Investment Council.
(a) Establishment and responsibilities. The State may, in
accordance with sections 701, 702, and 703 of the Act, establish a
State Human Resource Investment Council (HRIC). The HRIC's
responsibilities are described at section 701(a) of the Act. The HRIC
shall carry out the following responsibilities:
(1) Review the provision of services and the use of funds and
resources under applicable Federal human resource programs and advise
the Governor on methods of coordinating such provision of services and
use of funds and resources consistent with the laws and regulations
governing such programs;
(2) Advise the Governor on the development and implementation of
State and local standards and measures relating to applicable Federal
human resource programs and coordination of such standards and
measures; and
(3) Carry out the duties and functions prescribed for existing
State councils described under the laws relating to the applicable
Federal human resource programs, including the responsibilities of the
State Council on Vocational Education (SCOVE) under Section 112 of the
Carl D. Perkins Vocational and Applied Technology Education Act.
(4) Perform other functions as specified by the Governor (section
701).
(b) Applicable Programs. For the purposes of this section, the
programs included are those listed at section 701(b)(2) of the Act. A
program shall be included only if the Governor and the head of the
State agency responsible for the administration of the program jointly
agree to include such program. In addition, programs under the Carl
Perkins Vocational and Applied Technology Act shall require the
agreement of the State council on vocational education (section
701(b)(1)(B)).
(c) Composition. (1) The Governor shall establish procedures to
ensure appropriate representation on the HRIC from among the categories
of representation specified in section 702 of the Act.
(2) In addition, when the functions and responsibilities of the
SCOVE are included on the HRIC, the Governor is encouraged to consider
appointing the State Director for Vocational Education as a
representative on the HRIC.
(d) Funding. (1) Funding to carry out the functions of the HRIC
shall be available pursuant to section 703(a) of the Act.
(i) The costs associated with the operation of the HRIC should be
allocated among the various funding sources based on the relationship
of each funding source or program to total spending of all applicable
funding sources and programs (section 703(d)).
(ii) Costs of the HRIC that are in excess of costs paid by funds
from participating State agencies are, subject to the availability of
funds from applicable JTPA sources, allowable JTPA costs (section
703(a) and (d)).
(2) A HRIC which meets the requirements of title VII and includes
each of the programs listed at section 701(b)(2)(A) of the Act shall be
authorized to use JTPA State Education Coordination and Grants funds
(section 123(a)(2)(D)(ii)).
(e) Replacement of other councils. A HRIC meeting the requirements
of title VII of the Act shall replace the councils of the participating
programs listed at section 701(b)(2)(A) of the Act.
(f) Expertise. The Governor shall ensure that in the composition of
the HRIC and the staff of the HRIC there exists the proper expertise to
carry out the functions of the HRIC and the council(s) it replaces
(sections 702(c)(2) and 703(b)).
(g) Certification. Each State, as part of the certification process
to the Secretary, shall ensure that the council meets the requirements
of sections 701, 702, and 703. This certification shall be made in
writing and submitted to the Secretary, with a copy provided to the
Secretary of Education, at least 90 days before the beginning of each
period of 2 program years for which a job training plan is submitted
under the Act.
Subpart C--State Programs
Sec. 628.300 Scope and purpose.
This subpart provides requirements for the State-operated programs
including the education coordination and grants, services to older
workers, and incentive grants to SDA's and grants to SDA's for capacity
building and technical assistance.
Sec. 628.305 State distribution of funds.
(a) The funds made available to the Governor under sections 202(c)
and 262(c) of the Act shall be used to carry out activities and
services under this subpart.
Sec. 628.310 Administration.
Funds provided to the Governor under sections 202(c)(1)(A) and
262(c)(1)(A) of the Act may be used for overall administration,
management, oversight of program performance; technical assistance to
SDA's failing to meet performance standards, as described in section
106(j)(1) of the Act; auditing; and activities under sections 121 and
122 of the Act.
Sec. 628.315 Education coordination and grants.
(a) Governor's responsibilities. The Governor shall allocate funds
available pursuant to sections 202(c)(1)(C) and 262(c)(1)(C) of the Act
to any State education agency. For the purposes of this section,
"State education agency" shall not include the State agency which
administers the JTPA program within the State or other agencies which
do not have education as a primary and operational function, such as
correctional agencies, although this limitation shall not preclude such
an agency from being an ultimate subrecipient of funds (section
123(a)(1)).
(b) Agreements. (1) The State education agency to be allocated
funds under section 123(a)(1) of the Act shall participate in joint
planning activities with the Governor in order to develop a plan which
shall be submitted in the GCSSP (section 123(c)).
(2) The Governor and the State education agency shall jointly agree
on the plan required in paragraph (b)(1) of this section, which shall
include a description of the agreements described in paragraph (b)(3)
of this section (section 123(c)).
(3) Projects to undertake the activities set forth in section
123(a)(2) shall be conducted in accordance with agreements between the
State education agency(ies) and administrative entities in service
delivery areas in the State. The agreements may include other entities
such as State agencies, local education agencies and alternative
service providers (section 123(b)(1)(B)).
(4)(i) When there is a failure by the State education agency and
the Governor to develop the joint plan described in paragraph (b)(2) of
this section, the Governor shall not allocate funds under section
123(a)(1) to such education agency nor shall such funds be available
for expenditure by the Governor (section 123(c)).
(ii) When no State education agency accepts the allocation of funds
under section 123(a)(1), or when there is a failure to reach the
agreement(s) specified in paragraph (b)(3) of this section, the funds
may only be used by the Governor pursuant to section 123(e) and in
accordance with the GCSSP (section 123(e)).
(c) Allowable activities. (1) Funds made available for education
coordination and grants under section 123 of the Act shall be used to
pay the Federal share of education coordination and grants projects
(section 123(a)(2)).
(2) Projects, as defined at section 123(a)(2)(A), (B), and (C) of
the Act shall be conducted for eligible individuals and should include
those which:
(i) Provide school-to-work services of demonstrated effectiveness,
including youth apprenticeship programs;
(ii) Provide literacy and lifelong learning opportunities and
services of demonstrated effectiveness, including basic education and
occupational skills training; and
(iii) Provide statewide coordinated approaches to education and
training services, including model programs, designed to train, place,
and retain women in nontraditional employment (section 123(a)).
(3) Projects for coordination of education and training may also be
conducted which may include support activities pertaining to the HRIC
which meets the requirements of title VII.
(d) Expenditure requirements. (1)(i) At least 80 percent of the
funds allocated under section 202(c)(1)(C) and section 262(c)(1)(C) of
the Act shall be expended to pay for the Federal share of projects
described in paragraph (c)(2) of this section (section 123(d)(2)(B)).
(ii) The Governor shall assure that not less than 75 percent of the
funds expended for such projects are expended for projects for eligible
economically disadvantaged participants who experience barriers to
employment. For purposes of meeting this requirement, participants
meeting the conditions of section 263(a)(2)(B) and (C) and (g) of the
Act may be considered economically disadvantaged (section
123(d)(2)(C)).
(iii) Priority for funds not expended for the economically
disadvantaged shall be given to title III participants and persons with
barriers to employment.
(iv) The Governor may assure compliance with the requirement to
serve participants with barriers to employment by targeting projects to
particular barrier groups (e.g., school dropouts).
(2) Not more than 20 percent of funds allocated under section
202(c)(1)(C) of the Act may be expended to:
(i) Facilitate coordination of education and training services for
participants in the projects described in section 123(a)(2)(A), (B) and
(C), or
(ii)(A) Support activities pertaining to a HRIC that meets the
requirements of Sec. 628.215 of this part, or
(B) Support activities pertaining to a State council which carries
out functions similar to those of a HRIC if such council was
established prior to July 1, 1992.
(e) Contribution. (1) Except as provided in paragraph (e)(3) of
this section, the State shall provide for the contribution of funds,
other than the funds made available under this Act, of a total amount
equal to the amounts allotted under Section 123;
(2) The Governor shall define and assure the provision of adequate
resources by the State to meet the requirements of paragraph (e)(1) of
this section. Such amount may include the direct cost of employment and
training services provided by other Federal programs or agencies if
such use for matching is in accordance with the applicable Federal law
governing the use of such funds.
(3) When there is a failure to reach agreement between the State
education agency and the administrative entity in the service delivery
area, as set forth in paragraph (b)(3) of this section, the requirement
for the contribution of funds shall not apply.
(f) Eligible youth, age 14 through 15, may be served in the program
under this section to the extent set forth in the agreements under
paragraph (b)(3) of this section.
Sec. 628.320 Services for older individuals.
(a) Consultation. (1) The Governor shall consult with the
appropriate PIC's and chief elected official(s) prior to entering into
agreements to provide services under section 204(d) and to assure that
services provided to participants under section 204(d) are consistent
with the programs and activities provided in the SDA to eligible older
participants.
(2) The GCSSP shall specify the process for accomplishing the
consultation required by paragraph (a)(2) of this section.
(b) Funds available under section 204(d) shall be used by the
Governor to provide services on an equitable basis throughout the
State, taking into account the relative share of the population of
eligible older individuals residing in each SDA and the participation
of such older individuals in the labor force.
(c) Delivery of services. (1) Services to participants eligible
under section 204(d) shall be delivered through agreements with SDA's,
private industry councils, public agencies, private nonprofit
organizations (including veterans organizations) and private-for-profit
organizations.
(2) Priority for delivery of services under this section shall be
given to agencies and organizations which have a demonstrated
effectiveness in providing training and employment services to such
older individuals.
(d) Eligibility. (1) Individuals provided services under section
204(d) of the Act shall be economically disadvantaged, based on
criteria applicable in the SDA in which they reside, and shall be age
55 or older. However, each program year not more than 10 percent of
participants enrolled under section 204(d) may be individuals who are
not economically disadvantaged but have serious barriers to employment
as identified by the Governor and have been determined within the last
12 months to meet the income eligibility requirements for title V of
the Older Americans Act of 1965 (section 204(d)(5)(B)(i)).
(2) The following criteria shall apply to joint programs for older
workers.
(i) In order to carry out a joint program with operators of
programs under title V of the Older Americans Act, there shall be a
written financial or non-financial agreement, or written joint program
description when the entity which operates the JTPA and title V program
are the same.
(ii) Joint programs under this paragraph (d)(2) may include
referrals between programs, co-enrollment and provision of services.
(iii) Under agreements pursuant to this paragraph (d)(2),
individuals eligible under title V of the Older Americans Act shall be
deemed to satisfy the requirements of section 203(a)(2) of the Act
(Older Americans Act, Pub. L. 103-171, section 510).
(e) Applicable requirements. Except as provided in the Act, the
provisions of title II-A shall apply to programs conducted under
section 204(d) (section 204(d)(6)).
(f) The Governor shall make efforts to coordinate the delivery of
services under section 204(d) with the delivery of services under title
V of the Older Americans Act of 1965. Such coordination may include
coenrollment, coordination of a continuum of services between this
section and title V of the Older Americans Act and other appropriate
linkages.
(g) The Governor shall give consideration to assisting programs
involving training for jobs in growth industries and jobs reflecting
the use of new technological skills (section 204(d)(3)).
Sec. 628.325 Incentive grants, capacity building, and technical
assistance.
(a) Funds available to the Governor under sections 202(c)(1)(B) and
262(c)(1)(B) of the Act shall be used to provide incentive grants to
SDA's and for capacity building and technical assistance.
(b) Incentive grants. (1) Not less than 67 percent of the funds
available under sections 202(c)(1)(B) and 262(c)(1)(B) of the Act shall
be used by the Governor to provide incentive grants for programs,
except programs under section 204(d) of the Act, exceeding title II
performance standards (section 106(b)(7)).
(2) Incentive grant funds under this section shall be distributed
by the Governor among SDA's within the State pursuant to section
106(b)(7) of the Act.
(3) The Governor shall, as part of the annual statement of goals
and objectives required by section 121(a)(1) of the Act, provide SDA's
with the specific policies and procedures to implement section
106(b)(7) of the Act.
(4) In a State which is the service delivery area, incentive grant
funds shall be distributed in a manner determined by the Governor and
described in the GCSSP. The Governor shall give consideration to
recognizing the performance of service providers within the State.
(5) SDA's should use incentive grant funds for capacity building
and technical assistance activities and/or for the conduct of allowable
Title II activities for eligible youth, eligible adults, or both, at
the discretion of the SDA.
(c) Capacity building and technical assistance. (1) Up to 33
percent of the funds available under sections 202(c)(1)(B) and
262(c)(1)(B) of the Act may be used by the Governor to provide capacity
building and technical assistance efforts aimed at improving the
competencies of the personnel who staff and administer JTPA including
SDA's, service providers, State staff, private industry councils, other
job training councils and related human service systems provided for in
section 205(a) of the Act.
(2) In providing capacity building and technical assistance
activities, the Governor shall:
(i) Consult with SDA's concerning capacity building and technical
assistance activities consistent with the process specified in the
GCSSP;
(ii) Ensure that the use of funds will assist front line staff
providing services to participants by directing resources to SDA and
service provider staff for capacity building efforts, building a
statewide capacity building strategy based on an assessment of local
capacity building needs developed in cooperation with the SDA's, and/or
delivering training and technical assistance directly to the local
level;
(iii) Ensure that expenditures for the purchase of hardware/
software are only for the development of Statewide communications and
training mechanisms involving computer-based communication technologies
that directly facilitate interaction with the National Capacity
Building and Information Dissemination Network (National Network)
described in section 453 of the Act and that facilitate the use of
computer-based training techniques in capacity building and technical
assistance activities;
(iv) Ensure that State and local capacity building efforts are
coordinated and integrated with the National Network, pursuant to
sections 202(c)(3)(B) and 262(c)(3)(B) of the Act, and that materials
developed with funds under this section are made available to be shared
with other States, SDA's and the National Network. States and SDA's
retain the flexibility to tailor Network products to their own needs
and/or to produce and train on similar or related products when local
circumstances so dictate and;
(v) Provide technical assistance to service delivery areas failing
to meet performance standards pursuant to section 106(j)(2) of the Act.
(d) Cost sharing. (1) Cost sharing approaches are encouraged among
States, SDA's and/or among other Federal, State, and local human
service programs, including those listed in section 205(a) of the Act,
in developing electronic communications, training mechanisms and/or
contributing to the National Network.
(2) All shared costs shall be allocated among the contributing
funding sources on the basis of benefits received.
Subpart D--Local Service Delivery System
Sec. 628.400 Scope and purpose.
This subpart sets forth requirements for the selection of service
delivery areas, the establishment and responsibilities of the private
industry council, and the selection of the SDA grant recipient and
administrative entity. This subpart also contains the requirements for
the local job training plan as well as the procedures for its review
and approval by the State.
Sec. 628.405 Service delivery areas.
(a)(1) The Governor, after receiving recommendations from the
SJTCC, shall designate SDA's within the State in accordance with the
provisions of section 101 of the Act.
(2) SDA's may not be designated by the Governor more frequently
than once every two years, and such designations shall be made to
coincide with the two-year plan cycle for the GCSSP and local job
training plans (i.e., the designation cannot be made for an off-year in
this cycle).
(3) Each request for designation as an SDA shall be submitted in a
form and by a date established by the Governor. The procedures
established by the Governor shall provide for the treatment of existing
SDA's for the purposes of submitting SDA designation requests.
(b)(1) The Governor shall approve SDA designation requests from
entities with a population of 200,000 or more that satisfy the criteria
specified in section 101(a)(4)(A) of the Act.
(2) When there are competing applications under paragraph (b)(1) of
this section for the same geographic area, the Governor shall designate
the entity with the population closest to 200,000, if the remaining
reduced area also continues to satisfy the criteria specified in
section 101(a)(4)(A) of the Act. The Governor shall offer to designate
the remaining reduced area as an SDA as well.
(3) When there are competing applications under paragraph (b)(1) of
this section for the same geographic area and the designation of the
entity with the population closest to 200,000 would have the effect of
reducing the population of the competing entity to below a population
of 200,000, the Governor has the discretion to determine which request
to honor.
(d) The Governor may, in accordance with section 101(a)(4)(B) of
the Act, approve a request to be a SDA from any unit, or contiguous
units, of general local government, without regard to population, which
serves a substantial portion of a labor market area. In making such
designations, the Governor shall evaluate the degree to which a
proposed service delivery area meets criteria established by the
Governor which, at a minimum, shall include:
(1) The capability to effectively deliver job training services;
(2) The capacity to administer the job training program in
accordance with the Act, applicable rules and regulations and State
standards; and
(3) The portion of a labor market to be served.
(e) For the purposes of SDA designations under section 101(a)(4)(A)
and (B) of the Act, the term "substantial part" and "substantial
portion" of a labor market area shall be defined by the Governor, but
shall not be less than 10% of the population of a labor market area.
(f) All areas within the State shall be covered by designated
SDA's. After honoring all requests for designation from eligible
entities under section 101(a)(4)(A) of the Act, and making any
qualified discretionary designations under section 101(a)(4)(B) of the
Act, the Governor shall include uncovered areas in the State within
other designated SDA's willing to accept them or within a State
administered SDA.
(g) Appeals. (1) Only an entity which meets the requirements of
section 101(a)(4)(A) of the Act for designation as a service delivery
area, but which has had its request to be an SDA denied, may appeal the
Governor's denial of service delivery area designation to the Secretary
of Labor.
(2) Appeals made pursuant to paragraph (g)(1) of this section shall
be submitted by certified mail, return receipt requested, to the
Secretary, U.S. Department of Labor, Washington, DC 20210, Attention:
ASET. A copy of the appeal shall simultaneously be provided to the
Governor.
(3) The Secretary shall not accept an appeal dated later than 30
days after receipt of written notification of the denial from the
Governor.
(4) The appealing party shall explain why it believes the denial is
contrary to the provisions of section 101 of the Act.
(5) The Secretary shall accept the appeal and make a decision only
with regard to whether or not the denial is inconsistent with section
101 of the Act. The Secretary may consider any comments submitted by
the Governor. The Secretary shall make a final decision within 30 days
after receipt of the appeal (section 101(a)(4)(C)).
(6) The Secretary shall notify the Governor and the appellant in
writing of the Secretary's decision.
Sec. 628.410 Private Industry Council.
(a) Certification of the PIC. (1) The chief elected official(s) of
the SDA shall establish and the Governor shall certify the private
industry council (PIC) pursuant to section 102 of the Act.
(2) The Governor shall review the certification of the PIC
biennially, one year prior to the effective date of the 2-year SDA job
training plan to the Governor. The Governor's review shall include:
(i) The PIC composition, which shall be consistent with section
102(a), (b), (c), and (d) of the Act and shall include the names of
individuals nominated and their qualifications;
(ii) The nomination process;
(iii) The written agreement(s) among the appropriate chief elected
official(s) and the PIC, including procedures for the development of
the SDA job training plan and the selection of the grant recipient and
administrative entity.
(3) The chief elected official shall select labor representatives
for the PIC from individuals recommended by recognized State and local
labor federations. For purposes of this section, a labor federation is
an alliance of two or more organized labor unions for the purpose of
mutual support and action. An example of a recognized labor federation
is the AFL-CIO.
(b) Responsibilities of the PIC. Pursuant to section 103 of the
Act, the PIC shall:
(1) Provide policy and program guidance for all activities under
the job training plan for the SDA;
(2) In accordance with agreements negotiated with the appropriate
chief elected official(s), determine the procedures for development of
the job training plan and select the grant recipient and administrative
entity for the SDA;
(3) Independent oversight. As specified in subpart D of part 627 of
this chapter, the PIC shall exercise independent oversight over
programs and activities under the job training plan, which oversight
shall not be circumscribed by agreements with the appropriate chief
elected official(s) of the SDA;
(4) Be a party to the designation of substate grantees under title
III, as set forth in Sec. 631.35 of this chapter;
(5) Establish guidelines for the level of skills to be provided in
occupational skills training programs funded by the administrative
entity;
(6) Consult with the Governor on agreements to provide services for
older individuals under section 204(d) of the Act;
(7) Establish youth and adult competency levels consistent with
performance standards established by the Secretary, based on such
factors as entry level skills and other hiring requirements, in
consultation with educational agencies and, where appropriate, with
representatives of business, organized labor and community-based
organizations pursuant to section 106(b)(5) and 107(d); and
(8) Identify occupations for which there is a demand in the area
served.
(c) Substate plan. The PIC shall be provided the opportunity to
review and comment on a substate grantee plan under title III of the
Act prior to the submission of such plan to the Governor (section
313(a)).
(e) The State Employment Service agency shall develop jointly with
each appropriate PIC and chief elected official(s) for the SDA those
components of the plans required under the Wagner-Peyser Act which are
applicable to the SDA. (See part 652 of this chapter).
(f) Single SDA States. (1) In any case in which the service
delivery area is a State, the SJTCC or a portion of the SJTCC may be
reconstituted as a PIC if the PIC meets the requirements of section
102(a) of the Act.
(2) When the service delivery area is a State and the functions of
the SJTCC are embodied in the HRIC, the HRIC or a portion of the HRIC
may be reconstituted as a PIC if the requirements for private sector
business representation at section 102(a)(1) of the Act are met
(section 102(h)).
Sec. 628.415 Selection of SDA grant recipient and administrative
entity.
(a) Selection of SDA grant recipient. (1) The SDA grant recipient
and the entity to administer the SDA's job training plan for title II,
developed pursuant to section 104 of the Act, shall be selected by
agreement of the PIC and chief elected official(s) of the SDA. These
may be the same or different entities.
(2) The specific functions and responsibilities of the entities
described in paragraph (a)(1) of this section shall be spelled out in
the agreement between the PIC and the chief elected official(s), and
shall specifically address the provisions of section 141(i) of the Act
(section 103(b)(1)).
(b) Subrecipient requirements. (1) The Governor may establish
requirements pertaining to subrecipient, including SDA grant recipient,
responsibility for JTPA funds.
(2) The requirements of paragraph (b)(1) of this section shall not
preclude the selection of any entity identified in section 103(b) of
the Act as SDA grant recipient.
Sec. 628.420 Job training plan.
(a) The Governor shall issue instructions and schedules to assure
that job training plans and plan modifications for SDA's within the
State conform to all requirements of the Act.
(b) The Governor's instructions for development of the SDA's job
training plan shall require that the plan contain the following
information:
(1) A complete and detailed discussion of the elements found in
section 104(b) of the Act, including goals for the training and
training related placement of women in nontraditional employment and
apprenticeships;
(2) A discussion of the SDA's compliance with the Secretary's
program goals, as outlined in the planning guidance provided to the
Governor; and
(3) An oversight plan for the SDA which includes: (i) A description
of the oversight activities of the PIC and the chief elected
official(s), and (ii) the SDA administrative entity's monitoring plan
which includes the Governor's monitoring requirements for service
providers.
(c) The Governor may also require that the SDA job training plan
contain a capacity building and technical assistance strategy that
includes plans for designating capacity building as a staff function,
assessing local capacity building needs, and developing and
participating in computerized communication mechanisms.
(d) The SDA job training plan shall be jointly approved and jointly
submitted to the Governor by the PIC and the chief elected official(s)
(section 103(d)).
(e) Modifications. (1) Any major modification to the SDA job
training plan shall be jointly approved and jointly submitted by the
PIC and chief elected official(s) of the SDA to the Governor for
approval.
(2) For the purposes of this section, the circumstances which
constitute a "major" modification shall be specified by the Governor.
Sec. 628.425 Review and approval.
(a) Standards and procedures. The Governor shall establish
standards and procedures for the review and approval or disapproval of
the SDA job training plan and plan modifications that shall be provided
to the SDA's at the same time as the instructions and schedules for
preparation of the plans are provided.
(b) Plan approval. Except when the Governor makes a finding under
the provisions of section 105(b)(1) of the Act, the Governor shall
approve the SDA job training plan or plan modification. The notice of
approval shall be provided in writing to the chief elected official(s)
and to the private industry council.
Sec. 628.426 Disapproval or revocation of the plan.
(a) If the Governor disapproves the SDA job training plan or plan
modification for any reason, the Governor shall notify the PIC and
chief elected official(s) for the SDA in writing as provided in section
105(b)(2) of the Act.
(b) If the Governor disapproves the SDA job training plan or plan
modification, the Governor shall provide the PIC and the chief elected
official(s) for the SDA 30 days to correct the deficiencies and
resubmit the plan or plan modification. Within 15 days after the plan
or plan modification is resubmitted, the Governor shall make a final
decision and shall notify the PIC and the appropriate chief elected
official(s) of the SDA in writing of the final disapproval or approval.
(c) Governor mediation. If the PIC and the appropriate chief
elected official(s) of an SDA are unable to reach an agreement under
the provisions of section 103 (b)(1) or (d) of the Act, any such party
may request the Governor to mediate.
(d) Failure to reach agreement. If the PIC and the chief elected
official(s) fail to reach the required agreements in section 103 (b)(1)
or (d) of the Act, funds may not be made available to an SDA under
section 104 of the Act and the Governor shall merge the affected area
into one or more other existing service delivery areas (section
105(c)(1)).
(e) Appeals. (1) In accordance with section 105(b)(2) of the Act,
any final disapproval by the Governor of the SDA job training plan or
modification may be appealed by the PIC and chief elected official(s)
of the SDA to the Secretary.
(2) The Secretary shall not accept an appeal dated later than 30
days after receipt by the PIC and chief elected official(s) of the
final disapproval of the SDA job training plan or modification from the
Governor.
(3) The Secretary shall accept an appeal under paragraph (e)(1) of
this section and shall determine only whether the disapproval is
clearly erroneous under section 105(b)(1) of the Act. The Secretary may
consider any comments submitted by the Governor. In accordance with
section 105(b)(2) of the Act, the Secretary shall make a final decision
within 45 days after the appeal is received by the Secretary.
(4) The Secretary shall notify the Governor and the appellant in
writing of the Secretary's decision.
(f) Appeals of plan revocations. Pursuant to section 164(b)(1) of
the Act, a notice of intent to revoke approval of all or part of a plan
may be appealed to the Secretary. Such appeals shall be treated as a
disapproval under paragraphs (c) and (e) of this section, except that
the revocation shall not become effective until the later of:
(1) The time for appeal under paragraph (e) of this section has
expired; or
(2) The date on which the Secretary issues a decision affirming the
revocation.
(g) In the event that a plan is disapproved and the Governor's
decision is upheld upon appeal, the Governor shall merge the affected
area into other designated SDA's willing to accept it or include it in
another SDA within the State.
Sec. 628.430 State SDA Submission.
(a) Pursuant to section 105(d) of the Act, when the SDA is the
State, the Governor shall submit to the Secretary, not less that 60
days before the beginning of the first of the two program years covered
by the job training plan and in accordance with instructions issued by
the Secretary, an SDA job training plan covering two program years.
When the SDA is the State, modifications to the plan shall be submitted
to the Secretary for approval.
(b) When a State submits an SDA job training plan or plan
modification pursuant to paragraph (a) of this section, the Secretary
shall review the plan or plan modification for overall compliance with
the provisions of the Act. The State's plan shall be considered
approved unless, within 45 days of receipt of the submission described
in paragraph (a) of this section, the Secretary notifies the Governor
in writing of inconsistencies between the submission and requirements
of specific provisions of the Act. If the plan or plan modification is
disapproved, the Governor may appeal the decision by requesting a
hearing before an administrative law judge pursuant to subpart H of
part 627 of this chapter.
Subpart E--Program Design Requirements for Programs Under Title II
of the Job Training Partnership Act
Sec. 628.500 Scope and purpose.
This subpart contains the regulations pertaining to the program
design requirements common to all programs conducted under titles I
(i.e., sections 121 and 123) and II of the Act. Regulations
specifically pertaining to the Adult Program can be found in subpart F
of this part. Regulations pertaining to the Summer Youth Employment and
Training Program can be found in subpart G of this part. Regulations
pertaining to the Youth Training Program can be found in subpart H of
this part.
Sec. 628.505 Eligibility.
(a) Eligibility criteria. (1) Individuals who apply to participate
in a program under title II shall be evaluated for eligibility based on
age and economic disadvantage. Specific eligibility criteria for
programs under title II, parts A, B, and C are described in this part.
(2) Individuals served under title II shall be residents of the
SDA, as determined by local government policy, except for the limited
exceptions described in the job training plan, including joint programs
operated by SDA's (section 141(e)).
(b) Eligibility documentation. (1) In order to promote the uniform
and standard application of eligibility criteria for participation in
the JTPA program, the Department has issued an Eligibility
Documentation TAG that provides guidance on acceptable documentation.
(2) SDA utilization of eligibility guidance. When it is determined
that the SDA or service provider has followed the guidance contained in
the Eligibility Documentation TAG, the Grant Officer will not disallow
questioned costs related to the required documentation concerning an
individual's eligibility.
Sec. 628.510 Intake, referrals and targeting.
(a) Collection of personal data. In addition to determining an
applicant's eligibility, the intake process shall include a preliminary
review of information relating to whether an applicant is included in
one or more of the categories listed in section 203(b) of the Act.
(b) Information on services. Upon application, an eligible
individual shall be provided information by the SDA or its service
providers on the full array of services available through the SDA and
its service providers, including information for women about the
opportunities for nontraditional training and employment.
(c) Assessment during intake. Some limited assessment activities
may be conducted during the intake process in order to determine an
eligible applicant's suitability for title II program services. This
assessment should be a method, in difficult cases, to finalize
determinations for enrollment. The amount of assessment provided during
intake is not restricted, however, assessment during intake shall be
charged in accordance with Sec. 627.440(d)(3).
(d) Referral of eligible applicants. During the intake process,
determinations may be made prior to enrollment to refer an eligible
applicant to another human service, training or education program
deemed more suitable for the individual, including the Job Corps
program. In these cases, information on the full array of services
available in the SDA may be provided in written form with
recommendations and written referrals to other appropriate programs.
Copies of or notations of referrals will be maintained as documentation
and may be recorded in an incomplete ISS. Further tracking or follow-up
of referrals out of title II is not required.
(e) Referrals from service providers to service delivery areas for
additional assessment. (1) Each service provider shall ensure that an
eligible applicant who cannot be served by its particular program shall
be referred to the SDA for assessment, as necessary, and suitable
referral to other appropriate programs. Each service provider shall
also ensure that a participant who cannot be served by its particular
program shall be referred to the SDA for further assessment, as
necessary, and suitable referral to other appropriate programs,
consistent with Sec. 628.515.
(2) Each SDA shall take the appropriate steps (e.g., contract
provisions, local administrative issuances, and/or PIC policies) to
ensure that its service providers adhere to the provisions of this
section and that they maintain documentation of referrals.
(3) Each SDA shall develop an appropriate mechanism to ensure
suitability screening for eligible applicants or to apply the
provisions of Sec. 628.530 for participants referred by service
providers and describe such mechanism in its SDA job training plan.
(f)(1) "Most in need." SDA's that satisfy the requirements of
sections 203(b) and 263 (b) and (d) pertaining to hard to serve
individuals shall be deemed to meet the "most in need" criteria at
section 141(a) of the Act.
(2) The requirements referred to in paragraph (h)(1) of this
section shall be calculated on the basis of new participants for whom
services or training have been provided subsequent to the objective
assessment.
(g) The SDA's method of meeting the requirements of sections 203(b)
and 263(b) pertaining to hard to serve individuals shall be implemented
consistent with the equal opportunity provisions of 29 CFR part 34.
Sec. 628.515 Objective assessment.
(a) General. The requirements of this section shall apply to
programs conducted under title I (i.e., sections 121 and 123) and title
II, parts A, B, and C.
(b) Definition. (1) For purposes of this part, an objective
assessment means an examination of the capabilities, needs, and
vocational potential of a participant and is to be used to develop an
individual service strategy and employment goal. Such assessment is
customer-centered and a diagnostic evaluation of a participant's
employment barriers taking into account the participant's family
situation, work history, education, basic and occupational skills,
interests, aptitudes (including interests and aptitudes for
nontraditional occupations), attitude towards work, motivation,
behavior patterns affecting employment potential, financial resources
and needs, supportive service needs, and personal employment
information as it relates to the local labor market.
(2) For the program under title II-B, the objective assessment
shall include an examination of the basic skills and supportive service
needs of each participant and may include the other areas listed in
paragraph (b)(1) of this section (sections 204(a)(1)(A), 253(c)(1) and
264(b)(1)(A)).
(c) Methods of objective assessment. (1) The SDA shall choose the
most appropriate means to measure skills, abilities, attitudes, and
interests of the participants. The methods used in conducting the
objective assessment may include, but are not limited to, structured
interviews, paper and pencil tests, performance tests (e.g., skills,
and/or work samples, including those that measure interest and
capability to train in nontraditional employment), behavioral
observations, interest and/or attitude inventories, career guidance
instruments, aptitude tests, and basic skills tests.
(2) Instruments used for objective assessment may be developed at
the local level; however, any formalized instruments nationally
available should be used only for the specific populations for which
they are normed.
(d) Updating of assessments. Objective assessment should be treated
as an ongoing process. As additional relevant information relating to a
participant becomes available, it should be reviewed and considered for
inclusion in the individual service strategy.
(e) Other sources of objective assessment. Other non-JTPA
assessments (e.g., through the Job Opportunities and Basic Skills
(JOBS) program under title IV of the Social Security Act, or through
schools) which have been completed within one year of application for
services, and which meet the requirements of this section, may be used
to comply with the requirement to assess each participant.
Sec. 628.520 Individual service strategy.
(a) General. The requirements of this section shall apply to
programs conducted under title I (i.e., sections 121 and 123) and title
II, parts A, B and C.
(b) Definition.--(1) Individual service strategy (ISS) means an
individual plan for a participant, which shall include an employment
goal (including, for women, consideration of nontraditional
employment), appropriate achievement objectives, and the appropriate
combination of services for the participant based on the objective
assessment conducted pursuant to Sec. 628.515 of this part, Objective
assessment. In developing the ISS, the participant shall be counseled
regarding required loan repayments if the participant chooses to incur
personal indebtedness to participate in an education program. The
participant shall also be apprised of the requirements for self-
sufficiency and the occupational demands within the labor market.
(2) Decisions concerning appropriate services shall be customer-
centered, and ensure that the participant is not excluded from training
or career options consistent with the provisions of 29 CFR part 34
concerning nondiscrimination and equal opportunity.
(3) For the title II-B program, the ISS may include the components
specified in paragraph (b)(1) of this section (sections 204(a)(1)(B),
253(c)(2) and 264(b)(1)(B)). For purposes of titles II-B and II-C, the
employment goal may be interpreted broadly and based on long-term
career guidance.
(c) Joint Development of ISS. The ISS shall be developed in
partnership with the participant and reflect the needs indicated by the
objective assessment and the expressed interests and desires of the
participant. It is not a formal contract and signatures are not a
requirement.
(d) Review of ISS. The ISS shall be reviewed periodically to
evaluate the progress of each participant in meeting the objectives of
the service strategy, including an evaluation of the participant's
progress in acquiring basic skills, and occupational skills, as
appropriate, and the adequacy of the supportive services provided.
(e) Provision of services. If JTPA resources are not sufficient to
provide the full range of training or supportive services which might
be identified in the ISS, the SDA shall make every reasonable effort to
arrange for, through other community resources, basic and occupational
skills training and supportive services identified as needed in the ISS
for participants under titles II-A and II-C and, in addition,
preemployment and work maturity skills training and work experience
combined with skills training for participants under title II-C
(sections 204(a)(1)(D) and 264(b)(1)(D).
(f) SDA review of objective assessment and ISS. (1) The objective
assessment and development of the ISS may be conducted by service
providers.
(2) The SDA administrative entity shall ensure that development of
the ISS and the services provided, respond to the individual needs of
the participant and that the combination of services to the participant
is indicated by the results of the objective assessment.
(g) ISS record of decisions. The ISS shall be used as the basic
instrument for the SDA to record the results of decisions made about
the combination and sequence of services for the participant based on
the objective assessment. Justification for decisions may be referenced
but need not be recorded in the ISS. These decisions shall include, but
are not limited to, the employment goal and/or career cluster;
referrals to other programs for specified activities; the provision and
amount of supportive services; and the delivery agents and schedules
for training and supportive services activities. The decisions for time
and duration of OJT (Sec. 627.240 of this chapter) shall be briefly
recorded in the ISS and may not reference other documents.
(h) The ISS is a customer-centered case management tool and shall
not be used as a compliance document.
Sec. 628.525 Limitations.
Neither eligibility for nor participation in a JTPA program creates
an entitlement to services, and nothing in the Act or this part shall
be construed to establish a private right of action for a participant
to obtain services described in the objective assessment or ISS.
Sec. 628.530 Referrals of participants to non-title II programs.
(a) When it is determined, through the objective assessment and the
ISS, that a participant would be better served by a program other than
one under title II (e.g., Job Corps, Vocational Rehabilitation, State
or local education, substance abuse treatment center, and/or dislocated
worker programs), the participant shall be referred to the appropriate
program. Such referral shall be recorded in the ISS.
(b) In cases where there will be a continuing relationship with a
participant, a referral to another program(s) for specific services
will be part of the participant's title II program strategy and will be
recorded in the ISS.
(c) When there will not be a continuing relationship with a
participant as the result of a referral to a program other than title
II, and an assessment but no training component has been provided, the
referral should be recorded in a partial ISS and the individual shall
not be counted for purposes of calculating performance against the
SDA's performance standards. Further tracking or follow-up of referrals
out of title II is not required.
Sec. 628.535 Limitations on job search assistance.
(a) General. Job search assistance is designed to give a
participant skills in acquiring full time employment. (See Sec. 626.5
of this chapter, Definitions.)
(b) Conditions. Job search activities may be conducted only:
(1) For participants when specified as appropriate in the ISS; and
(2) When delivered in conjunction with other training or
educational services designed to increase the participant's ability to
acquire employment. Additional services which may be provided in
conjunction with job search include the direct training services listed
in JTPA section 204(b)(1) of the Act, excluding standalone skill
assessment, counseling, work experience and case management and the
direct training services listed in 264(b) of the Act excluding
tutoring, standalone skill assessment, counseling, work experience and
case management. (See Sec. 627.245 of this chapter, "Work
Experience," especially Sec. 627.245(d) regarding combination of other
services.)
(c) Exceptions. (1) Job search assistance activities, including job
search skills, training, and job clubs may be provided without the
accompanying services specified in paragraph (b) of this section only
when:
(i) The objective assessment and the ISS indicate that the
additional services are not appropriate; and
(ii) The activities are not available or accessible through other
public agencies, including the Employment Service.
(2) The exceptions in paragraph (c)(1) of this section apply to
Title II-A and II-B and are not applicable to Title II-C programs (see
Sec. 628.804 (d) and (e)).
(d) Determination of job search availability. For purposes of this
section, a determination of the availability of the job search
assistance activity will be made by the SDA, in consultation with the
employment service and documented in the local job training plan.
(e) Older individuals. For purposes of this section, when an
individual aged 55 or older indicates in the assessment a preference
for immediate job placement, job search assistance may be provided on a
stand-alone basis. The individual's preference shall be recorded in the
ISS.
Sec. 628.540 Volunteer program.
Pursuant to sections 204(c)(6) and 264(d)(7) of the Act, the SDA
shall make opportunities available for individuals who have
successfully participated in programs under this part to volunteer
assistance, in the form of mentoring, tutoring, and other activities.
Sec. 628.545 Linkages and coordination.
(a) General requirements. (1) To the extent practicable, and as
permitted by law and regulations, the Governor shall, at the State
level, facilitate coordination among the programs set forth at section
205(a) and 265(b) of the Act, including, but not limited to, the
establishment of State-level coordination agreements. The Governor may
focus coordination through the SJTCC or the HRIC.
(2) The SDA, in conducting programs under this part, shall
establish appropriate linkages and coordination procedures with other
Federal programs and appropriate State and local educational, social
service, and public housing agencies, including with CBO's, business
and labor organizations, volunteer groups and others, such as women and
older worker organizations, and with appropriate education and training
agencies, such as local JOBS programs, Employment Service offices which
provide services for JTPA participants, and the local agencies on
aging, to avoid duplication and to enhance the delivery of services,
which shall be described in the SDA job training plan. Where a local
agency declines to complete such a linkage with an SDA, the SDA shall
reflect this information in its job training plan (section 104(b)).
(b) SDA's are encouraged to facilitate effective "one stop shop
career centers" and "single point of contact" delivery systems which
may include:
(1) The development of individual service strategy plans and of a
common program application; and
(2) A unified job development effort and comprehensive programmatic
design (sections 104(b) (3) and (4), 205 (a) and (b) and 265).
(c) Requirements for youth. For the youth programs under this part,
formal agreements shall be established with appropriate local
educational agencies which participate in JTPA programs which, at a
minimum, shall specify:
(1) The procedures for referring and serving in-school youth;
(2) The methods of assessment of in-school youth; and
(3) Procedures for notifying the SDA when a youth drops out of the
school system.
(d) Schoolwide projects. (1) In conducting a schoolwide project for
low income individuals under sections 263(g) and 265(d) of the Act, the
SDA shall establish a cooperative agreement with the appropriate local
educational agency.
(2) In addition to the requirements listed in paragraphs (a) and
(b) of this section, the cooperative agreement shall include:
(i) A description of the ways in which the JTPA schoolwide project
will supplement the educational program of the school;
(ii) Identification of measurable goals to be achieved by the
schoolwide project and a provision for assessing the extent to which
such goals are met;
(iii) A description of the ways in which the program will use
available JTPA and other education program resources;
(iv) A description of the number of individuals to be served by the
schoolwide project; and
(v) Assurances that JTPA resources shall be used in coordination
with existing sources of funds to supplement and not supplant them
(section 107(b)).
(3) In areas where there is more than one local educational agency,
cooperative agreements for schoolwide projects are required only with
those local education agencies that will participate in programs under
schoolwide projects (section 263(g)).
Sec. 628.550 Transfer of funds.
If described in the job training plan and approved by the Governor:
(a) An amount up to 10 percent of the funds allocated to the SDA
under section 202(b) of the Act for title II-A may be transferred to
the program under title II-C of the Act;
(b) An amount up to 20 percent of the funds allocated to the SDA
under section 252(b) of the Act for title II-B may be transferred to
the program under title II-C of the Act; and
(c) An amount up to 10 percent of the funds allocated to the SDA
under section 262(b) of the Act for title II-C may be transferred to
the program under title II-A of the Act.
Subpart F--The Adult Program
Sec. 628.600 Scope and purpose.
This subpart contains the regulations for the Adult Program under
part A of Title II of the Act. The regulations in part 627 of this
chapter and subpart E of this part apply to the Adult Program to the
extent that they do not conflict with the provisions of this subpart.
Sec. 628.605 Eligibility.
(a) Age and economic disadvantage. Except as provided in paragraph
(b) of this section, an individual shall be eligible to participate
under this part only if he or she is economically disadvantaged and 22
years of age or older. There is no maximum age for eligibility.
(b) Non-economically disadvantaged individuals. Up to 10 percent of
the individuals served under this subpart in each SDA may be
individuals who are not economically disadvantaged, if such individuals
face serious barriers to employment in accordance with section 203(c)
of the Act.
(c) Requirement to assist hard-to-serve individuals. (1) Not less
than 65 percent of adults who participate in the program under this
subpart, including those who are not economically disadvantaged, shall
have one or more of the additional barriers to employment as described
in section 203(b) of the Act.
(2) The 65 percent barrier requirement in paragraph (c)(1) of this
section shall be calculated on the basis of participants for whom
services or training have been provided subsequent to an objective
assessment on July 1, 1993 or later.
(d) Addition of barrier. An SDA may identify and add one additional
serious barrier to employment to the categories listed at section
203(b) of the Act, in accordance with the specific procedures and
requirements in section 203(d) of the Act.
(e) Criteria for older workers under joint programs. (1) The SDA
may establish written financial or non-financial agreements with
sponsors of programs under title V of the Older Americans Act to carry
out joint programs.
(2) Joint programs under this paragraph (e) may include referrals
between programs, co-enrollment and provision of services.
(3) Under agreements entered into pursuant to this paragraph (e),
individuals eligible under title V of the Older Americans Act shall be
deemed to satisfy the requirements of section 203(a)(2) of the JTPA
(Older Americans Act, Pub. L. 102-375, section 510).
Sec. 628.610 Authorized services.
(a) The services that may be provided under this subpart are those
described at section 204(b) of the Act.
(b) Counseling and supportive services. Counseling and supportive
services provided under this subpart may be provided to a participant
for a period of up to 1 year after the date on which the participant
completes the program.
Subpart G--The Summer Youth Employment and Training Program
Sec. 628.700 Scope and purpose.
This subpart contains the regulations for the Summer Youth
Employment and Training Program (SYETP) under part B of title II of the
Act. The regulations in part 627 of this chapter and subpart E of this
part apply to the SYETP to the extent that they do not conflict with
the provisions of this subpart.
Sec. 628.701 Program Goals and Objectives.
(a) Each SDA shall establish written goals and objectives that
shall be used in evaluating the effectiveness of its SYETP activities.
Such goals and objectives may include enhancement of basic educational
skills through improvement in school retention or academic performance
(including mathematics and reading comprehension); encouragement of
school completion or enrollment in supplementary or alternative school
programs; improvement of employability skills, including provision of
vocational exploration opportunities and exposure to the world of work;
enhancement of youth citizenship skills; and demonstrated coordination
with other appropriate community organizations.
(b) Each SDA shall ensure that the activities and services offered
under the SYETP are consistent with and will contribute to the
achievement of the goals and objectives developed pursuant to paragraph
(a) of this section.
Sec. 628.702 Eligibility.
(a) Age and economic disadvantage. An individual is eligible to
participate in programs funded under title II-B of the Act, if such
individual is
(1) Age 14 through 21; and
(2)(i) Economically disadvantaged; or
(ii) Has been determined to meet the eligibility requirements for
free meals under the National School Lunch Act during the most recent
school year. Most recent school year means the current school year
unless the eligibility determination is made during an interim period
between school terms, in which case the term means the preceding school
year; or
(iii) Is participating in a compensatory education program under
Chapter I of title I of the Elementary and Secondary Education Act of
1965; or
(iv) Is participating in a schoolwide project as set forth at
section 263(g) of the Act.
(b) Eligibility determination verification. The SDA may accept the
same documentation utilized by the local educational agency for
approving free lunch meals or an assurance by school officials
concerning the students' participation in the free school lunch program
under the National School Lunch Act.
Sec. 628.705 SYETP Authorized services.
(a) The services that may be provided under this subpart are those
described at section 253 of the Act.
(b) Basic and remedial education and preemployment and work
maturity skills training. The SDA shall ensure the availability of
basic or remedial education and preemployment and work maturity skills
training for SYETP participants pursuant to the assessment process
described in Sec. 628.515 of this part from funds available to the SDA
or by other education and training programs, including, but not limited
to, the Job Corps, the JOBS program, youth corps programs or
alternative or secondary schools.
(c) Work experience. (1) Work experience shall be conducted
consistent with the provisions of Sec. 627.245 of this chapter.
(2) Work experience provided under this subpart, to the extent
feasible, shall include contextual learning opportunities which
integrate the development of general competencies with the development
of academic skills.
(d) Concurrent enrollment. (1) Youth being served under the SYETP
or the Youth Training Program authorized under title II-C of the Act
(see subpart H of this part) are not required to be terminated from
participation in one program to enroll in the other. The SDA may enroll
such youth concurrently in programs under this subpart and subpart H of
this part, pursuant to guidance to be issued by the Secretary, in order
to promote continuity and coordination of services.
(2) The requirement that not less than 65 percent of the total
number of title II-C participants shall have one or more barriers to
employment pursuant to section 263(c) and (d) of the Act shall apply to
youth who are concurrently enrolled and will participate in the program
under title II-C.
(e) Followup services. (1) The SDA shall make followup services
available for participants if the ISS indicates that such services are
appropriate (section 253(d)).
(2) Title II-B funds may be used for such followup services for one
year after program participation, which may be concurrent with a period
of any subsequent participation in the Title II-C program.
(3) Followup services include the full array of supportive services
described in section 4(24) of the Act, except for financial assistance,
and may include such followup services as counseling, mentoring, or
tutoring.
(f) Classroom training. Classroom training provided under this
subpart shall, to the extent feasible, include opportunities to apply
knowledge and skills relating to academic subjects to the world of
work.
(g) Educational linkages. (1) In conducting the program assisted
under this subpart, service delivery areas shall establish linkages
with the appropriate educational agencies responsible for service to
participants.
(2) Such linkages shall include arrangements to ensure that there
is a regular exchange of information relating to the progress, problems
and needs of participants, including the results of assessments of the
skill levels of participants.
Sec. 628.710 Period of program operation.
(a) Except as provided under paragraph (b) of this section, the
SYETP shall be conducted during the school vacation period occurring
during the summer months.
(b) An SDA operating within the jurisdiction of one or more local
educational agencies that operate schools on a year-round full-time
basis may offer SYETP activities to participants in such a jurisdiction
during the school vacation period(s) treated as the period(s)
equivalent to a school summer vacation.
Subpart H--Youth Training Program
Sec. 628.800 Scope and purpose.
This subpart contains the regulations for the Year-round Youth
Program under part C of title II of the Act. The regulations in part
627 of this chapter and subpart E of this part apply to the Year-round
Youth program to the extent that they do not conflict with the
provisions of this subpart.
Sec. 628.803 Eligibility.
(a) Out-of-school youth. An out of school youth is a youth who does
not meet the definition of in-school youth as set forth in paragraph
(b) of this section. An out-of-school youth shall be eligible to
participate in programs under this subpart, if such individual is:
(1) Age 16 through 21, and
(2) Economically disadvantaged.
(b) In-school youth. Definition. In-school youth means a youth who
has not yet attained a high school diploma and is attending school full
time. An in-school youth shall be eligible to participate in programs
under this subpart, if such individual is:
(1)(i) Age 16 through 21, or
(ii) If provided in the job training plan, age 14 through 21
inclusive; and
(2)(i) Economically disadvantaged; or
(ii) Participating in a compensatory education program under
Chapter I of title I of the Elementary and Secondary Education Act of
1965; or
(iii) Has been determined to meet the eligibility requirements for
free meals under the National School Lunch Act during the most recent
school year. Most recent school year means the current school year
unless the eligibility determination is made during an interim period
between school terms, in which case the term means the preceding school
year.
(c) Eligibility determination verification. The SDA may accept the
same documentation utilized by the local educational agency for
approving free lunch meals or an assurance by school officials
concerning the students' participation in the free school lunch program
under the National School Lunch Act. The Department shall provide
guidance on this verification separate from these regulations.
(d) Requirement to serve hard-to-serve individuals. (1) Not less
than 65 percent of the in-school youth who participate in the program
under this subpart, including those who are not economically
disadvantaged, shall have one or more additional barriers to
employment, as described in section 263(b) of the Act.
(2)(i) Not less than 65 percent of the out-of-school youth who
participate in the program under this subpart, including those who are
not economically disadvantaged, shall have one or more barriers to
employment, as described in section 263(d) of the Act, in addition to
any criterion listed in paragraph (b)(2) of this section.
(ii) All Job Corps participants shall be considered out-of-school
and as having a barrier to employment.
(3) The requirement of paragraphs (d)(1) and (2) of this section
shall be calculated on the basis of participants for whom services or
training have been provided subsequent to the objective assessment on
July 1, 1993 or later.
(e) Addition of barrier. An SDA may identify and add one additional
serious barrier to employment to the categories listed at sections
263(b) and (d) of the Act in accordance with the specific procedures
and requirements in section 263(h) of the Act.
(f) Services to non-economically disadvantaged individuals. Up to
10 percent of the youth served by an SDA under this subpart may be
individuals who are not economically disadvantaged, but such
individuals shall face one or more serious barriers to employment in
accordance with section 263(e) of the Act.
(g) Eligibility based on schoolwide project participation. (1) In
addition to the individuals who meet the conditions described in
Sec. 628.803 of this part, individuals who are not economically
disadvantaged may participate in programs under this subpart if they
are enrolled in a schoolwide project pursuant to section 263(g) of the
Act.
(2) For purposes of paragraph (g)(1) of this section, the term
school means an individual building, facility, campus or a portion of
the school such as the 11th or 12th grade.
(3) A schoolwide project may be operated in a public school located
in an urban census tract or non-metropolitan county with a poverty rate
of 30 percent or above, and in which 70 percent or more of the students
have at least one barrier to employment. The school shall make the
determination on whether its students meet the barrier requirements.
(4) The SDA shall determine which will be its schoolwide projects.
Examples of schoolwide projects include, but are not limited to,
school-to-work programs; college awareness and application assistance
programs; school restructuring to make the schools career academies or
magnet schools; mentoring programs; business-education compacts;
integration of work and learning; year-round extensions of summer STEP
programs; community service programs, including linkages with youth
service corps; programs to encourage teen parents to stay in school,
including establishing child care centers; and work experience slots
provided as incentives to stay in school.
(h)(1) Out-of-school ratio. Not less than 50 percent of the total
title II-C participants in each SDA shall be out-of-school youth
(section 263(f)(1) of the Act). The Governor shall be responsible for
determining the period for which the 50 percent requirement will be
calculated based either on the period covered by the job training plan
or on a program year basis.
(2) For purposes of paragraph (h)(1) of this section, a youth who
has attained a high school diploma or an equivalency, is habitually
truant, as defined by State law, or is attending an alternative school
program may be considered out of school. An alternative school program
includes an alternative high school, an alternative course of study
approved by the local educational agency, or a high school equivalency
program. Such programs may be operated either within or outside of the
local public school system, and can offer either a high school diploma
or equivalency.
(3) Schoolwide project ratios. Those in-school participants who are
served under a schoolwide project shall not be counted in determining
the ratio of in-school to out-of-school youth in paragraph (h)(1) of
this section.
Sec. 628.804 Authorized services.
(a) The SDA and the PIC shall take into consideration exemplary
program strategies and services, including those selected for
replication pursuant to section 453(c) of the Act concerning capacity
building, in the development of services for programs under this
subpart.
(b) Except as provided in paragraph (c) of this section, in order
to participate in programs under this part an individual who is under
the age of 18 and a school dropout, as defined in section 4(38) of the
Act, shall enroll in and attend a school, course or program described
in section 264(d)(2)(B)(ii) and (iii). An alternative course of study
shall be approved by the LEA and may include educational programs
provided by community-based organizations.
(c) An individual who is a school dropout, as defined in section
4(38) of the Act, and under the age of 18 may participate in programs
under this part without meeting the requirements of paragraph (b) of
this section for a limited interim period which may be during the
summer months, during periods between school terms, or when a course of
study is not immediately available.
(d) The provision of preemployment and work maturity skills
training shall be accompanied either by work experience or by other
additional services which are designed to increase the basic education
or occupational skills of the participant (section 264(d)(3)(A)).
(e) The provision of work experience, job search assistance, job
search skills training, and job club activities under programs
conducted under this subpart shall be accompanied by other additional
services which are designed to increase the basic education or
occupational skills of the participant (section 264(d)(3)(B)).
(f) The additional services offered pursuant to paragraphs (d) and
(e) of this section may be provided concurrently or sequentially with
services provided under other education and training programs (e.g.,
Job Opportunities and Basic Skills programs under title IV of the
Social Security Act, Job Corps (see part 638 of this chapter), or
schools).
(g) Schoolwide projects for low-income schools shall meet the
conditions in sections 263(g)(1) and (2) of the Act.
(h) Entry employment experience is a training activity which may be
conducted in public or private agencies. In all cases, this training
activity shall increase or develop the long term employability of
eligible in-school and out-of-school youth. Entry employment
experiences may include, but are not limited to:
(1) Work experience as described in Sec. 627.245 of this chapter;
and
(2) Cooperative education programs that coordinate educational
programs with work in the private sector. Subsidized wages are not
permitted in cooperative education programs.
(i) Limited internships in the private sector under this subpart
shall be designed to enhance the long-term employability of youth.
(1) A limited internship shall be conducted pursuant to an
agreement with an employer to provide structured on-site private sector
exposure to work and the requirements for successful job retention.
(2) A limited internship should be combined with classroom
instruction relating to a particular position, occupation, industry or
the basic skills and abilities to successfully compete in the local
labor market.
(j)(1) On-the-job (OJT) training activities approved under this
subpart shall be consistent with the provisions of subpart B of part
627 of this chapter and shall:
(i) Be for positions that pay the participant a wage that equals or
exceeds on the average wage at placement based on the most recent
available data in the SDA for participants under title II-A;
(ii) Be for positions that have career advancement potential; and
(iii) Include a formal, written program of structured job training
that will provide the participant with an orderly combination of
instruction in work maturity skills, general employment competencies,
and occupational specific skills.
(2) In those cases where the OJT participant is a school dropout,
the participant shall participate in an education program in accordance
with paragraph (b) of this section.
(k) Counseling and supportive services provided under this subpart
may be provided to a participant for a period of up to 1 year after the
date on which the participant completes the program. These include the
full array of supportive services described in section 4(24) of the Act
except for financial assistance.
(l) Year-round operations. Programs for youth under this subpart
shall:
(1) Provide for a year-round education and training program that is
coordinated with the appropriate local educational agencies, service
providers, and other programs; and
(2) As appropriate, ensure services for youth are available on a
multiyear basis, consistent with the determined needs and goals of the
youth served.
(3) The year-round program delivery requirement of this paragraph
does not prohibit schools on a 9-month operations schedule from
providing services for programs under this part.
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