Distribution of Jtpa Title Iii Governor's Reserve Funds

Created by DR 9/6/11

Note: Repeals entire Division 70

DIVISION 70

DISTRIBUTION OF JTPA TITLE III GOVERNOR'S RESERVE FUNDS

581-070-0000 (repealed)

Disclosure of Information and Fee Schedule

(1) All information in the custody of the Business Resources Division will be disclosed, or protected from disclosure, in accordance with the provisions of Chapter 192 of the Oregon Revised Statutes.

(2) Requests for information can be made verbally, but the Manager of the Business Resources Division reserves the right to require the request to be in writing, signed and dated, naming or describing the information desired, the reason for the request, and the date information is needed. A reasonable period of time is required for the custodian of the records to locate and assemble the requested information. The Manager may, in the interest of efficiency, place restrictions upon where the information will be delivered or made available for inspection.

(3) Fees will be charged to reimburse the Business Resources Division for the actual cost of making information available. The fees for producing copies of records are as follows:

(a) No fee will be charged an individual for providing a reasonable amount (as determined by the Manager) of information or documents from his or her file.

(b) For all other requests, a charge of ten (10) dollars per hour or fraction thereof and five (5) cents per page for documents provided.

(c) The Manager may waive the fees provided in subsection (b) of this section for public bodies, governmental agencies, and representatives of the new media.

Stat. Auth.: ORS 285.035(5) & ORS 293.550
Stats. Implemented: Job Training Partnership Act, Public Law 97-300
Hist.: IRD 8-1984, f. & ef. 2-21-84; Renumbered from 120-001-0010, EB 13-1997, f. 9-30-97, cert. ef. 10-4-97; Renumbered from 123-070-0000

581-070-0010 (repealed)

Waiver of Liability Criteria

(1) In determining whether to impose any sanction authorized by the Job Training Partnership Act (JTPA) against a subrecipient for violations by a contractor of such subrecipient under the Act or the regulations under the Act, (other than for violations of nondiscrimination and equal opportunity, provisions of JTPA and its regulations), the State shall first determine whether such subrecipient has adequately demonstrated that it has:

(a) Established and adhered to an appropriate system for the award and monitoring of agreements with contractors which contains acceptable standards for ensuring accountability;

(b) Entered into a written contract with such contractor which established clear goals and obligations in unambiguous terms;

(c) Acted with due diligence to monitor the implementation of the contractor agreement, including the carrying out of the appropriate monitoring activities (including audits) at reasonable intervals; and

(d) Taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of the Act or the regulations under the Act by such contractor.

(2) If the State determines that the subrecipient has demonstrated substantial compliance with the requirements of Section (1) of this rule, and if the Secretary of the Department of Labor (herein after "Secretary") has waived sanctions against the State, the State may waive the imposition of sanctions authorized by the Act upon such subrecipient for contractor violations.

(3) In determining whether to impose any sanction authorized by the JTPA or applicable regulations against a subrecipient for violations of JTPA nondiscrimination and equal opportunity provisions by a contractor, the State shall first determine whether such subrecipient has demonstrated substantial compliance with the following requirements:

(a) Adhered to applicable provisions of the State's Methods of Administration (pursuant to 29 CFR Part 34.33), designed to give a reasonable guarantee of the subrecipient's compliance of such provisions;

(b) Entered into a written contract with its contractor, which clearly establishes the contractor's obligations regarding nondiscrimination and equal opportunity;

(c) Acted with due diligence to monitor the contractor's compliance with these provisions; and

(d) Taken prompt and appropriate corrective action to effect compliance with these provisions.

(4) If the State determines that the subrecipient has demonstrated substantial compliance with the requirements of Section (3) of this rule, and if the Secretary waives sanctions against the State, the State may recommend to the Directorate of Civil Rights to waive the imposition of sanctions authorized by 29 CFR 34 upon such subrecipient for contractor violations.

Stat. Auth.: ORS 285.035(5) & ORS 293.550
Stats. Implemented: Job Training Partnership Act, Public Law 97-300
Hist.: IRD 5-1983(Temp), f. & ef. 10-3-83; IRD 10-1984, f. & ef. 4-3-84; EDD 16-1988, f. 5-27-88, cert. ef. 5-25-88; Renumbered from 120-040-0000, EDD 6-1994, f. & cert. ef. 3-11-94; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97; Renumbered from 123-070-0010

581-070-0020 (repealed)

Performance Standard Improvement Policy

(1) Section 106(j) of the Job Training Partnership Act (JTPA) requires the Governor to take appropriate action if a grant recipient fails to attain Title II-A and II-C performance standards. The following outlines the procedures to transmit performance data to the State.

(a) The subrecipient transmits participant data electronically, within the time parameters established in policy 581-6-5-6.1, to the State Job Training Partnership Act Administration;

(b) The State JTPA Administration reports on subrecipient performance standard attainment and plans for providing technical assistance to Service Delivery Areas (SDAs) failing to meet performance standards to the State Job Training Coordinating Committee (State Committee) and the Secretary of Labor within 90 days from the end of the program year.

(2) For the purposes of this rule "failing to attain Title II-A and II-C performance standards" means that based on the subrecipient's year-end program data as transmitted to the State JTPA Administration prior to September 1st of each year, the subrecipient has not met any three or more of the six core performance standards or both of the youth performance standards as established in the Governor's Special Services and Coordination Plan.

(3) The following outlines the procedures to be taken when a subrecipient fails to attain the Title II performance standards:

(a) The State Job Training Partnership Act (JTPA) Administration determines the degree of failure of the recipient based on the following scale:

(A) First Degree: When a subrecipient fails to attain one or two (when the two are not both of the youth standards) Title II-A and II-C performance standards;

(B) Second Degree: When a subrecipient fails to attain any three or more of the Title II-A and II-C performance standards or both of the youth standards; or

(C) Third Degree: When a subrecipient fails to attain any three or more of the Title II-A and II-C performance standards or both of the youth standards for two consecutive program years.

(b) The State JTPA Administration reserves that portion of incentive funds received under the JTPA not awarded as incentives to provide technical assistance to those subrecipients who have failed to meet performance standards. Those unawarded funds which are not used for failure to meet technical assistance may be made available for technical assistance/capacity building addressed in Oregon Administrative Rule 581-070-0180;

(c) The JTPA allows for a variety of actions to be taken, however, the following criteria must be considered:

(A) The action taken must be remedial in nature rather than punitive;

(B) The action taken must be appropriate to remedy the problem causing the poor performance; and

(C) The degree of failure may be considered, but it alone is not determinative of the appropriate remedial action.

(d) When the degree of failure has been determined, the State JTPA Administration notifies the subrecipient of failure to meet performance standard(s) and identifies the degree of failure. Upon such notification, one of the procedures described below shall be followed:

(A) First Degree Procedures:

(i) The subrecipient analyzes the problem relative to failing to attain the Title II performance standard;

(ii) The subrecipient develops and submits a program improvement plan designed to address performance standard(s) not achieved to the State JTPA Administration within 30 calendar days of notification from the State. The plan shall include proposed actions and costs. The subrecipient may request the assistance of the State JTPA Administration in developing the program improvement plan.

(iii) Within 30 calendar days following receipt of the plan, the State JTPA Administration reviews and may approve the program improvement plan based on the following criteria:

(I) The plan adequately addresses the standard which was not achieved; and

(II) The costs of the planned action are reasonable.

(iv) If the program improvement plan is not approved, the State JTPA Administration notifies the subrecipient of the decision and provides assistance to address the issues resulting in the plan disapproval.

(v) Upon approval of the program improvement plan by the State JTPA Administration, the State JTPA Administration makes technical assistance funds available as appropriate to implement the plan;

(vi) Such funds shall be distributed in an amount sufficient to implement the program improvement plan to the extent that funds are available;

(vii) The State JTPA Administration makes available technical assistance through the JTPA Administration staff, when appropriate, at no cost;

(viii) The subrecipient implements the program improvement plan as approved by the State JTPA Administration.

(B) Second Degree Procedures:

(i) The subrecipient, State JTPA Administration and State Committee carry out the procedures above in sections (3)(d)(A)(i) through (viii). The State Committee and the JTPA Administration shall review and approve the program improvement plan(s) and make incentive funds available as appropriate to implement the plan(s);

(ii) The subrecipient may conduct an independent performance audit to ascertain problem identification and potential solutions. Costs associated with independent performance audits may be paid for with incentive funds.

(iii) Not later than 90 days after the end of the program year, the State will report to the Secretary of Labor the plans for providing technical assistance for "failure to meet" performance standards.

(C) Third Degree Procedures:

(i) The subrecipient, State JTPA Administration, and State Committee carry out steps (3)(d)(A)(i) through (viii) and (3)(d)(B)(i)(ii) and (iii) of this rule.

(ii) The State Committee, PIC and LEO review the factors leading to the failure to meet performance standards;

(iii) The State Committee based on the above review, recommends to the Governor the reorganization plan to be imposed. Such actions may:

(I) Restructure the private industry council;

(II) Prohibit the use of designated service providers; or

(III) Make such other changes as the Governor deems necessary to improve performance. This may include the selection of an alternative administrative entity to administer the program for the SDA. The alternative entity may be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest unit of general local government in the SDA or the Substate Area.

(iv) An SDA that is the subject of a reorganization plan may, within 30 days after receiving notice thereof, appeal to the Secretary of Labor to rescind or revise such plan

Stat. Auth.: ORS 285.035(5) & ORS 293.550
Stats. Implemented: Job Training Partnership Act, Public Law 97-300
Hist.: IRD 17-1986, f. & ef. 12-4-86; IRD 2-1987, f. 3-9-87, ef. 3-12-87; Renumbered from 120-040-0001, EDD 16-1990, f. 6-25-90, cert. ef. 7-1-90; EDD 6-1994, f. & cert. ef. 3-11-94; EDD 16-1994, f. & cert.e f. 12-1-94; EB 13-1997, f. 9-30-97, cert. ef. 10-4-97; Renumbered from 123-070-0020

581-070-0030 (repealed)

Eligibility Determination for Title II Programs

The following definitions shall apply when determining an applicant's eligibility to participate in Title II programs funded by the Job Training Partnership Act (JTPA), Public Law 97-300 as amended. These definitions are applicable to all Title II programs and to all recipients and subrecipients of JTPA funds under Title II programs unless other specific eligibility criteria have been defined for the program. For the purpose of determining an individual person's eligibility for services:

(1) The term "economically disadvantaged" means (as stated in PL 97-300 as amended, Section 4(8)) an individual who:

(a) Receives, or is a member of a family which receives cash welfare payments under a federal, State or local welfare program; or

(b) Has, or is a member of a family which has received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of:

(A) The official poverty line as defined by the Director of the Office of Management and Budget (OMB) and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)); or

(B) Seventy percent of the lower living standard income level.

(c) Is receiving (or has been determined within the 6 month period prior to the application for the program involved to be eligible to receive) food stamps pursuant to the Food Stamp Act of 1977;

(d) Qualifies as a homeless individual under Section 103 (a) and (c) of the Stewart B. McKinney Homeless Assistance Act; or

(e) Is a foster child on behalf of whom State or local government payments are made.

(2) Individuals ages 14 through 21 who are in full-time school shall be considered income eligible to participate in Title II youth programs if such individuals meet the eligibility requirements in Section (1) of this rule or:

(a) Are participating in a compensatory education program under chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.); or

(b) Have been determined to meet the eligibility requirements for free meals under the National School Lunch Act (42 U.S.C. 1751 et seq.) during the most recent school year; or

(c) Are participating in a school wide project and are enrolled in a public school:

(A) That is located in a poverty area; and

(B) That is served by a local education agency that is eligible for Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.);

(C) In which not less than 70% of the students enrolled are included in the hard-to-serve categories under Section 263(b) of the JTPA; and

(D) That conducts a program under a cooperative arrangement that meets the requirements of Section 265(d) of the JTPA, "Schoolwide Projects for Low-Income Schools."

(E) For the purposes of this section "poverty area" is defined as an urban census tract or a nonmetropolitan county with a poverty rate of 30 percent or more, as determined by the Bureau of Census.

(3) "Family" means two or more persons related by blood, marriage, or decree of court, who are living in a single residence and are included in one or more of the following categories:

(a) Husband, wife, and dependent children;

(b) A parent or guardian and dependent children; or

(c) A husband and wife.

(4) A step-child or a step-parent shall be considered to be related by marriage.

(5) The phrase "living in a single residence" with other family members includes temporary, voluntary residence elsewhere (e.g., attending school or college, or visiting relatives). It does not include involuntary residence elsewhere (e.g., incarceration, or placement as a result of a court order).

(6) The family size shall consist of those related individuals listed in Section (3) of this rule who have lived in the single residence for the last 30 days, and who meet the family definition specified in Section (3) or any of the definitions specified in Sections (4), (5), or (6) of this rule. In situations where documentation exists, (e.g., birth, marriage, or death certificate) that the family size has changed permanently, it would not be necessary to wait 30 days to establish the current family configuration.

(a) Where two or more family units live in a single dwelling; and

(A) The family units are linked by blood, marriage, or decree of court; and

(B) Each of the family unit(s) living in the single residence meets the definition of family in Section (3) of this rule;

(C) Then for the purpose of determining family size, the family units may be counted as two or more separate families.

(b) An individual with a disability whose own income meets the requirements of (1)(a) or (b) of this Rule but who is a member of a family whose income does not meet such requirements shall, for the purposes of income eligibility determination, be considered to be an unrelated individual who is a family unit of one. The term "individual with a disability" means any individual who has a physical or mental disability that for such individual constitutes or results in a substantial handicap to employment.

(c) Any youth ages 18 through 21 who live with their parent(s) or legal guardian(s), and who are not married or do not have dependent children, and who receive less than 50 percent of support from the family, may be considered a separate family unit of one.

(d) Any youth ages 14 through 21 who can document that they have lived alone or with persons other than their parent(s), legal guardian(s), or spouse for the previous 30 day period may be considered a family unit of one for the purpose of eligibility determination. In order to minimize the legal risks involved with serving unemancipated minors ages 14 through 17 in this situation, every effort must be made to inform the parent or legal guardian, in writing, that the minor will be participating in an employment and training program. Such written notice must be initiated prior to enrollment.

(e) Single, divorced or widowed youth ages 14 through 17 who live with a parent(s) or a legal guardian(s) must be considered a member of the family unless they are legally emancipated and they receive less than 50 percent of their support from their parent(s) or legal guardian(s), or they meet the definition of an individual with a disability, or they are a custodial parent with a dependent child.

(7) "Family income" for the purpose of determining applicant eligibility means the total income of each individual in the current family configuration (as determined in subsection (3) through (6) of this rule) for the six month period prior to application or for that portion of the income determination period that the person was a part of the family unit of the applicant. It is not adequate to gather a 30 day income, and multiply by six to identify the six month income. For the purpose of calculating total family income for the six month period prior to application, the applicant's family size must first be established in accordance with subsection (3) through (6) of this section. The sources of income that are included in the total family income or excluded from the total family income are as follows:

(a) Inclusions in Family Income:

(A) Gross Wages and Salary. The total money earnings received from work performed as an employee (including casual labor and on-the-job-training wages). It represents the amount paid before deductions for income taxes, Social Security taxes, bond purchases, union dues, etc. If a family's only source of income was from wages and salary payments, family income would be equal to the gross wages and salary for each member of the family for the six month period prior to application or for that portion of the six month income determination period that each member of the family was a part of the family unit of the applicant;