20 C.F.R. Subpart E—Program Design Requirements for Programs Under Title II of the Job Training Partnership Act
Title 20 - Employees' Benefits
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. (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. (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 §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 §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 §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. (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. (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 §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 (§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. 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. (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. (a) General. Job search assistance is designed to give a participant skills in acquiring full time employment. (See §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 §627.245 of this chapter, “Work Experience,” especially §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 §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. 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. (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)). 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.
Title 20: Employees' Benefits
PART 628—PROGRAMS UNDER TITLE II OF THE JOB TRAINING PARTNERSHIP ACT
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.
