20 C.F.R. Subpart E—Center Operations
Title 20 - Employees' Benefits
The center operator shall design and implement a reception and orientation program in accordance with procedures issued by the Job Corps Director. Each center operator shall develop a student handbook which provides essential information to students for distribution to all students in accordance with procedures issued by the Job Corps Director. The Job Corps Director shall prescribe or provide for basic education curricula to be used at centers. Students are considered to be in-school youths. The Job Corps Director, in coordination with regional offices, shall review and approve the basic education program at each center. Center operators shall provide the following educational programs at a minimum: (a) Reading and language skills; (b) Mathematics; (c) A program to prepare eligible students for the American Council on Education Tests of General Educational Development (GED); (d) World of work; (e) Health education; (f) Driver education; and (g) English as a second language (ESL) programs for selected center operators (regional offices shall arrange for the assignment of selected applicants needing ESL programs to the centers where such programs are available). (a) Each center shall provide enrollees with competency-based or individualized training in an area which will best contribute to the student's opportunities for permanent long-term employment. Specific vocational training programs offered at individual centers will be subject to the approval of the Job Corps Director in accordance with policies issued by the Job Corps Director. (b) The Job Corps Director may determine that it is appropriate to contract for vocational training programs at specific centers with national business, union, or union-affiliated organizations in order to facilitate entry of students into the workforce. All agreements with these national training contractors will be contracted at the national level in accordance with policies issued by the Job Corps Director; the Federal Acquisition Regulation (48 CFR chapter 1); the DOL Acquisition Regulation (48 CFR chapter 29); and, if CCCs, interagency agreements. An occupational exploration program shall be provided by all centers in accordance with procedures issued by the Job Corps Director. The amount of time for each student's education and vocational training shall be apportioned to the individual needs of each student pursuant to procedures developed by the Job Corps Director. The Job Corps Director shall develop procedures for the low-cost sale to students of vocational tools, clothing, and other equipment that are prerequisites to employment. (a) The center operator shall emphasize and implement programs of work experience for students through center program activities or through arrangement with employers. Work experience shall be under actual working conditions and should enhance the employability, responsibility, and confidence of the students. (b) The following limitations shall be observed in establishing work experience programs: (1) Students shall only be assigned to work meeting the safety standards of §638.803 of this part. (2) Any work experience arranged for employment not covered by a Federal, State, or local minimum wage law shall have prior regional office approval. (3) When work experience with pay is arranged, the student, for applicable wage provisions of the Davis-Bacon Act, the Fair Labor Standards Act, the Service Contract Act, and other applicable minimum wage laws, shall be considered a joint employee of the Job Corps and the work experience employer. (i) The wages paid by Job Corps (including the reasonable cost to Job Corps of room, board, and other facilities, as well as clothing and living allowances) shall be no less than the federal minimum wage rate set forth in section (6)(a)(1) of the Fair Labor Standards Act (FLSA) for up to 25 hours a week. The work experience employer shall pay the student, in cash, any wages above the FLSA minimum whenever such additional amounts are required by the Davis-Bacon Act, the Service Contract Act, the State or local minimum wage law, or other applicable minimum wage law. For any time in excess of 25 hours per week, the work experience employer shall pay the student, in cash, no less than the entire wage at the wage rate required by applicable law. (ii) In addition to the cash wages required to be paid by work experience employers by paragraph (b)(3)(i) of this section, work experience employers, after the first six weeks of work by a student, shall also pay additional cash wages to the student at an hourly rate of 25 percent of the wage set forth in section 6(a)(1) of the Fair Labor Standards Act. The services rendered or objects produced at the center may be sold at cost to students or center employees, but shall not be sold in the community unless such services or products do not displace workers in the local community or result in the sale of products which compete with local merchants. A center operator may authorize gainful leisure time employment of students as long as such employment does not interfere with required scheduled activities. The center operator shall provide a health program, including basic medical, dental, and mental health services, for all students from admission until termination from the Job Corps. The program shall be developed in accordance with procedures issued by the Job Corps Director. The Job Corps Director shall develop procedures to ensure that each center operator offers students counseling and education programs related to drug and alcohol use and abuse. The Job Corps Director shall develop procedures to ensure that center operators establish rules concerning sexual behavior and harassment. See also §§638.539(g) and 638.813(a) of this part. In each case of student death, the center operator shall follow procedures established by the Job Corps Director, including notification of next of kin and for disposition of remains. See also §638.524(d) of this part. The center operator shall provide for residential support services structured as an integral part of the overall training program. This service shall include a secure, attractive physical and social environment, seven days a week, 24 hours a day, designed to enhance learning and personal development. All students, including nonresidents while they are on-center, shall be provided with the full program of applicable services in accordance with procedures issued by the Job Corps Director. The center operator shall develop a recreation/avocational program in accordance with procedures issued by the Job Corps Director. (a) The center operator shall provide adequate laundry services and supplies at no cost to students. Students shall be encouraged to launder, iron, and repair their personal clothing. (b) The center operator shall establish a system for prompt delivery of mail received by students in a manner that protects the confidentiality of such mail, and shall arrange for a sufficient number of conveniently located pay telephones for student use. The center operator shall establish and conduct an ongoing structured counseling program in accordance with procedures issued by the Job Corps Director. The center operator shall conduct a structured intergroup relations program designed to reduce prejudice, prevent discriminatory behavior by staff and students, and increase understanding among racial/ethnic groups and between men and women. The program shall be developed in accordance with procedures issued by the Job Corps Director. The center operator shall establish and maintain its own incentives system for students in accordance with procedures established by the Job Corps Director. The center operator shall establish an elected student government and student leadership program in accordance with procedures established by the Job Corps Director. The center operator shall develop a plan for the organization and operation of a student welfare association, to be run by an elected student government for the benefit of all students and with the help of a center staff advisor. This plan shall be developed in accordance with procedures issued by the Job Corps Director. (a) Student welfare association revenues may be derived from such sources as snack bars, vending machines, disciplinary fines, etc. (b) Student welfare association activities shall be funded from student welfare association revenues. The center operator shall implement a system to evaluate the progress of each student in receiving the maximum benefit from the program. The system shall be developed in accordance with procedures issued by the Job Corps Director. (a) The center operator shall ensure that meals for students are nutritionally well-balanced, of good quality, and sufficient in quantity, in accordance with procedures issued by the Job Corps Director. Food shall be prepared and served in a sanitary manner. (b) Non-students shall be charged for food provided for them unless prior regional office approval has been obtained. Such charges shall be sufficient to cover the cost of the food and its preparation. (a) The Secretary shall periodically establish rates of allowances and allotments to be paid students pursuant to section 429 (a), (c), and (d) of the Act, and the Job Corps Director shall publish these rates as a notice in the (b) The Job Corps Director shall ensure that each student receives a readjustment allowance for each paid day of satisfactory participation in Job Corps after termination from the program if he/she terminates after 210 days in pay status or after 180 days if he/she is a maximum benefits or vocational completer. In the event that a student receives a medical termination, he/she shall be eligible for the accrued readjustment allowance, regardless of length of stay or other considerations. See also paragraph (d) of this section. (Section 429(c)). (c) The Job Corps Director shall establish procedures to allow students to authorize deductions from their readjustment allowance, which shall be matched by an equal amount from Job Corps funds and sent biweekly as an allotment by the SPAMIS Data Center to the student's spouse, child(ren) or other dependent, if such spouse, child(ren) or other dependent resides in any State in the United States. (d) In the event of a student's death, any amount due, including the amount of any unpaid readjustment allowance, shall be paid in accordance with provisions of 5 U.S.C. 5582 (designation of beneficiary; order of precedence). (Section 429(c)) [55 FR 12996, Apr. 6, 1990, as amended at 60 FR 18993, Apr. 14, 1995] The Job Corps Director shall establish procedures to provide clothing for all students by means of a clothing purchase allowance and by center issue. (a) Students shall be considered federal employees for purposes of the Tort Claims Act (28 U.S.C. 2671 et seq.). (Section 436(a)(3)). In the event a student is alleged to be involved in the damage, loss, or destruction of the property of others, or of causing personal injury to or the death of other individual(s), claims may be filed with the Center Director by the owner(s) of the property, the injured person(s), or by a duly authorized agent or legal representative of the claimant. The Center Director shall collect all of the facts, including accident and medical reports and the names and addresses of witnesses, and submit the claim for a decision to the DOL Regional Solicitor's Office. All tort claims for $25,000 or more shall be sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. (b) Whenever there is loss or damage to persons or property, which is believed to have resulted from operation of a Job Corps center and to be a proper charge against the Federal Government, a claim for such damage may be submitted by the owner(s) of the property, the injured person(s), or by a duly authorized agent or legal representative of the claimant to the Regional Solicitor, who shall determine if the claim is cognizable under the Tort Claims Act. Claims shall be filed no later than two years from the date of such loss or damage. If it is determined not to be cognizable, the Regional Solicitor shall consider the facts and may settle the claim pursuant to section 436(b) of the Act in an amount not to exceed $1,500. (c) The Job Corps may pay claims to students for lost, damaged, or stolen property, up to a maximum set by the Job Corps Director when such loss is not due to the negligence of the student. Students shall file claims no later than two years from the date of such loss. Students shall be compensated for losses when they are the result of a natural disaster or when the student's property is in the protective custody of the Job Corps, which shall be the case when the student is AWOL. The Job Corps Director shall provide for claims to be filed with regional offices for a determination on the claim. The regional office shall promptly notify the student and the center of its determination. (a) Students shall be considered federal employees for purposes of Federal employees' compensation (FEC). (Section 436(a)(2)) (b) Resident students shall be considered to be in the “performance of duty” as Federal employees from the date they leave their homes and begin authorized travel to their center of assignment until the date of their scheduled arrival at the official travel destination upon the termination from Job Corps. During this period the youths shall be known as students, and this period shall constitute their period of enrollment. During this period, resident students shall be considered as in performance of duty at all times, during any and all of their activities, 24 hours a day, seven days a week, except as described in paragraph (d) of this section. (c) Non-resident students shall be considered to be “in performance of duty” as Federal employees from the time they arrive at any scheduled center activity or program until they physically leave such activity or program. (d) No student shall be considered as being in performance of duty status if he/she is absent without official leave (AWOL) or after arrival home on administrative leave without allowances. (e) In computing compensation benefits for disability or death, the monthly pay of a student shall be deemed that received under the entrance salary for a grade GS–2 Federal employee, and 5 U.S.C. 8113 (a) and (b) shall apply to students. (f) Compensation for disability shall not begin to accrue until the day following the date on which the injured student completes his or her Job Corps termination. (g) Whenever a student is injured, develops an occupationally related illness, or dies while in the performance of duty, the Job Corps Director shall ensure that procedures set forth in the DOL Employment Standards Administration regulations at 20 CFR chapter I are followed. The Job Corps Director shall ensure that a thorough investigation of the circumstances and a medical evaluation are completed and that required forms are filed with the DOL Office of Workers' Compensation Programs. The Act provides that students are covered by title II of the Social Security Act (42 U.S.C. 401 et seq.) and shall pay applicable employment taxes (e.g., the Federal Insurance Contributions Act (FICA) tax) on their living and readjustment allowances. (Section 436(a)(1)) The Act provides that students are Federal employees for the purposes of the Internal Revenue Code of 1986 (title 26, U.S. Code). The Job Corps Director may obtain from tax authorities information regarding taxation of student income and provide this to center operators and to the finance center. The Job Corps Director may provide emergency assistance when there is a threat of natural disaster. Students may be asked to volunteer their services to help in such cases. The center operator shall arrange that any expenses consequent to such assistance shall be borne, to the extent possible, by the benefiting organization. The Job Corps Director shall develop procedures, when necessary, to safeguard the rights and safety of students who volunteer to be used in emergency situations. The Job Corps Director shall issue procedures to administer the accrual and use of student leave. Such procedures shall provide that: (a) Except for the initial pay period, students shall accrue annual leave at the rate of one calendar day for each pay period provided that the student was not AWOL or on administrative leave without pay during that pay period. For the initial pay period, a student shall accrue one day of annual leave regardless of the date of enrollment provided that the student was not AWOL or on administrative leave without pay from the date of enrollment. Accrual time shall begin on the day the student departs for a center and end on the date of his or her scheduled arrival home or at a place of employment. (b) Annual leave shall continue to accrue during periods of home, emergency, and administrative leave with pay and shall be suspended only when the student is AWOL or on administrative leave without allowances. (c) Students shall not be paid at termination for unused accrued leave. (d) Students may use accrued annual leave at any time subject to approval by the Center Director. Annual leave with transportation at government expense shall be allowed only after the student has spent 180 days in pay status in Job Corps, and only once per year of enrollment. (e) Students shall not be charged annual leave for travel time to and from home and center by the most direct route. Saturdays, Sundays, and holidays that are officially recognized at the center shall not be charged as annual leave. The Job Corps Director shall develop procedures for authorized student absences and to account for all absences whether authorized or unauthorized. (a) The Job Corps Director shall develop procedures to afford students effective and competent legal representation in criminal and certain civil cases. This shall include assisting students in obtaining free or low cost legal assistance or obtaining local attorneys or public defenders to represent students, and paying for such legal services (provided that attorney fees in criminal cases shall not be paid by Job Corps except in accordance with paragraph (b) of this section), in accordance with guidelines issued by the Job Corps Director. (b) Job Corps shall not pay the expenses of legal counsel or representation in any criminal case or proceeding for a student, unless the Center Director has certified to the Regional Director, and the Regional Director has approved, that a public defender is not available. With such approval of the Regional Director, Job Corps may compensate attorneys obtained pursuant to paragraph (a) of this section in criminal cases for reasonable expenses. Compensation shall be at the rates no higher than those set forth in the Criminal Justice Act of 1964, as amended (18 U.S.C. 3006A(d)). The Job Corps Director shall develop procedures to enable eligible students and staff to vote either locally or by absentee ballot. See also §638.8l4 (a) through (c) of this part. The right to worship or not worship as he/she chooses shall not be denied to any student. Religious services may not be held on-center unless the center is so isolated as to make transportation to and from community religious facilities impractical. If religious services are held on-center, no federal funds shall be paid to those who conduct such services. Services shall not be confined to one religious denomination. The center operator shall instruct students that students are not obligated by Job Corps to attend such services. See also §§638.539(g) and 638.813 of this part. (a) Requests for information. The Job Corps Director shall develop administrative procedures to respond to requests for information or records pertaining to students and such other disclosures as may be necessary. (b) Freedom of Information Act—(1) Disclosure. Disclosure of Job Corps information shall be in accordance with the Freedom of Information Act and shall be handled according to DOL regulations at 29 CFR part 70. (2) Contractors. Job Corps contractors are not “agencies” for Freedom of Information Act purposes. Therefore, their records are not subject to disclosure under the Freedom of Information Act or 29 CFR part 70. (c) Privacy Act of 1974. When DOL maintains a system of records covered by the Privacy Act of 1974, or provides by contract for a contractor, such as a screening agency or a contract center operator, to operate by or on behalf of the Job Corps such a system of records to accomplish a Job Corps function, the requirements of the DOL regulations at 29 CFR part 70a apply to such system or records. (a) The center operator shall establish reasonable rules and regulations for student behavior, in accordance with procedures developed by the Job Corps Director. Such rules shall be established to ensure high standards of behavior and conduct. (b) The center operator shall develop reasonable sanctions for breaking established rules, in accordance with procedures developed by the Job Corps Director. (c) The center operator shall ensure that all students have the opportunity for due process in disciplinary proceedings, in accordance with procedures developed by the Job Corps Director. Such center procedures, at a minimum, shall include center review boards where the penalty of termination might be imposed, and procedures for appealing, to a regional appeal board designated by the Regional Director, center decisions to terminate a student. See §638.407 of this part. The decision of the regional appeal board shall be final agency action. [55 FR 12996, Apr. 6, 1990; 55 FR 23634, June 11, 1990] (a) Center and other deliverer grievance procedures. Each center operator or other Job Corps deliverer shall establish and maintain a grievance procedure for complaints about its programs and activities from students and other interested parties. A hearing on each complaint shall be conducted, using the established grievance procedure, within 30 days of filing of the complaint and a decision on the complaint shall be made by the Center Director or with the knowledge of the Center Director not later than 60 days after the filing of the complaint. Except for a complaint alleging fraud or criminal activity, complaints shall be made within one year of the alleged occurrence. (Section 144(a)) (b) Federal review of student grievances. Where a student or a person denied enrollment has exhausted the center or other deliverer grievance procedure established pursuant to paragraph (a) of this section, the student may appeal the decision to the regional appeal board. The regional appeal board shall review the appeal and determine within 120 days after receiving the appeal whether to reverse, affirm, or remand the decision. The decision of the regional appeal board shall be final agency action. (Section 144(c)) (c) Federal review of non-student grievances. (1) Where the grievance or complaint is made by an interested party other than a student, should the deliverer fail to provide a decision as required in paragraph (a) of this section, the complainant may then request from the Regional Director a determination whether reasonable cause exists to believe that the Act or this part has been violated. The request shall be filed no later than 10 days from the date on which the complainant should have received a decision pursuant to paragraph (a) of this section, and shall describe with specificity the facts and the proceedings (if any) below. (2) The Regional Director shall act within 90 days of receipt of the request and where there is reasonable cause to believe the Act or this part has been violated shall direct the deliverer to issue a decision adjudicating the dispute pursuant to the deliverer's grievance procedures. The Regional Director's action is not final agency action on the merits of the dispute and therefore is not appealable under the Act. See sections 144(c) and 166(a) of the Act. If the deliverer does not comply with the Regional Director's order within 60 days, the Regional Director may impose a sanction on the deliverer for failing to issue a decision. (d) Failures to comply with the Act. Where DOL has reason to believe that the center operator or other deliverer is failing to comply with the requirements of the Act, the Regional Director shall investigate the allegation or belief and determine within 120 days after receiving the complaint whether such allegation or complaint is true. As the result of such a determination, the Regional Director may: (1) Direct the deliverer to handle a complaint through the grievance procedures established under paragraph (a) of this section; or (2) Investigate and determine whether the deliverer is in compliance with the Act and this part. If the Regional Director determines that the deliverer is not in compliance with the Act or this part, the appropriate sanctions set forth in section 164 of the Act shall be applied, subject to paragraph (e) or (f) of this section, as appropriate. (Section 163 (b) and (c)) (e) Contract disputes. A dispute between DOL and a Job Corps contractor shall be handled only pursuant to the Contract Disputes Act and 41 CFR part 29–60. (f) Inter-agency disputes. A dispute between DOL and a federal agency operating a center shall be handled only pursuant to the interagency agreement with that agency for the operation of the center. (g) Nondiscrimination. Nondiscrimination requirements, procedures, complaint processing, and compliance reviews are governed by, as applicable, provisions of the following Department of Labor regulations: (1) 29 CFR part 34 and subparts B and C and Appendix A of 29 CFR part 32 for programs receiving financial assistance under JTPA. (2) 29 CFR part 33 for programs conducted by the Department of Labor; and (3) 41 CFR chapter 60 for entities that have a federal “government contract” as that term is defined in the applicable regulations. See also §638.813(a) of this part, regarding discrimination. [55 FR 12996, Apr. 6, 1990, as amended at 58 FR 69100, Dec. 29, 1993] The Job Corps Director shall develop guidelines for the national office's, the regional offices', and for deliverers' maintenance of cooperative relationships with other agencies and institutions, including law enforcement, educational institutions, communities, and other employment and training agencies. The Job Corps Director shall develop policies and requirements which will ensure linkages, where feasible, with other Federal, State and local programs to enhance the provision of services to disadvantaged youth. These shall include, where appropriate: Referrals of enrollees; participant assessment; services accompanying pre-employment and work maturity skills training, work experience, job search skills training, basic skills training, and occupational skills training authorized under the Job Training Partnership Act for youth programs; and services supporting participants in the Job Opportunities and Basic Skills Training Program (JOBS) (section 427(b)). Such services may be provided sequentially or concurrently. Nothing in this part shall be construed to prohibit an individual who has been a participant in Job Corps from concurrently or subsequently participating in programs under title II of JTPA, or to prohibit an individual who has been a participant in programs under title II of JTPA from concurrently or subsequently participating in Job Corps. [55 FR 12996, Apr. 6, 1990, as amended at 58 FR 69100, Dec. 29, 1993] (a) Job Corps centers shall, where practicable, arrange for the provision of child care for students with dependent children. (b) Center operators may propose and, with the approval of the Job Corps Director, establish child care facilities. [55 FR 12996, Apr. 6, 1990, as amended at 58 FR 69100, Dec. 29, 1993] Each center operator shall establish a community relations program, which shall include establishment of a community relations council which includes student representation. (Section 431)
Title 20: Employees' Benefits
PART 638—JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT
Subpart E—Center Operations
§ 638.500 Orientation program.
§ 638.501 Student handbook.
§ 638.502 Job Corps basic education program.
§ 638.503 Vocational training.
§ 638.504 Occupational exploration program.
§ 638.505 Scheduling of training.
§ 638.506 Purchase of vocational supplies and equipment.
§ 638.507 Work experience.
§ 638.508 Sale of services or objects.
§ 638.509 Leisure-time employment.
§ 638.510 Health care and services.
§ 638.511 Drug use and abuse.
§ 638.512 Sexual behavior and harassment.
§ 638.513 Death.
§ 638.514 Residential support services.
§ 638.515 Recreation/avocational program.
§ 638.516 Laundry, mail, and telephone service.
§ 638.517 Counseling.
§ 638.518 Intergroup relations program.
§ 638.519 Incentives system.
§ 638.520 Student government and leadership programs.
§ 638.521 Student welfare association.
§ 638.522 Evaluation of student progress.
§ 638.523 Food service.
§ 638.524 Allowances and allotments.
§ 638.525 Clothing.
§ 638.526 Tort and other claims.
§ 638.527 Federal employees' compensation.
§ 638.528 Social Security.
§ 638.529 Income taxes.
§ 638.530 Emergency use of personnel, equipment and facilities.
§ 638.531 Limitation on the use of students in emergency projects.
§ 638.532 Annual leave.
§ 638.533 Other student absences.
§ 638.534 Legal services to students.
§ 638.535 Voting rights.
§ 638.536 Religious rights.
§ 638.537 Disclosure of information.
§ 638.538 Disciplinary procedures and appeals.
§ 638.539 Complaints and disputes.
§ 638.540 Cooperation with agencies and institutions.
§ 638.541 Job Corps training opportunities.
§ 638.542 Child care services.
§ 638.543 Community relations program.
