20 C.F.R. Subpart C—The State Senior Employment Services Coordination Plan
Title 20 - Employees' Benefits
The State Senior Employment Services Coordination Plan (the State Plan) is a plan, submitted by the Governor in each State, as an independent document or as part of the WIA Unified Plan, that describes the planning and implementation process for SCSEP services in the State, taking into account the relative distribution of eligible individuals and employment opportunities within the State. The State Plan is intended to foster coordination among the various SCSEP grantees operating within the State and to facilitate the efforts of stakeholders, including State and Local Boards under WIA, to work collaboratively through a participatory process to accomplish the SCSEP program's goals. (OAA sec. 503(a)(1)). The State Plan provisions are listed at proposed §641.325. The Governor of each State is responsible for developing and submitting the State Plan to the Department. Yes, the Governor may delegate responsibility for developing and submitting the State Plan, provided that any such delegation is consistent with State law and regulations. To delegate responsibility, the Governor must submit to the Department a signed statement indicating the individual and/or organization that will be submitting the State Plan on his or her behalf. (a) In developing the State Plan the Governor must obtain the advice and recommendations of representatives from: (1) The State and Area Agencies on Aging; (2) State and Local Boards under the Workforce Investment Act (WIA); (3) Public and private nonprofit agencies and organizations providing employment services, including each grantee operating an SCSEP project within the State, except as provided for in §641.320(b); (4) Social service organizations providing services to older individuals; (5) Grantees under title III of the OAA; (6) Affected communities; (7) Underserved older individuals; (8) Community-based organizations serving older individuals; (9) Business organizations; and (10) Labor organizations. (b) The Governor may also obtain the advice and recommendations of other interested organizations and individuals, including SCSEP program participants, in developing the State Plan. (OAA sec. 503(a)(2)). (a) Yes, although section 503(a)(2) requires the Governor to obtain the advice and recommendations of SCSEP national grantees with no reciprocal provision requiring the national grantees to participate in the State planning process, the eligibility provision at section 514(c)(5) requires grantees to coordinate with other organizations at the State and local level. Therefore, any national grantee that does not participate in the State planning process may be deemed ineligible to receive SCSEP funds in the following Program Year. (b) National grantees serving older American Indians are exempted from participating in the planning requirements under section 503(a)(8) of the OAA. These national grantees may choose not to participate in the State planning process, however, the Department encourages participation. If a national grantee serving older American Indians does not participate in the State planning process, it must describe its plans for serving older American Indians in its application for SCSEP grant funds. The Department issues instructions detailing the information that must be provided in the State Plan. At a minimum, the State Plan must include information on the following: (a) The ratio of eligible individuals in each service area to the total eligible population in the State; (b) The relative distribution of: (1) Eligible individuals residing in urban and rural areas within the State; (2) Eligible individuals who have the greatest economic need; (3) Eligible individuals who are minorities; and (4) Eligible individuals who have the greatest social need; (c) The employment situations and the types of skills possessed by eligible individuals; (d) The localities and populations for which community service projects of the type authorized by title V are most needed; (e) Actions taken or planned to coordinate activities of SCSEP grantees with the activities being carried out in the State under title I of WIA; (f) A description of the State's procedures and time line for ensuring an open and inclusive planning process that provides meaningful opportunity for public comment; (g) Public comments received, and a summary of the comments; (h) A description of the steps taken to avoid disruptions to the greatest extent possible (see §641.365); and (i) Such other information as the Department may require in the State Plan instructions. (OAA sec. 503(a)(3)–(4), (6)). The Governor must ensure that the State Plan identifies the types of community services that are needed and the places where these services are most needed. The State Plan should specifically identify the needs and locations of those individuals most in need of community services and the groups working to meet their needs. (OAA sec. 503(a)(4)(E)). The Governor must seek the advice and recommendations from representatives of the State and Area Agencies on Aging in the State and the State and Local Boards established under title I of WIA. (OAA sec. 503(a)(2)). The State Plan must describe the steps that are being taken to coordinate SCSEP activities within the State with activities being carried out under title I of WIA. (OAA sec. 503(a)(4)(F)). The State Plan must describe the steps being taken to ensure that the SCSEP is an active partner in each One-Stop Delivery System and the steps that will be taken to encourage and improve coordination with the One-Stop Delivery System. The Governor is not required to submit a full State Plan each year; however, at a minimum, the Governor must seek the advice and recommendations of the individuals and organizations identified in the statute at section 503(a)(2) about what, if any, changes are needed, and publish the changes to the State Plan for public comment each year and submit a modification to the Department. (a) Modifications are required when: (1) There are changes in Federal or State law or policy that substantially change the assumptions upon which the State Plan is based; (2) There are changes in the State's vision, strategies, policies, performance indicators, or organizational responsibilities; (3) The State has failed to meet performance goals and must submit a corrective action plan; or (4) There is a change in a grantee or grantees. (b) Modifications to the State Plan are subject to the same public review and comment requirements that apply to the development of the State Plan under §§641.325 and 641.350. (c) The Department will issue additional instructions for the procedures that must be followed when requesting modifications to the State Plan. (OAA sec. 503(a)(1)). The Governor should follow established State procedures to solicit and collect public comments. The State Plan must include a description of the State's procedures and schedule for ensuring an open and inclusive planning process that provides meaningful opportunity for public comment. Any individual or organization may comment on the Plan. The two documents address some of the same areas, and are prepared at different points in time. The ED report is prepared by State agencies at the beginning of each fiscal year and provides a “snapshot” of the actual distribution of all of the authorized positions within the State, grantee-by-grantee, and the optimum number of participant positions in each designated area based on the latest available Census data. It provides a basis for improving the distribution of SCSEP positions within the State. (See OAA sec. 508). The State Plan is prepared by the Governor and covers many areas in addition to equitable distribution, as discussed in §641.325, and sets forth a proposed plan for distribution of authorized positions in the State. Any distribution or redistribution of positions made as a result of a State Plan proposal will be reflected in the subsequent year's ED report, which then forms the basis for the proposed distribution in the next year's State Plan. This process is iterative in that it moves the authorized positions from over-served areas to underserved areas over a period of time. Governors must describe the steps that are being taken to comply with the statutory requirement to avoid disruptions in the State Plan. (OAA sec. 503(a)(6)). When there are new Census data indicating that there has been a shift in the location of the eligible population or when there is over-enrollment for any other reason, the Department recommends a gradual shift that encourages current participants in subsidized community service positions to move into unsubsidized employment to make positions available for eligible individuals in the areas where there has been an increase in the eligible population. The Department does not define disruptions to mean that participants are entitled to remain in a subsidized community service employment position indefinitely. As discussed in §§641.570 and 641.575, grantees may, under certain circumstances, place time limits on an SCSEP community service assignment, thus permitting positions to be transferred over time. Grantees shall not transfer positions from one geographic area to another without first notifying the State agency responsible for preparing the State Plan and equitable distribution report. Grantees must submit, in writing, any proposed changes in distribution that occur after submissions of the equitable distribution report to the Federal Project Officer for approval. All grantees are strongly encouraged to coordinate any proposed changes in position distribution with the other grantees servicing in the State, including the State project director, prior to submitting the proposed changes to their Federal Project Officer for approval.
Title 20: Employees' Benefits
PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Subpart C—The State Senior Employment Services Coordination Plan
§ 641.300 What is the State Plan?
§ 641.305 Who is responsible for developing and submitting the State Plan?
§ 641.310 May the Governor delegate responsibility for developing and submitting the State Plan?
§ 641.315 Who participates in developing the State Plan?
§ 641.320 Must all national grantees operating within a State participate in the State planning process?
§ 641.325 What information must be provided in the State Plan?
§ 641.330 How should the State Plan reflect community service needs?
§ 641.335 How should the Governor address the coordination of SCSEP services with activities funded under title I of WIA?
§ 641.340 Must the Governor submit a State Plan each year?
§ 641.345 What are the requirements for modifying the State Plan?
§ 641.350 How should public comments be solicited and collected?
§ 641.355 Who may comment on the State Plan?
§ 641.360 How does the State Plan relate to the equitable distribution (ED) report?
§ 641.365 How must the equitable distribution provisions be reconciled with the provision that disruptions to current participants should be avoided?
