Modification to add clause 8 for the period July 1, 1997 through June 30, 1998 (or longer
where specified herein or if subsequently modified).
8. Pursuant to the statutory waiver authority at Pub. L. 104-208 § 101(e) for JTPA funds
available for expenditure during Program Year 1997, i.e., July 1, 1997 through June 30, 1998
(this includes available funds from Program Years 1995, 1996 and 1997), and pursuant to the
administrative regulatory waiver authority provided for at 20 CFR 627.201:
A. The Secretary waives the provision at 20 CFR 627.708(e) and thereby permits the state
to use offset as a method of repayment of its subrecipients' debts from funds to which the
subrecipient is entitled under a subsequent year's allocation with the following restrictions:
B. The Secretary waives JTPA §§ 108(b)(4)(B) and 315(a) and (b); 20 CFR
627.445(a)(1)(i), and (a)(2)(i) and 631.14(a) and (b) eliminating the non-administration cost
limitations for titles II and III [except for national reserve account (NRA) grants]. The 20%
administration limitation for titles II-A and II-C, at JTPA § 108(b)(4)(A), the 15% limitation
for title III, at JTPA § 315(c), and the 15% limitation for title II-B, at JTPA § 253(a)(3),
JTPA will remain in effect, but will be subject to an allowable 5% flexibility from the stated
limitations. The provisions at JTPA § 108(b)(1) and (c), and all references in the JTPA
regulations that address the cost limitations under titles II-A, II-B, II-C, and III [except for
national reserve account (NRA) grants] shall refer only to the administration cost limitations.
ETA will apply JTPA § 108(b)(2) and (3); 20 CFR 627.440(b), (c)(1) and (d) and
631.13(a)(1) to reduce the number of cost categories to two: Administration and Program
Costs. The costs of Administration shall be those defined at 20 CFR 627.440(d)(5) for title II
and 631.13(f) for title III. Program Costs will consist of all other costs including those
defined at 20 CFR 627.440(d)(1), (2), (3), and (4) for title II and at 631.13(c), (d), and (e) for
title III. The costs of Rapid Response activities identified at JTPA § 314(b) and 20 CFR
631.13(b) shall continue to be separately reported. Reporting instructions for the two cost
category reporting method have been developed and will be provided to the State.
C. The JTPA Standardized Program Information Report (SPIR) instructions in Training
and Employment Information Notice (TEIN) 5-93, Change 1 that require follow-up by
participant contact for the 13th week after termination are waived on the condition that the
State adopt the provisions in the Department's "JTPA Statutory Waiver Guidelines:
Substitution of Wage Record Follow-Up for Survey Follow-Up in JTPA Performance
Standards" and future implementing guidance. As stated in these guidelines, the Department
will provide revised reporting instructions.
D. The Secretary waives JTPA § 106(b)(8) to permit the use of "Cost per Placement" as a
performance measure in calculation of no more than 13 percent of each incentive award.
E. The Secretary will apply the definition of "family income" in 20 CFR 626.5 such that
". . . such income shall also exclude Social Security Disability Income for an individual with a
disability. . . ." This administrative regulatory waiver is being granted under 20 CFR 627.201
for a period of four years from the effective date of this Grant Modification.
F. The Secretary waives the youth OJT wage requirement at JTPA § 264(d)(3)(C)(i)(I) and the related regulations at 20 CFR 628.804(j)(1)(i) and the participation requirement at JTPA § 264(d)(3)(C)(iii) and the related regulation at 20 CFR 628.804(j)(2), when indicated as appropriate in the assessment and individual service strategy for youth on-the-job training. The State shall assure that the OJT positions for youth have substantial training content and that the training time is correctly determined.
G. The Secretary waives the prohibition on stand-alone work experience, job search
assistance, job search skills training, and job club, for both youth and adults, in instances when
an individual service strategy substantiates its use as appropriate, by waiving JTPA §
204(c)(2)(B)(ii) and 20 CFR 628.535(b)(2) and (c)(1)(ii) and applying JTPA § 264(d)(3)(A)
and (B) as if they read ". . . shall be accompanied by . . . additional services . . . unless the
individual service strategy demonstrates such additional services are not warranted."
Additionally, the title III prohibition on work experience at 20 CFR 627.245(e), where such
strategy is supported by an individual assessment, and the combination requirements at 20 CFR
627.245(d) and 628.804(e) and (f) are waived.
H. The Secretary waives the requirements at JTPA § 264(d)(3)(A) and 20 CFR 628.804(d)
and (f) that prohibit pre-employment and work maturity skills training as a stand-alone activity
in cases where the objective assessment and individual service strategy indicate it is the
appropriate intervention.
I. The Governor agrees to continue to require an objective assessment and individual
service strategy at entry and on an on-going basis for all participants under titles I, II, and III
that is tailored to the background and needs of the participant and where services identified in
the individual service strategy will be secured for the individual. The Secretary waives 20
CFR 628.515(a) and 628.520(a), and will apply JTPA §§ 204(a)(1) and 264(b)(1), and
remaining sections of 20 CFR 628.515 and 628.520 as providing non-binding guidance for the
alternative state policy that the Governor shall implement.
Until such time as the alternate policy is in place for title II adults and youth, the
requirements specified in the preceding sentence will continue to apply to any decision to
provide the standalone activities permitted in paragraphs G. and H. above (i.e., work
experience, job search assistance, job search skills training, job club for both youth and adults)
which relies on the objective assessment and ISS.
J. The Secretary waives the requirements at JTPA § 314(c)(15) and will apply both JTPA
§ 204(c)(4) and 20 CFR 627.310(e), except for training and financial assistance, to title III to
enable title III participants to receive post-termination services for up to one year consistent
with title II.
K. In consideration of the waivers contained in this grant modification, the State agrees to
a performance improvement of at least five percent at the State and local levels measured at the
conclusion of Program Year (PY) 1997 using actual performance in PY 1996 as the baseline
for improvement. Performance improvements will apply to all the Secretary's performance
measures, or to their approved equivalents, for Titles II-A, II-C, and III. States will take into
account the SDAs' performance improvement targets in determining the receipt of Title II
incentive grant awards for PY 1997. In considering whether the State and the SDAs have
attained the agreed upon performance improvement for PY 1997, the Department will apply
the Secretary's Adjustment Models, exclusive of Governor's Adjustments, to the performance
improvement goals. Program Year 1996 and Program Year 1997 performance will be
calculated in the same way for both years.
The Standardized Participant Information Report (SPIR) instructions in Training and
Employment Information Notice 5-93, Change 1 (dated June 23, 1994), as modified by
Training and Employment Information Notice 5-93, Change 2 (dated January 24, 1997),
remain in effect where not specifically waived or modified in this Agreement. Also in effect
unless specifically waived are the Performance Standards Status Summary Report requirements
put forth in Training and Employment Guidance Letter 2-95 (dated August 10, 1995). This
requires Governors to report each SDA's final standard and actual performance for each of the
Secretary's Title II core standards, with required technical assistance plans and reorganization
plans attached.
Clause 8 shall be open to further modification as authorized under the waiver authority. The
effective date of this modification shall be July 1, 1997.
STATE OF MICHIGAN
________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Michigan Jobs Commission
201 North Washington Square
Lansing, Michigan 48913
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement