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 (PY) 1997, i.e., July 1, 1997 through June 30,
1998 (this includes available funds from PYs 1995, 1996 and 1997), and pursuant to the
administrative regulatory waiver authority provided for at 20 CFR 627.201:
A. The Secretary waives the youth on-the-job (OJT) wage requirement at JTPA §
264(d)(3)(C)(i)(I) and the related regulations at 20 CFR 628.804(j)(1)(i) 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.
B. The Secretary waives JTPA § 108(b)(1), (4) and (c); the 15% administration cost
limitation under JTPA §§ 253(a)(3) and 315(a), (b) and (c) and 20 CFR 627.445(a), (b)(3) and
(d); 631.14(a), (b), (c), (d), (f), and (g), eliminating all cost limitations for titles II and III
[except for title III national reserve account (NRA) grants]; and will apply JTPA § 108(b)(2)
and (3) and 20 CFR 627.440(c) 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.
C. 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
for youth in cases where the objective assessment and individual service strategy indicate it is
the appropriate intervention.
D. The Secretary waives 20 CFR 631.2 which defines "substantial layoff" for the purpose
of determining a worker's eligibility for title III pursuant to § 301(a)(1)(B). This
administrative regulatory waiver is being granted for a period of four years under the
provisions of 20 CFR 627.201 from the effective date of this Grant Modification.
E. The Secretary waives for a period of four years the regulatory provision at 20 CFR
631.12(a)(1)(ii). This will permit the State to expend title III funds in the year of allotment
plus the two following years, provided the State expends at least eighty percent of allotted
funds in the year of allotment.
F. The Secretary waives the JTPA procurement requirements at JTPA § 164(a)(3) and the
implementing regulations at 20 CFR 627.420(a)(1), (2), (3), and (4); (b); (d)(1); (e)(1), (2),
(3), and (5); (g) and (h). The Governor agrees to use State and local procurement procedures
and to abide by Office of Management and Budget (OMB) Circular A-102, as codified in the
DOL regulations at 29 CFR, Part 97. References elsewhere in JTPA to § 164(a)(3) will be
understood to refer to State and local procurement provisions.
G. The Secretary waives the requirements at JTPA § 141(k), which prohibits subsidized
employment with private for-profit employers, to permit work experience with private for-profit employers, in cases where the objective assessment and individual service strategy
indicate it is the appropriate intervention, and when:
1. It is used in the private for-profit sector, as in the public and private non-profit
sector, for those participants who need to build and demonstrate labor market skills or
undertake career exploration, in jobs for which there is a demand in the community and
which is within the skill of the participant. This authority shall be administered so as to
preclude the reintroduction of abuses where participants are in low skill, low wage
paying jobs as a subsidy to the employer;
2. It is used when OJT is not available or is inappropriate;
3. The worker protections under JTPA § 143 are in place, particularly health and
safety standards and workers' compensation, and that no displacement or reduction in
hours of regular employees occurs; and
4. It is provided as a temporary activity of limited duration. The State agrees to set a
policy for the maximum duration.
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 shall apply the requirements in TEIN 26-96, dated April 22, 1997,
transmitting the "Guide to JTPA Performance Standards for Program Years 1996 and 1997,"
such that title III performance standards calculations exclude participants terminating after
receiving objective assessment only, consistent with title II.
I. 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 the provisions of
20 CFR 627.201 for a period of four years from the effective date of this Grant Modification.
J. The Secretary will apply the definition of "family income" in 20 CFR 626.5 such that
". . . . The Governor may, for the purposes of determining income eligibility for services
under title II of the Act, exclude up to 50 percent of Social Security and Old Age Survivors'
Insurance benefit payments. . . from the definition of family income." This administrative
regulatory waiver is granted under the provisions of 20 CFR 627.201 for a period of four
years from the effective date of this Grant Modification.
K. In consideration of the waivers contained in this grant modification, the State agrees to
a performance improvement of four percent (4%) at the State level measured at the conclusion
of 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. In order to meet this performance
improvement, the State is expected to require that each SDA/SSG make some improvement in
performance and that those SDAs/SSGs which demonstrate comparatively lower levels of
performance be required to make greater performance improvements. States will take into
account the SDA's performance improvement targets in determining the receipt of Title II
incentive grant awards for PY 1997. In considering whether the State has 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 PY 1997, performance will be calculated in the same way for
both years.
The Standardized Program 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 September 30, 1997.
STATE OF OKLAHOMA
_________________________________________________________________
Governor or JTPA Signatory Official Date
(Typed Name/Signature)
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA Date
JTPA GRANT RECIPIENT
Employment and Training Division
Oklahoma Employment Security
Commission
2401 Lincoln
Will Rogers Memorial Office Building
Oklahoma City, Oklahoma 73105
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement