/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement
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 youth OJT wage requirement at JTPA § 264(d)(3)(C)(i)(I)
and the related regulations at 20 CFR 628.804(j)(1)(i), when indicated as appropriate in the
objective 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.
B. The Secretary waives the prohibition on stand-alone work experience, 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 "Work experience shall be accompanied by
additional services unless the individual service strategy demonstrates such additional services
are not warranted." Additionally, the combination requirements at 20 CFR 627.245(d) and
628.804(e) and (f) -- as they apply only to work experience -- are waived.
C. The Secretary waives the requirements at JTPA § 141(k) that prohibit 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 when:
D. The Secretary waives the requirements of 20 CFR 627.240(b)(3), which provides
maximum time limits during on-the-job training for part-time workers, provided the part-time
training time during OJT is correctly determined, taking into consideration the necessary
occupational skills, and the time required to acquire such skills, for the participant to function
in the job for which the OJT is contracted.
E. 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
F. The Secretary waives JTPA §§ 108(b)(4)(B) and 315(a), and (b) and 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), will remain in
effect; and the 15% limitation for title III, at JTPA § 315(c), as well as the 15% limitation for
title II-B, at JTPA § 253(a)(3) and 20 CFR 627.445(b)(3), will be waived and replaced by the
same 20% administration limitation as for titles II-A and II-C at JTPA § 108(b)(4)(A). The
provisions at § 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 NRA grants] shall refer only to
the 20% administration cost limitation. The Secretary will apply JTPA § 108(b)(2) and (3)
and 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.
G. The Secretary waives the requirement of the JTPA regulations at 20 CFR 627.440
(b)(3), (4), (5), (6), (7), (8) and (9) for separate planning, control and charging of
expenditures for eighty percent (80%) of the eight percent (8%) education coordination and
grants set-aside program and for the five percent (5%) older worker set-aside program. The
State agrees that it will continue to use the 5% older worker funds under Title II-A to serve the
target older worker population. The State also agrees to use the JTPA § 123 funds to provide
services similar to the intended school-to-work services, literacy and life long learning
services, and other appropriate educational services for youth under Title II-C. To accomplish
this the current transfer authority will permit the Title II-A funds intended for JTPA § 123 use
to be transferred to Title II-C. To ensure that the same level of services continue to be
provided for activities under JTPA § 123, the State continues to be required to provide a dollar
for dollar match for the level of federal funds that, without this waiver, would be used for
educational activities under JTPA § 123.
H. The Secretary waives the requirement of the JTPA regulations at 20 CFR 627.440
(b)(1), (2), and (10) for separate planning, control and charging of expenditures for the five
percent (5%) State administration and program management set-aside, the five percent (5%)
incentive grants, capacity building and technical assistance set-aside, and twenty percent (20%)
of the eight percent (8%) education coordination and grants set-aside. The State agrees that it
will continue to provide for the administration and management of the program, will provide
incentive grants when appropriate, will provide any needed technical assistance and engage in
any necessary capacity building activities, and will continue to facilitate coordination of
education and training services for eligible participants.
I. 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 two following years, provided the State expends at least eighty percent of allotted funds in
the year of allotment.
J. The Secretary waives the provisions at 20 CFR 627.465(e)(1) and (2) for personal
property procured before July 1, 1993. The State agrees that the accountability, records
retention, use and disposition requirements of 20 CFR 627.465(a) - (d) shall apply to all
JTPA personal property. 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 Program Year 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. The State will take into account the
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 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 September 30, 1997.
STATE OF WYOMING
_________________________________________________________________
| Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
| JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Wyoming Department of Employment
Employment Resources Division
P.O. Box 2760
Casper, Wyoming 82602
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement