/ / 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 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 being granted under the provisions of 20 CFR 627.201 for a period of
four years from the effective date of this Grant Modification.
B. 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
C. 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 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 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.
D. The Secretary waives JTPA § 141(g)(2) and 20 CFR 627.240(b)(1), (2) and (3), which
provides maximum time limits during on-the-job training, provided that the training time
during the 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. The State agrees to develop a policy that addresses the
circumstances under which the limit of 6 months may be exceeded and the maximum duration,
if any, that will apply to on-the-job training.
E. The Secretary waives that portion of 20 CFR 627.240(f)(3) which precludes OJT with a
participant's "current employer" in "an upgraded job" for title II eligible participant's, on
condition that the OJT with a title II eligible participants' current employer results in the
acquisition of new skills and higher pay by the participant.
F. The Secretary waives the requirements at JTPA § 141(k) that prohibit subsidized
employment with private for-profit employers, to permit limited internships, entry employment
and tryout employment with private for-profit employers, in cases where the objective
assessment and individual service strategy indicate it is the appropriate intervention when:
G. The Secretary waives the JTPA procurement requirements and the implementing
regulations at §164(a)(3) and 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
consistent with Office of Management and Budget (OMB) Circular A-102 as codified in the DOL
regulations at 29 CFR 97.36 (The Common Rule). References elsewhere in JTPA to § 164(a)(3)
should be understood to apply to State and local procurement provisions. The Circular/Common
Rule requires the State to follow the same policies and procedures it uses for procurements from
its non-Federal funds when procuring property and services under a grant.
H. The Governor agrees to continue to require an objective assessment and individual service
strategy (ISS) 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 ISS
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 stand-alone activities permitted in paragraph I. below (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.
I. 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.
J. 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 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.
K. The Secretary will apply the provisions of needs-based payments at JTPA § 204(b)(2)(I)
and (c)(3) and 20 CFR 627.305(b)(1) to title III participants. However, the eligibility provisions
of JTPA § 314(e)(1) and 20 CFR 631.20 shall continue to apply to needs-related payments and
additionally to needs-based payment for title III participants.
L. The Secretary shall apply the requirements in Training and Employment Information
Notice (TEIN) No. 26-96 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.
M. 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. 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 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 TEGL
No. 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.
COMMONWEALTH OF VIRGINIA
_________________________________________________________________
| Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
| JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Governor's Employment and
Training Department
Theater Row Building, 9th Floor
730 E. Broad Street
Richmond, Virginia 23219
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement