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 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." The State may extend
this waiver to exclude 50 percent of Social Security or Survivors' Benefits payments received
by dependent children "living with and being raised by grandparents." 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 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.
D. The Secretary waives the requirement at JTPA § 106(b)(7)(E) that limits the amount of
incentive funds that can be applied to performance standards established by the Governor to 25
percent. The State may use not more than 50 percent of the incentive grants for new
performance standards established by the Governor, including workforce readiness standards
established for the One-Stop Career Centers system.
E. 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.
F. The State's request to exclude persons who transfer to another JTPA program from the
calculation of the performance on the Entered Employment Rate for the original program has
been granted for inter-SDA/SSA transfers only. For transfers between programs in the same
SDA, a waiver is not necessary because a workable alternative already exists.
G. 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.
H. The Secretary waives the requirements of 20 CFR 627.240(b)(1), (2) and (3), which
provide maximum time limits during on-the-job training, provided 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 Secretary also 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 participants, 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.
I. 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.
J. 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 paragraphs I. and L. herein (i.e., work
experience, job search assistance, job search skills training, job club for both youth and adults,
and pre-employment and work maturity skills training for youth) which rely on the objective
assessment and ISS.
K. The Secretary will apply JTPA § 204(b)(2)(J) and (c)(4) and 20 CFR 627.310(e) to title
III to enable title III participants to receive post-termination services, excluding financial
assistance, for up to one year consistent with title II. Additionally, the Secretary will apply
JTPA §§ 204(b)(2)(J) and (c)(4), 264(c)(2) and (d)(5), 314(c)(15), and 20 CFR 627.310(e) to
authorize training as a post-termination service and contingent upon the Governor:
However, the provision within 20 CFR 627.310(e) which prohibits the use of financial
assistance as a post-termination service is not waived. Therefore, needs-based and needs-related payments are not post-termination options under this waiver for both titles II and III.
L. 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.
M. 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.
N. 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 shall apply this waiver to permit the
State to have the flexibility to increase the 20% limitation to 25% on a case by case basis when
additional administrative costs must be incurred to support the activities of a local Workforce
Investment Board and promote the one-stop system.
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.
O. 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.
P. 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 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.
These waivers are open for modification and the Department will also entertain
additional requests for waivers during this program year. These waivers apply to the title II
and the title III formula programs. However, ETA will consider requests to apply specific
waivers to individual title III Secretary's National Reserve Account (NRA) grants which are
active during Program Year 1997. In addition, ETA will consider requests to incorporate
specific waivers into new individual NRA grants, as appropriate.
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 NEW JERSEY
_________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
State of New Jersey
Department of Labor
CN055
Trenton, New Jersey 08629-0055
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement