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 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.
B. 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.
C. The Secretary will apply JTPA § 204(c)(4) and 20 CFR 627.310(e) to title III to enable
title III participants to receive post-termination services, except for 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(d)(5) and 314(c)(15) and 20 CFR 627.310(e) to authorize training
as a post-termination service 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 title II and III.
D. The Secretary waives the requirements at JTPA § 141(k) which prohibits subsidized
employment with private for-profit employers, to permit limited internships with private for-profit employers, in cases where the objective assessment and individual service strategy
indicate it is the appropriate intervention, and when:
E. The Secretary waives JTPA § 108(b)(1), (4) and (c); the 15% administration cost limitation under JTPA §§ 253(a)(3); 315(a), (b), and (c); 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 national reserve account (NRA) grants]; and will apply JTPA § 108(b)(2) and (3); 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. Reporting
instructions for the two cost category reporting method have been developed and will be
provided to the State.
F. The Secretary shall apply the requirements in TEIN 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.
G. 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.
H. 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 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 SOUTH DAKOTA
_________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
South Dakota Department of Labor
Kneip Building
700 Governor's Drive
Pierre, South Dakota 57501-2277
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement