/ / 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 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.
B. 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 combination requirements at 20 CFR 627.245(d) and 628.804(e) and (f) are
waived where such strategy is supported by an individual assessment.
C. The Secretary waives the prohibition on the payment of nonregular wages for youth at 20 CFR 627.240(c)(2)(iii) and (iv) for youth in on-the-job training on the condition that the State develops procedures which effectively ensure the maintenance of wage standards, labor standards, and worker rights.
D. 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
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.
E. The Secretary waives JTPA §§ 108(b)(4)(B) and 315(a), and (b); 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), the 15% limitation
for title III, at JTPA § 315(c), and the 15% limitation for title II-B, at JTPA § 253(a)(3) and at
20 CFR 627.445(b)(3) of the JTPA regulations will remain in effect. 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 national reserve account (NRA) grants] shall
refer only to the administration cost limitations. 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. Reporting instructions for the two cost category reporting method have been
developed and will be provided to the State.
F. 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 FLORIDA
_________________________________________________________________
| Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
| JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Florida Department of Labor
and Employment Security
2012 Capital Circle, Southeast
Suite 303, Hartman Building
Tallahassee, Florida 32399-2152
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement