MINNESOTA


JOB TRAINING PARTNERSHIP ACT (JTPA) GRANT AGREEMENT

MODIFICATION


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 waives the Adult Follow-Up Employment Rate and the Adult Follow-Up Weekly Earnings performance standards in cases where all of an SDAs' terminees in the follow-up year are welfare recipients included in the performance standards for Welfare Follow-Up Employment Rate and Welfare Follow-Up Weekly Earnings. This is a modification of the Department's performance standards policy announced in Training and Employment Guidance Letter 4-95, Change 1, dated May 3, 1996. The Governor agrees to revise the incentives and sanctions policy to accommodate these changes.

B. The Secretary waives JTPA § 108(b)(4)(B) and 20 CFR 627.445(a)(1)(i) and (a)(2)(i), eliminating the non-administration cost limitations for titles II. The 20% administration limitation for titles II-A and II-C, JTPA § 108(b)(4)(A), and the 15% limitation for title II-B, at JTPA § 253(a)(3) and 20 CFR 627.445(b)(3) 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, and II-C 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) to reduce the number of cost categories to two: Administration and Program csts. The costs of Administration shall be those defined at 20 CFR 627.440(d)(5) for title II. Program Costs will consist of all other costs including those defined at 20 CFR 627.440(d)(1), (2), (3), and (4).

C. The Secretary waives the prohibition on stand-alone job search assistance 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) to the extent that they apply to job search assistance (but not to any other activity listed therein as prohibited for stand-alone use) 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."







D. The Secretary waives the youth OJT requirement at JTPA § 264 (d)(3)(C)(i)(I) and 20 CFR 628.804(j)(1)(i) on condition that the State assure that OJT positions for youth have substantial training content, that the training time is correctly determined, and that the OJT opportunities reflect positions with career potential.

E. The Secretary waives the requirements at JTPA § 141(k) which prohibit 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:

  1. It is used in the private-for-profit sector, as in the public and private non-profit sector, for those participants who need to build and demonstrate labor market skills or undertake career exploration, in jobs for which there is a demand in the community and which are within the skill of the participant. This authority shall be administered so as to preclude the reintroduction of abuses where participants are placed in low skill, low wage paying jobs as a subsidy to the employer;

  2. It is used when on-the-job training is not available or is inappropriate;

  3. The worker protections under JTPA § 143 are in place, particularly health and safety standards and workers' compensation, and that no displacement or reduction in hours of regular employees occurs; and

  4. It is provided as a temporary activity of limited duration. The State agrees to set a policy for the maximum duration.


F. 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 PY 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 and II-C. In order to meet this performance improvement, the State is expected to require that each SDA make some improvement in performance and that those SDAs 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.

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 MINNESOTA



_________________________________________________________________
Governor or JTPA Signatory Official Date
(Typed Name/Signature)



U.S. DEPARTMENT OF LABOR



_________________________________________________________________
JAMES C. DE LUCADate




JTPA GRANT RECIPIENT

Workforce Preparation Branch
Minnesota Department
of Economic Security
390 North Robert Street, First Floor
St. Paul, Minnesota 55101

Grant Agreement Nos.
(Check affected agreements, statutory waivers)

/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement