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 shall apply the authorized services provisions of JTPA §§ 204(b), 264(c)
and 314(a) - (e) in such a manner as to permit the State to offer services available under titles II-A
II-C and III to any participant in the program, subject to the following conditions:
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 20 CFR 627.201 for
a period of four years from the effective date of this Grant Modification.
C. 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.
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) 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.
E. 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, as requested, 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 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.
F. 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), the 15% limitation for
title III, at JTPA § 315(c), and 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 a uniform 25% administration limitation for titles
II-A, II-B, II-C, and III [except for NRA grants]. 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 approved 25% 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.
G. The Secretary waives the property use requirements imposed at 20 CFR 627.465 for
supplies and equipment used in a one-stop center only. Thus, equipment and supplies that JTPA
brings to a one-stop environment arrangement are properly useable for the one-stop center and
are not required to be restricted to JTPA use only.
H. 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.
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 YORK
_________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
New York State Department
of Labor
State Office Building Campus
Building 12, Room 500
Albany, New York 12240
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement