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 criteria regarding youth employability enhancement (YEEN)
termination set forth in TEGL 4-95, Change 1, "Job Training Partnership Act (JTPA) Title II
and Title III Performance Standards for PY's 1996 and 1997" and in TEIN 5-93, Change 1,
"Standardized Program Information Report Instructions", provided that 1) the SDA/State
demonstrates that the youth did not need training in all competencies (for example, pretests
indicated no need for basic skills or preemployment/work maturity or training in one of the
two required competencies was provided by a funding source other than JTPA); and 2) in
cases where a youth participant needs only one additional competency to qualify for the
YEEN, training for that competency must be provided (not necessarily funded) by JTPA.
SPIR reporting requirements will continue, and ETA will issue revised reporting instructions
to accommodate this waiver. The basic definition of the Youth Employability Enhancement is
not changed.
B. The Governor agrees to continue to require an objective assessment and individual
service strategy 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 individual service strategy 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 standalone activities permitted in paragraphs C. and I. below (i.e., work
experience, job search assistance, job search skills training, job club for both youth and adults)
which relies on the objective assessment and ISS.
C. 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
§ 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.
D. The Secretary waives the requirements of 20 CFR 627.240(b)(3), which provides
maximum time limits during on-the-job training for part-time workers, provided the part-time
training time during OJT is correctly determined.
E. 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.
F. The Secretary waives the provisions at JTPA § 106(b)(7)(e) which require that no more
than 25 percent of the incentive grant be awarded based on performance standards prescribed
by the State.
G. 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 meets the eighty percent expenditure requirements
in the year of allotment. This administrative regulatory waiver is being granted under the
provisions at 20 CFR 627.201.
H. 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 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.
I. 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.
J. As requested, the Secretary waives the requirements at JTPA § 141(k) that 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 when:
K. 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." This administrative
regulatory waiver is granted under the provisions of 20 CFR 627.201 for a period of four
years from the effective date of this Grant Modification.
L. 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 granted under the provisions of 20 CFR 627.201 for a period of four years from the effective date of this Grant Modification.
M. The Secretary waives the JTPA procurement requirements at JTPA § 164(a)(3) and the
implementing regulations at 20 CFR 627.420(a)(1), (2), (3), and (4); (b); (d)(1); (e)(1), (2),
(3), and (5); (g) and (h). The Governor agrees to use State and local procurement procedures
and to abide by Office of Management and Budget (OMB) Circular A-102 as codified in the
DOL regulations at 29 CFR, Part 97. References elsewhere in JTPA to § 164(a)(3) will be
understood to refer to State and local procurement provisions.
N. 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), and (g) eliminating all cost limitations for titles II and III; and will
apply JTPA § 108(b)(2) and (3); 20 CFR 627.440(b), (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.
O. 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 OHIO
________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Job Training Partnership-Ohio
Ohio Bureau of Employment Services
145 South Front Street, 4th Floor
P.O. Box 1618
Columbus, Ohio 43216
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement