PENNSYLVANIA

JOB TRAINING PARTNERSHIP ACT (JTPA) GRANT AGREEMENT

MODIFICATION

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. {PA-001} The Secretary waives JTPA § 141(g)(2) and 20 CFR 627.240(b) to the extent that they limit the maximum duration of on-the-job training (OJT) to not more than

6 months or less than 500 hours, provided the training time during the OJT is correctly determined, taking into consideration the necessary occupational skills and the time required to acquire such skills, for the participant to function in the job for which the OJT is contracted. The State agrees to develop a policy that addresses the circumstances under which the limit of 6 months or less than 500 hours may be exceeded and the maximum duration, if any, that will apply to on-the-job training.

B. {PA-002} 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:

i. Developing a record keeping system that will track post-termination training provided and

outcomes achieved for any post-termination training provided.

ii. Maintaining current safeguards to ensure that employers do not receive federal funding for

training/retraining laid off and subsequently recalled/rehired employees.

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.

C. 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 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 Program Information Report 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 November 30, 1997.

COMMONWEALTH OF PENNSYLVANIA

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

U.S. DEPARTMENT OF LABOR

_________________________________________________________________
JAMES C. DE LUCA Date

JTPA GRANT RECIPIENT

Pennsylvania Department of Labor
and Industry
7th and Forster Streets, Room 1700
Harrisburg, Pennsylvania 17120

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

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