JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM
NOTICE: This file contains text of the Code of Federal
Regulations as of October 1, 1992. This text may be
used and distributed freely. Please remember,
however, that the Office of the Federal Register
provides these electronic files for informational
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version of these regulations.
PART 250 -- JOB OPPORTUNITIES AND BASIC SKILLS TRAINING
PROGRAM
Subpart A -- Purpose and Definitions
Sec.
250.0 Purpose.
250.1 Definitions.
Subpart B -- Administration
250.10 State IV - A agency administration.
250.11 Requirement for a statewide program.
250.12 Coordination and consultation.
250.13 Contracting authority.
Subpart C -- State Plan Requirements and Content
250.20 Requirement for a State JOBS plan.
250.21 State plan content.
Subpart D -- Participation Requirements, Exemptions and
Sanctions
250.30 Requirements for individual participation and
exemptions.
250.31 Volunteers.
250.32 Participation requirements for education.
250.33 Participation requirements for unemployed parents.
250.34 Sanctions.
250.35 Good cause.
250.36 Conciliation and fair hearings.
Subpart E -- Operation of State JOBS Programs/Program
Components
250.40 Providing program information to AFDC applicants and
recipients.
250.41 Initial assessment and employability plan.
250.42 Agency-participant agreement.
250.43 Case management.
250.44 Mandatory components.
250.45 Optional components.
250.46 Postsecondary education.
250.47 Other education, training, and employment activities.
250.48 Self-initiated education or training.
Subpart F -- [Reserved]
Subpart G -- Optional Components of State JOBS Programs
250.60 Job search program.
250.61 On-the-job training.
250.62 Work supplementation program.
250.63 Community work experience program.
Subpart H -- Funding
250.70 JOBS allocation entitlement.
250.71 Allotment of JOBS limit of entitlement.
250.72 Maintenance of effort.
250.73 Matching rates.
250.74 Reduced matching rate.
250.75 Activities excluded from FFP.
250.76 Financial reports, records, statements and audits.
250.77 Costs matchable as AFDC payments.
250.78 Definition of participation for enhanced FFP.
Subpart I -- Uniform Data Collection Requirements
250.80 Uniform data collection requirements.
250.81 State data systems options.
250.82 Required case record data.
Subpart J -- Operation of JOBS Programs by Indian Tribes and
Alaska Native Organizations
250.90 Scope and purpose.
250.91 Eligible Indian Tribe and Alaska Native organization
grantees.
250.92 Selection criteria for eligible Alaska Native
organizations.
250.93 Funding formula.
250.94 Program administration, implementation and operations.
250.95 Supportive services.
250.96 Waiver authority.
250.97 Application requirements and documentation.
250.98 Maintenance of effort for Indian Tribes and Alaska
Native organizations.
Authority: Sections 402, 403, 481, 481 note, 482,
483, 484, 485, 486, 487, and 1102 of the Social Security Act
as amended (42 U.S.C. 602, 603, 681, 682, 682 note, 683, 684,
685, 686, 687, and 1302); Section 204(b) of Pub. L. 100 -
485, 102 Stat. 2381.
Source: 54 FR 42245, Oct. 13, 1989, unless otherwise
noted.
Subpart A -- Purpose and Definitions
250.0 Purpose.
(a) The purpose of the Job Opportunities and Basic
Skills Training (JOBS) program under titles IV - A and IV - F
of the Social Security Act is to assure that needy families
with children obtain the education, training and employment
that will help avoid long-term welfare dependence. To
accomplish this purpose, the JOBS program is intended to;
(1) Encourage, assist, and require applicants for
and recipients of AFDC to fulfill their responsibilities to
support their children by preparing for, accepting, and
retaining employment;
(2) Provide individuals with the opportunity to
acquire the education and skills necessary to qualify for
employment;
(3) Provide necessary supportive services, including
transitional child care and medical assistance, so that
individuals can participate in JOBS and accept employment;
(4) Promote coordination of services at all levels
of government in order to make a wide range of services
available, especially for individuals at risk of long-term
welfare dependency, and to maximize the use of existing
resources; and
(5) Emphasize accountability for both participants
and service providers.
(b) This part provides that a State IV - A agency,
as a condition of participation in the AFDC program, must
operate a JOBS program. In addition, these regulations require
that States provide child care and other supportive services
for participants in the JOBS program, as well as certain other
individuals, pursuant to parts 255 and 256. This part contains
the policies, rules and regulations pertaining to the Job
Opportunities and Basic Skills Training (JOBS) program.
(c) This part is applicable to States with approved
JOBS programs pursuant to 250.20, and to all States as of
October 1, 1990.
250.1 Definitions.
Except to the extent otherwise specified in this
section, terms used in part 250 shall have the same meaning
otherwise applicable to the Aid to Families with Dependent
Children (AFDC) program.
Adult recipient means an individual other than a
dependent child (unless such child is the minor custodial
parent of another dependent child) whose needs are met (in
whole or in part) with payments of Aid to Families with
Dependent Children.
Basic literacy level means a literacy level that
allows a person to function at a level equivalent to at least
grade 8.9.
Component means any of the services or activities
available under the provisions of 250.44 through 250.48.
CWEP means the community work experience program
authorized in 250.45 and 250.63.
Department means the U.S. Department of Health and
Human Services.
FFP means Federal financial participation in
expenditures made by a State.
Institution of higher education means any
institution determined by the Secretary of Education to meet:
(1) The definition of such term contained in either
section 1201(a) or section 481(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), as amended; or
(2) The definitions of ``proprietary institution of
higher education'' or ``postsecondary vocational
institution,'' which are defined at sections 481 (b) and (c)
of that Act.
Intensive job search is, for purposes of 250.74(c),
job search by a parent in an unemployed parent case that is
either group or individual job search for a monthly average
equivalent to 20 hours per week.
JAS means a JOBS Automated System authorized under
250.81 for a State to support its operation of the JOBS
program.
JOBS is the Job Opportunities and Basic Skills
Training program required by section 402(a)(19) of the Social
Security Act, as amended by section 201(a) of the Family
Support Act of 1988 (Pub. L. 100 - 485) and set forth in part
F of title IV of the Social Security Act, as added by section
201(b) of the Family Support Act.
JOBS plan means the statewide operational plan for
JOBS.
Limited English proficiency means limited ability in
speaking, reading, writing, or understanding the English
language by a person whose native language is a language other
than English or by a person who lives in a family or community
environment where a language other than English is the
dominant language.
Make good progress and Making satisfactory progress
in an educational component mean that the participant in any
educational activity is meeting, on a periodically measured
basis of less than one year, such as a term or quarter, a
consistent standard of progress based upon a written policy
that was: developed by the educational institution or program
in which she is enrolled; and approved by the appropriate
State or local education agency and by the State welfare
agency or Indian Tribe or Alaska Native organization. Such
standard includes both a qualitative measure of a
participant's progress, such as a grade point average, and a
quantitative measure, such as a reasonable time limit by which
a student is expected to complete her studies. Upon review and
approval by the State or local education agency and the State
IV - A agency or Indian Tribe or Alaska Native organization,
the standard may provide that a student who does not meet the
institution's or program's progress standard is nonetheless
making satisfactory progress during a probationary period, or
shall be deemed to be making satisfactory progress because of
mitigating circumstances. Make good progress and Making
satisfactory progress in a training component (i.e., OJT and
skills training) mean that the participant is meeting, on a
periodically measured basis of less than one year, such as
quarterly, a consistent standard of progress based upon a
written policy that was: developed by the training provider,
and approved by the State IV - A agency or Indian Tribe or
Alaska Native organization. Such standard includes both a
qualitative measure of a participant's progress, such as
competency gains or proficiency level, and a quantitative
measure, such as a reasonable time limit for completion of the
training program. Standards for making good or satisfactory
progress in a training program must be employed by October 1,
1992, but should be used at an earlier time if available.
MSA means Metropolitan Statistical Area, a system of
geographical areas defined and maintained by the Executive
Office of the President, Office of Management and Budget.
OJT means on-the-job training as authorized in
250.45 and 250.61.
Postsecondary education means a program of
postsecondary instruction offered by:
(1) An institution of higher education determined by
the Secretary of Education to meet section 1201(a), or section
481 (a), (b), or (c) of the Higher Education Act of 1965, as
amended;
(2) An institution of higher education or a
vocational school determined by the Secretary of Education to
meet section 435(b) or section 435(c) of the Higher Education
Act of 1965, as amended; or
(3) A public institution that is legally authorized
by the State to provide such a program within the State.
Secretary means the Secretary of Health and Human
Services.
Target population means that group composed of each
individual who:
(1) Is receiving AFDC, and who has received such aid
for any 36 of the preceding 60 months;
(2) Makes application for AFDC, and has received
such aid for any 36 of the 60 months immediately preceding the
most recent month for which application has been made;
(3) Is a custodial parent under the age of 24 who:
(i) Has not completed a high school education and,
at the time of application for AFDC, is not enrolled in high
school (or a high school equivalency course of instruction);
or
(ii) Had little or no work experience in the
preceding year; or
(4) Is a member of a family in which the youngest
child is within 2 years of being ineligible for AFDC because
of age.
For a particular State, this term will include, in
lieu of individuals listed, such alternative groups of
long-term or potential long-term recipients as the State has
demonstrated to the satisfaction of the Secretary are feasible
target populations in that State's caseload.
UP means Unemployed Parent and refers to the program
authorized in section 407 of the Social Security Act which
provides aid to a dependent child who is deprived of parental
support or care by reason of the unemployment of the parent
who is the principal earner.
Subpart B -- Administration
250.10 State IV - A agency administration.
(a) The State agency responsible for the
administration or supervision of the State's title IV - A plan
is responsible for the administration or supervision of the
JOBS program.
(b) Except as provided in paragraph (c)(2), JOBS
activities which involve decision-making with regard to
individual participants may be performed by an entity other
than the State IV - A agency according to the policies, rules,
and regulations of the State IV - A agency. In doing so, such
entity must not have the authority to review, change, or
disapprove any administrative decision of the State IV - A
agency, or otherwise substitute its judgment for that of the
State IV - A agency as to the application of policies, rules,
and regulations promulgated by the State IV - A agency.
(c) JOBS activities may be delegated or contracted
with the exception of the following:
(1) Overall program administration, including:
(i) Establishment of optional provisions and
components of the program;
(ii) Responsibility for program planning, design of
program, and determining who should participate;
(iii) Establishment of program participation
requirements;
(iv) Development of a definition of good cause for
failing to participate; and
(v) The issuance of other policies, rules, and
regulations governing the program.
(2) Actions involving individuals, including:
(i) Determination of exemption status;
(ii) Determination of good cause for failure or
refusal to participate;
(iii) Determination and application of sanctions;
(iv) Providing notice of case actions; and
(v) Fair hearings.
250.11 Requirement for a statewide program.
(a) Not later than October 1, 1992 the State must
make the JOBS program available on a statewide basis. This
means that the JOBS program, including all components
described in 250.44 and two of the components in 250.45,
must be available in each political subdivision of the State,
unless the State determines that it is not feasible to do so.
(b) Although all required and at least two optional
components, as described in 250.44 and 250.45, must be
included in a State JOBS program, the components need not be
operated in the same manner in each political subdivision, nor
must the State operate the same optional components, as listed
in 250.45, in each political subdivision.
(c)(1) If the State IV - A agency concludes that a
statewide program is not feasible, appropriate justification
must be submitted to the Secretary for review and approval as
part of its JOBS plan, unless the following criteria are met:
(i) A minimal JOBS program is available in a number
of political subdivisions in which 95 percent of the State's
adult recipients reside; and
(ii) A complete JOBS program is available in all
Metropolitan Statistical Areas in the State, and in a number
of political subdivisions in which 75 percent of the State's
adult recipients reside.
(iii) A minimal program includes high school or
equivalent education, as specified in 250.44, one optional
component from among those specified at 250.45, and
information and referral to available non-JOBS employment
services. A complete program includes all mandatory components
as well as any two optional components.
(iv) In determining the percentages of adult
recipients residing in political subdivisions of a State, for
purposes of this section, adult members of Indian Tribes and
Alaska Native organizations who reside within the service area
of a Tribal JOBS program, pursuant to 250.90, will not be
counted.
(2) The justification must include the following:
(i) The number of adult recipients that would be
excluded and a comparison of:
(A) The estimated average annual unit cost per
participant were the JOBS program extended to excluded areas
with
(B) The estimated average annual unit cost per JOBS
participant in the included areas;
(ii) A description of the local economic conditions
that make operation of the program in such areas infeasible;
and
(iii) Whether the State expects to expend all of its
limit of entitlement, pursuant to 250.70, for the period
covered by the JOBS plan.
250.12 Coordination and consultation.
State IV - A agencies are required to assure
coordination of JOBS program services, including child care
and supportive services pursuant to 255.3(h) of the
regulations, with related services provided by other agencies.
(a) The Governor shall assure that JOBS program
activities are coordinated with programs under the Job
Training Partnership Act (JTPA) and with any other relevant
employment, training, and education programs available within
the State. At a minimum, this means that the appropriate job
training and preparation components of the State JOBS plan
shall be consistent with the coordination criteria specified
in the Governor's coordination and special services plan
required under section 121 of the JTPA.
(b) In developing the JOBS plan and carrying out the
JOBS program, including the supportive services provisions,
the State IV - A agency must consult and coordinate with other
providers, including those specified in paragraph (c) of this
section, to identify existing resources to prevent duplication
of services, assure that other program services are available
to enable participants to achieve self-sufficiency, and assure
that costs for these other services for which welfare
recipients have been eligible are not incurred by the JOBS
program pursuant to 250.72.
(c) At a minimum, the State IV - A agency must
consult and coordinate with:
(1) The State agency responsible for JTPA;
(2) The State agency responsible for the Employment
Service;
(3) The State education agency for programs under
the Adult Education Act (20 U.S.C. 1201 et seq.) and Carl D.
Perkins Vocational Education Act (20 U.S.C. 2301 et seq.);
(4) The State agencies responsible for child care
activities as described in 255.3(h); and
(5) The State agencies responsible for public
housing.
(d) The State IV - A agency and local welfare
agencies, as appropriate, must consult with the private
industry councils (as established under section 102 of the
JTPA):
(1) On the development of arrangements and contracts
under JOBS, as described in 250.13, and under the JTPA; and
(2) To identify and obtain advice on the types of
jobs available, or likely to become available, in the area.
The State IV - A agency must ensure that JOBS provides
training for the types of jobs which are, or are likely to
become, available in the area, and that resources are not
expended on training for jobs that are not likely to become
available.
(e) The State IV - A agency must exchange
information with an eligible Indian Tribe or Alaska Native
organization which submitted an application to the Department
by April 13, 1989 to operate a separate JOBS program under
250.91.
(1) This information includes available data on
adult Tribal or Alaska Native organization AFDC recipients
necessary to determine a Tribe or organization's JOBS funding
level and designated service area, as appropriate, as
described in 250.93(b). State and Tribal and Alaska Native
organization representatives receiving such AFDC recipient
data must follow comparable standards of confidentiality as
described in 250.93(b).
(2) Since the State IV - A agency maintains
responsibility for providing basic AFDC program services, such
as eligibility notifications, and child care funds or services
to participants in a Tribal JOBS program, the State and such
grantee must coordinate interrelated activities as described
in 250.94(a) and part 255.
250.13 Contracting authority.
The State IV - A agency shall carry out the JOBS
program directly or through arrangements or under contracts
with administrative entities under section 4(2) of the Job
Training Partnership Act (JTPA), with State and local
educational agencies, and with other public agencies, Indian
Tribes or Alaska Native organizations or private organizations
(including community-based organizations as defined in section
4(5) of the JTPA).
(a) Arrangements and contracts entered into under
this section may cover any service or activity (including
outreach, information and referral) to be made available under
the JOBS program. Such contracted service or activity must be
consistent with the requirements under 250.10 and must not
otherwise be available on a nonreimbursable basis, as
specified in 250.72(c).
(b) The State IV - A agency must consult with the
private industry councils on the development of arrangements
and contracts under JOBS pursuant to 250.12.
(c) In selecting service providers, the State IV - A
agency must take into account appropriate factors which may
include past performance in providing similar services,
demonstrated effectiveness, fiscal accountability, cost
efficiency, ability to meet performance standards, and such
other factors as the State IV - A agency may determine to be
appropriate.
(d) For purposes of claiming FFP, the State IV - A
agency must segregate costs by the applicable matching rates,
as defined at 250.73(b)(1), in any arrangement or contract
entered into under this section.
(e) Services contracted under JOBS are subject to
the requirements of part 92, excluding the provisions at
92.30(d)(4).
Subpart C -- State Plan Requirements and Content
250.20 Requirement for a State JOBS plan.
(a) As a condition of participation in the AFDC
program, the agency responsible for administering or
supervising the administration of the IV - A plan must:
(1) No later than October 1, 1990, establish and
operate a JOBS program under a JOBS plan that has been ap-
proved by the Secretary before implementation and that meets
the requirements of this Part;
(2) Submit its initial JOBS plan to the Secretary
for review and action at least 45 days prior to the
anticipated implementation date; and
(3) Submit its initial Supportive Services plan, in
accordance with 255.1 and 256.1 concurrent with the initial
JOBS plan, except that a State which has not submitted a JOBS
plan prior to April 1, 1990, must submit a Supportive Services
plan for transitional child care in accordance with 256.1 at
least 45 days prior to implementation.
(b) The initial JOBS plan and Supportive Services
plan will be subject to prior approval by the Secretary. FFP
will only be available for expenditures incurred after
approval by the Secretary.
(c) A State JOBS plan and Supportive Services plan
must be submitted to:
(1) The Governor for review and comment; and
(2) The State Job Training Coordinating Council
(SJTCC) and the State education agency for review and comment
at least 60 days prior to submittal to the Secretary. The plan
shall be published and otherwise made reasonably available
through local news facilities and public announcements, to the
general public, including members of federally-recognized
Tribes and Alaska Native organizations in the State, for
review and comment, concurrent with submittal to the SJTCC and
the State education agency. Comments received shall be
resolved by the State.
(d)(1) State JOBS plans and Supportive Services
plans submitted to the Secretary prior to the issuance of the
JOBS and Supportive Services plan preprints shall be
considered interim plans.
(2)(i) A State operating a JOBS program and
providing supportive services under interim plans shall submit
a new JOBS plan and a new Supportive Services plan for
approval within 90 days of the date that JOBS and Supportive
Services plan preprints are issued by the Secretary.
(ii) The new JOBS and Supportive Services plans must
be submitted for public review and comment pursuant to the
provisions of paragraph (c) no later than 30 days prior to
submittal to the Secretary, if substantial changes to the
interim plans have been made.
(iii) Interim plans shall remain in force until
formal action on the new plans is taken (i.e., approval or
disapproval) by the Secretary.
(e)(1) The State must submit an update of its JOBS
and Supportive Services plans to the Secretary for approval
not less than every two years. The update shall be considered
a new JOBS plan and Supportive Services plan, and shall be
submitted to the Secretary for approval at least 90 days prior
to beginning of the next biennial period. The State must
follow the public review and comment provisions in paragraph
(c).
(2) The update must consist of:
(i) Assurances regarding those parts of the State
JOBS Plan and Supportive Services plan that remain unchanged;
(ii) A description of any changes in program
operations including but not limited to changes in components
and target populations served;
(iii) An estimate of the number of persons to be
served by the program during the next biennium and the
availability of services provided by the State IV - A agency
as well as other providers; and
(iv) An assurance that the State JOBS plan is
consistent with the coordination criteria specified in the
current Governor's Coordination and Special Services Plan
required under section 121 of the JTPA.
(3)(i) For all States the first biennial update must
be submitted by July 1, 1992, for the period beginning October
1, 1992. As an alternative, a State may submit its first
biennial update by April 1, 1992 for the period beginning July
1, 1992. A State which elects to submit its biennial update on
April 1, 1992 for the period beginning July 1, 1992 must show
in the update that it will have a Statewide program by October
1, 1992.
(ii) A State JOBS plan and Supportive Services plan
approved pursuant to paragraph (d)(2) shall remain in force
until formal action is taken (i.e., approval or disapproval)
by the Secretary on the first biennial update.
(iii) Each approved biennial update shall remain in
force until formal action is taken (i.e., approval or
disapproval) by the Secretary on the update for the following
biennial period.
(f)(1) The State shall submit proposed amendments to
approved plans as necessary and they shall be reviewed
according to the process described at 201.3(f) and
201.3(g).
(2) A plan amendment is necessary if the State makes
changes which affect eligibility for services or requirements
to participate, or makes changes in program design that alter
the nature of the program.
(g) A State that submits a plan, an amendment to an
existing plan, or a biennial update that is not approvable
will be given the opportunity to make revisions before formal
disapproval; upon formal disapproval, a State may request a
hearing pursuant to the process set forth in 201.4 and part
213.
250.21 State plan content.
A State's JOBS plan must contain the following:
(a) Assurances that:
(1) The title IV - A agency will, upon approval of
the JOBS plan by the Secretary, have in effect and operation:
(i) A JOBS program that meets the requirements of
section 402(a)(19) and title IV - F of the Act; and
(ii) A program for providing child care and other
supportive services consistent with the requirements of the
Act and with the State's separate Supportive Services plan,
pursuant to 255.1 and 256.1;
(2) The JOBS program will meet all statutory and
regulatory requirements;
(3) To the extent that the program is available in a
political subdivision of a State and the State's resources
otherwise permit, the State will require non-exempt recipients
for whom the State guarantees child care in accordance with
255.2(a) to participate;
(4) Individuals are not discriminated against on the
basis of race, sex, national origin, religion, age, or
handicapping condition in assignment to training and education
developed under the JOBS program;
(5) In assigning participants to any JOBS program
activity the State agency will comply with the provisions of
section 484(a) of the Act;
(6) Benefits and services provided under the
programs in part A, part D, and part F of title IV of the Act
are furnished in an integrated manner;
(7) Services provided by the State IV - A agency are
not otherwise available on a non-reimbursable basis, as
required by 250.72(e);
(8) All applicants for and recipients of aid are
encouraged, assisted, and required to fulfill their
responsibilities to support their children by preparing for,
accepting, and retaining such employment as they are capable
of performing;
(9) State and local funds expended for such purpose
shall be maintained at least at the level of such expenditures
for the FY 1986. The FY 1986 level must be identified;
(10) Federal funds made available to a State for
purposes of the program shall not be used to supplant
non-Federal funds for existing services and activities which
promote the purpose of part F of title IV of the Act.
(b) Information about overall implementation of the
State's JOBS program:
(1) A statement of the goals and objectives of the
State JOBS program, and a description of how the State intends
to implement the program during the biennium to support those
goals and objectives;
(2) A description of the administrative structure
for the JOBS program;
(3) A description of the contracting process that
will be used to deliver services for the State IV - A agency,
pursuant to 250.13, including:
(i) Types of services to be provided under contract;
(ii) Types of contracts used;
(iii) Types of providers;
(4) If the State program is less than statewide,
identification of subdivisions to be included or excluded. For
any period after September 30, 1992, for which the State does
not meet the criteria at 250.11(c)(1), justification as
described at 250.11(c)(2);
(5) If the State proposes to serve target
populations other than those described at 250.1,
(i) The characteristics of the caseload in the State
that make it infeasible to meet the requirements of
250.74(a)(1); and
(ii) The long-term or potential long-term recipients
that the State is targeting instead of those described at
250.1.
(6) A description of the State's dispute resolution
process including:
(i) A description of the conciliation process
including:
(A) Length of conciliation; and
(B) The entity responsible for conciliation;
(ii) A description of an alternative fair hearing
process the State uses for the JOBS program, if any;
(iii) A description of the grievance procedure for
resolving complaints by regular employees pursuant to section
484(d) of the Act.
(c) The options for participation which the State
elects including:
(1) Lowering the age of the youngest child (but no
less than one) for the exemption pursuant to 250.30(b)(9)(i);
(2) Making exemptions in 250.30 (b)(9)(i) and
(b)(9)(ii) inapplicable to both parents and requiring their
participation if child care is guaranteed in accordance with
part 255;
(3) Limiting exemptions in 250.30 (b)(9)(i) and
(b)(9)(ii) to the parent who is not the principal earner;
(4) Establishing minimum standards for work that
qualifies an individual for the exemption at 250.30(b)(7);
(5) Making supplemental payments if a family would
experience a net loss of cash income resulting from acceptance
of a job, pursuant to 250.35(c). A State must describe what
necessary and reasonable expenses it uses to calculate ``net
loss of cash income;''
(6) Allowing a parent under age 25 who has not
completed high school or an equivalent course of education to
meet the unemployed parent program 16-hour work requirement by
participating in educational activities.
(d) A description of program operations to include
the following:
(1) A description of the client flow process;
(2) For each required component and each optional
component a State elects (including all components in
250.46, 250.47, and 250.48):
(i) A description of the services to be provided in
the component;
(ii) The extent to which such services will be:
(A) Available on a non-reimbursable basis;
(B) Provided directly or funded by the State IV - A
agency;
(iii) The extent to which such services will be
provided in each political subdivision covered by the State
JOBS program;
(3) If the State elects to use a case management
system pursuant to 250.43, a description of the case
management system to include:
(i) How case management services will be delivered
and by what entities; and
(ii) If not used statewide, description of methods
by which individuals will be assigned a case manager;
(4) If the State elects to use agreements or
contracts with participants, pursuant to 250.42, a
description of how they will be used, including, if not used
statewide, how the State will determine for whom they will be
used;
(5) If the State elects to offer an alternative work
experience component pursuant to 250.63, a description of
potential sponsors, types of activities, the hours and
duration of participation that will be required, target
populations, and how the program differs from CWEP;
(6) If the State elects to design a work program for
unemployed parents, pursuant to 250.33, a description of the
program including an assurance that the State has not
substituted education or training activities for the work
requirement;
(7) If the State elects to operate a work
supplementation component pursuant to 250.62, which of the
following options it elects and, if appropriate, what the
policy is with respect to:
(i) Exempting individuals holding supplemented jobs
from the retrospective budgeting requirements at Part 233 and
monthly reporting;
(ii) Varying the standard of need by subdivision in
which the work supplementation component is in operation;
(iii) Varying the standard of need for different
categories of recipients on the basis of ability to
participate in the program;
(iv) Making any other adjustment in the amount of
aid paid under the title IV - A plan to different categories
of recipients pursuant to 250.62(i)(3);
(v) Reducing or eliminating the amount of earned
income to be disregarded from participation in a supplemented
job;
(vi) Varying the number of months (up to nine) the
State applies the $30 and one-third or the $30 disregard;
(vii) Using a sampling methodology to determine the
amounts to be reserved and used for providing and subsidizing
jobs pursuant to 250.62(m);
(8) Description of any State limits or restrictions
upon postsecondary educational services, with respect to the
subject matter of the education or training offered, length of
program, characteristics of the institution, and length of
coverage under JOBS (if different from length of program),
for:
(i) Postsecondary education to which the State
refers a JOBS participant under 250.46.
(ii) Self-initiated education or training under
250.48(a) for which the State provides child care or
supportive services.
(9) Criteria established for:
(i) Determining the inappropriateness of educational
activities for custodial parents aged 18 or 19 who are to be
placed in training or work activities in lieu of educational
activities under 250.32(a)(3);
(ii) Assigning an individual aged 20 or over who
does not have a high school diploma or the equivalent to
educational activities under 250.32(b);
(iii) Approving postsecondary educational activities
under 250.46, if the State elects to refer participants to
such education; and
(iv) Approving self-initiated education or training
under 250.48(a).
(10) If the State elects to excuse custodial parents
under 18 years of age from educational activities, the
criteria in accordance with 250.32;
(11) If the State elects to define ``basic literacy
level'' as higher than the grade 8.9 floor defined at 250.1,
the State's definition;
(12) The State's definition of other ``good cause''
for failure to participate in accordance with 250.35(d). At a
minimum this must include circumstances that are beyond a
household's control;
(13) If a State elects to provide case management
services to an individual who loses eligibility for AFDC after
she accepts employment, the length of time up to 90 days for
which services will be provided;
(e) A description of the nature of coordination with
public and private agencies and organizations as described at
250.12. This must include:
(1) Identification of specific existing resources
that are available and appropriate for participants in the
State JOBS program;
(2) A description of coordination and consultation
in the development of the State JOBS plan;
(3) A description of how the State JOBS plan is
consistent with the coordination criteria specified in the
Governor's coordination and special services plan, pursuant to
250.12(a);
(4) The results of consultation with private
industry councils to assure that training and educational
activities under JOBS are directed toward jobs that are
available or likely to become available;
(f) Annual estimates of the numbers of persons to be
served on a monthly basis during the biennium covered by the
plan, and;
(g) Other information needed to clarify how the
State has chosen to implement its JOBS program in accordance
with title II of the Family Support Act of 1988 and
implementing regulations.
Subpart D -- Participation Requirements, Exemptions and
Sanctions
250.30 Requirements for individual participation and
exemptions.
A State JOBS plan must provide that:
(a) Where State resources otherwise permit, all
recipients of AFDC who live in a subdivision covered by a JOBS
program and for whom the State IV - A agency has guaranteed
child care in accordance with Part 255 shall be required to
participate in JOBS except as provided under paragraph (b) of
this section.
(b) An individual shall be considered exempt and not
be required to participate if she:
(1) Is a child who --
(i) Is under age 16, or
(ii) Attends, full-time, an elementary, secondary,
vocational or technical school (except that such school
attendance as a required JOBS activity for a child who loses
this exemption will not requalify the child for the
exemption);
(2) Is ill, when determined by the State on the
basis of medical evidence or another sound basis that the
illness or injury is serious enough to temporarily prevent
entry into employment or training;
(3) Is incapacitated, when verified by the State
that a physical or mental impairment, determined by a
physician or a licensed or certified psychologist, prevents
the individual from engaging in employment or training under
JOBS. This may include a period of recuperation after
childbirth if prescribed by a woman's physician;
(4) Is 60 years of age or older;
(5) Resides in a subdivision of the State where the
JOBS program is available, but in a location which is so
remote from a JOBS program or activity that effective
participation is precluded. The individual shall be considered
remote if a round trip of more than 2 hours by reasonably
available public or private transportation, exclusive of time
necessary to transport children to and from a child care
facility, would be required for a normal work or training day.
However, if normal round trip commuting time in the area is
more than 2 hours, then the round trip commuting time shall
not exceed the generally accepted community standards;
(6) Is needed in the home because another member of
the household requires the individual's presence due to
illness or incapacity as determined by a physician or a
licensed or certified psychologist, and no other appropriate
member of the household is available to provide the needed
care;
(7) Is working 30 or more hours a week. The State IV
- A agency may establish minimum standards in its JOBS plan
for work that qualifies an individual for this exemption;
(8) Is pregnant, and it has been medically verified
that the child is expected to be born in the month in which
participation would be required or within the following
six-month period;
(9)(i) Subject to paragraph (b)(9)(iv), is the
parent or other relative of a child under 3 years of age (or
an age less than 3 but not less than 1, if the State plan so
provides) who is personally providing care for the child; or
(ii) Subject to paragraph (b)(9)(iv), is the parent
or other relative personally providing care for a child under
6 years of age, unless the State IV - A agency assures that
child care will be guaranteed and that participation in the
program by the parent or relative will not be required for
more than 20 hours per week.
(iii) Only one parent or other relative in a case
may be exempt under paragraph (b)(9)(i) or paragraph
(b)(9)(ii) of this section.
(iv) In the case of a family eligible for AFDC by
reason of the unemployment of the parent who is the principal
earner, only one parent may be exempt under paragraph
(b)(9)(i) or paragraph (b)(9)(ii) of this section. The State
IV - A agency may:
(A) Limit the exemptions in paragraph (b)(9)(i) and
paragraph (b)(9)(ii) of this section to the parent who is not
the principal earner;
(B) Make the exemptions in paragraph (b)(9)(i) and
paragraph (b)(9)(ii) of this section inapplicable to both
parents and require their participation in the program if
child care in accordance with Part 255 is guaranteed with
respect to the family; or
(10) Is a full-time volunteer serving under the
Volunteers In Service To America (VISTA) program, pursuant to
Title I of the Domestic Volunteer Service Act of 1973;
(c)(1) The State IV - A agency shall reevaluate any
exemption at such time as the condition is expected to
terminate but no less frequently than at each redetermination
of AFDC eligibility;
(2) The State IV - A agency shall promptly notify
the recipient and any appropriate service providers of any
change in the recipient's exemption status.
250.31 Volunteers.
The State IV - A agency must provide that applicants
for and recipients of AFDC who are exempt under 250.30 from
participation in the program or who are not otherwise required
by the State IV - A agency to participate will be allowed to
do so on a voluntary basis to the extent that the program is
available in the applicable political subdivision and State
resources otherwise permit.
(a) The State IV - A agency shall give first
consideration to applicants for or recipients of AFDC who
volunteer to participate in determining the priority of
participation within the target populations described at
250.1.
(b) When an individual who volunteers to participate
stops participating in the program without good cause as
defined at 250.35,
(1) If she has been determined to be exempt pursuant
to 250.30, she shall not be given priority to participate so
long as other individuals are actively seeking to participate.
(2) If she has been determined not to be exempt
pursuant to 250.30, she shall be subject to sanction as
described at 250.34.
250.32 Participation requirements for education.
(a) To the extent that the program is available in
the political subdivision involved and State resources
otherwise permit, in the case of a custodial parent who is not
yet 20 years of age, has not completed a high school education
(or its equivalent) and is not exempt from participation under
250.30(b), the State shall require such a parent to
participate in educational activities as described in
250.44(a)(1). For purposes of this section, custodial parent
means the parent who lives with the child, including custodial
parents who would otherwise be exempt under 250.30(b)(9)
because of the age of the youngest child.
(1) The State IV - A agency may require full-time
participation (as defined by the educational provider) in
educational activities directed toward the attainment of a
high school diploma or its equivalent. This includes
individuals who would otherwise only have to participate on a
part-time basis because their youngest child is under 6 years
of age.
(2) The State IV - A agency may excuse a custodial
parent who is under age 18 from the school attendance
requirement if such parent is determined to be beyond the
State's compulsory attendance requirements and if the State's
JOBS plan contains criteria for making this determination. The
State's criteria must:
(i) Provide that each determination is based upon an
individual assessment of the parent rather than upon the
application of categorical exemptions;
(ii) Not rely solely upon grade completion; and
(iii) Provide for participation in another
educational activity as defined under 250.44(a) or in skills
training activities under 250.44(b) that are combined with
education.
(3) The State IV - A agency may require a custodial
parent who is age 18 or 19, and required to participate in
JOBS under this section, to participate in training or work
activities (subject to the 20-hour limit in 250.30(b)(9)(ii))
instead of educational activities described at 250.44(a) if
one of the following conditions is met:
(i) Such parent fails to make good progress in
successfully completing educational activities, or
(ii) Prior to any assignment of the individual to
such educational activities it is determined, based on an
educational assessment and the employment goal established in
the individual's employability plan, that participation in
educational activities is inappropriate for such parent.
(b) If a State IV - A agency requires an individual
who has attained the age of 20 years and has not earned a high
school diploma (or its equivalent) to participate in JOBS, the
State agency shall include educational activities consistent
with her employment goals as a component in the individual's
employability plan. Any other services or activities may not
be permitted to interfere with her participation in
appropriate educational activities under 250.44. However, a
State IV - A agency may elect not to require an individual to
participate in educational activities if:
(1) The individual demonstrates a basic literacy
level; or
(2) The long-term employment goal of the individual,
as identified by the State IV - A agency in her employability
plan, does not require a high school diploma (or equivalent).
250.33 Participation requirements for unemployed parents.
(a) The State IV - A agency shall require that at
least one parent, in any family eligible for AFDC by reason of
the unemployment of the parent who is the principal earner,
participate for a total of at least l6 hours a week in a work
supplementation program, a community work experience program,
or other work experience program, on-the-job training, or a
State-designed work program described in the State JOBS plan
and approved by the Secretary. A State-designed work program
may not substitute education or training activities for the
work requirement.
(b) In the case of a parent under age 25 who has not
completed high school or an equivalent course of education,
the State IV - A agency may require the individual to
participate in educational activities as defined at 250.44(a)
in lieu of one or more of the programs specified in paragraph
(a). An individual meets the participation requirements of
this section if he or she is making satisfactory progress as
defined at 250.1.
(c) An individual participating in a community work
experience program under 250.63 shall be considered to have
met the participation requirement in paragraph (a) if the
individual participates for the maximum number of hours in any
month calculated in accordance with 250.63(d)(1).
250.34 Sanctions.
(a)(1) When an AFDC recipient who is required to
participate in the JOBS program, including those individuals
required to participate because the State IV - A agency
exercised its option under 250.30(b)(9)(iii), fails to comply
(i.e., fails without good cause to participate in the program,
refuses without good cause to accept employment, or terminates
employment or reduces earnings without good cause), the
sanctions in paragraph (c) of this section shall apply during
the following periods:
(i) For the first such failure to comply, until the
failure to comply ceases;
(ii) For the second such failure to comply, until
the failure to comply ceases, or 3 months, whichever is
longer; and
(iii) For any subsequent failure to comply, until
the failure to comply ceases, or 6 months, whichever is
longer.
(2) Failure to participate in the program includes
failure to meet State IV - A agency requirements for
orientation, assessment, employability development planning,
or case management.
(b) For the purpose of determining that an
individual's failure to comply has ceased, a State IV - A
agency may require the individual to participate in the
activity to which she was previously assigned or an activity
designed by the State to lead to full participation for a
period of up to two weeks before terminating the sanction.
During such participation, the individual shall be eligible
for child care and support services which the State determines
are necessary for participation. If she successfully
participates in such activities, the sanction will be
considered to have terminated as of the day she agreed to
participate. If no such activity is available, the sanction
will terminate on the day she agrees to participate.
(c) During the sanction period:
(1) The State IV - A agency will not take into
account the individual's needs in determining the family's
need for assistance and the amount of the assistance payment.
(2) If the individual is a parent whose family is
eligible in accordance with 233.100, the State IV - A agency
will not take into account the needs of the second parent in
determining the family's need for assistance and the amount of
the assistance payment unless the second parent is
participating in the JOBS program.
(3) If the individual is the only dependent child,
the State IV - A agency will not take into account the
individual's needs in determining the family's need for
assistance and the amount of the assistance payment.
(d) If such individual is a parent or other
caretaker relative, payments for the remaining members of the
assistance unit will be in the form of protective or vendor
payments in accordance with 234.60(a)(12). However, if after
making reasonable efforts the State IV - A agency is unable to
locate an appropriate individual to whom protective payments
can be made, the State may continue to make payments on behalf
of the remaining members of the assistance unit to the
sanctioned caretaker relative.
(e) The State IV - A agency will promptly remind in
writing any individual whose failure or refusal has continued
for 3 months of the individual's option to end the sanction.
The notice shall advise that:
(1) She may immediately terminate the first or
second sanction by participating in the program or accepting
employment; and
(2) She may terminate any subsequent sanction after
six months have elapsed by participating in the program or
accepting employment.
250.35 Good cause.
For the purposes of 250.34(a), good cause for
failure to participate in the program or refusal to accept
employment shall be found if:
(a) The individual is the parent or other relative
personally providing care for a child under age 6 and the
employment would require such individual to work more than 20
hours per week;
(b) Child care (or day care for any incapacitated
individual living in the same home as a dependent child) is
necessary for an individual to participate or continue
participation in the program or accept employment and such
care is not available and the State agency fails to provide
such care;
(c)(1) The employment would result in the family of
the participant experiencing a net loss of cash income. A
participant may not claim good cause under this paragraph if
the State IV - A agency assures that the family will not
experience a net loss of cash income by making a supplemental
payment;
(2) Net loss of cash income results if the family's
gross income less necessary work-related expenses is less than
the cash assistance the individual was receiving at the time
the offer of employment is made. Gross income includes, but is
not limited to, earnings, unearned income and cash assistance;
or
(d) The individual meets other grounds for good
cause set forth by the State IV - A agency in its JOBS plan.
At a minimum, the State must describe what circumstances
beyond the household's control will constitute ``good cause.''
250.36 Conciliation and fair hearings.
(a) Each State IV - A agency shall establish a
conciliation procedure to resolve disputes related to an
individual's participation in the JOBS Program.
(b) Once conciliation ends and the notice of adverse
action has been issued, the individual may contest the
proposed sanction. If she contests and loses, or does not
contest, then a sanction will be imposed for the appropriate
time period.
(c) If a dispute is not resolved through
conciliation, the State shall provide the individual with an
opportunity for a hearing. The hearing process may follow the
provisions of 205.10. Alternatively, the hearing process may
be established for the JOBS program. However, assistance may
not be suspended, reduced, discontinued, or terminated as a
result of a dispute involving an individual's participation in
JOBS unless the hearing meets the due process standards set
forth by the U.S. Supreme Court in Goldberg v. Kelly, 397 U.S.
254 (1970).
Subpart E -- Operation of State JOBS Programs/Program
Components
250.40 Providing program information to AFDC applicants and
recipients.
(a) The State IV - A agency must at the time of
application or redetermination inform all AFDC applicants and
recipients, in writing and orally as appropriate, of the
availability of the program activities and the supportive
services for which they are eligible, and agency and
participant responsibilities, including:
(1) Education, employment, and training
opportunities available under the JOBS plan;
(2) Supportive services, including, but not limited
to, child care during participation, transitional child care,
health coverage transition options pursuant to section 1925 of
the Act, and transportation and other work-related supportive
services provided under the JOBS plan;
(3) The obligations of the State IV - A agency
including the program and supportive services to be provided,
as described in paragraphs (a) (1) and (2) of this section;
(4) The rights, responsibilities, and obligations of
participants in the program, including but not limited to, the
grounds for exemptions from participation and the consequences
for refusing or failing to participate (including the effect
on volunteers as described in 250.31);
(5)(i) The types and locations of child care
services reasonably accessible to participants in the program.
Such information may be provided directly or through
arrangement with others such as the appropriate human services
or resource and referral agency;
(ii) The assistance that is available to help
participants select appropriate child care services; and
(iii) The assistance available, on request, to help
participants obtain child care services.
(b) The agency must also inform applicants and
recipients of their responsibility to cooperate in
establishing paternity and enforcing child support
obligations, as described in Part 232, and must assist
individuals in obtaining the paternity establishment and child
support services for which they may be eligible.
(c)(1) After the State IV - A agency gives an AFDC
applicant the information described in paragraphs (a) and (b)
of this section, the State IV - A agency must notify the
individual, in writing, within one month of the determination
of eligibility, of the opportunity to indicate her desire to
participate in the program and provide a clear description of
how to enter the program.
(2) After the State IV - A agency gives an AFDC
recipient the information described in paragraphs (a) and (b)
of this section, the State IV - A agency must notify the
individual, in writing, within one month of providing that
information, of the opportunity to indicate her desire to
participate in the program, and provide a clear description of
how to enter the program.
(3) The notification provision in paragraphs (c)(1)
and (c)(2) of this section does not prohibit the State IV - A
agency from requiring non-exempt recipients, or applicants in
the case of job search, to participate in the JOBS program
prior to the one-month notice.
(4) If a non-exempt individual indicates a
preference not to participate, in response to such
notification under paragraphs (c)(1) or (c)(2) of this
section, such a preference does not prevent the State IV - A
agency from otherwise requiring participation in JOBS.
250.41 Initial assessment and employability plan.
(a)(1) Within a reasonable time period prior to
participation the State IV - A agency must make an initial
assessment of employability based on:
(i) The individual's educational, child care, and
other supportive services needs;
(ii) The individual's proficiencies, skills
deficiencies, and prior work experience;
(iii) A review of the family circumstances, which
may include the needs of any child of the individual; and
(iv) Other factors that the State IV - A agency
determines are relevant in developing the employability plan,
as described in paragraph (b) of this section.
(2) The State IV - A agency may conduct the initial
assessment through various methods such as interviews,
testing, counseling and self-assessment instruments.
(b) On the basis of the assessment described in
paragraph (a) of this section, the State IV - A agency must
develop an employability plan in consultation with the
participant, including a participant in a self-initiated
activity pursuant to 250.48 of this Part.
(1) The employability plan must:
(i) Contain an employment goal for the participant;
(ii) Describe the services to be provided by the
State IV - A agency, including child care and other supportive
services pursuant to Part 255;
(iii) Describe the JOBS activities, as provided in
Subpart E of this Part, that will be undertaken by the
participant to achieve the employment goal; and
(iv) Describe any other needs of the family,
pursuant to paragraph (a)(1)(iii), that might be met by JOBS,
such as participation by a child in drug education or in life
skills planning sessions.
(2) The employability plan shall take into account:
(i) Available program resources;
(ii) The participant's supportive services needs;
(iii) The participant's skills level and aptitudes;
(iv) Local employment opportunities; and
(v) To the maximum extent possible the preferences
of the participant.
(3) The employability plan shall not be considered a
contract.
(4) Final approval of the plan rests with the State
IV - A agency.
250.42 Agency-participant agreement.
(a) Following the initial assessment and the
development of the employability plan as described in 250.41,
the State IV - A agency may require the participant (or the
adult caretaker in the family of which the participant is a
member) to negotiate and enter into an agreement with the
State IV - A agency.
(1) Such agreement should indicate at a minimum:
(i) The purpose of the agreement;
(ii) The participant's obligations under the
program;
(iii) The length of participation in the program,
including the number of hours of participation per week; and
(iv) The educational, training and employment
activities, and the supportive services, including child care,
to be provided by the agency during the period of
participation.
(2) If the State IV - A agency elects this option,
it must give the participant such assistance as she may need
to review and understand the agreement.
(3) This agreement may be considered a contract
between the State IV - A agency and the JOBS participant,
pursuant to applicable State laws and regulations.
(b) If the State IV - A agency elects to use
agreements or contracts, it does not have to use them in all
political subdivisions having JOBS programs. The State IV - A
agency, however, must apply this provision to participants on
an equitable basis.
250.43 Case management.
(a) The State IV - A agency may assign a case
manager to a participant and the participant's family. The
decision to assign a case manager may be made on a
case-by-case basis.
(b) The case manager must be responsible for
assisting the family to obtain any services that may be needed
to assure effective participation in the program.
250.44 Mandatory components.
A State's JOBS program must include the following
four services and activities. The State IV - A agency need not
make each service or activity a discrete offering, but may
combine several into a single program activity, provided that
the State IV - A agency can adequately distinguish the
principal components for the purpose of Federal reporting
requirements. The required services and activities are:
(a) Any educational activity below the postsecondary
level that the State IV - A agency determines to be
appropriate to the participant's employment goal. Such
activities may be combined with training that the State IV - A
agency determines is needed in relation to the participant's
employability plan. The educational activities that must be
made available include, but are not limited to:
(1) High school education or education designed to
prepare a person to qualify for a high school equivalency
certificate;
(2) Basic and remedial education that will provide
an individual with a basic literacy level, equivalent to at
least grade 8.9; and
(3) Education in English proficiency for an
individual who is not sufficiently competent to understand,
speak, read, or write the English language to allow employment
commensurate with her employment goal;
(b) Job skills training, which includes vocational
training for a participant in technical job skills and
equivalent knowledge and abilities in a specific occupational
area;
(c) Job readiness activities that help prepare
participants for work by assuring that participants are
familiar with general workplace expectations and exhibit work
behavior and attitudes necessary to compete successfully in
the labor market; and
(d) Job development and job placement activity by
the agency, in soliciting a public or private employer's
unsubsidized job opening or in discovering such job openings,
and the marketing of participants, and securing job interviews
for participants.
250.45 Optional components.
A State JOBS program must include, but is not
limited to, at least two of the following four components:
(a) Group and individual job search, as described in
250.60;
(b) On-the-job training, as described in 250.61;
(c) Work supplementation, as described in 250.62;
and
(d) Community work experience program, or other
approved work experience program, as described in 250.63.
250.46 Postsecondary education.
A State's JOBS program may include referral of a
participant to postsecondary education, as determined
necessary to meet any individual goals that are directly
related to obtaining useful employment in a recognized
occupation, within limits established by the State IV - A
agency and reflected in the State JOBS plan. In accordance
with 233.20(a)(2)(v), the costs of such education, including
tuition, books and fees, do not qualify for FFP as special
needs.
250.47 Other education, training, and employment activities.
(a) A State's JOBS program may include education,
training, and employment activities other than those described
in 250.44 through 250.46, but which are included in the
approved State JOBS plan.
(b) In no event will a State program of public
service employment be approved under JOBS. Public service
employment is fully-subsidized employment in a public agency.
250.48 Self-initiated education or training.
(a) The State IV - A agency may allow a parent or
other caretaker relative or any dependent child in the family
who is attending in good standing an institution of higher
education (as defined in section 481(a) of the Higher
Education Act of 1965), or a school or other entity offering a
course of vocational or technical training, at the time she
would otherwise commence participation in the JOBS program, to
continue to attend. Vocational or technical training leads to
useful employment in a recognized occupation. It includes
postsecondary education, as defined in 250.1, that results in
other than a baccalaureate or advanced degree, and such
training offered by other entities such as public secondary
schools and public and private entities that offer adult
vocational education.
(1) Self-initiated activity qualifies as
``self-initiated education or training'' under this paragraph
if:
(i) The participant is attending at least half-time
as defined by the institution;
(ii) The participant is making satisfactory progress
in such institution, school, or course;
(iii) The course of study is consistent with the
individual's employment goal; and
(iv) The participant meets the State's criteria for
determining the appropriateness of the self-initiated
education or training.
(2)(i) The State IV - A agency must conduct an
assessment and develop an employability plan, as provided at
250.41, so that the State IV - A agency may determine the
appropriateness of the education or training in accordance
with the criteria it has established.
(ii) If the State IV - A agency approves the
self-initiated education or training, any other JOBS
activities in which such individual participates may not be
permitted to interfere with the education or training
activity. However, an individual may be required to accept
employment after a review of her employability plan, if the
State IV - A agency has informed her at the time it first
approves the self-initiated activity that it could perform
such a review and reassignment.
(3) The costs of self-initiated education or
training under this paragraph shall not constitute federally
reimbursable expenses under JOBS.
(4) A State IV - A agency may restrict postsecondary
education or training in its State JOBS plan.
(5) The costs of child care, transportation, and
other supportive services necessary for approved
self-initiated education or training under this paragraph are
eligible for Federal reimbursement pursuant to 255.4.
(b) If an individual in a JOBS area is enrolled in a
self-initiated activity that does not meet the requirements of
paragraph (a) of this section, the State may approve such
activity as a JOBS activity according to the regulations and
State criteria applicable to JOBS component activities covered
under 250.44 through 250.47. Eligibility for child care,
transportation and other supportive services shall be in
accordance with 255.2.
Subpart F -- [Reserved]
Subpart G -- Optional Components of State JOBS Programs
250.60 Job search program.
(a) A State IV - A agency may operate a job search
program as a component of its JOBS program. A job search
program may serve participants in either group or individual
job-seeking activities.
(1) Individual job search includes the provision of
counseling, job-seeking skills training, information
dissemination and support on a one-to-one basis.
(2) Group job search includes the provision of
counseling and training in a group setting where applicants or
recipients are taught job-seeking skills, and may include a
phone bank from which participants contact potential
employers.
(b) In addition to non-exempt recipients, a State IV
- A agency may require an individual applying for AFDC to
participate in a job search component unless she is exempt
under 250.30(b).
(c) A State IV - A agency may require an individual
to participate in a job search component from the date she
files an application for aid for an initial period of up to
eight consecutive weeks. Following this initial period (which
may extend beyond the date when eligibility is determined),
the State IV - A agency may require additional participation
in a job search component not in excess of eight weeks (or its
equivalent) in any period of 12 consecutive months. The first
such period of 12 consecutive months shall begin at any time
following the close of the initial period.
(1) A State IV - A agency may not delay the
processing of an individual's application for aid because of
her participation in job search.
(2) In no event may an individual be required to
participate in job search for more than 3 weeks before the
State IV - A agency conducts an assessment as provided at
250.41. If the State IV - A agency determines based on the
assessment that another JOBS activity is more appropriate, or
is required by Part 250, the State IV - A agency shall
terminate the job search requirement.
(d) Additional job search activities beyond those
required in paragraph (c) may be required only as part of
another educational, training, or employment component
designed to improve the individual's employment prospects.
(e) Job search by an individual under this section
shall in no event be treated, for any purpose, as an activity
under JOBS if the individual has participated in such job
search for 4 months (or its equivalent) out of the preceding
12 months.
250.61 On-the-job training.
(a) A State IV - A agency may operate an on-the-job
training (OJT) program as a component of its JOBS program.
Under OJT a participant is hired by a private or public
employer and while engaged in productive work receives
training that provides knowledge or skills essential to the
full and adequate performance of that job. The State IV - A
agency or its agent shall enter into a contract with the OJT
employer to reimburse the employer for providing training and
additional supervision to the participant.
(b) Payments to an employer for on-the-job training
shall not exceed an average of 50 percent of the wages paid by
the employer to the participant during the period of such
training.
(c) A participant in OJT shall be compensated by the
employer at the same rates, including benefits and periodic
increases, as similarly situated employees or trainees and in
accordance with applicable law, but in no event less than the
higher of the Federal minimum wage or applicable State or
local minimum wage law.
(d) Wages paid to participants in OJT will be
considered to be earned income for purposes of any provision.
(e) If a participant in OJT becomes ineligible for
AFDC pursuant to the rules applicable to earned income at
233.20, or pursuant to the 100-hour rule at 233.100 in the
case of a principal earner in an unemployed parent case, she
shall remain a JOBS participant for the duration of the OJT
and shall be eligible for supportive services under Part 255
available to other JOBS participants similarly situated.
(f) If the individual would have been eligible for
transitional child care pursuant to Part 256 at the time the
ineligibility for AFDC occurred, she shall be eligible for
transitional child care after the OJT ends for the number of
months that remain in the 12-month period following the month
in which she became ineligible for AFDC after OJT ended. As an
alternative, the State IV - A agency may treat all child care
provided after an individual in an OJT job loses eligibility
for AFDC as transitional child care if the individual meets
the requirements at Part 256.
(g) The State IV - A agency must develop qualitative
measures for making good or satisfactory progress, pursuant to
250.1, in order for OJT to qualify as a component activity
under JOBS.
250.62 Work supplementation program.
(a) A State IV - A agency may operate a work
supplementation program as a component of its JOBS program.
Under the work supplementation program, a State IV - A agency
may use AFDC funds to develop and subsidize jobs for AFDC
recipients as an alternative to aid.
(b) A ``supplemented job'' is a job provided under
this section to an eligible individual by the State or local
agency administering the State IV - A plan or by any other
employer for which all or part of the wages are paid by such
State or local IV - A agency.
(1) The State IV - A agency may use whatever means
it determines appropriate to provide or to subsidize jobs for
participants.
(2) The State IV - A agency may provide or subsidize
any type of job. It may determine the length of time the
position is to be provided or subsidized, the amount of wages
to be paid to the recipient, the amount of subsidy to be
provided by the State or local IV - A agency, and the
conditions of participation, except that no participant may be
assigned to fill any established, unfilled position vacancy in
accordance with section 484 of the Act.
(c)(1) An eligible individual is an individual who
is in a category which the State IV - A agency determines
should be eligible to participate in the work supplementation
program, and who would, at the time of placement in the
supplemented job, be eligible for AFDC if the State IV - A
agency did not have a work supplementation program in effect.
For the purpose of this section, time of placement is defined
as the date on which the State IV - A agency and the employer
reach agreement on the terms of the placement and the specific
individual to be placed.
(2) The State may establish a work supplementation
program as either a mandatory or voluntary program.
(d) A State or local IV - A agency administering the
State plan is not required to provide employee status to any
eligible individual to whom it provides a job position or with
respect to whom it subsidizes all or part of the wages paid to
such individual by another entity under this program, nor is
it required to provide that eligible individuals filling job
positions provided by other entities under such program be
provided employee status by such entity during the first 13
weeks in which they fill such position.
(e) Participants in supplemented jobs will be paid
wages which shall be considered to be earned income for
purposes of any provision of law.
(f) The State IV - A agency may elect to calculate
the amount of an eligible individual's residual (direct AFDC)
grant, if any, at the time of placement in the supplemented
job and base the amount of the residual grant (the AFDC grant
minus earnings and other countable income) for the duration of
the individual's participation in the supplemented job (in
whole or part) on that calculation. Such a policy is known as
``freezing the grant.'' If the individual becomes otherwise
ineligible for AFDC benefits, the State IV - A agency may
allow the individual to continue in the supplemented job and
divert the AFDC grant to the wage pool, but the State IV - A
agency shall not pay a residual grant to the individual.
(g) At State option, individuals who hold
supplemented jobs may be exempt from the retrospective
budgeting requirements at Part 233 and monthly reporting, and
the amount of the aid which is payable to the family of any
such individual for any month, or which would be so payable
but for the individual's participation in a supplemented job,
shall be determined on the basis of the income and other
relevant circumstances in that month.
(h) If an individual in a supplemented job would
have been eligible for transitional child care pursuant to
Part 256 at the time the ineligibility for AFDC occurred, she
shall be eligible for transitional child care after her
supplemented job ends for the number of months that remain in
the 12-month period following the month in which she became
ineligible. In the alternative, the State IV - A agency may
treat all child care provided after an individual in a
supplemented job loses eligibility for AFDC as transitional
child care if the individual meets the requirements at Part
256.
(i) A State IV - A agency may adjust the standard of
need under the State IV - A plan as the State determines to be
necessary and appropriate to carry out a work supplementation
program. Such changes in the need standard may be made
notwithstanding 233.20.
(1) The standard of need in effect in those
subdivisions of the State in which such program is in
operation may be different from the need standard in effect in
subdivisions in which such program is not available.
(2) The standard of need for categories of
recipients of aid may vary among such categories as the State
IV - A agency determines to be appropriate on the basis of
ability to participate in the work supplementation program.
(3) A State IV - A agency may make further
adjustments in the amount of aid paid under the title IV - A
plan to different categories of recipients in order to offset
increases in benefits from other government-provided,
needs-related programs as the State IV - A agency deems
necessary and appropriate to further the purpose of the work
supplementation program.
(j) A State IV - A agency may reduce or eliminate
the amount of earned income to be disregarded from
participation in a supplemented job.
(k) Notwithstanding the time limitations on the $30
and one-third and the $30 disregard in 233.20(a)(11), a State
IV - A agency may allow a participant employed in a
supplemented job to receive the $30 and one-third or the $30
disregards for one or more of the first nine months of such
employment.
(l) Payments by the State IV - A agency to
individuals or to entities providing jobs for recipients under
the work supplementation program shall be expenditures
incurred by the State IV - A agency for AFDC and shall not
exceed the amount that would otherwise be payable under the
title IV - A plan if the family of each individual employed in
the program had received the maximum amount of aid payable to
such a family with no income for a period of either 9 months
or the length of the individual's employment in the program,
whichever is less. (This amount is determined without regard
to any adjustments made under paragraphs (i), (j), and (k),
and for each month of participation, may be based upon the
maximum amount that would otherwise have been payable for a
month at the time of placement in the program).
(m) A State IV - A agency may determine the amounts
to be reserved and used for providing and subsidizing jobs
under this section by using a sampling methodology. The State
IV - A agency must describe its sampling methodology in its
JOBS plan.
250.63 Community work experience program.
(a) A State IV - A agency may operate a community
work experience program (CWEP) as a component of its JOBS
program. The purpose of CWEP is to improve the employability
of individuals not otherwise able to obtain employment by
providing work experience and training to assist them to move
promptly into regular public or private employment.
(b) The State IV - A agency shall provide
coordination among a community work experience program, any
program of job search, and the other employment-related
activities under the JOBS program to insure that job placement
will have priority over participation in CWEP, and that
individuals eligible to participate in more than one program
under JOBS are not denied AFDC on the grounds of failure to
participate in one such program if they are actively and
satisfactorily participating in another. The State IV - A
agency may provide that part-time participation in more than
one such program may be required where appropriate.
(c) Community work experience programs shall be
limited to projects which serve a useful public purpose in
fields such as health, social service, environmental
protection, education, urban and rural development and
redevelopment, welfare, recreation, public facilities, public
safety, and day care.
(d)(1) The maximum number of hours that an
individual may be required to work or undergo training (or
both) in CWEP is the number of hours which would result from
dividing the family's monthly grant amount by the greater of
the Federal or the applicable State minimum wage.
(2) The portion of a recipient's aid for which the
State is reimbursed by a child support collection (except for
the $50 pass-through) shall be excluded in determining the
maximum number of hours that she is required to work.
(e) Nothing contained in this section shall be
construed as authorizing the payment of AFDC as compensation
for work performed, nor shall a participant be entitled to a
salary or to any work or training expense provided under any
other provision of law by reason of her participation in a
CWEP program.
(f) To the extent possible, a State IV - A agency
shall take into account the prior training, experience and
skills of a recipient in making appropriate work assignments.
(1) After each six months of an individual's
participation in a community work experience program and at
the conclusion of each assignment under such a program the
State IV - A agency must provide a reassessment and revision,
as appropriate, of the individual's employability plan.
(2) After an individual has been assigned to a
position for a total of nine months, such individual may not
be required to continue in that assignment unless the maximum
number of hours of participation is no greater than the
family's grant divided by the highest of:
(i) The Federal minimum wage; or
(ii) The applicable State minimum wage; or
(iii) The rate of pay for individuals employed in
the same or similar occupations by the same employer at the
same site.
The portion of a recipient's aid for which the State is
reimbursed by a child support collection (not including the
$50 pass-through) shall continue to be excluded in determining
the number of hours that such individual may be required to
work.
(g) Participants in CWEP may perform work in the
public interest (which otherwise meets the requirements of
this section) for a Federal office or agency with its consent,
and, notwithstanding 31 U.S.C. 1342, or any other provision of
law, such agency may accept such services, but such
participants shall not be considered to be Federal employees
for any purpose.
(h) Nothing in this section or in any State plan
approved under 250.20 shall be construed to prevent a State
IV - A agency from operating (on such terms and conditions and
in such cases as the State IV - A agency may find to be
necessary or appropriate) a community work experience program.
(i) CWEP participants must not fill established,
unfilled position vacancies in accordance with section 484 of
the Act.
(j) FFP is not available for:
(1) Capital expenditures, depreciation or use
allowances in connection with a CWEP;
(2) The cost of making or acquiring materials or
equipment in connection with participation in a project; or
(3) The cost of supervision of participants.
(k) The State IV - A agency may offer any other work
experience program which is described in the JOBS plan and
approved by the Secretary.
(1) The program narrative for such a program should
include a description of the potential sponsors, the type of
activities, the hours or length of participation required,
target group(s), and how the program is different from CWEP.
(2) The limitations on FFP for CWEP in paragraph (j)
apply to all State work experience programs.
(3) Any other work experience program must meet the
general program standards at section 484 of the Act.
Subpart H -- Funding
250.70 JOBS allocation entitlement.
(a) Federal matching for JOBS program expenditures
is limited to a national total equal to the amounts
established for each fiscal year in section 403(k)(3) of the
Act.
(b) A State IV - A agency with an approved JOBS plan
shall be entitled to payments from this annual limit. The
maximum annual payment for a State will be the sum of two
amounts:
(1) An amount equal to the State's WIN or WIN
Demonstration allotment for fiscal year 1987; and
(2) An amount allocated from the balance of the
annual national limitation on the basis of each State's
relative average monthly number of adult recipients as defined
at 250.1.
(c) In accordance with 92.23, JOBS funds allocated
to a State IV - A agency for a given Federal fiscal year are
for use during that fiscal year and must be obligated by the
State no later than the end of the fiscal year. Carry forward
of an unobligated balance of Federal funds to a succeeding
Federal fiscal year is not permitted. An unobligated Federal
fund balance at the close of a Federal fiscal year will be
returned to the Federal government through the issuance of a
negative grant award by the Department following receipt of
the final quarterly expenditure report for the fiscal year.
(d) A State must liquidate all obligations incurred
under the title IV - F grant awards not later than one year
after the end of the fiscal year for which the funds were
awarded and obligated. The Federal share of unliquidated
obligations will be returned to the Federal government.
250.71 Allotment of JOBS limit of entitlement.
(a) For a State IV - A agency that implements JOBS
in a quarter of a fiscal year prior to October 1, 1990, the
State's allotment from its JOBS limit of entitlement for that
period will be proportional to the number of such quarters
that JOBS is operational in that State in that fiscal year.
(b) An Indian Tribe or Alaska Native organization
which receives the Secretary's approval to conduct a JOBS
program shall receive a direct payment for operation of its
JOBS program, without the requirement for a non-Federal share,
pursuant to 250.93.
(1) The amount of any such direct payment will be
deducted from the amount of the State's allotment, and will be
proportional to the Tribe's or organization's proportion of
the State's adult AFDC recipient population, as established
pursuant to 250.93.
(2) The remaining allocation to a State IV - A
agency shall be subject to the regulations governing FFP at
250.73.
(c) The following rules apply to Puerto Rico, Guam,
the Virgin Islands and American Samoa which are subject to the
provisions of section 1108 of the Act:
(1) The limitations on payments contained in section
1108 do not apply to a State's annual limit of entitlement for
the JOBS program as described in 250.70(b).
(2) The availability of FFP for child care under
Part 255 and the related appropriate FFP rates are described
at 255.4(b)(2) and 255.4(g).
(3) The availability of FFP for transitional child
care under Part 256 and the related appropriate FFP rates are
described at 256.4(b).
250.72 Maintenance of effort.
(a) Federal JOBS funds shall not be used to supplant
non-Federal funds for services and activities that promote the
purposes of the JOBS program.
(b) States must spend no less than the total of
State and local expenditures incurred in fiscal year 1986 for
training, employment and education programs which had a
defined purpose of preventing welfare dependency or potential
welfare dependency. This requirement includes State and local
funds expended for title IV - A and title IV - C work
programs, including expenditures on those programs which were
unmatched, and other State and local funds expended for this
purpose, with or without benefit of Federal matching funds.
This requirement also applies to expenditures for supportive
services, including child care, expended for this purpose. In
determining that State and local fiscal year expenditures are
no less than fiscal year 1986 expenditures, States may use
total aggregate expenditures.
(c) State IV - A agency contracts and arrangements
may be made for services only to the extent that they are not
otherwise available on a non-reimbursable basis. ``Not
otherwise available'' here means that if the services are
available to AFDC applicants and recipients by a provider, the
provider must maintain that level of service before the State
IV - A agency may contract for additional services of the same
sort from that provider.
(d) Any State IV - A agency arrangement or contract
must contain a certification from the provider that the
services being contracted for are not otherwise available from
that provider on a non-reimbursable basis. Services provided
on a ``non-reimbursable basis'' are those services that a
State makes available to most eligible residents or to the low
income population, including AFDC applicants and recipients.
(e) A State IV - A agency directly providing JOBS
component services must certify in the State JOBS plan that
such services are not otherwise available on a
non-reimbursable basis.
250.73 Matching rates.
(a) From a State IV - A agency's total annual limit
of entitlement, FFP is available at a rate of 90 percent for
expenditures up to an amount equal to the State's WIN or WIN
Demonstration allotment for fiscal year 1987. The State's
match for this amount may be in cash or in kind fairly
evaluated.
(b)(1) FFP will be available for the balance of a
State IV - A agency's limit of entitlement as follows:
(i) At the higher of the State's Medicaid matching
rate or 60 percent for: personnel costs (salaries and
benefits) for full-time staff working full-time in any
capacity in the JOBS program; and all direct costs associated
with providing JOBS program services to individuals, including
assessment, development of the employability plan, case
management, and JOBS component activities.
(ii) At 50 percent for: indirect personnel costs
which are excluded from JOBS matching at the FMAP rate (or
60%); non-personal services costs associated with these
indirect personnel costs, including space, travel, utilities,
equipment, and supplies; the costs of such items as JOBS
program planning, monitoring, letting contracts, systems,
title IV - F fair hearing activities, and other indirect costs
of providing JOBS services and activities; and for
transportation, work-related expenses, and work-related
supportive services as provided under the requirements of Part
255.
(2) A State's match for these amounts must be in
cash, not in kind.
(c) The costs of services and activities purchased
under contract by the State or local IV - A agency must be
segregated according to the requirements of the FMAP rate with
a floor of 60 percent and the requirements for 50 percent
matching.
(d) A State's share of JOBS expenditures may include
public and private funds.
(1) Public funds may be considered as the State's
share in claiming FFP when the funds are:
(i) Appropriated directly to the State or local
agency, or transferred from another public agency (including
Indian tribes) to the State or local agency and under its
administrative control;
(ii) Not used to match other Federal funds; and
(iii) Not Federal funds, or are Federal funds
authorized by Federal law to be used to match other Federal
funds.
(2) Funds donated from private sources may be
considered as the State's share in claiming FFP when the funds
are:
(i) Transferred to the State or local agency and
under its administrative control;
(ii) Donated without any restriction which would
require their use for assisting a particular individual or at
particular facilities or institutions;
(iii) Do not revert to the donor's facility or use.
(e) If included in a State's JOBS and Supportive
Services plans, FFP is available for JOBS activities and
services provided for certain periods to an individual who has
been a JOBS participant but who loses eligibility for AFDC.
These activities and periods are:
(1) Case management activities and supportive
services for up to 90 days from the date the individual loses
eligibility for AFDC; and
(2) JOBS component activities for the duration of
the activity if funds for the activity are obligated or
expended before the individual loses eligibility for AFDC.
250.74 Reduced matching rate.
(a)(1) FFP for a State IV - A agency shall be 50
percent (rather than the rates described in 250.73) in any
fiscal year in which that State spends less than 55 percent of
the State's JOBS expenditures on applicants and recipients who
are members of the State's target populations as defined in
250.1.
(2) If any State IV - A agency demonstrates to the
satisfaction of the Secretary that the characteristics of the
caseload in that State make it infeasible to meet the
requirements of paragraph (a)(1), and that the State is
targeting an approved set of long-term or potential long-term
recipients, the match rate in 250.73 shall be applied.
(3) A State IV - A agency need not require or allow
participation of an individual in the program if, as a result
of such participation, the amount payable to the State for
quarters in a fiscal year with respect to the program would be
reduced pursuant to paragraph (a)(1).
(b)(1) FFP for a State IV - A agency shall be 50
percent (rather than the rates described in 250.73) in any
fiscal year for the State's JOBS expenditures if the State's
participation rate (determined under paragraph (b)(2)) for the
preceding fiscal year does not equal or exceed:
(i) 7 percent if the preceding fiscal year is 1990;
(ii) 7 percent if such year is 1991, however, no
reduction in FFP shall be made in 1991 for any failure to meet
the participation rate specified in (b)(1)(i);
(iii) 11 percent if such year is 1992;
(iv) 11 percent if such year is 1993;
(v) 15 percent if such year is 1994; and
(vi) 20 percent if such year is 1995.
(2) The State IV - A agency's participation rate for
a fiscal year shall be the average of its participation rates
for computation periods in such fiscal year. The computation
periods shall be:
(i) The fiscal year, in the case of fiscal year
1990;
(ii) The first six months, and the seventh through
twelfth months, in the case of fiscal year 1991;
(iii) The first three months, the fourth through
sixth months, the seventh through ninth months, and the tenth
through twelfth months, in the case of fiscal years 1992 and
1993; and
(iv) Each month, in the case of fiscal years 1994
and 1995.
(3) The State IV - A agency's participation rate for
a computation period shall be the number, expressed as a
percentage, equal to:
(i) The average monthly number of individuals
required or allowed by the State to participate in the
program, who have participated (as defined in 250.78) in such
program in months in the computation period, plus the number
of individuals required or allowed by the State to participate
in such program, who have so participated in that month in
such period for which the number of such participants is the
greatest; divided by
(ii) Twice the average monthly number of individuals
required to participate in such period (other than individuals
described in paragraphs (b)(9)(i) and (b)(9)(iv) of 250.30
with respect to whom the State IV - A agency has exercised its
option to require their participation and individuals
sanctioned under 250.34).
(4) In determining the average monthly number of
individuals required to participate as provided in paragraph
(b)(3)(ii), the following individuals shall be excluded:
(i) Those who are determined exempt in accordance
with exemption criterion in 250.30(b);
(ii) Those who on a case-by-case basis have been
determined to have good cause for not participating;
(iii) Those who reside in an area of the State in
which the JOBS program is not operated; and
(iv) Those who have been sanctioned.
(5) If the Secretary determines that the State IV -
A agency has failed to achieve the participation rate for any
fiscal year, if the Secretary may waive, in whole or in part,
the reduction in the payment rate otherwise required by
paragraph (b)(1) if he finds that:
(i) The State is in conformity with section
402(a)(19) and part F of the Act;
(ii) The State has made a good faith effort to
achieve the applicable participation rate for such fiscal
year; and
(iii) The State has submitted a proposal which is
likely to achieve the applicable participation rate for the
current fiscal year and the subsequent fiscal years (if any)
specified therein.
(c)(1) FFP for a State IV - A agency shall be 50
percent beginning in fiscal year 1995 for the State's JOBS
expenditures (rather than the rates described in 250.73) if
the percentage of UP cases meeting the participation
requirements in 250.33, for the preceding fiscal year does
not equal or exceed:
(i) 40 percent in the case of the average of each
month in fiscal year 1994;
(ii) 50 percent in the case of the average of each
month in fiscal year 1995;
(iii) 60 percent in the case of the average of each
month in fiscal year 1996; and
(iv) 75 percent in the case of the average of each
month in each of the fiscal years 1997 and 1998.
(2) The percentage of participants for any month in
a fiscal year for this purpose shall equal the average of:
(i) The number of individuals described in 250.33
who have met the requirement therein; divided by
(ii) The total number of principal earners (but
excluding those in families who have been recipients of aid
for 2 months or less if, during the period that the family
received aid, at least one parent engaged in intensive job
search as defined in 250.1).
(3) If the Secretary determines that the State IV -
A agency has failed to achieve the participation rate for any
fiscal year specified above, the Secretary may waive, in whole
or in part, the reduction in the payment rate otherwise
required by paragraph (c)(1) if he finds that:
(i) The State is in conformity with section
402(a)(19) and Part F of the Act;
(ii) The State has made a good faith effort to
achieve the applicable participation rate and has been unable
to do so because of economic conditions in the State,
including significant numbers of recipients living in remote
locations or isolated rural areas where the availability of
work sites is severely limited, or because of rapid and
substantial increases in the caseload that cannot reasonably
be planned for; and
(iii) The State has submitted a proposal which is
likely to achieve the applicable participation rate for the
current fiscal year and the subsequent fiscal years (if any)
specified therein.
250.75 Activities excluded from FFP.
(a) The costs of education or training activities
(such as tuition, books, fees, room and board) that the State
IV - A agency determines may constitute participation under
the provisions of 250.48(a) shall not constitute federally
reimbursable expenses for purposes of the JOBS program.
(b) No funds shall be used for construction.
(c) No funds shall be used to assist, promote, or
deter union organizing.
250.76 Financial reports, records, statements and audits.
(a) The following Departmental regulations are
applicable to the JOBS program: Part 92, ``Uniform
administrative requirements for grants and cooperative
agreements to State and local governments;'' Part 16,
``Procedures of the Departmental Appeals Board;'' Part 30,
``Claims collection;'' Part 75, ``Informal grant appeals
procedures;'' Part 95, ``General administration-grant
programs;'' and Part 201, ``Grants to States for public
assistance programs.''
(b) Financial reporting of JOBS program expenditures
are generally subject to the requirements of the existing
regulations at 201.5 and 92.41, as appropriate.
(c) Financial records and accounts shall be made
available for audit purposes to the Secretary or any
authorized representative.
(d) JOBS program funds and activities shall be
audited in conformity with the requirements of 92.26 and
74.62(a).
(e) FFP improperly claimed under the JOBS program is
subject to disallowance. If a State IV - A agency disagrees
with a decision to disallow FFP, it can appeal within 30 days
of the date of the disallowance decision. The procedures for
appeal of AFDC disallowances apply, including review of the
Departmental Appeals Board, in accordance with part 16 of the
Department's regulations.
250.77 Costs matchable as AFDC payments.
(a) Costs incurred by the State IV - A agency for
supplemental AFDC payments shall be treated as title IV - A
costs with respect to which sections 403(a)(1) or 403(a)(2) of
the Act apply, when such payments are made in order that a
recipient's family shall not experience a net loss of cash
income from the recipient having been required by the State to
accept a job.
(b) Payments to employers under work supplementation
as described at 250.62(l) shall be expenditures incurred by
the State IV - A agency for AFDC.
(c) States may claim as AFDC administrative
expenditures those costs related to JOBS orientation,
determination of mandatory status, and referral to the JOBS
program when such activities are conducted by a title IV - A
eligibility or income maintenance worker. When these same
activities are conducted by JOBS staff, these costs must be
claimed under title IV - F.
250.78 Definition of participation for enhanced FFP.
(a) For the purpose of determining a State's
participation rate under 250.74(b), the average monthly
number of individuals who have participated will be the
largest number of applicants and recipients whose combined and
averaged weekly hours of participation in the activities
specified in paragraph (b)(1) equals or exceeds 20 hours per
week.
(b) For the purpose of paragraph (a),
(1) Activities include:
(i) Assessment and employability plan development,
but only for one month for each such individual for each
period on AFDC;
(ii) Any component specified in the State JOBS plan,
with the exception of job development and job placement;
(iii) Any approved self-initiated education or
training pursuant to 250.48(a);
(iv) Job entry, in the following manner. For the
month in which the job entry occurs, an individual will be
considered to be participating for the number of hours of
work. Hours of work will then be included with hours of
component activity in the month of the job entry in
determining the average weekly activity level for the
individual. Hours of work in the following month will be
counted, provided the individual retains employment throughout
the month. However, job entries will only be considered for:
(A) Individuals who were participating in a JOBS
component or activity during the month of the job entry, or
the preceding calendar month, or;
(B) Individuals who received job development and
placement services during the month of job entry, or the
preceding calendar month.
(2) The number of hours counted for an individual
will not include time spent commuting to or from the
assignment or to or from a child care provider;
(3) Individuals, other than those in high school,
will not be considered to be participating in an educational
activity during the period between school years. An individual
enrolled and in attendance in high school during the last
semester of the school year will be considered to be
participating at her average weekly attendance level for the
previous school year during the period between school years if
she is expected to return to high school for the next school
year. Individuals in all educational activities will be
considered to be participating for the assigned hours during
shorter, scheduled school breaks;
(4) An individual will be considered to have
satisfactorily participated if she attended an activity for at
least 75 percent of the monthly hours scheduled. All hours of
scheduled activity will be counted if the individual has
satisfactorily participated. Neither hours of scheduled
activity nor hours of participation will be counted if an
individual has not satisfactorily participated.
Subpart I -- Uniform Data Collection Requirements
250.80 Uniform data collection requirements.
(a) A State IV - A agency must provide to the
Department a sample of monthly unaggregated case record data
containing such data and identifiers as are specified in
250.82, and such additional data as the Secretary may from
time to time specify in an Action Transmittal or in reporting
instructions.
(1) The sample must be provided in formats specified
by the Department. Data must be submitted electronically on an
on-going basis by means of disk, tape or electronic
connection, with all cases submitted no later than 45 days
after the end of the month in which the sample is drawn.
(2) Each record of the sample must contain an
identifier that is not the Social Security number, and that
protects the privacy of the individual pursuant to the
requirements of 205.50.
(3) The sample must be large enough to provide a
precision of plus or minus two percentage points for an 0.2
attribute (p=20% or 0.2) at a 95 percent confidence level.
Submission of 100 percent of unaggregated JOBS case records is
also acceptable.
(4) The sample shall be drawn from the population of
individuals scheduled to participate in a component, actively
engaged in assessment or employability planning in the month,
or who had a job entry in the sample month or the month
previous to the sample month.
(5) For each record in the sample, the State must
verify that the individual satisfactorily participated in the
sample month, as defined in 250.78, except that for
individuals who entered employment, the State must verify only
that the individual was employed at the end of the sample
month.
(b) For the purpose of determining participation
rates, a State IV - A agency must report, for each month, on a
quarterly basis, the aggregate number of individuals required
to participate as specified in 250.74(b)(3)(ii).
(c)(1) For the purpose of calculating whether a
State spent 55 percent of its title IV - F funds on target
groups pursuant to 250.74(a), and determining the amounts
spent per family by component and activity, each year a State
IV - A agency may, instead of a cost-tracking system that
identifies all funds spent on each individual, develop and
submit to the Secretary a table of the previous Federal fiscal
year's average total JOBS cost per participant per month of
participation.
(2) The average total cost data in the table must
separately state:
(i) For pre-component activity: assessment and
related testing, employability development planning, and
associated administrative and case management costs;
(ii) For each component: component costs, and
associated administrative and case management costs;
(d) A State IV - A agency must submit any other
information that the Secretary determines necessary.
(e) Until October 1, 1991, or until sample based
reporting is implemented, whichever is later, the State must
submit such interim aggregate hardcopy reports as are required
by the Secretary.
250.81 State data systems options.
(a) A State IV - A agency may integrate its JOBS
Automated System (JAS) with an existing or planned title IV -
A system. A State IV - A agency may also use a stand-alone
system. Either option must be a client-based information
system capable of producing at a minimum all data elements
required in 250.82.
(b)(1) Title IV - A funding is available for
planning, design, development and implementation of the JOBS
interface between title IV - A and title IV - F requirements.
The interface of an automated JOBS program with the title IV -
A system, for verification of eligibility and reconciliation
of data, includes planning, design, development and
implementation of title IV - A systems to:
(i) Manage information on eligibility factors and
target group membership;
(ii) Effect notifications and referrals including
non-cooperation;
(iii) Check records of applicants and recipients on
a periodic basis with other agencies to verify continued
eligibility; and
(iv) Notify appropriate officials when a recipient
ceases to be eligible.
(2) If the JAS interfaces with an existing or
planned FAMIS-type system and all FAMIS requirements are met,
title IV - A FFP at 90 percent is available. Otherwise
interface expenditures are matched at 50 percent under title
IV - A.
(c) JOBS funding is available at a 50 percent
administrative rate for the acquisition and development of the
remainder of the JAS, subject to the requirements of 205.35
through 205.38. This excludes the JOBS interface with the
title IV - A system, but includes all other input, maintenance
and reporting of those data elements required in 250.82 that
cannot be obtained from the title IV - A system through the
JOBS interface. A cost allocation plan must be approved to
share the cost among all Federal and State programs benefiting
from the State's JAS.
(d) Administrative funding under either title IV - A
or title IV - F for systems design, development, and
implementation must comply with the requirements of 95.601,
et seq.
250.82 Required case record data.
(a) The State IV - A agency must maintain an
individual case record for each JOBS participant.
(1) For the purposes of this section, a JOBS
participant is an individual who is:
(i) Actively engaged in assessment or employability
planning during the month; or
(ii) Assigned to a component, including
self-initiated education or training pursuant to 250.48(a).
(2) To the extent the State IV - A agency's JAS can
access the required data in the required form from other
systems, duplicate entry is to be avoided.
(b) The minimum data required are:
(1) Case identifier other than Social Security
Number, but the State must maintain in its files a link
between the identifier and the SSN;
(2) Date of birth;
(3) Program status and exemption code;
(4) Youngest child's date of birth;
(5) Date of most recent AFDC opening;
(6) Number of months within the most recent 60
months of receipt of AFDC;
(7) Education level (highest grade completed) and
date completed;
(8) Literacy level, but only when the State elects
to determine a literacy level;
(9) Target group codes to identify which of the
target groups specified in 250.1 an individual was a member
of, if any, at the time of entry into JOBS, and the date of
entry;
(10) Identifier for a person not exempt, because the
State elected to reduce the age of youngest child exemption to
less than age three, or because the State elected to require
participation of the second parent in a UP case where the
second parent would otherwise be exempt for meeting the
requirements of 250.30(b)(9);
(11) Assignment status: scheduled hours, and
beginning and ending dates, for each of the following that
apply:
(i) Assessment and employability development
planning;
(ii) Each JOBS component, including separate
identification for self-initiated education or training,
pursuant to 250.48(a);
(iii) Job status, including date of job entry;
(12) Identifier indicating that the individual
satisfactorily participated in the JOBS program, as defined at
250.78, during the month, but only for sampled cases
described in 250.80;
(13) Amount of supportive services, other than child
care, paid during the month;
(14) Amount of child care payment for the month;
(15) Type of child care;
(16) Such additional data as the Secretary may from
time to time specify in an Action Transmittal or in reporting
instructions.
Subpart J -- Operation of JOBS Programs by Indian Tribes and
Alaska Native Organizations
250.90 Scope and purpose.
The purpose of an Indian Tribe or Alaska Native
organization JOBS program is to assure that Tribal (refers to
both an Indian Tribe and Alaska Native organization) members
receiving AFDC obtain the education, training and employment
services they need to avoid long-term dependency. Tribal
grantees are subject to all the regulations under part 250,
unless otherwise indicated in this subpart, and regulations
under parts 255, 74, and 92, which include general funding and
disallowance and termination provisions for Federal programs.
250.91 Eligible Indian Tribe and Alaska Native organization
grantees.
Funds shall be allotted to operate a JOBS program
pursuant to 250.71 to groups meeting the following
eligibility standards:
(a) An Indian Tribe, defined as any Tribe, band,
nation, or other organized group or community of Indians
which:
(1) Is federally recognized as eligible for the
special programs and services provided by the United States
Government to Indians because of their status as Indians; and
(2) Has a reservation, which means Indian
reservation, public domain Indian allotment, or former Indian
reservation in Oklahoma.
(b) A consortium or Tribal organization representing
more than one Tribe if each participating member Tribe meets
the eligibility requirements for JOBS as defined in paragraph
(a) of this section and if such consortium or organization
meets the following criteria:
(1) All the participating members must be in
geographic proximity to one another. However, a consortium may
operate in more than one State;
(2) The consortium must demonstrate that it has the
managerial, technical or administrative staff with the ability
to properly administer government funds, manage a JOBS
program, and comply with the provisions of the Statute and of
the regulations;
(3) The consortium must submit with its JOBS
application a resolution from each participating Tribe
authorizing the consortium to receive JOBS funds on behalf of
each Tribe in its JOBS program.
(c) An Alaska Native organization including any
Alaska Native village, or regional or village corporation
eligible to operate a Federal program under Public Law 93 -
638 (Indian Self-Determination and Education Assistance Act,
25 U.S.C. 450) or such group's designee. The boundaries of an
Alaska Native organization are those of the geographical
region, established pursuant to section 7(a) of the Alaska
Native Claims Settlement Act, (85 Stat. 688) within which the
Alaska Native organization is located.
250.92 Selection criteria for eligible Alaska Native
organizations.
(a) The Secretary may approve only one application
from an Alaska Native organization for each of the 12
geographical regions established pursuant to section 7(a) of
the Alaska Native Claims Settlement Act. The Department shall
designate the Alaska Native grantee for each geographic region
based on the following criteria:
(1) Previous experience in operating an effective
employment and training program serving Indians and Native
Alaskans;
(2) The number and kinds of activities of similar
magnitude and complexity that the applicant has successfully
completed; and
(3) The ability to provide services effectively to
all eligible Native Alaskans residing in the region.
(b) In order to be approved an Alaska Native
application must promote the efficient and nonduplicative
administration of the JOBS program in the State of Alaska.
250.93 Funding formula.
(a) A Tribal grantee's share of program funds will
be calculated annually pursuant to 250.71 and will be based
on the following ratio:
(1) The number of adult members of the Indian Tribe
receiving AFDC who live in the designated service area
compared to the total number of adult AFDC recipients in the
State. The designated service area must include the
reservation but can not extend to areas or communities which
are not designated by the Commissioner of Indian Affairs as
``near reservation'' as defined at 25 CFR 20.1(r). Tribal
grantees may exclude a portion of the reservation which is
remote from that part of the reservation where JOBS services
are provided; or
(2) The number of adult Alaska Natives receiving
AFDC who reside within the boundaries of the region which the
organization represents to the total number of adult AFDC
recipients in the State of Alaska.
(3) Tribal member means a person who is enrolled in,
or certified as meeting the membership requirements by the
designated official of, that Indian Tribe or Alaska Native
organization.
(b)(1) The State IV - A agency and the Indian Tribe
or Alaska Native organization must exchange available
information on adult Tribal AFDC recipients needed to
determine the eligible Tribal population and to define the
designated service area, if other than the reservation or
trust lands. State and Tribal representatives receiving such
AFDC recipient data must follow standards of confidentiality
to assure that recipient and Tribal privacy is protected
pursuant to 205.50.
(2) If sufficient data on adult AFDC recipient
members of a Tribe or of an Alaska Native organization are not
available, the State IV - A agency and the Tribe or
organization may enter into an agreement covering a mutually
agreed upon estimated figure of the eligible Tribal population
or covering the designated service area.
(3) If the State IV - A agency and the Tribe or
organization cannot agree on the number of Tribal adult AFDC
recipients or designated service area, the Secretary, in
consultation with the Tribe or organization and State, will
make the final determination of Tribal funding.
(c) A Tribal grantee is not required to match
Federal funds.
(d) States with Tribal JOBS programs in operation or
a pending application may require applicants and recipients
living in the designated service area to provide Tribal
membership status as a condition of eligibility for AFDC under
the following conditions:
(1) The information is necessary either to determine
the number of adult members of an Indian Tribe or Alaska
Native organization who receive AFDC, or to help determine
whether such individual is to be served by a State or Tribal
JOBS program;
(2) Upon requesting information about Tribal status,
the State must explain the reason for its request for the
information (e.g., to determine which JOBS program will serve
the individual), and refer the individual to the appropriate
Tribal JOBS program for further information;
(3) Such information is only requested in those
areas in which there is a Tribal JOBS program or an
application pending and where a State JOBS program is also in
operation; and
(4) Information requested must relate only to
membership in those Tribes or Alaska Native organizations
operating or expected to operate a JOBS program in the area.
250.94 Program administration, implementation and
operations.
(a) The Tribal grantee must designate a Tribal
agency or department to administer the Tribal JOBS program.
(1) The designated agency or department will be
responsible for the administration of the Tribal JOBS program
including the requirements under 402(a)(19) and Part F of the
Act.
(2) The responsibility for the administration of
JOBS, pursuant to paragraph (a)(1) of this section, includes
functional areas such as exemption and priority determinations
(250.30), orientation and referrals (250.40), assessment and
the development of the employability plan (250.41), JOBS
activities (250.44 and 250.94(e)), dispute resolution and
hearings (250.36). Certain other related functions are
retained by the State IV - A agency. These include the
administration of provisions on child care (Part 255) and
transitional child care services (Part 256).
(3) The designated agency or department may not
delegate or contract out any functions which involve agency
discretion, except as provided for in 250.10 of the
regulations.
(b) The Tribe or organization that submitted an
application by April 13, 1989, may begin operating its JOBS
program as of the first day of any quarter between July 1,
1989 and October 1, 1990, independent of the State's JOBS
implementation date. If the Tribe or organization elects to
begin operating its program before the State, during this
interim time period:
(1) The Tribe or organization must guarantee
necessary child care (without additional title IV - A funding
for child care pursuant to Part 255) if it requires an
individual to participate in its JOBS program.
(2) If the Tribe or organization cannot guarantee
necessary child care as described in paragraph (b)(1), it
cannot require an individual to participate in its JOBS
program but may operate an entirely voluntary program.
(c) The Tribe or organization may not begin its JOBS
program prior to approval of the Secretary. Final
documentation for the application (meaning supplemental
materials submitted after the initial April 13, 1989
application) must be sent to the Department at least 45 days
prior to implementation of the Tribal program. This will allow
sufficient time for the Department's review and approval.
(d)(1) Tribes or organizations shall not be subject
to the specific requirements of 250.12 of the regulations,
but must coordinate program services with appropriate agencies
as follows:
(i) The Tribal application with final documentation
must be submitted to the State IV - A agency for its review
and comment at least 30 days before submittal to the
Secretary. The Tribe or organization shall consider comments
made by the State IV - A agency in its application submitted
to the Secretary.
(ii) The application with final documentation must
also be made available to Tribal members for review and
comment at least 30 days prior to submittal to the Secretary.
The Tribe or organization must certify in its application that
such public participation has taken place.
(2) To operate a JOBS program, the Tribe or
organization must coordinate with the State IV - A agency to
ensure that interrelated program functions are effectively
performed. These functions include State responsibilities --
such as providing to the Tribal grantee eligibility
notifications and the necessary child care funds or services
for Tribal participation -- and Tribal responsibilities --
such as notifying the State IV - A agency when Tribal members
fail to participate without good cause.
(3) A Tribe or organization must consult and
coordinate with other providers including those specified in
paragraph (d)(4) of this section, to identify existing
resources, prevent duplication of services, and ensure that
the maximum level of services is available to enable
participants to achieve self-sufficiency.
(4) At a minimum, the Tribal grantee must consult
and coordinate with:
(i) The Tribal agency responsible for JTPA, if
applicable;
(ii) The Tribal agency responsible for other
employment and training services, including those offered
under the Bureau of Indian Affairs;
(iii) The Tribal agency responsible for education,
including any programs under the Bureau of Indian Affairs, the
Department of Interior, or under the Office of Indian
Education of the Department of Education.
(5) The Tribal grantee must consult with existing
formal advisory councils, such as private industry councils,
on the development of arrangements and contracts under JOBS,
as described in 250.12(d).
(6) The Tribal grantee must consult with private
industry councils and Tribal Employment Rights Offices, as
appropriate, to identify, and obtain advice on, the types of
jobs available or likely to become available within a
reasonable commuting distance from the Tribe's designated
service area or the organization's boundaries. The Tribe or
organization must ensure that JOBS provides training for the
types of jobs which are, or are likely to become, available in
or near its designated service area or organization's
boundaries and that resources are not expended on training for
jobs that are not likely to become available.
(e) Tribal programs are subject to the requirements
of 250.44 but are not subject to the requirements of 250.45.
(1) A Tribal JOBS program must include all the
mandatory components at 250.44 unless the Tribe or
organization can justify that such activities are
inappropriate. A Tribe's or organization's application must
describe the types of activities and methods of delivery for
each of the mandatory components.
(2) Tribal programs are not subject to the
provisions at 250.45 but must include at least one of the
following components unless a Tribe or organization can
justify that such activities are inappropriate:
(i) Group and individual job search, as described in
250.60;
(ii) On-the-job training, as described in 250.61;
(iii) Community work experience program, as
described in 250.63, or a work experience program as approved
by the Secretary;
(iv) Work supplementation program, as described in
250.62;
(v) Alternative education, training and employment
activities which are not described in 250.60, 250.61,
250.62 or 250.63, as approved by the Secretary.
(A) Innovative approaches with the private sector
are encouraged if they are consistent with the purpose of JOBS
to assist AFDC recipients to avoid long-term dependency.
(B) JOBS funds may not be used for public service
employment or for allowances other than for those required for
supportive services as described in Part 255.
(3) Because the amount of the IV - A payment is an
integral part of determining participation in work
supplementation and community work experience programs, a
Tribe or organization may operate these programs only if
adequate agreements with the State IV - A agency are
implemented. The agreements should cover operational
procedures and the exchange of information, including grant
levels and child support calculations for community work
experience participants and earnings for work supplementation
participants.
250.95 Supportive services.
(a) The Tribal grantee must provide, pay for, or
reimburse necessary supportive services (other than child
care) pursuant to Part 255, including transportation and other
work-related expenses, that the Tribe or organization
determines are necessary to enable an individual to
participate in JOBS.
(b) The State IV - A agency is responsible for
guaranteeing child care for Tribal JOBS participants according
to the provisions specified under Part 255.
(c) If the Tribe or organization is using child care
funds or services provided by the State pursuant to paragraph
(b) of this section, it must ensure, based on a method which
is mutually acceptable to the State IV - A agency and Tribal
grantee, that necessary child care is available when requiring
an individual to participate in its program.
(d) If the Tribe or organization does not choose to
use State funds or services for child care, it must provide
(without additional title IV - A funding for child care) these
funds or services in order to guarantee necessary child care
when requiring an individual to participate.
(e) Once the State has implemented its JOBS program,
the Tribe or organization, in order to require an individual
to participate, must guarantee necessary child care either
through the State IV - A agency, pursuant to paragraphs (b)
and (c), or directly, pursuant to paragraph (d) of this
section; but it may not operate an entirely voluntary JOBS
program.
250.96 Waiver authority.
The Secretary may waive any JOBS requirements set
forth under section 402(a)(19) and Part F of the Act that he
determines inappropriate for Tribal JOBS programs.
(a) The Secretary has determined that certain
requirements of the Act are inappropriate for JOBS programs
operated by Indian Tribes or Alaska Native organizations. They
cover the following provisions or sections of the regulations:
(1) Section 250.10 (IV - A agency administration);
(2) Section 250.11 (Statewide requirement);
(3) Section 250.12 (Coordination and consultation);
(4) Section 250.20 (State plan requirements);
(5) Section 250.21 (State plan content);
(6) Section 250.33 (UP - 16 hour rule);
(7) Section 250.45 (Optional components);
(8) Section 250.70 (a) and (b) (Allocation
entitlement);
(9) Section 250.71 (b)(2) and (c) (Allotment);
(10) Section 250.72 (Maintenance of effort); -
(11) Section 250.73 (Matching rates);
(12) Section 250.74 (Reduced matching rate);
(13) Section 250.78 (Definition of Participation for
Enhanced FFP);
(14) Section 250.80 (Uniform Data Collection
Requirements);
(15) Section 250.81 (State data systems);
(16) Section 250.82 (Required case record data);
(17) Section 255.1 (c) and (h) (Supportive Services
plan requirements).
(b) A Tribe or organization may request that the
Secretary waive any other requirements of section 402(a)(19)
or Part F of the Act not listed under paragraph (a) of this
section with proper justification. The Secretary will consider
the appropriateness of such waivers on a case-by-case basis.
250.97 Application requirements and documentation.
(a) As a condition of participation in the JOBS
program, the designated Tribal agency or department
responsible for administering the JOBS program must:
(1) No later than October 1, 1990, establish and
operate a JOBS program under a JOBS application that has been
approved by the Secretary before implementation and meets the
requirements of parts 250 and 255.
(2) Submit final documentation for the application
to the Secretary for review and action at least 45 days prior
to the anticipated implementation date. The Tribal grantee may
not begin its JOBS program prior to the Secretary's approval
pursuant to 250.94(c).
(b) The Tribal application must be submitted to the
State IV - A agency for review and comment at least 30 days
prior to submittal to the Secretary. The application shall be
made available to Tribal members for review and comment at
least 30 days prior to submittal to the Secretary. Comments
received shall be resolved by the Tribe or organization.
(c)(1) The Tribal grantee must submit an update of
its JOBS application to the Secretary for approval at least
every two years. The update shall be considered a new JOBS
application and shall be submitted to the Secretary for
approval at least 90 days prior to the beginning of the next
biennial period. The Tribal grantee must follow the public
review and comment provisions in paragraph (b).
(2) The update must consist of:
(i) Assurances regarding those parts of the Tribal
JOBS application that remain unchanged;
(ii) A description of any changes in program
operations including but not limited to changes in component
activities; and
(iii) An estimate of the number of persons to be
served by the program during the next biennium.
(3)(i) For all Tribal grantees the first biennial
update must be submitted by July 1, 1992, for the period
beginning October 1, 1992.
(ii) Each approved biennial update shall remain in
force until formal action is taken (i.e. approval or
disapproval) by the Secretary on the update for the following
biennial period.
(d) The Tribal grantee shall submit proposed
amendments to the approved application as necessary, and they
shall be reviewed according to the process described at
201.3(f) and 201.3(g).
(e) A Tribe or organization that submits an
application, an amendment to an existing application, or a
biennial update to its application that is not approvable will
be given the opportunity to make revisions before formal
disapproval; upon formal disapproval, a Tribe or organization
may request a hearing pursuant to the process set forth in
201.4 and Part 213.
(f) A Tribal applicant must submit documentation
(which is in addition to the information requested in the
application) covering the following items for the Secretary's
review before final approval of the application can be
determined:
(1) Assurances that the administering Tribal agency
will have in effect a JOBS program which meets the
requirements of section 402(a)(19) and Part F of the Act,
unless waived by the Secretary, and including cross-references
to all appropriate statutory and regulatory requirements that
the JOBS program will meet;
(2) A description of the administrative process and
methods of delivery for:
(i) Providing program information under 250.40;
(ii) Assessments pursuant to 250.41;
(iii) Agency-participant agreements, if this option
is elected;
(iv) Case management system (250.43), if this
option is elected;
(3) A description of the mandatory and elected
optional component activities described under 250.94(e) and
the methods of delivery;
(4) A description of the selection and assignment
criteria that will be used to refer participants to the
various services and activities provided under the Tribal JOBS
program;
(5) A description of the coordination processes with
other programs, including any agreements with the State IV - A
agency, Tribal JTPA agency, other employment and training
agencies and educational agencies, specifying how these other
agencies will track and report to the Tribe or organization on
satisfactory participation and use of JOBS funds;
(6) A description of how the administering Tribal
agency will determine eligibility for work-related expenses
such as clothing or transportation and other supportive
services; a listing of the work-related expenses and the
supportive services it will provide to its JOBS participants;
the methods of delivering these supportive services; and
(7) A description of the conciliation and hearings
procedures which meet the due process standards specified in
proposed 250.36, including notification to the State IV - A
agency of formal decisions that a non-exempt Tribal member has
failed to participate.
250.98 Maintenance of effort for Indian Tribes and Alaska
Native organizations.
Tribal programs are not subject to the requirements
in 250.72 but are subject to the following requirements:
(a) JOBS funds shall be used only for education,
training and employment activities that are in addition to
those which would otherwise be available to Tribal AFDC
recipients in the absence of such funds.
(b) A Tribe or organization may contract for
services only to the extent that such services are not
otherwise available to AFDC Tribal recipients on a
non-reimbursable basis.
PART 251 -- PROGRAM PARTICIPANT EMPLOYMENT PROTECTION
Sec.
251.0 Purpose.
251.1 Program activity conditions.
251.2 Workers' compensation and tort claims protections.
251.3 Displacement.
251.4 Grievances by regular employees.
251.5 Complaints with respect to on-the-job working
conditions, workers' compensation coverage and CWEP wage
rates.
Authority: Sections 484 and 1102 of the Social
Security Act as amended (42 U.S.C. 684 and 1302)
Source: 56 FR 2639, Jan. 23, 1991]
251.0 Purpose.
(a) The purpose of this part 251 is to set forth the
conditions generally applicable when assigning participants to
program activities (i.e., work, education or training) under
the Jobs Opportunity and Basic Skills Training (JOBS) program.
This part contains the following:
(1) The conditions that the State agency shall
assure when assigning participants to any program activity;
(2) Appropriate workers' compensation and tort
claims protections that must be provided to participants;
(3) Provisions to assure that work assignments shall
not result in displacements;
(4) A grievance procedure for resolving displacement
complaints by regular employees;
(5) A grievance procedure under the State fair
hearing process with respect to on-the-job working conditions,
workers' compensation, and wage rates in the case of
individuals participating in community work experience
programs (CWEP); and
(6) Procedures for appealing State decisions on
displacement complaints and certain other complaints to the
Department of Labor.
(b) The provisions of this part apply to any
work-related programs and activities under JOBS and under any
other work-related programs and activities authorized in
connection with the Aid to Families with Dependent Children
(AFDC) program under section 1115 of the Social Security Act.
251.1 Program activity conditions.
(a) Program activity. The State agency shall assure
that:
(1) The program activity shall be related to the
capability of the participant to perform the task on a regular
basis, including physical capacity, skills, experience, family
responsibilities and place of residence.
(2) The total daily commuting time to and from home
to the program activity site to which the participant is
assigned shall not normally exceed 2 hours, not including the
transporting of a child to and from child care. If a longer
commuting distance and time is generally accepted in the
community, then the round trip commuting time shall not exceed
the generally accepted community standards without the
participant's consent.
(3) No participant shall be required, without his or
her consent, to remain away from his or her home overnight.
(4) The conditions of participation shall be
reasonable, taking into account in each case the proficiency
of the participant and the child care and other supportive
service needs of the participant.
(5) Training shall be appropriate. For training to
be appropriate, the nature of the training shall, to the
extent practicable, meet local employers' requirements
(including their occupational needs) so that the participant
will be in a competitive position within the local labor
market. The training must also be likely to lead to employment
which will meet the provisions in paragraphs (a)(1) through
(a)(4) of this section.
(b) Health and safety standards. Participants are
subject to the same health and safety standards established
under State and Federal law that otherwise apply to other
individuals in similar activities who are not JOBS
participants.
(c) Non-discrimination. All participants will have
such rights as are available under any applicable Federal,
State or local law prohibiting discrimination on the basis of
race, sex, national origin, religion, age or handicapping
condition. Individuals alleging discrimination may choose to
have their complaints processed as a JOBS program dispute
pursuant to 250.36, as a violation of other applicable State
and local laws prohibiting discrimination, or as a violation
of 45 CFR parts 80, 84 and 91.
251.2 Workers' compensation and tort claims protections.
(a) Each participant covered by a workers'
compensation statute or system shall be assured of workers'
compensation including medical, accident and income
maintenance insurance at the same level and to the same extent
as that available to others who are similarly employed.
(b) Those participants in work assignments such as
work supplementation and CWEP not covered by an applicable
workers' compensation statute shall be provided with medical
and accident protection for on-site injury at the same level
and to the same extent as that required under the applicable
State's workers' compensation statute for covered employment.
Income maintenance coverage is not required for these
participants.
(c) For the purpose of this section, medical
insurance means that the employer must provide for the
participant's medical care due to injury arising from, and in
the course of, the participant's activity; accident insurance
means tort claims protection; and income maintenance insurance
means the monetary workers' compensation allowance.
251.3 Displacement.
The State agency shall assure that CWEP, other work
experience, on-the-job training (OJT), and work
supplementation assignments:
(a) Shall not result in the displacement of any
currently employed worker or position, including partial
displacement, such as a reduction in hours of non-overtime
work, wages, or employment benefits;
(b) Shall not impair existing contracts for services
or collective bargaining agreements;
(c) Shall not result in the employment or assignment
of a participant or the filling of a position when any other
person is on layoff from the same or a substantially
equivalent job within the same organizational unit, or when an
employer has terminated any regular employee or otherwise
reduced its workforce with the effect of filling the vacancy
so created by hiring a participant whose wages are subsidized
under this program;
(d) Shall not infringe in any way upon promotional
opportunities of any currently employed individual; and
(e) Shall not result in the filling of any
established unfilled position vacancy by a participant
assigned under 250.62 (work supplementation program) or
250.63 (CWEP) of the JOBS program.
251.4 Grievances by regular employees.
(a) The State shall establish and maintain a
grievance procedure for resolving complaints by regular
employees or their representatives that the work assignment of
an individual violates any of the prohibitions described in
251.3.
(b) Such grievance procedure shall include an
opportunity for informal resolution.
(c) If no informal resolution can be reached within
the specified time period as established by the State as part
of its grievance procedure, the dissatisfied party may file a
request for a hearing with the State.
(d) The State's hearing portion of the grievance
procedure shall provide the following: A written notice of the
date, time and place of the hearing; a hearing on the record;
an opportunity to present evidence, bring witnesses,
cross-examine witnesses; representation by counsel; and a
written decision.
(e) The State's grievance procedure, pursuant to the
provisions in paragraphs (b), (c), and (d) of this section,
shall not exceed 90 days from the date of the complaint, by
which time the complainant shall be provided the written
decision by the State.
(f) A decision of the State under paragraph (e) of
this section may be appealed by any dissatisfied party within
20 days of the receipt of the State's written decision. The
appeal shall be sent to the Office of Administrative Law
Judges, U.S. Department of Labor, Vanguard Building, room 600,
1111 20th Street, NW., Washington, DC 20036. The review shall
be on the record of the State proceedings, as supplemented
pursuant to paragraph (j) of this section.
(g) The appeal shall contain:
(1) The full name, address and telephone number of
the appellant;
(2) The provisions of the Social Security Act or
regulations believed to have been violated;
(3) A copy of the original complaint filed with the
State; and
(4) A copy of the State's findings and decision
regarding the appellant's complaint.
(h) The appellant under paragraph (f) of this
section shall send copies of the appeal, and any brief in
support thereof, to the Assistant Secretary for Employment and
Training, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210 and to the Assistant Secretary for
Family Support, Department of Health and Human Services, 370
L'Enfant Promenade, SW., 6th Floor, Washington, DC 20447.
(i) Upon receipt of an appeal pursuant to paragraph
(f) of this section, the Office of Administrative Law Judges
shall request from the State agency, and the State shall,
within 30 days of such request, certify and file with the
Office of Administrative Law Judges the entire administrative
record of the matter under appeal. The State shall send copies
of this record to the Assistant Secretary for Employment and
Training and the Assistant Secretary for Family Support at the
addresses set forth in paragraph (g) of this section.
(j) Upon receipt of the copy of the appeal and the
copy of the record pursuant to paragraphs (g) and (i) of this
section, the Assistant Secretary for Employment and Training
shall investigate, as appropriate, and, through the Office of
the Solicitor of Labor, file, if deemed appropriate, a brief
or report with the Office of Administrative Law Judges for
that office's consideration pursuant to paragraph (f) of this
section. The State agency and the Assistant Secretary for
Family Support may also file a brief or report with the Office
of Administrative Law Judges.
(k) The decision of the Office of Administrative Law
Judges under paragraph (f) of this section shall contain
conclusions of law and findings of fact (the State's findings
being conclusive if supported by substantial evidence) and, as
exclusive remedies for complaining employee(s), where
appropriate, reinstatement, back pay, and back benefits. The
decision may also provide for remand to the State for further
proceedings. The decision of the Office of Administrative Law
Judges is the final decision of the Secretary of Labor on the
appeal and shall be transmitted to the parties to the appeal,
the State agency and to the Assistant Secretary for Family
Support, Department of Health and Human Services, for
appropriate action.
251.5 Complaints with respect to on-the-job working
conditions, workers' compensation coverage and CWEP wage
rates.
(a) The State shall establish and maintain a
grievance procedure under the State agency's fair hearing
process (see 250.36) for resolving complaints by or on behalf
of individuals participating in any work-related programs and
activities under this part, including on-the-job training,
work supplementation and community work experience programs,
and other work-related activities authorized by the Secretary:
(1) With respect to on-the-job working conditions;
(2) With respect to workers' compensation coverage;
and
(3) With respect to wage rates used in calculating
the hours of participation required of individuals in
community work experience programs described in 250.63 of the
JOBS program.
(b) A decision of the State under paragraph (a) of
this section may be appealed by any dissatisfied party within
20 days of the receipt of the State's written decision. The
appeal shall be sent to the Office of Administrative Law
Judges, U.S. Department of Labor, Vanguard Building, room 600,
1111 20th Street, NW., Washington, DC 20036. The review shall
be on the record of the State proceedings. The review shall
include questions of law; the State's findings of fact shall
be conclusive if supported by substantial evidence.
(c) The appeal shall contain:
(1) The full name, address and telephone number of
the appellant;
(2) The provisions of the Social Security Act or
regulations believed to have been violated;
(3) A copy of the original complaint filed with the
State; and
(4) A copy of the State's findings and decision
regarding the complaint.
(d) The appellant under paragraph (b) of this
section shall send copies of the appeal, and any brief in
support thereof, to the Assistant Secretary for Employment and
Training, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, and to the Assistant Secretary for
Family Support, Department of Health and Human Services, 370
L'Enfant Promenade, SW., 6th Floor, Washington, DC 20447.
(e) Upon receipt of an appeal pursuant to paragraph
(b) of this section, the Office of Administrative Law Judges
shall request from the State agency, and the State shall,
within 30 days of such request, certify and file with the
Office of Administrative Law Judges the entire administrative
record of the matter under appeal. The State shall send copies
of the record to the Assistant Secretary for Employment and
Training and the Assistant Secretary for Family Support at the
addresses set forth in paragraph (c) of this section.
(f) Upon receipt of the copy of the appeal and the
copy of the record pursuant to paragraphs (c) and (e) of this
section, the Assistant Secretary for Employment and Training
shall review the record, and, through the Office of the
Solicitor of Labor, file, if deemed appropriate, a brief or
report on the record of the State proceedings with the Office
of Administrative Law Judges for that office's consideration
pursuant to paragraph (b) of this section. The State Agency
and the Assistant Secretary for Family Support shall also have
the opportunity to file a similar brief or report on the
record of the State proceedings with the Office of
Administrative Law Judges.
(g) The decision of the Office of Administrative Law
Judges under paragraph (c) of this section shall contain
conclusions of law and findings of fact (the State's findings
being conclusive if supported by substantial evidence) and as
exclusive remedies for the complaining participant(s), where
appropriate: Removal of participants from inappropriate
worksites, unless the violations have been corrected, and
actual monetary damages for participants. Actual monetary
damages shall not exceed the amount of the monetary value of
the benefits that the participant would have received had the
participant been covered pursuant to 251.2(a) of this part.
The decision may also provide for remand to the State for
further proceedings. The decision of the Office of
Administrative Law Judges is the final decision of the
Secretary of Labor on the appeal and shall be transmitted to
the parties to the appeal, the State agency and to the
Assistant Secretary for Family Support, Department of Health
and Human Services, for appropriate action.
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