No. 28063 (Amendment): R986-600. Workforce Investment Act

DAR File No.: 28063
Filed: 07/01/2005, 12:58
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to streamline eligibility and bring it closer to federal requirements.

 

Summary of the rule or change:

This proposed amendment is intended to make it easier to apply for Workforce Investment Act (WIA) intensive and training services. The requirements for obtaining services remain essentially the same and are in compliance with federal guidelines. The suitable employment requirement is changed to reflect the language in the federal regulations of achieving self-sufficiency which is easier to determine. The requirements for appropriateness of training and need remain the same. Some wording was changed to make the rules easier to understand.

 

State statutory or constitutional authorization for this rule:

Subsections 35A-1-104(1) and 35A-1-104(4)

 

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

 

local governments:

This rule does not apply to local government so therefore, there are no costs or savings to local governments. Local governments do not contribute to the costs of this program.

 

other persons:

There are no costs or savings to any other persons as there are no fees associated with this program and it is federally funded. Some individuals who did not meet the suitable employment requirement or 80% income requirement may now be eligible under the self-sufficiency standard.

 

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. It will not cost anyone any sum to comply with these changes. Tani Downing, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

 

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/15/2005

 

This rule may become effective on:

08/16/2005

 

Authorized by:

Tani Downing, Executive Director

 

 

RULE TEXT

R986. Workforce Services, Employment Development.

R986-600. Workforce Investment Act.

R986-600-602. Workforce Investment Act (WIA).

(1) The goal of WIA is to increase a customer's occupational skills, employment, retention and earnings; to decrease welfare dependency; and to improve the quality of the workforce and national productivity.

(2) WIA is for individuals who need assistance finding [suitable ]employment to achieve self-sufficiency.

(3) Services are available for the following groups: adult, dislocated workers, and youth services.

 

R986-600-606. Intensive Services.

(1) [If the client establishes appropriateness and need, i]Intensive services are available to adults and dislocated workers:

(a) who are unemployed, registered at an Employment Center, and who desire employment[ and are unable to obtain 'suitable employment' through core services and who have been determined by a Department employment counselor to be in need of more intensive services in order to obtain employment]; or

(b) who are employed, [but who are determined by the Department to be in need of intensive services in order to obtain or retain suitable employment. Suitable employment is employment that allows for self-sufficiency. Self-sufficiency for WIA is generally determined to be 200% of the Office of Management and Budget poverty level.]registered at an Employment Center, meet the self-sufficiency definition, and need to improve or change their current employment status. Self-sufficiency for WIA is defined as:

(i) declared income from the customer's primary job is less than the WIA income eligibility standards as found in R986-600-617(4)for a family of eight; or

(ii) the customer is at risk of losing his or her current level of income as evidenced by;

(A) a notice of lay-off or closure,

(B) the inability to retain his or her current job due to changes such as the requirement for increased skills,

(C) technological or industry changes, or

(D) the potential future income from the customer's primary job will be less than the WIA income eligibility standards for a family of eight.

(2) Intensive services are available to youth who:

(a) establish appropriateness and need, and

(b) require additional assistance to complete an educational program or to secure and hold employment, and

(c) meet the regional service priority level.

(3) intensive services for adults, dislocated workers and youth consist of:

(a) an assessment as provided in R986-600-620,

(b) development of an employment plan as provided in R986-600-621.

(c) Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training,

(d) case management, counseling and career planning, and

(e) supportive services.

(4) Additional intensive services available to youth include:

(a) leadership development,

(b) mentoring,

(c) comprehensive guidance and counseling, and

(d) follow-up services.

 

R986-600-607. Training Services.

(1) If the client establishes appropriateness and need, training services are available to adults and dislocated workers:

(a) who are unemployed and are unable to [obtain 'suitable employment']achieve self-sufficiency through intensive services.[ and who have been determined by a Department employment counselor to be in need of training services in order to obtain suitable employment; or

(b) who are employed, but who are determined by the Department to be in need of training services in order to obtain or retain suitable employment as defined in R986-600-606(2).

(2) The employment counselor determines what is suitable employment based on the customer's individual circumstances.]

([3]2) Training services include employment related education and work site learning.

([4]3) Training services are available to youth who:

(a) establish appropriateness and need, and

(b) require additional assistance to complete an educational program or to secure and hold employment, and

(c) meet the regional service priority level.

([5]4) Training services for youth consist of;

(a) tutoring,

(b) alternative school,

(c) occupational skills training,

(d) paid and unpaid internships, and/or

(e) summer youth employment opportunities.

 

R986-600-611. Income Eligibility Requirements.

(1) Applicants for all youth and adult programs must meet the income eligibility requirements in this rule.

(2) Dislocated workers do not need to meet income eligibility requirements[ however appropriate training is only available if the dislocated worker is unable to obtain or retain

(a) employment at 80% or more of his or her lay off wage, or

(b) suitable employment as defined in this rule].

 

R986-600-612. Prioritization Factors Used for Determining Eligibility for Adult and Dislocated Workers.

(1) For adults and dislocated workers, in addition to meeting the eligibility requirements found in rules R996-600-608 through R996-600-611, the Department will prioritize clients' eligibility based on prioritization factors developed by the Department. Current prioritization factors are available at the Department. When a client is approved for intensive or training services, the Department will estimate the anticipated cost to the Department associated with that services and "obligate" and reserve that amount for accounting purposes. The total amount of money obligated and reserved will determine which prioritization factors are operational at any given time.[

(2) A dislocated worker can only get funding if he or she cannot find a job paying 80% of the lay off wage or suitable employment as defined in this rule and they meet the Department's current prioritization factors.]

([3]2) WIA Youth Councils set regional priority levels for services for youth based on the needs of youth in specific regions or sub-region areas.

([4]3) Because the funding is separate and distinct for each program, the prioritization factors operate independently for each of the two affected programs.

 

R986-600-614. How to Determine Who Is Included in the Family.

Family size must be determined to establish income eligibility for adult and youth services[ and adults]. Family size is determined by counting the maximum number of family members in the residence during the previous six months, not including the current month. Family size must be verified only if the Department is using family income to determine low-income eligibility for adult or youth services.

(1) A customer can be considered a "family" of one, if the customer is:

(a) age 18 or older and living on his or her own;

(b) emancipated;

(c) an adult child, age 22 or older, living with his or her parents and applying on his or her own behalf; or

(d) living alone or with a family and has a verifiable disability that is a substantial barrier to employment.

([1]2) A 'family' is generally described as two or more persons related by blood, marriage, or decree of court, living in a single residence.[, and included in one or more of the following categories:] A dependent child is a child the parent or guardian claimed as a dependent of the parent or guardian's tax return.

(a) Family members included in the income determination:

([a]i) A husband and wife and dependent children age 21 and under;

([b]ii) A parent or legal guardian and dependent children age 21 and under; or

([c]iii) A husband and wife, if there are no dependent children.[

(2) A single person or an adult child (age 22 or older) applying on their own behalf and living with parent(s) is considered a family of one. Dependent adult children are not included in determining family size if another household member is applying for services.]

([3]b) "Living in a single residence" includes family members residing elsewhere on a voluntary, temporary basis, such as attending school or visiting relatives. It does not include involuntary temporary residence elsewhere, such as incarceration, or court-ordered placement outside the home.

([4]c) Two people living in a single residence but who are not married are not members of the same 'family'. If they have children together, for WIA reporting purposes, each is considered a single parent and the children are considered part of each persons family.[

(5) Family size will be determined by counting the maximum number of family members in the residence during the last 6 months.

(6) Family size must be verified only if using family income to determine low-income status for WIA adult or youth services.

(7) A family can only include two generations.

(8) A client with a disability that is a barrier to employment may be determined a family of one for determining family income.]

 

R986-600-623. Education and Training and Support Services as Part of an Employment Plan.

(1) A client's participation in education or training beyond that required to obtain a high school diploma or its equivalent is limited per exposure to the lesser of:

(a) 24 months which need not be continuous and which can be waived by a Department supervisor based on individual circumstances, or

(b) the completion of the education and training goals of the employment plan.

(2) Education and training will only be supported where:

(a) the client is unable to [find suitable employment due to a lack of marketable skills]achieve self-sufficiency;

(b) the education or training will substantially increase the income level the client would be able to attain without the education or training;

(c) the plan must show that the client has the ability to be successful in the education or training and in the market thereafter;

(d) the education or training is required for the occupation;

(e) the client is willing to complete the education or training as quickly as is reasonable;

(f) the mental and physical health of the client indicates the education or training could be completed successfully and the client could perform the job once the schooling is completed; and

(g) the specific employment goal that requires the education or training is marketable in the area where the client resides or the client has agreed to relocate for the purpose of employment once the education/training is completed.

(3) Additional payments and/or services are allowable under certain circumstances based on individual need provided they are necessary and appropriate to enable the client to participate in activities authorized under this title (WIA).

 

R986-600-652. Determining Initial Eligibility for Training Providers.

(1) Training providers are automatically eligible if they if they complete an application and are either:

(a) a postsecondary educational institution that:

(i) is eligible to receive federal funds under Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and

(ii) provides a program that leads to an associate degree, baccalaureate degree, or certificate; or

(b) an entity that provides programs under the "National Apprenticeship Act'', 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.

(2) All other training providers must submit the following information:

(a) the name, mailing address, physical address, telephone number, and email address (if available) of the training facility;

(b) documentation of financial stability of the applicant, which may include audits or financial statements or evidence of compliance with the Utah Board of Regents' bonding requirements;

(c) the name of each program for which approval is requested;

(d) the percentage of all participants who complete each program;

(e) the percentage of all participants in each program who obtained unsubsidized employment;

(f) average placement wage of all participants in each program;

(g) if applicable, the rate of Utah state-recognized or industry-recognized licensure, certification, degrees, or equivalent attained by all program graduates. For example, CDL, Certified Nurse Aid, Licensed Practical Nurse, Novell Network Engineer;

(h) program costs including tuition and fees;[

(i) a description of the methodology used to collect and verify performance information;]

([j]i) a copy of the provider's student grievance procedure;

([k]j) the self-administered Department training provider accessibility checklist; and

([l]k) the number of years in business using the current name, and a list of other names under which the provider operated.

(3) Applications from providers in paragraph 2 above will be sent to the Regional Council staff in the region in which the provider does business or wishes to apply. Regional Councils recommend approval or disapproval for each provider and these results are sent to the State Council for final action.

(4) Performance information must meet standards established by the Department or the state council may grant an exception.

(5) All schools must be in business for a minimum of one year before approval will be granted.

(6) The Department will notify a provider in writing when a decision has been made concerning the provider's eligibility.

(7) A list of Initially Eligible providers including program performance and cost information will be published on the Internet.

 

KEY: Workforce Investment Act

[November 1, 2004]2005

35A-5