5101:1-23-50 Ohio works first: learning, earning and parenting program.

 

 

 

5101:1-23-50               Ohio works first: the LEAP - learning, earning and parenting program.

 

 

The  LEAP-learning, earning  and  parenting  (LEAP)  program,  as  set  forth  in  section

5107.30 of the Revised Code, is the "learning, earning and parenting program." It is a program designed to encourage pregnant and parenting teens to attend and complete high school or the equivalent.

 

(A)  LEAP target population

 

With the exception of teens who have obtained a high school diploma or the equivalent, teen custodial parents, and pregnant teens under the age of nineteen who are applying for or in receipt of OWF,Ohio works first (OWF), are potentially subject to the LEAP program requirements. These requirements apply to teens who live on their own and to teens who live with their parents, other caretaker relatives, legal guardians or legal custodians. The requirements apply to both the teen custodial mother and the teen custodial father of the child and to all pregnant teens.

 

(B)  LEAP definitions

 

The following definitions apply to the LEAP program:

 

(1)   "Attendance bonus" means a sixty-two dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group who meets the LEAP attendance requirements set forth in this rule.

 

(2)    "Attendance month" means the calendar month in which the teen attended school. Attendance in the month is evaluated in order to determine if an attendance bonus is issued or an attendance sanction is proposed in the corresponding payment month.

 

(3)   "Attendance sanction" means that a LEAP teen with more than two unexcused absences in a month is:

 

(a)   not eligible for the attendance bonus payment; and

 

(b)   the assistance payment for the assistance group containing the LEAP teen will be reduced by sixty-two dollars.

 

(4)    "Enrollment bonus" means a one-time sixty-twoone-hundred dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group who enrolls in school for the first time after being notified of LEAP program participation.

 

 

(5)   "Excused absence" means the reason for the absence meets the school district's definition of a valid reason for the teen not to attend school or it was not an absence excusable under the school's attendance rules but upon review by the CDJFS,county department of job and family services (CDJFS) at the request of the teen, it was acceptable under the good cause reasons provided in the LEAP program.

(6)   "Full day" means the entire school day as defined by the school district.

(7)   "Grade completion bonus" means a sixty-twoone-hundred dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group for each subsequent grade completed, except grade twelve. Grade completion is defined by the local school district.

(8)   "Graduation bonus" means a one-time two hundredfive-hundred dollar financial bonus for each LEAP teen included in the assistance group who has graduated from high school or obtained an HSEDhigh school equivalence diploma (HSED).

(9)    "High school equivalence diploma (HSED)" means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on the tests of general educational development (GED) as published by the "American Council on Education." HSED includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

(10)    "Home education" means education primarily directed and provided by the parent or guardian of the child under division (A) of section 3321.04 of the Revised Code for the child who is of compulsory school age and is not enrolled in a nonpublic school.

(11)     "Internet  or  community-based  computer  school",  as  set  forth  in  section

3314.02 of the Revised Code, means a community school in which students work primarily from their residences on assignments provided via an internet or other computer-based instructional method that does not rely on regular classroom instruction Internetinternet or community-based schools are also sometimes referred to as 'electronic schools,' or 'e-schools'.

(12)    "Retrospective cycle" means a four sequential month period. The four month period begins with the attendance month, followed by two processing months, and ends with the payment month.

(13)   "School" means an educational program which leads to a high school diploma or the equivalent and includes the following: a public school; a private school; a vocational, technical, or adult education school; or a course of study meeting the standards established by the state of Ohio for granting an HSED.

(14)   "School attendance officer" means an employee designated by the school who is responsible for matters relating to school attendance and truancy.

(15)      "School district" means the territorial unit for school administration as specified in section 3313.64 of the Revised Code.

(16)   "School year" for the LEAP program is September through May. These are the months for which attendance will be monitored and enrollment/attendance bonuses and attendance sanctions will be given. This definition does not apply to teens enrolled in a GED program. The school year for GED program purposes is the twelve-month period beginning with the first month of mandatory attendance.

(17)    "Unexcused absence" means the reason for the absence does not meet the school district's definition of a valid reason for the teen not to attend school and upon review by the CDJFS, at the request of the teen, the reason also does not meet any of the LEAP program good cause reasons.

(C)  LEAP assessment

All teens who are under the age of nineteen, who have not graduated from high school or received an HSED or equivalent, and who are not exempt from participation in LEAP pursuant to the conditions set forth in paragraphs (D)(1) to (D)(3) of this rule, are required to attend an assessment and orientation interview.

(1)   The assessment interview shall include:

(a)   A discussion of the LEAP program goals.

(b)   The criteria for receiving the LEAP bonuses and sanctions.

(c)   The types of educational opportunities available in the community.

(d)  The types of supportive services available in the community.

(e)   The rights and responsibilities of program participants.

(f)   The determination of whether the teen meets one of the exemptions from participation as set forth in paragraphs (D)(4) to (D)(10) of this rule.

(2)   Documents provided to and/or completed by the participant shall include:

(a)      The JFS 06905 "LEAP -Learning, Earning And Parenting Program Agreement"(rev. 01/2006). (The JFS 06905 is not necessary if the LEAP participant is subject to the self-sufficiency  contract requirements of section 5107.14 of the Revised Code, as delineated in paragraph (C)(4) of this rule.

(b)   The JFS 06906, "LEAP - Learning, Earning And Parenting Program Rules Booklet: Questions and Answers." (rev.01/2006)

(c)      The JFS 06907 "LEAP - Learning, Earning And Parenting School Information Release Form." (rev.08/2003)

(3)   Both the teen and the assistance group payee, if different, shall be given a copy of the JFS 06905 and the JFS 06906. The teen and the assistance group payee, if different, should be encouraged to sign the JFS 06905; however, the signature is not a requirement. The teen is subject to the requirements of the LEAP program even if the JFS 06905 is not signed. The CDJFS shall document in the assistance group record that a copy of the JFS 06905 and the JFS 06906 were given to the teen and the assistance group payee, if different.

(4)    Section 5107.14 of the Revised Code provides that in order to participate in Ohio works firstOWF, the minor head of household or each adult member of the assistance group must enter into a written self-sufficiency contract with the CDJFS. When a CDJFS has adopted into its self-sufficiency contract, the rights and responsibilities and penalties for failure to comply with LEAP program requirements set forth in this rule, the JFS 06905 is not required to be completed in the LEAP assessment and orientation interview.

(5)    The CDJFS shall assign a case manager to the LEAP program participant and the participant's family to assist the participant in promoting personal responsibility and in gaining self-sufficiency skills in order to reduce and/or eliminate dependency on cash assistance.

(6)   Reassessment shall be an ongoing process. The teen shall be reassessed at least once per year. The CDJFS shall attempt to schedule reassessment when the teen is scheduled to enroll in the new school year. The CDJFS shall review with the teen, at a minimum, the JFS 06905. The reassessment interview shall

serve to review school progress and to address any new barriers to continued attendance. No face-to-face interview is required to complete the reassessment.

(D)  Exemptions from LEAP participation

A teen who meets any of the conditions set forth in this paragraph is exempt from LEAP participation as long as the teen continues to meet the exemption criteria. While exempt, the teen does not earn the LEAP enrollment, attendance, grade completion and graduation bonuses or attendance sanctions as set forth in paragraphs (G), (L), (P), and (M) respectively of this rule.

With the exception of teens who are under the age of eighteen who meet the exemptions set forth in paragraphs (D)(1) to (D)(3) of this rule, all exempt teens under the age of eighteen must be assigned to an alternative educational or training program defined by the CDJFS, in order to be eligible for OWF. In addition, all exempt LEAP teens who are age eighteen, except those teens who meet the exemptions set forth in paragraphs (D)(1) to (D)(3) of this rule, must be either assigned to an alternative educational or training program defined by the CDJFS or referred for participation in a work activity in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

The exemptions from LEAP participation are:

(1)   The teen is the caretaker of a child under the age of twelve weeks old.

(2)    The teen is excused from compulsory school attendance in accordance with section 3321.04 of the Revised Code for the purpose of home education.

(3)   The teen is participating in an internet or community-based computer school as defined in section 3314.02 of the Revised Code.

(4)   Child care services are necessary for the teen to attend school, but child care is unavailable.

(5)   Transportation to or from the teen's school is necessary and there is no public, private, or CDJFS-supported transportation available.

(6)   Transportation to or from child care is necessary and there is no public, private, or CDJFS-supported transportation available.

(7)   The teen is reasonably prevented from attending school by a physical or mental illness which is expected to last one month or longer.

(8)    The child of the teen parent is ill with a physical or mental illness which is expected to last at least one month or longer and this requires full-time care by the teen.

(9)   The teen is unable to attend school because the teen was expelled from school and another school or GED program is not available because:

(a)    There is no public or private school or GED program within reasonable travel time or distance which will accept the teen; or

(b)    There is a public or private school which will accept the teen but the tuition charge is prohibitive and the teen's school district refuses to pay the tuition.

(10)    There are other exceptional circumstances that reasonably prevent the teen from attending school.

(E)  Failure to meet assessment and orientation requirement

Teens identified as potentially subject to LEAP program requirements, and who do not meet the exemption conditions set forth in paragraphs (D)(1) to (D)(3) of this rule, shall be scheduled for an assessment interview and orientation as set forth in paragraph (C) of this rule. Failure, without good cause to meet the assessment and orientation requirement will result in one of the following consequences set forth in paragraphs (E)(1) to (E)(2) of this rule.

If the CDJFS determines through available information that the teen is exempt as set forth in paragraphs (D)(1) to (D)(3) of this rule, neither of the consequences set forth in paragraphs (E)(1) to (E)(2) of this rule shall be proposed while the teen meets the exemption.

(1)   Teen under the age of eighteen

A teen under the age of eighteen who is not exempt, as set forth in paragraph

(D) of this rule, who fails without good cause to meet the assessment and orientation requirements is ineligible to participate in OWF until the teen complies. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren),

(2)   Teen who is age eighteen

A teen who is age eighteen who is not exempt as set forth in paragraph (D) of

this rule, and who fails without good cause to meet the assessment and orientation requirements shall be referred for participation in a work activity, in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

(F)   Assignment to enroll in and attend school or alternative educational program

(1)   A teen under the age of eighteen who does not meet any of the exemptions set forth in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(2)     A teen under the age of eighteen, who meets one of the exemptions in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the CDJFS. A teen assigned to this activity does not earn the LEAP enrollment, attendance,  grade completion or graduation bonuses, or the LEAP attendance sanctions.

(3)   A teen who is age eighteen who does not meet one of the exemptions set forth in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(4)     A teen who is age eighteen who meets one of the exemptions set forth in paragraphs (D)(4) to (D)(10) of this rule shall be either:

(a)   Assigned to an alternative educational or training program defined by the CDJFS. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions; or

(b)     Referred for participation in a work activity, in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

(G)  Enrollment in school

Within ten calendar days after the assessment interview, a LEAP teen who does not meet an exemption as set forth in paragraph (D) of this rule and who is determined by the CDJFS to be required to enroll in school as provided in paragraph (F) of this rule, shall be required to provide proof of enrollment in a school. This time period may be extended up to thirty days when there is documentation that school arrangements are being made. When enrollment is not possible because school enrollment personnel are not available (e.g., school is not open for enrollment during the summer months), the requirement shall be delayed until compliance is possible. The CDJFS shall document any delay.

A one-time enrollment bonus of sixty-twoone-hundred dollars is issued for each LEAP program participant included in the assistance group for the first enrollment following notification of the LEAP program requirements. The enrollment bonus is issued to the assistance group payee through CRIS-Eclient registry information system-enhanced (CRIS-E) based upon the enrollment date entered on the WPLS screen.

(1)     When enrollment is verified prior to the beginning of the school year, the enrollment bonus shall be issued for the first month of the school year or for the month the teen is scheduled to begin attendance, whichever is later.

(2)      When enrollment is verified after the beginning of the school year, the enrollment bonus shall be issued for the month for which the teen is scheduled to begin attendance. If the teen is enrolled and attending school prior to the assessment interview, the enrollment bonus shall be issued for the month of assessment.

(H)  Failure to enroll as assigned

When the teen fails to provide enrollment verification as specified in paragraph (G) of this rule, the CDJFS shall send the JFS 06904 "LEAP-Learning, Earning And Parenting Seven-Day Good Cause Notice" (rev 08/2003) or the CRIS-E equivalent in order for the teen or the assistance group payee to provide good cause for having failed to provide enrollment verification. If the CDJFS subsequently determines that good cause does not exist, the CDJFS shall propose one of the actions set forth in paragraph (H)(1) or (H)(2) of this rule.

(1)   A teen who is under the age of eighteen who fails without good cause to enroll in school as assigned, is ineligible to participate in OWF. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren).

(2)   A teen who is age eighteen who fails without good cause to enroll in school as assigned shall be referred for participation in a work activity as set forth in sections 5107.40 to 5107.70 of the Revised Code.

(I)  Tracking school attendance

The CDJFS shall request that the school attendance officer in each school that has a LEAP program participant enrolled to provide information monthly to the CDJFS about each participant's attendance. The CDJFS shall also request that each school make available the attendance records and other school records of a participant if requested by the CDJFS or other agency acting on the behalf of the CDJFS. The

signed JFS 06907 "LEAP - Learning, Earning And Parenting Program School Information Release Form" (rev. 08/2003) shall be provided by the CDJFS for each student.

(1)    ODJFS will mail the CRIS-E equivalent of the JFS 06903 "LEAP - Learning, Earning And Parenting School Absence Report" (rev. 07/1996) to each school each month containing the name of the LEAP program participant. The CDJFS shall request that the school review the actual attendance of the teen and to record the specific days the teen was absent and whether the absence was excused or unexcused. If the school monitors attendance by half days, the CDJFS shall request that any half-day absences be reported. The CDJFS shall request that the school forward the completed attendance information to the CDJFS to be received by the fifth calendar day following the end of the attendance month. If the fifth calendar day falls on a weekend or a state or federal legal holiday, the report shall be received by the next working day. The CDJFS shall review this information within five days of receipt.

(2)     If the school in which the teen is currently enrolled does not furnish the attendance information timely, and the CDJFS has not received information to the contrary, the teen shall be considered to have met the school attendance requirements in the attendance month.

(3)    If the school does not keep daily attendance records, and the CDJFS has not received information to the contrary, the teen shall be considered to have met the school attendance requirement.

(4)   The CDJFS may coordinate attendance reporting with the "Adult Basic Literacy and Education" (ABLE) coordinator in the county. To the extent possible, the ABLE instructor may be able to indicate the reason for an absence.

(5)   When the school the participant is attending is not in regular session, including during holiday and summer breaks, or the teachers are on strike, the participant shall not be required to attend.

(J)   CDJFS review of LEAP attendance information

The CDJFS shall review the attendance information provided by the school.

(1)    When the information reported under the category of "unexcused absences" is greater than the number stated in paragraph (L) of this rule, the CDJFS shall send the JFS 06904 "LEAP - Learning, Earning And Parenting Program Seven-Day Good Cause Notice or CRIS-E equivalent to the assistance group

payee in order to gain information concerning the "unexcused absences."

(2)   When the total number of absences (excused and unexcused) reported exceeds the number of allowable absences and the number of unexcused absences is within the allowable limit, the CDJFS shall send the JFS 06904 or the CRIS-E equivalent to the assistance group payee to gain information.

(3)   If the CDJFS determines that good cause exists for an unexcused absence, the "unexcused absence" shall be considered "excused" for purposes of determining if attendance requirements have been met. If the CDJFS evaluates the reasons for the unexcused absence and finds good cause does not exist, or if the assistance group fails to respond within seven days to the JFS 06904, the "unexcused absence(s)" will be used in the determination of an imposition of a sanction.

(K)  GED and ABLE

GED programs do not routinely capture information regarding the reason for a student's absence. For this reason, when the school reports any absences for a teen participating in a GED program, the CDJFS must contact the teen to determine the reason for the absence. The CDJFS shall send the JFS 06904 "LEAP- Learning, Earning And Parenting Seven-Day Good Cause Notice" or the CRIS-E equivalent. The teen or assistance group payee, if different, shall have seven days to respond. The CDJFS shall evaluate the reason given for the absence using the good cause criteria set forth in paragraph (N) of this rule and process the information in accordance with paragraph (P) of this rule. If there is no response to the JFS 06904 or CRIS-E equivalent, the CDJFS shall assume that the absences reported by the school were unexcused absences.

(1)    Teens enrolled in a GED or other high school equivalency program shall be required to attend classes up to the scheduled date of the GED test.

(2)    The CDJFS shall attempt to coordinate attendance reporting with the "Adult Basic Literacy and Education" (ABLE)ABLE coordinator in the county. ABLE instructors may be able to indicate the reason for an absence.

(L)  LEAP attendance bonus

A sixty-two dollar bonus shall be issued for each month for which the attendance requirement is met. The attendance standard shall be considered to have been met if the LEAP program participant has four or fewer total absences in a month with no more than two of such absences unexcused.

(1)   Teens with two or fewer unexcused absences but more than four total countable absences in a month shall not be eligible for the sixty-two dollar attendance bonus payment.

(2)    Teens enrolled in a GED program shall be required to attend the number of classes per month listed below in order to receive the attendance bonus:

(a)   If classes are held five days a week, teen must attend all classes but four a month. No more than two of the total absences may be unexcused absences.

(b)   If classes are held four days a week, teen must attend all classes but three a month. No more than two of the absences may be unexcused.

(c)   If classes are held three days a week, teen must attend all classes but two a month. No more than one of the total absences may be unexcused.

(d)  If classes are held two days a week, teen must attend all classes but two a month. No more than one of the total absences may be unexcused.

(e)   If classes are held one day a week, teen must attend all classes but one a month. The absence must be an excused absence.

(3)     A participant enrolled in a GED program who misses more than the total number of allowable class absences but does not exceed the number of allowable unexcused class absences shall not be eligible for the sixty-two dollar attendance bonus payment.

(4)   Absences shall be waived if the absence is the result of the teen's or the teen's child's illness or injury, when the illness or injury is verified by a physician's statement. The CDJFS shall waive an absence if there is documentation that the absence was a result of a medical appointment for the teen or the teen's child that could not be scheduled outside of school hours. The CDJFS shall document that the absence has been waived in both the assistance group record and on the WPLT screen.

(5)      The attendance bonus is added to the assistance payment and issued in accordance with paragraph (P) of this rule.

(6)      A teen who complies with the attendance requirements as delineated in paragraphs  (L)(1)  to  (L)(2)  of  this  rule  shall  be  eligible  to  receive  the

attendance bonus as a part of the recurring OWF payment.

(a)    A teen subject to mandatory participation who fails to comply with the attendance requirements shall be subject to a sanction in accordance with paragraph (M) of this rule.

(b)   During the first three months of attendance in the school year, beginning with the month for which the enrollment bonus was issued, the JFS 06903 "LEAP - Learning, Earning And Parenting Absence Report" shall be received and reviewed for compliance with the LEAP program attendance requirements. Issuance of the bonus payment or application of the sanction based on attendance shall be determined retrospectively.

(M)   LEAP attendance sanction

Teens with more than two unexcused absences in a month shall not be eligible for the attendance bonus payment and the assistance payment for the assistance group containing the LEAP program participant will be reduced by sixty-two dollars.

(1)   For a teen enrolled in a GED program, the assistance payment for the assistance group containing the mandatory LEAP program participant shall be reduced by sixty-two dollars if the teen misses more than the total number of unexcused absences allowed in paragraph (L) of this rule.

(2)    The teen or assistance group payee shall be required to report to the CDJFS within ten calendar days when the teen ceases to attend or officially withdraws from school. For a mandatory participant who has enrolled in school, and subsequently officially withdraws from school, one of the following consequences is applicable:

(a)    For a teen who is under the age of eighteen, the teen is ineligible to participate beginning with the month following the month of withdrawal from school. The OWF payment for the assistance group shall be reduced accordingly. The prior notice requirements set forth in division level designation 5101:6 of the Administrative Code are applicable.

(b)   For a teen who is age eighteen when the teen ceases to attend or officially withdraws from school, the teen shall be referred to participate in a work activity in accordance with sections 5107.40 to 5107.70 of the Revised Code.

(3)   The reduction in the OWF payment as the result of the mandatory participant

having excessive unexcused absences will be applied retrospectively as delineated in paragraph (P) of this rule. The reduction in the OWF payment as the result of school withdrawal will be effective the month after the month of the withdrawal.

(N)  Good cause for non-attendance

A teen shall be considered to have good cause for not attending school in the following situations. The CDJFS may require medical or other verification for all of the following circumstances:

(1)    The teen was ill, injured, or incapacitated and was reasonably prevented from attending school;

(2)   The child of the teen parent was ill, or injured and required care by the teen;

(3)   The child care ordinarily used by the teen was temporarily unavailable and no alternative child care was available;

(4)    The teen had a scheduled or emergency appointment for medical, dental or vision care;

(5)    The child of the teen had a scheduled or emergency appointment for medical, dental or vision care that required the presence of the teen;

(6)    A family member was ill and required full-time care by the teen. A "family member" is defined as an individual related by blood, marriage, adoption, legal assignment (foster parent) or is the other parent of the teen custodial parent's child. The family member must live in the same household as the teen;

(7)    A member of the immediate family died. "Immediate family" is defined as a husband, wife, parent, step-parent, grandparent, step-grandparent, sibling, step-sibling, adoptive sibling, child, stepchild, or the other parent of the teen custodial parent's child. A maximum of five consecutive school days of leave shall be allowed;

(8)     A more distant family member died. This includes cousins, uncles, aunts, nephews and nieces. A maximum of three consecutive school days of leave shall be allowed;

(9)   Transportation to or from the teen's school is necessary and the transportation

ordinarily used was temporarily unavailable;

(10)     Transportation to or from child care is necessary and the transportation ordinarily used was temporarily unavailable;

(11)   The teen had a scheduled or emergency appointment at a court or the CDJFS;

(12)     Other exceptional circumstance existed that reasonably prevented the teen from attending school.

(O)  Failure to comply with assigned alternative educational or training program

Teens who meet one of the exemptions set forth in paragraphs (D)(4) to (D)(10) of this rule must be assigned to an alternative educational or training program defined by the CDJFS, in order to be eligible to participate in OWF. Failure by the teen to comply without good cause with this assignment will result in one of the following two consequences:

(1)   A teen who is under eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS is ineligible to participate in OWF.

(2)    A teen who is age eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS shall be referred for participation in a work activity as set forth in sections

5107.40 to 5107.70 of the Revised Code.

(P)   Grade completion and graduation bonuses

(1)   Grade completion bonus

A sixty-twoone-hundred dollar grade-completion bonus shall be issued through CRIS-E for each LEAP program participant included in the assistance group for each subsequent grade completed, except grade twelve, in a school or alternative school. Grade completion shall be defined by the local school district.

(a)    The grade completion bonus shall be issued upon verification from the school that the LEAP program participant has achieved grade completion for the school year. The grade completion bonus is not issued in the retrospective cycle.

(b)    Grade completion bonuses shall not be made for participants in "Adult Basic Literacy and Education" courses.

(2)   Graduation bonus

A one-time two hundredfive-hundred dollar bonus shall be issued through CRIS-E for a LEAP program participant who has graduated from high school or obtained an HSED. The graduation bonus shall be issued upon verification that the LEAP teen has graduated or obtained an HSED. The graduation bonus is not issued in the retrospective cycle.

(Q)  LEAP retrospective cycle

(1)    The LEAP retrospective cycle is comprised of four sequential months. The cycle begins with the attendance month, continues with two processing months, and ends with the payment month. The retrospective cycle remains in place throughout the school year. Attendance shall not be monitored for teens attending summer school. However, when the teen is enrolled and attending a GED program that begins or continues during the summer months, attendance shall be monitored and issuance of the attendance bonus or application of the sanction based on attendance shall be determined using the retrospective cycle.

(2)    The following conditions relate to the application of the attendance bonus and the sanction:

(a)   The attendance bonus shall not be issued if there is no OWF eligibility in the corresponding payment month.

(b)    The attendance bonus and the sanction shall remain with the teen when the teen becomes a member of a new assistance group.

(c)   When there is a break in OWF eligibility:

(i)     If the assistance group was ineligible for OWF in a particular attendance month but reapplies and is eligible for OWF in the corresponding payment month, any bonus earned in the attendance month shall be payable in the corresponding payment month.

(ii)   If the teen had excessive unexcused absences during the attendance

month  that  the  assistance  group  was  ineligible  for  OWF,  no sanction shall be applied in the corresponding payment month.

(3)     The penalties for failure to attend the scheduled assessment interview, for failure to enroll in school, for withdrawal from school, or failure to comply with an alternative educational or training program assignment are effective the month following the month of failure or withdrawal, and the retrospective cycle is not used to apply these penalties.

(4)    When the participant is no longer subject to the LEAP program requirements and eligibility for OWF continues, the change shall be effective the month following the month the individual's LEAP program requirements end. However, the issuance of the attendance bonus payment or application of the sanction based on attendance information shall continue in the retrospective cycle provided eligibility for OWF continues.

(5)   If the mandatory participant who has been ineligible for failure to enroll and to attend school, reports and verifies a change in circumstances that allows an exemption from participation, (as provided in paragraph (D) of this rule), the change shall be handled in the manner of all reported changes that increase the assistance payment.

(6)   If the mandatory participant has been enrolled and has been meeting the school attendance requirement, any change occurring that would allow the teen to be exempt shall be effective the month following the month of change. However, because of the retrospective cycle, the change shall not be reflected until the corresponding payment month.

(7)   If the exempt participant meets the reporting responsibilities delineated in rule 5101:1-2-20 of the Administrative Code and complies with LEAP program requirements, no sanction shall be proposed and no erroneous payment, (as defined in section 5107.76 of the Revised Code) occurs. However, if the teen fails to comply with LEAP program requirements, an erroneous payment occurs beginning the first day of the month following the month in which the change occurred.

(8)   If the teen fails to meet the reporting responsibilities and the CDJFS determined a change has occurred that would result in the loss of exemption status, the CDJFS shall schedule an assessment interview. If the teen complies with the assessment and enrollment requirements, an erroneous payment would be computed beginning with the first day of the month following the month the change occurred and would continue until the last day of the month prior to the month of the assessment. If the teen fails to comply with the assessment

and enrollment requirements, the erroneous payment shall be computed beginning with the first day of the month following the month of change and shall continue through the last day of the month prior to the imposition of the appropriate penalty.

(R)  LEAP and the self-sufficiency contract requirements for minor heads of households

Minor heads of households are subject to both LEAP and self-sufficiency contract requirements. LEAP is the appropriate assignment under the self-sufficiency contract for minor heads of households. If the LEAP teen fails to comply with the LEAP program requirements but complies with all other provisions of the self-sufficiency contract, the teen is subject to the LEAP sanctions and penalties as set forth in this rule. If the LEAP teen fails to comply with any of the provisions of the self-sufficiency contract, the teen is subject to the sanctions set forth in section

5107.16 of the Revised Code.

(S)     LEAP  interface  with  work  activity,  developmental  activity  and  alternative  work activity

(1)    A teen who is eighteen who is a work program participant has the option of returning to regular LEAP participation.

(2)   This option cannot be utilized to avoid implementation of a sanction as set forth in section 5107.16 of the Revised Code.

Effective:                                                     01/01/2006

R.C. 119.032 review dates:                         10/13/2005 and 01/01/2011

CERTIFIED ELECTRONICALLY

Certification

12/19/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           5107.05, 5107.30

Rule Amplifies:                                  5107.05, 5107.14, 5107.16, 5107.30, 5107.40, 5107.69

Prior Effective Dates:                         7/14/89 (Emer.), 10/09/89, 1/1/90 (Emer.), 3/22/90,

9/1/90 (Emer.), 11/10/90, 1/1/92, 9/1/93, 1/1/94,

9/1/96, 11/1/96, 1/20/97, 12/30/97, 7/1/98, 7/1/99,

08/29/2003 (Emer.), 11/01/2003