5101:10-3-01 Workforce innovation and opportunity act youth program: eligibility requirements.

 

 

 

5101:10-3-01               Workforce  innovation  and  opportunity  act  youth  program: eligibility requirements.

 

 

 

In accordance with Section 305.190 of Amended Substitute House Bill 64 of the 131st General Assembly (6/2015), each low-income adult, in-school youth, or out-of-school youth that is age sixteen to twenty-four and who is considered to have a barrier to employment under the Workforce Innovation and Opportunity Act (WIOA) (2014) shall participate in the comprehensive case management and employment program (CCMEP) as a condition of enrollment in workforce development activities funded by the temporary assistance for needy families (TANF) block grant or WIOA. In Ohio, the WIOA youth and young adult program is CCMEP.

 

(A)Definitions

 

(1)"Attending school" means when an individual is enrolled in and/or attending a secondary or post-secondary school.

 

(2)"Basic skills deficient" means a youth who has English reading, writing, or computing skills at or below the eighth grade on a generally accepted standardized test or who is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individual's family, or in society.

 

(3)"Compulsory school attendance" means the requirement for children between six and eighteen years of age to attend school under Ohio law.

 

(4)"English language learner" means an individual who has limited ability in reading, writing, speaking, or comprehending the English language, and whose native language is a language other than English or who lives in a family or community environment where a language other than English is the dominant language.

 

(5)"Homeless children and youths" (section 725 (2) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C.11434a as in effect on January 1, 2016) means individuals who lack a fixed, regular, and adequate nighttime residence and includes the following:

 

(a) Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

 

(b) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

 

 

 

(c) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(d)Migratory children who qualify as homeless because the children are living in one of the previously mentioned circumstances.

(6) "Homeless individual" (Violence Against Women Act ,42 U.S.C. 14043e-2 as in effect on January 1, 2016) means an individual who lacks a fixed, regular, and adequate nighttime residence and includes:

(a) An individual who:

(i) Is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

(ii) Is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;

(iii) Is living in an emergency or transitional shelter;

(iv) Is abandoned in a hospital; or

(v) Is awaiting foster care placement.

(b) An individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or

(c) Migratory children who qualify as homeless because the children are living in circumstances listed above.

(7) "Individual with a disability" means, per section 3 (25) of WIOA, an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102 as in effect on January 1, 2016).

(8) "Low-income individual" means an individual who:

(a) Receives, or in the past six months has received, or is a member of a family that is receiving or in the past six months has received, assistance through the supplemental nutrition assistance program (SNAP) established under the Food and Nutrition Act of 2008 (7 U.S.C. as in effect on January 1, 2016), the program of block grants to States for temporary assistance for needy families (TANF) program under part A of title IV of the Social Security Act (42 U.S.C. 601 as in effect on January 1, 2016), or the supplemental security income (SSI) program

established under title XVI of the Social Security Act (42 U.S.C. 1381 as in effect on January 1, 2016) or state or local income-based public assistance;

(b) Is in a family with a total family income that does not exceed the higher of:

(i) The poverty line; or

(ii) Seventy per cent of the lower living standard income level;

(c) Is a homeless individual;

(d)Receives or is eligible to receive free or reduced price lunch;

(e) Is a foster child on behalf of whom state or local government payments are made; or

(f)Is an individual with a disability whose own income meets the income eligibility requirements of paragraph (A)(8)(b) of this rule, but who is a member of a family whose income does not meet this requirement.

(9) "Offender" means, per section 3 (38) of WIOA, an adult or juvenile who:

(a) Is or has been subject to any stage of the criminal justice process, and for whom services under WIOA may be beneficial; or

(b) Requires assistance in overcoming barriers to employment resulting from a record of arrest or conviction.

(10) "School" means, for the purposes of WIOA youth program eligibility, secondary (including public schools, community schools, nonpublic schools, charter schools and approved home schools) and post-secondary schools. It does not include attending classes offered through adult basic and literacy education (ABLE), youthbuild, or job corps.

(11) "School dropout" means, for the purposes of WIOA youth program eligibility, an individual who is no longer enrolled in secondary school and has not received a secondary school diploma or its recognized equivalent.

(B)How does a youth enroll in workforce development activities?

Enrollment begins with completing the JFS 03002 "WIOA Youth Program Eligibility Application" (rev. 3/2016) with the workforce development agency that serves the county in which the applicant resides and includes:

(1) The collection of information necessary to support a WIOA youth program

eligibility determination;

(2) The completion of the comprehensive assessment per rule 5101:14-1-04 of the Administrative Code.

(3) The completion of an individual opportunity plan that includes the provision of one or more of the services described in rule 5101:14-1-02 of the Administrative Code.

(C)Who is eligible for CCMEP?

The following individuals who are at least sixteen but not more than twenty-four years of age are eligible to participate in CCMEP:

(1) Participants in the Ohio works first (OWF) program that have been determined to be work-eligible in accordance with rule 5101:1-3-12 of the Administrative Code are required to participate in CCMEP.

(2) Any OWF participant that has not been determined to be a work-eligible individual in accordance with rule 5101:1-3-12 of the Administrative Code may volunteer to participate in CCMEP.

(3) Each low-income adult, in-school youth, or out-of-school youth registered for a WIOA program who is considered to have a barrier to employment under WIOA is required to participate in CCMEP.

(4) An individual receiving benefits and services from the prevention, retention, and contingency (PRC) program may volunteer for CCMEP within thirty days of having received PRC benefits or services.

(D)Who is an in-school youth?

An in-school youth is an individual who is attending school, not younger than fourteen years or (unless an individual with a disability who is attending school under state law) older than age twenty-one years; is a low-income individual; and has one or more of the following barriers:

(1) Basic skills deficient;

(2) An English language learner;

(3) An offender;

(4) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6))), a homeless child or youth (as defined in section 725 (2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a (2))), a runaway, in foster care or has aged out of the

foster care system, a child eligible for assistance under the John H. Chafee foster care independence program, or in an out-of-home placement;

(5) Pregnant or parenting;

(6) An individual with a disability; or

(7) An individual who requires additional assistance to complete an education program or to secure or hold employment as defined by the local workforce development board.

(E)Who is an out-of-school youth?

An out-of-school youth is an individual who is not attending any school; not younger than sixteen years or older than age twenty-four years; and has one or more of the following barriers:

(1) A school dropout;

(2) A youth who is within the age of compulsory school attendance but has not attended school for at least the most recent complete school year calendar quarter;

(3) A recipient of a secondary school diploma or its recognized equivalent who is a low income individual and is basic skills deficient or an English language learner;

(4) An individual who is subject to the juvenile or adult justice system;

(5) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6))), a homeless child or youth (as defined in section 725 (2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a (2))), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under the John H. Chafee foster care independence program, or in an out-of-home placement;

(6) An individual who is pregnant or parenting;

(7) A youth who is an individual with a disability; or

(8) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment as defined by the local workforce development board.

(F) Whose income is used when determining low-income status?

If the individual is under eighteen years of age, living with parent(s) or guardian(s),

and is receiving support from them or if the individual is ages eighteen to twenty-four years and the parent(s) or guardian(s) pay(s) for more than fifty per cent of the individual's support, the individual is considered to be dependent on the parent(s) or guardian(s) and their income must be used to determine WIOA youth program eligibility. Verification of dependent status and means of support must be documented for each youth program participant.

(G) Is  an  individual  considered  a  low-income  individual  if  he  or  she  resides  in  a high-poverty area?

If the poverty rate in an individual's city, town, or township of residence is at least thirty per cent, the individual may be considered low income for purposes of determining WIOA youth and young adult eligibility.

(H) Who  is  an  individual  requiring  additional  assistance  to  complete  an  education program or to secure or hold employment?

An individual who requires additional assistance to complete an education program or to secure or hold employment is one that is receiving, or has received in the past six months, SNAP, TANF, or SSI or other criteria established by the local workforce development board.

(I) Is there any eligibility requirement for an individual to be a citizen of the United States?

In order to be eligible for the WIOA youth program, the applicant must be a United States citizen or non-citizen national or qualified alien as those terms are defined in rule 5101:1-2-30 of the Administrative Code.

(J) Is there an eligibility requirement to register for the selective service?

In order to be eligible for the WIOA youth and young adult program, males ages eighteen and over must have fulfilled the registration requirements of the military Selective Service Act as in effect on January 1, 2016.

(K) Is there a process for determining WIOA youth program eligibility when a close relationships exists between the individual and any stakeholders of the workforce development system?

All individuals applying for the WIOA youth program are required to document whether or not a close relationship exists between the individual and any stakeholder in the workforce development system on the JFS 03002. If a relationship does exist, the internal process developed by the local workforce development board must be followed to ensure that a transparent assessment of the individual's eligibility and development of the individual opportunity plan has been conducted  with  no  personal  or  business  relationship,  bias,  special  interest,  or

prejudice.

(L) Since CCMEP serves sixteen to twenty-four year old individuals, how does the local workforce development area serve WIOA youth program eligible individuals ages fourteen and fifteen years?

Eligible youth ages fourteen and fifteen years will be provided the full array of applicable or appropriate services available through providers and OhioMeansJobs center partners. Youth will be referred to appropriate programs that have the capacity to serve them for assessment, if necessary, and to meet the skills and training needs of these youth. OhioMeansJobs centers will provide basic labor exchange services under the Wagner-Peyser Act as in effect on January 1, 2016 for any youth.

(M) Are there funding limitations in the WIOA youth program?

(1) For any program year, not less than seventy-five per cent of WIOA youth formula funds available shall be used to provide youth workforce activities for out-of-school youth.

(2) Up to five per cent of in-school and out-of-school youth may be individuals who would be eligible for the WIOA youth program, except that the individual is not low-income.

(3) Not more than five per cent of in-school youth may be eligible based upon the individual barrier being that the individual requires additional assistance to complete an educational program or to secure or hold employment.

(4) A minimum of twenty per cent of the total local area youth formula funds shall be spent on work experience.

(N)How is WIOA youth program eligibility verified?

WIOA youth program eligibility must be verified or confirmed through an examination of documents. The United States department of labor provides guidance for the specific types of source documents that must be used to verify participant eligibility.

Effective:                                                             03/24/2016

Five Year Review (FYR) Dates:                         03/24/2021

CERTIFIED ELECTRONICALLY

Certification

03/14/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           Section 305.190 of Am. Sub. HB 64 of the 131st

General Assembly

Rule Amplifies:                                  Section 305.190 of Am. Sub. HB 64 of the 131st General Assembly