JTPA amendments and modifications to state coordination plans

Training and Employment Guidance Letter No. 4-92

Official advisory: https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-4-92

Date: February 5, 1993
To: ETA Regional Staff
From: Carolyn M. Golding, Acting Assistant Secretary of Labor
Subject: Job Training Partnership Act (JTPA) Amendments Modifications to the Governor's Coordination and Special Services Plans

Purpose: To transmit planning guidance to States regarding modifications to the Governor's Coordination and Special Services Plans (GCSSP) and the Statewide Service Delivery Area Job Training Plans resulting from the enactment of the Job Training Amendments of 1992.

Reference: Job Training Amendments of 1992.

Background: Section 121(a)(2) of the JTPA provides that "Any State seeking financial assistance under this Act shall submit a GCSSP for two program years to the Secretary describing the use of all resources provided to the State and its service delivery areas under this Act...." Section 121(b)(7) requires that a modification to the GCSSP be submitted by the Governor to the Secretary if major changes occur in labor market conditions, funding, or other factors during the period covered by the plan. Since the States' submission in May 1992 of the GCSSP's for Program Years 1992 and 1993, the JTPA Amendments of 1992 have been enacted, requiring major changes to Title II programs for Program Year 1993. Section 104(c) states that "If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official... shall submit a modification of such plan....." Accordingly, all Governors are expected to review the following sections of the Amendments and interim final regulations and, where appropriate, modify the State's GCSSP for PY 1993. Development of modifications shall proceed on the basis of the statutory language and interim final regulations. In addition, all Governors of single State service delivery areas (SDA's) must modify the State's job training plan.

JTPA Amendments of 1992: Modifications to the State's current GCSSP, and, as appropriate, the Statewide Service Delivery Area Job Training Plan, are necessary as a result of the following sections of the 1992 Amendments:

a. Private Industry Council Section 627.475 of the JTPA regulations provide that the Governor shall establish general standards for Private Industry Council (PIC) oversight responsibilities. The required PIC standards shall be included in the GCSSP. (20 CFR 627.475)

b. Governor's Coordination and Special Services Plans Section 121 (b)(2). The GCSSP shall describe the measures taken by the State to ensure coordination and avoid duplication between agencies administering the Job Opportunities and Basic Skills (JOBS) program and programs under Title II in the planning and delivery of services. The plan shall describe the procedures developed by the State to ensure that the State JOBS plan is consistent with the coordination criteria specified in this plan; and shall identify the procedures developed to provide for the review of the JOBS plan by the State Job Training Coordinating Council (SJTCC). Section 121(b)(3). The Plan shall describe the projected use of resources, including oversight of program performance, program administration, and program financial management, capacity building, priorities and criteria for State incentive grants, and performance goals for State-supported programs. The description of capacity building shall include the Governor's plans for technical assistance to SDA's and service providers, interstate technical assistance and training arrangements, other coordinated technical assistance arrangements undertaken pursuant to the direction of the Secretary, and as applicable, research and demonstration projects.

c. State Education Coordination and Grants Section 123 requires the Governor to allocate 8 percent of the State's funds to any State education agency in accordance with a jointly agreed upon plan. Pursuant to Section 123(c), the Governor shall include in the GCSSP a description of the use of State's 8 percent funds in conformance with Section 123 of the Act and 20 CFR 628.205 and 628.315 of the regulations.

d. State Human Resource Investment Council Section 701 of the JTPA, as amended, authorizes the establishment of a State Human Resource Investment Council (HRIC) to advise the Governor on coordination of Federal human resource programs within the State. The HRIC may replace existing State councils dealing with Federal human resource programs. The option for the Governor to designate the HRIC to carry out the responsibilities of the SJTCC, in lieu of establishing a SJTCC, is authorized at Section 122(d)(1) of JTPA, as amended. (20 CFR 628.215)

e. Services for Older Workers Section 202(c)(1)(D) of JTPA, as amended, specifies a 5 percent set-aside to support Services to Older Individuals. Plans for the use of such funds for PY 93 shall be developed in accordance with Section 204(d) of JTPA, as amended, and 20 CFR 628.320.

f. Linkages Section 205 of JTPA, as amended, requires SDA's to establish appropriate linkages with federally authorized programs including: the Adult Education Act; the Carl D. Perkins Vocational and Applied Technology Education Act; the Rehabilitation Act of 1973; the Wagner-Peyser Act; JOBS; the Food Stamp Act; the National Apprenticeship Act; the U.S. Housing Act; the National Literacy Act of 1991; Head Start; Title V of the Older Americans Act, and other provisions of JTPA. Additionally, SDA's are required to establish other appropriate linkages with other organizations and agencies, such as State and local educational agencies, local service agencies, public housing agencies, community organizations, business and labor groups, volunteer groups working with disadvantaged adults, and other training, education, employment, economic development and social service programs. (Section 205 and 20 CFR 627.220)

Nontraditional Employment for Women: The Nontraditional Employment for Women (NEW) Act requires SDAs to include goals in their PY 92 and 93 plans. Such goals have been included in most of the GCSSPs submitted by Governors for PY 92-93. While the Amendments do not specifically require changes to the NEW goals, the general changes in program design and targeting of services may result in changes to the NEW goals included in the GCSSP for PY 93. Furthermore, Governor's staffs may find that the goals initially set warrant refinement, given the relatively short period provided for the initial goal setting. Accordingly, Governors should consider refinement of their NEW goals in the development and submission of this modification.

Format: Given the wide variety of approaches taken by the States in constructing the GCSSP and the Job Training Plan, the Department believes that it would be more expeditious if a common outline was followed. Therefore, we are requesting that these modifications adhere to the attached outlines.

Submittal: Modifications to the PY 1992/1993 GCSSP's and the Statewide Service Delivery Area Job Training Plans must be submitted for receipt by the Administrator, Office of Job Training Programs, by May 15, 1993. Also, a copy should be sent to the appropriate ETA Regional Office.

Burden Hours Estimates: The National Office estimates that the burden estimate of 40 hours includes time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Attachment I: MODIFICATION TO GCSSP

I. Identifying Information A. The name and address of the grantee. B. Date of submission of the modification and the number of the modification (I,II,III,etc). C. Time period covered. D. The specific changes to be made in the GCSSP and the reason(s) for the modification. (Describe the section of the plan where this information is included.)

II. Program Information

A. Goals and Objectives

B. Coordination 1. Describe the measures taken by the State to ensure coordination and lack of duplication with the Job Opportunities and Basic Skills (JOBS) training program. (Section 121 (b)(2) and 20 CFR 628.205)

III. Program Activities

B. Projected Use of Resources 1. Describe the State system for the State and sub-State allocation of JTPA funds including the following: Title II-A, II-B, and II-C; education coordination and grants (8 percent); administrative, management, and auditing (5 percent); incentive grants, capacity building and technical assistance (5 percent) and services for older individuals (5 percent). (Section 121(b)(3)). 2. Describe the State's administrative system to assure oversight of the programs operated in the SDA's as well as those State-supported programs operated throughout the State. The discussion should include a description of the role of the SJTCC or HRIC in program operations and oversight. Specify the role of the SJTCC in oversight of Title II-A, II-B, II-C, 8 percent State Education Coordination and Grants, programs for older individuals, and incentive, capacity building and technical assistance programs. (Section 121(b)(3)). 3. Describe the State's administrative activities, and procurement and financial management policies, including auditing and oversight to be conducted using the funds allocated to the State for administrative, financial management and auditing activities. (Section 121(b)(3)). 4. Describe the training activities to be funded with Title II-A, II-B, and II-C funds. (Section 121(b)(3)). 5. Describe the types of training and participant support activities to be funded with services for older individuals funds. (Section 204(d) and 20 CFR 628.320) (a) Describe the State's procedures for accomplishing consultation with the PIC when providing services to older individuals. (Section 204(d) and 20 CFR 628.320) (b) Describe the State's policy for providing services to individuals with additional barriers to employment. List the SDA's and additional barriers approved by the Governor. (Section 204(d)(5)(B) and 20 CFR 628.320) 6. Describe the projected use of State Education Coordination and Grants (8 percent) funds. (Section 123(c)). (a) Identify the State education agency (ies) responsible for education and training that will be the recipient(s) of these funds. (Section 123 and 20 CFR 628.315) (b) Describe the projects to be funded. (Section 123(a)(2) and 20 CFR 628.315(c)(2)) (c) Describe the anticipated agreements and the agency (ies), administrative entities and SDA's with whom the agreements will be made. (Section 123 (b) and 20 CFR 628.315(b)) (d) Describe all of the information specified at Section 123(c). (Section 123 and 20 CFR 628.315) (e) Describe all the State match for the use of these funds. (Section 123(a) and 20 CFR 628.315(e)). 7. (a) Describe how the State has involved SDAs in planning the use of capacity building and technical assistance funds. (20 CFR 628.305). (b) Describe any requirements the State may have developed for the inclusion of a capacity building and technical assistance strategy as part of the planning guidance for the preparation of SDA local job training plans. (20 CFR 628.420). (c) Describe how capacity building investments will enhance staff capabilities at the State and local levels, including service providers. (d) Describe the use of resources that will provide technical assistance to SDAs failing to meet performance standards. (Section 121(b)(3)). (i) Specify the percentage of the "five percent" funds available under Section 202(c)(1)(B) that will be used for capacity building and technical assistance. (ii) Describe the formula, weighing schemes, and standards for measuring degree of performance to be used in distributing the balance of the funds for incentive grants to SDAs. (20 CFR 629.325). 8. If the State plans to participate in the incentive bonus program under Title V (Jobs for Employable Dependent Individuals (JEDI)), describe how the State will encourage successful implementation of: (a) training activities of eligible individuals whose placement is the basis for the payment to the State of the incentive bonus; and (b) the training services, outreach activities, and pre-employment supportive services provided furnished to these individuals. (Title V of JTPA)

IV. Signature The modification shall contain the Governor's signature or the signature and title of his/her designee. The name of the signer shall be typed below the signature.

V. Plan Submission States shall submit three copies of any necessary modifications, each with an original signature of the Governor or of a designee to: Dolores Battle Administrator Office of Job Training Programs Department of Labor/Employment & Training Administration 200 Constitution Avenue, NW., Room N4459 Washington, D.C. 20210 Also, a copy of the modification must be sent to the appropriate ETA Regional Office.

Attachment II: MODIFICATION TO STATEWIDE SERVICE DELIVERY AREA JOB TRAINING PLAN

The Job Training Plan Modification shall contain:

I. Identifying Information (A) Identification and address of grant recipient. (B) Identification and address of entity or entities which will administer the program (see Section 104(b)(1) of JTPA, if different from the grant recipient). (C) Date of submission. (D) Area covered by SDA (i.e., Entire State of -------------) (E) Time period covered by the Plan.

II. Program Information (A) Specific descriptions of each of the required elements found in Section 104(b)(3) through 104(b)(13) of the Act. (20 CFR 628.420(B)(9)) (B) A statement assuring that the State will publish its plan and make it available for review and comment, as specified in Section 105(a) of the Act. (C) A statement assuring that the State will comply with the cost limitations contained in Section 108 of the Act. (20 CFR 627.445). III. Signature An original signature of the Governor or authorized designee shall be affixed to each of the three copies of the Statewide Plan submitted. The name of the signer (and the signer's title, if a designee) shall be typed below the signature.