SCSEP stand-alone state plan modifications for 2022–2023

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION                SCSEP
              ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                       OWI DNPTTA
            Washington, D.C. 20210                      DATE
                                                        February 9, 2022

ADVISORY:      TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 6-21

TO:            SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
               GRANTEES
               STATE WORKFORCE ADMINISTRATORS
               STATE WORKFORCE LIAISONS
               STATE AND LOCAL WORKFORCE BOARD EXECUTIVE DIRECTORS
               AND CHAIRS

FROM:          ANGELA HANKS
               Acting Assistant Secretary

SUBJECT:       Senior Community Service Employment Program State Plan Modifications

1. Purpose. The purpose of this Training and Employment Guidance Letter (TEGL) is to
   provide Senior Community Service Employment Program (SCSEP) states, territories, and
   outlying areas with guidance for submission of two-year modifications to SCSEP Stand-
   Alone State Plans, including the process and deadline for submission. Note that this
   guidance pertains only to states that submitted a SCSEP Stand-Alone State Plan for Program
   Year (PY) 2020-2023. States that included SCSEP as part of a Unified or Combined State
   Plan for PY 2020-2023 must refer to TEGL 4-21 “Modification Requirements for Workforce
   Innovation and Opportunity Act (WIOA) State Plans for Program Years (PYs) 2022 and
   2023” for instructions.

2. Action Requested. States and territories must review their PY 2020 State Plan submissions
   and submit their SCSEP Stand-Alone State Plan modifications via email with “State Plan
   Modification” in the subject line to [email protected] on or before March 15, 2022.
   See Section 4 of this TEGL for detailed submission requirements.

3. Summary and Background.

  a. Summary – This guidance provides instructions for states to submit two-year
     modifications to SCSEP Stand-Alone State Plans.
  b. Background – In order to receive SCSEP funds, the Older Americans Act, as amended at
     42 U.S.C. 3056 et seq. (OAA) requires each state to submit a State Plan that includes a
     four-year strategy for the statewide provision of community services and other authorized
     activities for eligible individuals under the SCSEP. The OAA also requires that each
     state submit modifications to the State Plan not less than every two years.

  RESCISSIONS                                            EXPIRATION DATE
  TEGL 11-17 and TEGL 7-19                               Continuing

     Similarly, WIOA requires states to submit State Plans every four years to the
     Departments of Labor and Education outlining their workforce development activities.
     Every two years, the Governor is required to review the four-year State Plan and submit
     modifications for consideration and approval.

     In 2020, SCSEP grantees had the option of submitting a SCSEP Stand-Alone State Plan
     as an independent document or as part of a Combined State Plan with other WIOA
     programs. As noted above, states that included SCSEP in a Combined State Plan for PY
     2020-2023 must refer to TEGL 4-21 for instructions for modifying their State Plan. For
     states that submitted a SCSEP Stand-Alone State Plan for PY 2020-2023, please see the
     instructions provided below and attached. In PY 2020, 31 states submitted stand-alone
     State Plans.

4. SCSEP State Plan Modification Requirements.
  a. Required Updates to SCSEP State Plans – SCSEP regulations require that either the
     Governor or the highest state governmental official review and submit an update to the
     State Plan every two years (20 CFR 641.340(a)). For detailed SCSEP State Plan
     modification requirements, please see Attachment I. Modifications must address any
     changes to the elements in Attachment I, as applicable. Whether states and territories are
     submitting modifications for Combined or Stand-Alone plans, they should review all the
     SCSEP regulations and the TEGLs listed in the Reference section below for clarification
     of the requirements and expectations of State Plan modification submissions for SCSEP.

  b. SCSEP Planning Priorities – In contemplating changes to the SCSEP State Plan elements
     listed in Attachment I, we recommend that states give particular emphasis to the
     following considerations:
          • Changes in projected employment opportunities and economic conditions – When
              states last submitted SCSEP State Plans in the spring of 2020, the COVID-19
              pandemic and its significant disruptions to global and local economies had only
              just begun. As a result, it is particularly critical, for purposes of developing and
              submitting the SCSEP Two-Year State Plan modification, that states reassess
              economic and labor market information (LMI) and adjust strategies for what may
              now be a different set of growing and declining industries, occupations, and skills
              relevant to older workers.
          • Flexible service-delivery strategies – As states continue to recover from the
              disruptions of the COVID-19 pandemic, the Department reminds SCSEP grantees
              that they have the flexibility to implement service-delivery models that keep
              participants safe while still accomplishing the objectives of the program. In
              particular, such models may include the use of remote or telework arrangements
              for community service assignments, training, and other activities. As with any
              community service assignment, such arrangements still require grantees to ensure
              that the community service assignment provides adequate supervision,
              development of needed soft skills, provision of appropriate training aligned to
              participants’ Individual Employment Plans, and access to any hardware and
              connectivity necessary for the work assigned. Grantees implementing such

           assignments must also ensure that all participants are served equitably, including
           those who are not able to take advantage of remote or telework arrangements.
       •   Equity in service delivery – States should examine which population groups
           experience inequities in access to and participation in SCSEP – particularly those
           populations identified in LMI analysis as having higher unemployment and lower
           earnings than the overall population, as well as those identified in the SCSEP
           Minority Report as having relatively lower rates of participation and/or achieving
           relatively lower outcomes. The Department encourages states to develop SCSEP
           service-delivery strategies that better address and promote equity in service
           design, recruitment, implementation, and support services that aim to provide
           equitable access and outcomes to all communities seeking access to SCSEP
           services.
       •   Outreach and services to formerly incarcerated individuals – The Supporting
           Older Americans Act of 2020 amended the Older Americans Act to add formerly
           incarcerated individuals to the list of priority of service characteristics and
           includes them in the definitions of individuals with barriers to employment and
           most-in-need. The Department has provided additional guidance about these
           requirements in TEGL 17-20. As applicable in this Two-Year State Plan
           Modification, we advise SCSEP grantees to describe any plans to conduct
           outreach to and services for formerly incarcerated individuals as defined under
           TEGL 17-20.

c. Soliciting Public Comments – SCSEP grantees must make the modified plan available for
   public comment before submission (20 CFR 641.345(c)). The regulations allow but do
   not require the state to seek the advice and recommendations of individuals and
   organizations affected by changes to the plan (see 20 CFR 641.315 for the list of such
   entities) except that States must seek the advice and recommendations of any national
   grantees operating in the State. The state grantee should follow established state
   procedures to solicit and collect public comments on the modified State Plan.

d. Submitting Two-Year SCSEP State Plan Modifications – States and territories that
   submitted PY 2020-2023 SCSEP Stand-Alone State Plans may describe their updates in a
   separate document or can alter the original document and submit with track changes. As
   noted above, states that submitted the SCSEP State Plan as part of a WIOA Combined
   State Plan must refer to TEGL 4-21 for instructions. States and territories must submit
   their SCSEP Stand-Alone State Plan modifications via email with “State Plan
   Modification” in the subject line to [email protected] on or before March 15,
   2022. The Governor or the Governor’s designee submits SCSEP State Plan
   modifications. If the designee is submitting the plan, the state must attach a letter from
   the Governor naming his or her designee. Grantees that received a conditional approval
   for their PY 2020-2023 SCSEP Stand-Alone State Plan and have not responded to date
   must submit a modification addressing those conditions. If there are no modifications to
   the SCSEP Stand-Alone State Plan at this time, the state must submit a letter from the
   Governor or Governor’s designee stating that there are no modifications at this time. We
   recommend that states send a copy via email of their modification submission to the
   appropriate Federal Project Officer (FPO) at the same time.

5. Inquiries. Please direct inquiries to your FPO.

6. References.

  •   Older Americans Act (42 USC 3056, et seq.), as amended through Public Law 116-131.
  •   Training and Employment Guidance Letter (TEGL) 17-20 Senior Community Service
      Employment Program – Updated Guidance on Priority of Service, Durational Limits and
      State Plan Submissions (04/15/2021).
  •   SCSEP Final Rule, 20 CFR 641.302-365 (as amended December 1, 2017).
  •   TEGL 7-19, Senior Community Service Employment Program Four-Year State Plans
      (December 31, 2019).
  •   Workforce Innovation and Opportunity Act (WIOA) Pub. L. 113-128 (July 22, 2014).
  •   Joint Rule for Unified and Combines State Plans, Performance Accountability, and the
      One-Stop System Joint Provisions; Final Rule 80 FR 20574 (April 16, 2015).
  •   TEGL 14-15, Workforce Innovation and Opportunity Act (WIOA) Requirements for
      Unified and Combined State Plans (March 4, 2016).
  •   TEGL 10-19, Modification Requirements for Workforce Innovation and Opportunity Act
      (WIOA) State Plans for Program Years (PYs) 2020 and 2023 (February 3, 2020).

7. Attachments.

      Attachment I: SCSEP State Plan Two-Year Modification Requirements

                                                                                   Attachment I

                 SCSEP State Plan Two-Year Modification Requirements

SCSEP grantees were required at minimum to comprehensively address the following
programmatic elements in their SCSEP Stand-Alone Four-Year State Plan, with the exception of
item III.F.6, which is a new requirement provided by the most recent amendments to the Older
Americans Act (see P.L. 116-131, the Supporting Older Americans Act of 2020). In the Two-
Year Modification, grantees must comprehensively cover any changes in the following elements.
(20 CFR 641.340(a)).

  I.   Economic Projections and Impact
         A. Discuss long-term projections for jobs in industries and occupations in the state
            that may provide employment opportunities for older workers. (20 CFR
            641.302(d)). (Alternately, states may discuss this in the economic analysis section
            of strategic plan, if submitting a Unified or Combined State Plan.)
         B. Describe how the long-term job projections discussed in the economic analysis
            section of strategic plan relate to the types of unsubsidized jobs for which SCSEP
            participants train and the types of skills training provided. (20 CFR 641.302(d))
         C. Discuss current and projected employment opportunities in the state (such as by
            providing information available under §15 of the Wagner-Peyser Act (29 U.S.C.
            491-2) by occupation), and the types of skills possessed by eligible individuals.
            (20 CFR 641.325(c)).

 II.   Service Delivery and Coordination
         A. Provide a detailed description of what actions will be taken to coordinate SCSEP
             with other programs, including:
              1. Actions to coordinate activities of SCSEP grantees with WIOA Title I
                   programs, including plans for using the WIOA one-stop delivery system and
                   its partners to serve individuals aged 55 and older. (20 CFR 641.302(g),
                   641.325(e))
              2. Actions to coordinate activities of SCSEP grantees with the activities carried
                   out in the State under the other titles of the OAA. (20 CFR 641.302(h))
              3. Actions to coordinate SCSEP with other private and public entities and
                   programs that provide services to older Americans, such as community and
                   faith-based organizations, transportation programs, and programs for those
                   with special needs or disabilities. (20 CFR 641.302(i))
              4. Actions to coordinate SCSEP with other labor market and job training
                   initiatives. (20 CFR 641.302(j))
              5. Actions the State will take to ensure that SCSEP is an active partner in the
                   one-stop delivery system and the steps the State will take to encourage and
                   improve coordination with the one-stop delivery system. (20 CFR 641.335)
           B. Describe the long-term strategy for engaging employers to develop and promote
               opportunities for the placement of SCSEP participants in unsubsidized
               employment. (20 CFR 641.302(e)) (Alternately, the State may discuss this in
               the State strategies section of strategic plan if submitting a Combined Plan.)
           C. Describe the long-term strategy for serving minorities under SCSEP. (20 CFR
               641.302 (c))

                                                                                   Attachment I

           D. Provide a list of community services needed and the places where these services
              are most needed. Specifically, the plan must address the needs and location(s) of
              those individuals most in need of community services and the groups working to
              meet their needs. (20 CFR 641.330)
           E. Describe the long-term strategy to improve SCSEP services, including planned
              long-term changes to the design of the program within the State, and planned
              changes in the use of SCSEP grantees and program operators to better achieve
              the goals of the program. This may include recommendations to the Department
              as appropriate. (20 CFR 641.302(k))
           F. Describe a strategy for continuous improvement in the level of performance for
              SCSEP participants’ entry into unsubsidized employment, and to achieve, at a
              minimum, the levels specified in OAA Section 513(a)(2)(E)(ii). (20 CFR
              641.302(f))

III.   Location and Population Served, including Equitable Distribution (ED)
         A. Describe the localities and populations most in need of the type of projects
             authorized by title V. (20 CFR 641.325 (d))
         B. List the cities and counties where the SCSEP project will take place. Include the
             number of SCSEP authorized positions and indicate if and where the positions
             changed from the prior year.
         C. Describe any current slot imbalances and proposed steps to correct inequities to
             achieve equitable distribution.
         D. Explain the state’s long-term strategy for achieving an equitable distribution of
             SCSEP positions within the state that moves positions from over-served to
             underserved locations within the State in compliance with 20 CFR 641.365 and;
              1. Equitably serves rural and urban areas (20 CFR 641.302(a)(2) and
              2. Serves individuals afforded priority for service under 20 CFR 641.520. (20
                   CFR 641.302(a), 641.365)
         E. Provide the ratio of eligible individuals in each service area to the total eligible
             population in the state. (20 CFR 641.325(a))
         F. Provide the relative distribution of eligible individuals who:
              1. Reside in urban and rural areas within the state;
              2. Have the greatest economic need;
              3. Are minorities;
              4. Are limited English proficient;
              5. Have the greatest social need (20 CFR 641.325(b)); and
              6. Formerly incarcerated individuals, as defined in TEGL 17-20.
         G. Describe the steps taken to avoid disruptions to service for participants to the
             greatest extent possible, in positions redistribution, as provided in 20 CFR
             641.365; when new Census or other reliable data becomes available; or when there
             is over-enrollment for any other reason. (20 CFR 641.325(i), 641.302(b))