Dual JTPA and senior employment program eligibility

Training and Employment Guidance Letter No. 09-93

Official advisory: https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-09-93

Date: May 12, 1994
To: All State JTPA Liaisons State Employment Security Agencies State Worker Adjustment Liaisons
From: Barbara Ann Farmer Administrator for Regional Management
Subject: Clarification of Eligibility Provisions Under the Job Training Partnership Act (JTPA) and the Senior Community Service Employment Program (SCSEP)
Purpose: To respond to questions regarding the participation of SCSEP eligible persons in JTPA.

References: Public Law 102-367, JTPA and Public Law 103-171 Older Americans Act (OAA) Technical Amendments. OW 94-1, "Technical Amendment to Title V of the OAA".

Background: On February 8, 1994, Older Worker Bulletin 94-1, was jointly issued by the JTPA and SCSEP offices at the Employment and Training Administration. The issuance quoted a technical amendment to Title V and provided guidance on implementing this new amendment. The amendment extended eligibility for SCSEP eligible individuals in joint programs to section 204(d) of JTPA. The previous joint program eligibility provision for SCSEP enrollees under section 203 was published at 628.605(e) of the JTPA Interim Final regulation on December 29, 1992. The new OAA amendments extended the same coverage to the 204(d) program. While the OAA amendment itself was straight forward, a number of questions regarding implementation were raised. To respond to such questions, the attached questions and answers (Qs&As) are being provided.

Action: JTPA operators should review the attached Qs&As dealing with JTPA and the SCSEP dual eligibility and take the steps necessary to implement the dual eligibility policy in their jurisdictions.

Attachment 1

Attachment 1: Qs&As on Dual Eligibility under JTPA and SCSEP Q&A's on Dual Eligibility under JTPA and SCSEP

1. Q. What constitutes an acceptable agreement under which SCSEP eligible individuals in Joint JTPA programs may be deemed to meet JTPA eligibility requirements?

A. A standard requirement is that all the SDAs for Section 203 and the Governor's agents for the 204(d) program will develop agreements jointly with the SCSEP project operators. These agreements between the JTPA agency and the SCSEP sponsor to carry out joint programs must be in writing. They may be financial or non-financial and may include referrals between programs, co-enrollment and/or the provision of services such as assessments, job counseling, and training. The format of the agreement should be determined locally. It is expected, in the case in which a section 204(d) program and a SCSEP program are administered by the same agency, that the agreements will be at the local level and will not be arrangements in which non-served SCSEP eligible individuals are referred to JTPA. (SEE Question 2)

2. Q. If a JTPA agency signs an agreement for joint programs, must the provider serve all the individuals referred by Title V?

A. No. While individuals certified as Title V eligible are eligible for JTPA-SCSEP joint programs, this does not mean that they must be served. JTPA services are provided only to those persons who are deemed suitable for those services by the JTPA service provider in accordance with their guidelines and for whom space in the JTPA activity exist.

3. Q. Who certifies the participant's eligibility and through what process?

A. The SCSEP operator is responsible for certifying the SCSEP eligible individuals for projects carried out jointly under SCSEP and JTPA. Joint projects will use the SCSEP income computation procedures. Once the SCSEP eligibility has been established, the SCSEP operator will refer the individual to the joint project if such a referral is appropriate. The referral to the JTPA project may be by use of a referral card, electronic message or some other mutually agreed upon means. In order to provide JTPA with information for the SPIR record, the SCSEP project staff shall advise the JTPA project staff of each enrollee's status relative to the Federal Family Income Poverty level (see OW Bulletin 80-19). This certification may be a simple statement indicating that the participant is at or below 100% of the poverty level. The term "poverty level" refers to the Federal Poverty Income Guidelines which are published by the Department of Health and Human Services and updated annually.

4. Q. Why should JTPA and SCSEP operators develop agreements?

A. In addition to common sense reasons such as reduced costs and better services for older workers, the legislation for both the JTPA and OAA, mandate coordination of service delivery. A joint agreement provides a documented frame work to guide the development of services for older individuals. Moreover, a well written agreement should eliminate misunderstandings and lead to good working relationships.

5. Q. Do SCSEP participants in joint JTPA-SCSEP projects operated by SDAs count against the provisions of section 203(c) which is commonly referred to as the "10 percent window"?

A. SCSEP certified participants in joint projects shall not be included under the limitations of section 203(c). That is, the section 203 (c) limitations are not applicable for Title V eligible participants in cases where there is a joint agreement even if their income exceeds the Federal Poverty level. If such an agreement does not exist, SCSEP certified participants who are not economically disadvantaged do count against this window.

6. Q. For SPIR purposes, how should those few people who are Title V eligible but not below the Federal Poverty level be reported?

A. All SCSEP certified individuals in joint programs are eligible for JTPA. Individuals which the SCSEP project has identified as disadvantaged should be reported on the SPIR as "disadvantaged". SCSEP enrollees who are not disadvantaged (have incomes in excess of 100% of the Federal Poverty level) must be reported as non-disadvantaged. (NOTE: As indicated in question 5 they do not count against any window even if they exceed the Federal Poverty level.)

7. Q. When there is a joint project, which organization gets credit for the placement?

A. In joint programs, both the SCSEP operator and the JTPA operator may take credit for an unsubsidized employment placement.

8. Q. Will the JTPA regulations reflect the new OAA technical amendment?

A. Yes. The final regulations to implement the JTPA amendments will contain provisions to implement the dual eligibility requirements of the 1992 OAA amendments.