Section 2600.10  Legislative Base

 

a)         Federal Allocation to the State

 

1)         On October 13, 1982, Congress passed into law the Job Training Partnership Act (29 U.S.C. 1501, December 31, 1982),  Public Law 97-300 as amended, by Public Law 97-404.  The Act establishes five titles, and amends Title V of the Wagner-Peyser Act (29 U.S.C. 3202, amended October 1, 1983) and Title IV of the Social Security Act (42 U.S.C. 601-676 (1983)).  The new statute replaces the Comprehensive Employment and Training Act (29 U.S.C. 801, effective 10/27/78), with a new program and delivery system to train economically disadvantaged individuals and others for permanent, private sector employment.

 

2)         The Job Training Partnership was enacted under Title I of the Act. Title I enables the State to establish a service delivery system, and outlines specific State, local and Federal responsibilities.

 

b)         State

 

1)         On August 5, 1983, the Governor and the Secretary of the U.S. Department of Labor officially entered into an agreement for the purposes of carrying out the provisions of the Job Training Partnership Act (JTPA) and the Wagner-Peyser Act, pursuant to 20 CFR 627.1 effective March 15, 1983.  In the agreement the Governor provided assurances that the State will fully comply with the requirements of the JTPA, the Wagner-Peyser Act,  and all applicable Federal Rules (20 CFR 626-638, effective March 15, 1983) in performing the Governor's duties under these Acts.

 

2)         The Secretary provided assurances that operational systems and requirements adopted by the Governor shall, to the extent they are consistent with the JTPA and applicable rules and regulations, be accepted by the Secretary.

 

Section 2600.20  Definitions

 

The State shall adopt the following definitions for the terms listed as follows:

 

"Acquisition Cost of Purchased Nonexpendable Personal Property" – The net invoice unit price of the property, including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make the property usable for the purpose for which it was acquired.  Other charges such as the cost of installation, transportation, taxes, duty, or protective in-transit insurance, shall be included or excluded from the unit acquisition cost in accordance with the grantee's regular accounting practices.

 

"Act" – Job Training Partnership Act (October of 1982) (P.L. 97-300 (29 U.S.C. 1501) as amended by P.L. 97-404 (42 U.S.C. 602), P.L. 99-496 (29 U.S.C. 1501), P.L. 99-570 (21 U.S.C. 801) and P.L. 100-418 (20 U.S.C. 5001)).

 

"Additional Dislocated Worker" – A displaced homemaker as that term is defined in section 4(29) of the Act.

 

"Adult Employability Enhancement Termination" – An outcome for adults, other than entered unsubsidized employment, which is recognized as enhancing long-term employability and contributing to the potential for a long-term increase in earnings and employment.  Outcomes which meet this requirement shall be restricted to the following:

 

Attained Adult Employability Skills – Demonstrated proficiency as defined by the local area in one or more of the following two skill areas in which the terminee was deficient at enrollment:  basic education skills and occupational skills.  Employability skill gain must be achieved through program participation and must be the result of a prior employability development planning process which identifies the participant's skill deficiencies, the training needed to overcome the deficiencies and the level of proficiency needed for attainment of the employability skill.

 

Completed Major Level of Education – Completed, during enrollment, a level of educational achievement which had not been reached at entry.  Levels of educational achievement are secondary and post secondary.  Completion standards shall be governed by State standards and shall include a high school diploma, GED Certificate or equivalent at the secondary level, and shall require a diploma or other written certification of completion at the postsecondary level.  NOTE:  To obtain credit, completion of a major level of education must result primarily from active JTPA program participation of at least 90 calendar days or 200 hours.

 

Entered Non-Title II Training – Entered an occupational-skills employment/training program, not funded under Title II of the JTPA, which builds upon and does not duplicate training received under Title II.  NOTE:  To obtain credit, the participant must have been retained in that program for at least 90 calendar days or 200 hours or must have received a certification of occupational skill attainment.  During the period the participant is in non-Title II training, he/she may or may not have received JTPA services as defined in 56 Ill. Adm. Code 2610.70.

 

"Applicant" – Individual who is receiving, or has received, only outreach or intake services, or both.  An "applicant" may or may not become a "participant", based upon the outcome of intake and the individual's willingness to participate.

 

"Applicant Agency" – Educational, employment and training agencies which can provide services to workers who are affected by mass-layoff or plant closings.

 

"Application Date" – The date the applicant signs and dates the JTPA application certifying that the information on the form is correct to the best of his/her knowledge. In the case of a minor (except emancipated youth) the application date is the date the parent/guardian signs the application.

 

"Assessment" – Services designed to initially determine each applicant's/participant's employability, aptitudes, abilities, and interests, through interviews, testing, and counseling which are conducted to achieve the applicant's/participant's employment related goals.

 

"At Risk of Dropping Out of School" – A student without a high school diploma or GED certificate whose academic performance and/or personal behavior demonstrates that he or she is uninvolved, unmotivated, and/or disaffected. This includes a student who meets at least one of the following criteria:

 

Has been retained in grade at least once during the most recent four school years or has accumulated insufficient credits toward graduation.

 

Demonstrates a reading or math proficiency level one grade or more below the current grade placement level based on assessment results.

 

Lacks a demonstrated proficiency in the English language as measured by a standardized test.

 

Has been determined by the school district to have a behavior disorder or a learning disability.

 

Is pregnant or a parent.

 

Has been on academic probation at any time during the prior 12 months.

 

Is a truant or is excessively absent as determined by an authorized school official.

 

Has been suspended from school five or more days during the previous or current school year.

 

Has been expelled from school during the previous or current school year.

 

Has been identified as drug or alcohol dependent by a medical authority or authorized school staff.

 

Is a member of a family which meets the definition of Long Term AFDC Recipient.

 

Is a member of a single parent household.

 

"Barriers to Employment" – Characteristics that may hinder an individual's hiring, promotion, or participation in the labor force.  Some examples of individuals who may face barriers to employment include:  single parents, women, displaced homemakers, youth, welfare recipients, older workers, addicts, alcoholics, teenage parents, veterans, racial minorities, dislocated workers, and those with limited English speaking ability or a criminal record or with a lack of education, work experience, credentials, child care arrangements, or transportation.

 

"Basic Education Skills" – A PIC-Recognized Youth Employment Competency skill area which includes reading comprehension, math computation, writing, speaking, listening, problem solving, reasoning, and the capacity to use these skills in the workplace.

 

"Chief Elected Official" – The highest elected official(s) of the unit or units of general purpose local government of which the Service Delivery Area (SDA) is configured (e.g., County Board Chairperson in multi-county SDAs or mayors in SDAs made up of a single city or a consortia of cities.) In addition, the highest elected official of any unit of local government which was a prime sponsor under Comprehensive Employment and Training Act (CETA) during Federal fiscal year 1983 (29 U.S.C. 801) is a chief elected official.

 

"Citizenship" – Designation of an applicant as a citizen or "eligible noncitizen" whose status permits permanent employment in the United States. (For JTPA recordkeeping purposes, "eligible noncitizen" includes nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.)

 

"Continued Unsubsidized Employment" – A participant who was employed at the time of enrollment in JTPA and maintained that employment throughout program participation and termination.

 

"Department" – The Illinois Department of Commerce and Community Affairs.

 

"Discretionary Fund" – Funds reserved under Section 322(a)(3) of the Act for distribution at the Secretary of Labor's discretion to serve workers affected by multi-State or industry-wide dislocations and to areas of special need in a manner that efficiently targets resources to areas of most need, encourages a rapid response to economic dislocations, and promotes the effective use of funds.

 

"Dislocated Worker" – An individual who meets the eligibility requirements specified in 56 Ill. Adm. Code 2625.55 or Section 301(a) of the Act.

 

"Dislocated Worker Unit" – The identifiable unit within the Department which will be given the responsibility and capability to respond rapidly, on site, to permanent closures and substantial layoffs throughout the State and to provide the services described in Section 311(b)(3) of the Act.

 

"Displaced Homemaker" – A person who

 

has worked in the home for a substantial number of years providing unpaid household services for family members;

 

has difficulty in securing employment; and

 

was dependent on the income of another family member but is no longer supported by such income, or

 

was dependent on federal assistance but is no longer eligible for such assistance.

 

"Documented Job Search Criterion" – One month job search demonstrated by current registration with the Illinois Job Service.

 

"Early Readjustment Assistance" – Assistance given to a Title III participant at the time of or soon after a layoff event which provides necessary early intervention services (testing, assessment, orientation, etc.).

 

"Economically Disadvantaged" – An individual who

 

receives, or is a member of a family which receives, cash welfare payments under a Federal, State, or local welfare program;

 

has, or is a member of a family which has, received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of

 

the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or

 

70 percent of the lower living standard income level;

 

is included in a Public Aid Food Stamp Assistance Unit (see 89 Ill. Adm. Code 121.70);

 

is a foster child on behalf of whom State or local government payments are made; or

 

is a homeless individual.

 

"Education Status" –

 

School Dropout – An adult or youth (aged 14-21) who is not attending school full-time and has not received a high school diploma or a General Education Diploma (GED) certificate.

 

Student (High School or Less) – An adult or youth (aged 14-21) who has not received a high school diploma or GED certificate and is enrolled full-time in an elementary, secondary or post-secondary level vocational, technical, or academic school, or is between school terms and intends to return to school.

 

High School Graduate or Equivalent (No Post-High School) – An adult or youth (aged 14-21) who has received a high school diploma or GED certificate, but who has not attended any post-secondary vocational, technical, or academic school.

 

Post-High School Attendee – An adult or youth (aged 14-21) who has received a high school diploma or GED certificate and has attended (or is attending) any post-secondary level vocational, technical, or academic school.

 

"Eligible State" – As part of the Title III reallocation process, as specified in Section 303 of the Act, an eligible State is one which has expended at least 80 percent of its allotment for the program year prior to the program year for which the determination is made.

 

"Emancipated Youth" – An emancipated youth is a minor released from the control and supervision of his/her parent(s) or guardian(s) according to the provisions of the Emancipation of Mature Minors Act (Ill. Rev. Stat. 1991, ch. 40, pars. 2201 et seq.) [750 ILCS 30].

 

"Employer Outreach" – Activities involving contacts with potential employers of JTPA participants for the purpose of acquiring current employment opportunities, listings and commitments.  These activities include:  promoting JTPA services with local employers, job fairs, local business conferences and seminars, and similar activities and events which are necessary and are designed with the clear intent to obtain job listings and openings or current job training opportunities.

 

"Entered Unsubsidized Employment" – The category for participants who, at termination from the program, entered (through the efforts of the grantee/subgrantee or through their own efforts) full- or part-time unsubsidized employment.  Unsubsidized employment means employment not financed from funds provided under the Act and includes for JTPA reporting purposes, entry into the Armed Forces, entry into employment in a registered apprenticeship program, and terminees who became self-employed, were recalled or continued unsubsidized employment.

 

"Entrepreneurial Training" – Training given to Title III participants which will impart the skills necessary to obtain unsubsidized employment through self-employment.

 

"Equitable Services" –

 

Services to substantial segments (race, sex, age, national origin) and to Work Incentive (WIN) registrants and school dropouts shall be equitable. Serving those segments and status groups (i.e., WIN registrants and school dropouts) at a level equal to their incidence in the eligible population, aged 16-64, as defined by the state, shall be considered equitable. Serving those segments at a level greater or lesser than that incidence shall be considered equitable if the Service Delivery Area (SDA)

 

targets services to specific groups and meets requirements of Section 141 of the Act, and

 

provides justification for that targeting to those groups with greater need.

 

If, as a result of targeting or requirements of the Act, any substantial segment is served at a rate greater than its proportion within the eligible population, remaining substantial segments should be served proportionately.

 

"Excess Property" – Property under the control of any Federal or state agency which, as determined by the head thereof, is no longer required for its needs or discharge of its responsibilities.

 

"Expendable Personal Property" – All tangible personal property other than nonexpendable property.

 

"Family" – One or more persons living in a single residence who are related to each other by blood, marriage, or adoption.  A step-child or a step-parent shall be considered to be related by marriage.  Also, regardless of residence and/or citizenship, anyone claimed as a dependent on another person's Federal Income Tax return for the previous year shall be presumed to be part of the person's family for the current year.  To negate this assumption, the person who was claimed as a dependent for income tax purposes would be required to provide information that demonstrates the individual is no longer financially dependent.  Examples of information that may be provided would be a change in living arrangements or financial resources that would enable the person to become non-dependent.  Regardless of living arrangements or tax dependency status, the following persons shall be considered a family of one when such consideration would result in the individual being determined eligible for program participation:

 

any person who is 55 years of age or older;

 

a handicapped person; or

 

an individual 18 years of age or older who receives less than 50 percent of his/her maintenance from the family, and also is not the head nor the spouse of the head of the household.

 

"Family Income" – All income from all sources actually received by all members of the family for the six month period prior to eligibility.

 

Family income shall INCLUDE:

 

Gross wages and salary (before deductions), except wages paid for work experience under the Act, but including wages and salary received for on-the-job training;

 

Net self-employment income (gross receipts minus operating expenses);

 

Other money income received from sources such as net rents, pensions, alimony, periodic income from insurance policy annuities, and other sources of income.

 

Family income shall NOT INCLUDE:

 

Old Age and Survivors Insurance benefits received under Title II of the Social Security Act of 1978 (42 U.S.C. 402 (1983));

 

Non-cash income such as food stamps, or compensation received in the form of food or housing;

 

Imputed value of owner-occupied property, i.e., rental value;

 

Gifts;

 

Public assistance (e.g., Aid to Families with Dependent Children (AFDC) under Title IV of the Social Security Act (SSA) (42 U.S.C. 401 (1983)), General Assistance (State or local government), Refugee Act of 1980 (8 U.S.C. 1521-1525 (1983)), or Supplementary Social Security Income (SSI) under Title XVI of the SSA (42 U.S.C. 1601-1602 (1983));

 

Cash payments received pursuant to a State plan approved under Titles I, IV, IX, XVI and XX of the Social Security Act of 1978 (42 U.S.C. 1, 201(a), 401, 402, 1001, 1002, 1601, 1602, 2001, 2002 (1983)) or disability insurance payments received under Title II of the Social Security Act of 1978 (42 U.S.C. 201 (1983));

 

Federal, State or Local Unemployment benefits;

 

Payments made to participants in employment and training programs, except wages paid for on-the-job training (OJT) (e.g., the JTPA (29 U.S.C. 1501, December 31, 1982) and Title V of the Older Americans Act of 1965 (42 U.S.C. 3001, December 29, 1981));

 

Capital gains and losses;

 

Fixed term, unearned income, such as but not limited to;

 

Payments received for a limited fixed term under income maintenance programs and supplemental (private) unemployment benefits plans;

 

One-time or fixed-term scholarship and fellowship grants;

 

Accident, health, and casualty insurance proceeds;

 

Disability and death payments, including fixed term (but not lifetime) life insurance annuities and death benefits;

 

Inheritance, including fixed term annuities;

 

Fixed term workers' compensation awards;

 

Terminal leave pay;

 

Soil bank payments;

 

Agriculture crop stabilization payments;

 

Pay or allowances which were received by any veteran while serving on active duty in the Armed Forces;

 

Educational assistance and compensation payments to veterans and other eligible persons under Chapters 11, 13, 31, 34, 35, and 36 of Title 38 (Veterans' Benefits) of the U.S.C. (38 U.S.C. 301, 401, 1501, 1650, 1700, 1770);

 

Payments received under the Trade Readjustment Act of 1974 (19 U.S.C. 2291, January 3, 1975);

 

Black Lung payments received under the Benefits Reform Act of 1977 (30 U.S.C. 901, December 29, 1981); and

 

Child support payments.

 

"Farm" – A farm is identified on the basis of sales alone and is defined as any place which produced agricultural products with annual sales of $1,000 or more.

 

"Follow-Up" – The collection of information on a terminee's employment situation thirteen (13) weeks after termination from the program.

 

"Food Stamp Recipient" – An individual who is included in a Public Aid Food Stamp Assistance Unit (see 89 Ill. Adm. Code 121.70).

 

"Grant Recipient" – SDA grant recipient.

 

"Grantor" – The Department of Commerce and Community Affairs.

 

"Handicapped Individual" – Any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment.

 

"High Unemployment SDA" – As part of the Title III reallocation process, an SDA which is among those SDAs which have unemployment rates greater than the statewide average unemployment for the most recent 12 months for which data are available from the Illinois Department of Employment Security.

 

"Homeless Individual" – A homeless person is an individual who lacks a fixed, regular or adequate nighttime residence or whose primary nighttime residence is:

 

a supervised publicly or privately operated shelter designed to provide temporary living accommodations,

 

an institution that provides a temporary residence for individuals intended to be institutionalized, or

 

a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

 

"Illinois Job Training Coordinating Council" – The advisory body appointed by the Governor to make recommendations on issues related to employment and training in the State.  The council shall be comprised of membership consistent with Section 122(a)(3) of the Act (as amended by P.L. 100-418) and shall perform those functions delineated in Sections 122(b) and 317 of the Act and the Illinois Job Training Coordinating Council Act (Ill. Rev. Stat. 1991, ch. 48, pars. 2101 et seq.) [20 ILCS 3975].

 

"Inactive Status Period" – The time period between last receipt of employment and/or training funded under a given title and the actual date of termination from the title.

 

"Income Maintenance" – Any program providing financial assistance to persons in financial need.

 

"Individual Readjustment Plan" – An individualized plan for the Title III participant which assesses during intake, participant skills and needs. This plan then develops a readjustment strategy, detailing those basic readjustment services necessary to allow the participant to either begin training or obtain employment.

 

"Ineligible" – A participant who, subsequent to enrollment, was found to not meet eligibility requirements for participation in the JTPA title in which he or she was enrolled.

 

"Intake" – Includes the screening of an applicant for eligibility to determine:

 

whether the program can benefit the individual (e.g., whether the applicant's educational and vocational needs can be met through the program);

 

the employment and training activities and services which would be appropriate for that individual;

 

availability of an appropriate employment and training activity;

 

a decision on selection for participation in accordance with 56 Ill. Adm. Code 2610.80; and

 

dissemination of information on the program (see 56 Ill. Adm. Code 2610.130(c)).

 

"JOBS Program Participant" – Any individual (AFDC client) who is a participant (or has been a participant within the prior six months) in assessment or employability planning or is assigned to one of the JOBS Program components defined in the approved State JOBS Program Plan, including self-initiating activities, at the time of eligibility determination for JTPA Title II-A.

 

"Job Specific Skills" – A PIC-Recognized Youth Employment Competency skill area which includes primary and secondary job-specific skills. Primary job-specific skills encompass the proficiency to perform actual tasks and technical functions required by certain occupational fields at entry, intermediate or advanced levels.  Secondary job-specific skills entail familiarity with and the use of set-up procedures, safety measures, work-related terminology, recordkeeping and paperwork formats, tools, equipment and materials, and breakdown and clean-up routines.

 

"Job Training Plan" – A two year program plan for the SDA prepared in accordance with Section 104 of the Act and the Department's rules.  (See 56 Ill. Adm. Code 2610)

 

"Joint Costs" – Joint costs means a cost which benefits more than one cost objective.

 

"Labor Force Status" –

 

Employed –

 

An individual who, during the 7 consecutive days prior to application to a JTPA program, did any work at all:

 

as a paid employee;

 

in his or her own business, profession or farm, or

 

worked 15 hours or more as an unpaid worker in an enterprise operated by a member of the family; and

 

An individual who was not working, but has a job or business from which he or she was temporarily absent because of illness, bad weather, vacation, labor-management dispute, or personal reasons, whether or not paid by the employer for time off, and whether or not seeking another job. (This term includes members of the Armed Forces on active duty, who have not been discharged or separated, participants in registered apprenticeship programs, and self-employed individuals.)

 

Unemployed – An individual who did not work during the 7 consecutive days prior to application for a JTPA program, who made specific efforts to find a job within the past 4 weeks prior to application, and who was available for work during the 7 consecutive days prior to application (except for temporary illness).

 

Not in Labor Force – A civilian 14 years of age or over who did not work during the 7 consecutive days prior to application for a JTPA program and is not classified as employed or unemployed.

 

Employed Part-Time – An individual who is regularly scheduled for work less than 30 hours per week.

 

Unemployed 15 or More Weeks of Prior 26 Weeks – An individual who is unemployed at the time of application and has been unemployed for 15 or more weeks of the 26 weeks immediately prior to application, has made specific efforts to find a job throughout the period of unemployment, and is not classified as "Not in Labor Force".

 

"Labor-Management Committees" – Committees voluntarily established to respond to actual or prospective worker dislocation, which ordinarily include (but are not limited to) the following:

 

shared and equal participation by workers and management;

 

shared financial participation between the company and the SDA, using funds provided under Title III of the Act, in paying for the operating expenses of the committee; a chairperson, to oversee and guide the activities of the committee, who shall be jointly selected by the labor and management members of the committee, who is not employed by or under contract with labor or management at the site, and who shall provide advice and leadership to the committee and prepare a report on its activities;

 

the ability to respond flexibly to the needs of affected workers by devising and implementing a strategy for assessing the employment and training needs of each dislocated worker and for obtaining the services and assistance necessary to meet those needs;

 

a formal agreement, terminable at will by the workers or the company management, and terminable for cause by the Governor (e.g., violations of the Act, fraud, termination of funding); and

 

local job identification activities (e.g., approaching supplier firms to hire dislocated workers or hosting events to bring together local employers to interview dislocated workers) by the chairman and members of the committee on behalf of the affected workers.

 

"Limited English Language Proficiency" – Inability of an applicant, whose native language is not English, to communicate in English, resulting in a job handicap.

 

"Local Elected Official" – Includes all county and municipal officers (and their designees) such as county board members, mayors, and city or village council members.

 

"Lower Living Standard Income Level" – That income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent "lower living family budget" issued by the Secretary.

 

"Major Plant Closing" – When plant closing employs over 100 persons.

 

"Mass Layoff" – When over 100 persons are on layoff from a plant.

 

"Mathematics Grade Level" – The grade level results for an adult or youth on mathematics skills as assessed on a generally accepted standardized test (e.g., Test of Adult Basic Education (TABE), Wide Range Achievement Test (WRAT)).

 

"Minimal Work History" – An adult or youth who did not work for the same employer for longer than three consecutive months in the two years prior to JTPA eligibility determination.

 

"Monetary Eligibility" – A claimant's eligibility for a weekly benefit amount of unemployment insurance and the amount of dependency allowance, if any, based on the amount of qualifying wages paid.

 

"Months received AFDC (last 30 months)" – the number of months an adult or youth (or the family of an adult or youth) received cash payments under AFDC (SSA Title IV) during any of the 30 months prior to eligibility determination.

 

"Multiple Barriers to Employment" – Any adult or youth who has three or more of the following barriers to employment:

 

school dropout,

 

limited English language proficiency,

 

handicapped/disabled,

 

offender,

 

reading skills below the 7^th grade level,

 

math skills below the 7^th grade level,

 

long-term AFDC recipient,

 

lacks significant work history,

 

homeless,

 

JOBS Program participant,

 

substance abuse,

 

pregnant/parenting teen.

 

"Nonexpendable Personal Property" – Tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit.

 

"Offender" – An adult or youth who requires assistance in overcoming barriers to employment resulting from a record of arrest or conviction (excluding misdemeanors).

 

"Older Individual" – An individual who is 55 years of age or older.

 

"Older Worker" – An individual who is 55 years of age or older.

 

"Other Termination" – The termination of a participant who left the grantee's/subgrantee's program for a positive or non-positive reason other than to enter unsubsidized employment, or for youth a reason specified in the definition of "Youth Employability Enhancement Termination".

 

"Out-of-Area Job Search" – Assistance provided to a participant for expenses that occur as a result of seeking unsubsidized employment in an area outside a reasonable commuting distance from the participant's residence.  Reasonable, for the purposes of this definition, will be defined by the local Private Industry Council.  Services must be provided near the end of, or within 90 days after the completion of other retraining services.

 

"Outreach" – An activity which involves the collection, publication, and dissemination of information on program services directed toward economically disadvantaged and other individuals eligible to receive JTPA training and support services.

 

"Participant" – An individual who:

 

has been determined eligible for participation upon intake and

 

has started receiving employment, training, or services (except post-termination services) funded under the Act, following intake. Individuals who receive only outreach and/or intake and assessment services or post-program follow-up are excluded.

 

"Participant Carried Over" – A participant for whom there was an active participant record on file at the end of the previous program year.

 

"Part-Time Student" – An adult or youth who has not received a high school diploma or GED certificate but is enrolled in a secondary school or an institution offering a certified high school equivalency program on a less than full-time schedule.

 

"Personal Property" – Personal property of any kind except real property.  It may be tangible – having physical existence, or intangible – having no physical existence, such as patents, inventions, and copyrights.

 

"PIC" – Private Industry Council.

 

"PIC Membership Selection Agreement" – An agreement negotiated pursuant to Section 102(d)(2) of the Act and Section 2600.40(e)(1) of this Part between chief elected officials within the SDA which specifies how members of the PIC shall be selected.

 

"Post Termination Services" – Supportive services available to individuals who terminate as, "entered employment," which are determined necessary to assist such individuals in retaining employment.  These services may be provided for no more than 6 months following completion of training.

 

"Poverty Level" – The annual income level at, or below, which families are considered to live in poverty, as annually determined by the Department of Health and Human Services.

 

"Pre-Employment Skills and Work Maturity Skills" – A PIC-Recognized Youth Employment Competency skill area which includes both pre-employment skills and work maturity skills.  Pre-employment skills include world of work awareness, labor market knowledge, occupational information, values clarification and personal understanding, career planning, decision making, and job search techniques (e.g., resumes, interviews, applications, and follow-up letters).  They also encompass survival/daily living skills such as using the telephone, telling time, shopping, making change, renting an apartment, opening a bank account and using public transportation.  Work Maturity skills include positive work habits, attitudes, and behavior such as punctuality, regular attendance, presenting a neat appearance, getting along and working well with others, exhibiting good conduct, following instructions and completing tasks, accepting constructive criticism from supervisors and co-workers, showing initiative and reliability, and assuming the responsibilities involved in maintaining a job.  This category also entails developing motivation and adaptability, obtaining effective interpersonal relations, coping and problem-solving skills, and acquiring an improved self image.  Individuals should demonstrate proficiency in each of the following 11 core competencies.  In order for an attainment to be reported in the area of pre-employment/work maturity, at least one PIC-certified competency statement must be developed/quantified in each of the following 11 core competencies – provided that at least 5 of these learning objectives were achieved during program intervention:

 

making career decisions;

 

using labor market information;

 

preparing resumes;

 

filling out applications;

 

interviewing;

 

being consistently punctual;

 

maintaining regular attendance;

 

demonstrating positive attitudes/behavior;

 

presenting appropriate appearance;

 

exhibiting good interpersonal relations; and

 

completing tasks effectively.

 

"Pregnant/Parenting Teen" – Any individual, under twenty years of age, who is the parent or guardian of one or more children or any female, under twenty years of age, who is pregnant.

 

"Pre-layoff Services" – Readjustment assistance (as defined in Section 314(c) of the Act) given to a Title III participant, after the announcement of a layoff and before that layoff becomes effective.

 

"Previous Occupation SOC Codes" – The Standard Occupational Classification (SOC) codes associated with the client's previous employment.

 

"Private Industry Council" – The Council established pursuant to Section 102 of the Job Training Partnership Act (29 U.S.C. 1512, December 31, 1982).  The Council will be comprised of membership consistent with Section 102(a) of the Act and will perform those functions delineated in Section 103(a) of the Act.

 

"Program Dropout" – A participant who, after enrollment, does not participate in the training and/or service activity(ies) in which he or she was enrolled sufficiently to benefit from the program.

 

"Program Year" (PY) – The months of July through June.

 

"Public Assistance" – Federal, State, or local government cash payments for which eligibility is determined by a need or income test. NOTE:  This term is used for eligibility determination and includes the three groups included in "welfare recipient", plus recipients of Supplemental Security Income (SSI), but is not limited to these assistance programs.

 

"Race/Ethnic Group" – The basic racial and ethnic categories for use in all Federally funded programs are defined by the Office of Management and Budget as follows:

 

White, Not Hispanic – A person having origins in any of the original peoples of Europe, North Africa, or the Middle East.

 

Black, Not Hispanic – A person having origins in any of the black racial groups of Africa.

 

Hispanic – A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.

 

American Indian or Alaskan Native – A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or community recognition.

 

Asian or Pacific Islander – A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.  This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa.  (Hawaiian Natives are included herein.)

 

"Reading Grade Level" – The English reading skills grade level for an adult or youth on a generally accepted standardized test (e.g., Test of Adult Basic Education (TABE), Wide Range Achievement Test (WRAT), Job Corps Reading Test).

 

"Real Property" – Land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.

 

"Recalled" – A client who, after enrollment in a JTPA program, returns to a firm from which he or she was laid off.

 

"Recipient" – The governor of the State of Illinois.

 

"Referral" – The act of bringing to the attention of an employer, a local office, a training sponsor, or a supportive service agency, an individual (or group of individuals) who needs a job, training, or related supportive services.

 

"Registered Apprenticeship Program" – A formal written occupational training program which combines on-the-job training and related instruction and in which workers learn the practical and conceptual skills required for a skilled occupation, craft, or trade.  Apprenticeship programs must meet 22 criteria specified in 29 CFR 29.5 (as revised July 1, 1989, with no later amendments or editions) to be registered by the Secretary of Labor or designated state representative.  Apprentices who complete the program are awarded a certificate of completion by the Bureau of Apprenticeship and Training and/or the state Apprenticeship Council in those states certified as meeting federal requirements.

 

"Relocation" – Assistance provided to a participant for all or part of the expenses resulting from a participant and his or her family moving to a labor market within which the participant does not currently reside. Criteria for receiving funds under this category include but are not limited to:

 

a determination is made that the participant cannot secure suitable employment within the labor market;

 

documentation that the participant has obtained a bonafide employment offer; and

 

the occupation is related to vocational retraining received as a result of the program.

 

"Relocation Assistance" – The activities necessary to arrange for a family to move to a new abode for the purpose of accepting long-duration employment.  Activities may include, but are not limited to:  the cost of the actual transfer of goods and property, including mileage for the family's travel; emergency assistance; rent subsidies; and other supportive services.

 

"Residence" – An individual's principal dwelling or home.

 

"Satisfactory Progress in School – A Service Delivery Area, in cooperation with the local school system, must develop a written policy which defines an individual standard of progress that each participant is required to meet.  Such a standard should, at a minimum, include both a qualitative element of a participant's progress (e.g., performance on a criterion referenced test or a grade point average) and a quantitative element (e.g., a time limit for completion of the program or course of study).  This policy may provide for exceptional situations in which students who do not meet the standard of progress are nonetheless making satisfactory progress during a probationary period because of mitigating circumstances.

 

"SDA Grant Recipient" – The entity that receives JTPA funds for a service delivery area (SDA).  SDA grant recipients are particular types of subrecipients.

 

"Secretary" – The Secretary of the United States Department of Labor.

 

"Selective Service Registrant" – Any individual who must register, as required by Section 3 of the Military Selective Service Act (50 U.S.C. App. 453 (1982)).

 

"Service Delivery Area" (SDA) – An area comprised of one or more units of general local government designated by the Governor to promote effective delivery of job training services under JTPA in accordance with Section 101 of the Act.

 

"Single Head of Household with Dependent Children" – A single, abandoned, separated, divorced or widowed individual who has responsibility for one or more dependent children under age 18.

 

"State" – The State of Illinois.

 

"State Plan" – The biennial plan for Title III activities in the State prepared by the Governor in accordance with Section 311 of the Act and 20 CFR 631.36 (as revised April 1, 1990, with no later amendments or editions).

 

"State Reserve Fund" – That portion of the State's funds, allotted in accordance with Section 302(b) of P.L. 97-300 (as amended by P. L. 100-418), reserved to the Governor under Section 302(c)(1) for the uses described in that section.

 

"Subgrantee" – A subrecipient.

 

"Subrecipient" – The legal entity to which a subgrant is awarded and which is accountable to the recipient (or higher tier subrecipient) for the use of the funds provided.  For JTPA purposes, distinguishing characteristics of a subrecipient include items such as determining eligibility of applicants, enrollment of participants, performance measured against meeting the objectives of the program, responsibility for programmatic decisionmaking, responsibility for compliance with program requirements, and use of the funds awarded to carry out a JTPA program or project, as compared to providing goods or services for  a JTPA program or project (vendor).  Depending on local circumstances, the PIC, local elected official, or administrative entity may be a subrecipient.  SDA grant recipients and JTPA Title III substate grantees are particular types of subrecipients.

 

"Subsidized Employment" – Employment created in the public sector and in private for profit or nonprofit organizations which is financed by the recipient's program funds.  Subsidized employment includes work experience.  (On-the-Job Training (OJT) is a reportable training activity, rather than subsidized employment.)

 

"Substance Abuser" – An adult or youth determined to be drug or alcohol dependent as determined by a medical authority or authorized school staff (e.g., guidance counselor, principal, school nurse).

 

"Substantial Layoff" – Any reduction in force which is not the result of a plant closing and which results in an employment loss at a single site of employment during any 30-day period for:

 

At least 33 percent of the employees (excluding employees regularly working less than 20 hours per week); and

 

At least 50 employees (excluding employees regularly working less than 20 hours per week); or at least 500 employees excluding employees regularly working less than 20 hours per week).

 

"Substate Area" (SSA) – An area comprised of one or more existing Service Delivery Areas, designated by the Governor to promote the effective delivery of services to dislocated workers in accordance with Section 312(a) of the Act.

 

"Substate Grantee" – The entity which is designated, in accordance with the procedures described in Section 312(b) of the Act, as having the responsibility for providing the services described in Section 314(c), (d), and (e) of the Act pursuant to an agreement with the Governor and in accordance with the State plan and the substate plan.

 

"Substate Plan" – A Title III program plan for the substate areas prepared in accordance with Section 313 of the Act, the State plan, and such instructions as the Department issues in complying with 20 CFR 631.50 (revised as of April 1, 1990, with no later amendments or editions).

 

"Summer Months" – The months of May through September.

 

"Terminal Leave Pay" – Severance pay or payment received in lieu of accrued benefits when an individual terminates employment.

 

"Termination" – The separation of a participant from a given title of the Act who is no longer receiving employment, training or services (except post-termination services) funded under that title.

NOTE:  Individuals may continue to be considered as participants for a period of 90 days after last receipt of employment or training funded under a given title.

 

"UC Claimant" – Any individual who has filed a claim and has been determined monetarily eligible for benefit payments under one or more State or Federal unemployment compensation (UC) programs, and who has not exhausted benefit rights or whose benefit year has not ended.

 

"UC Exhaustee" – Any individual who has exhausted his unemployment compensation benefits (not including Extended, Additional State, or Federal Supplemental Benefits) for which he has been determined monetarily eligible.

 

"Unsubsidized Employment" – Employment not financed from funds provided under the Act.

 

"Upgrading Training" – Training given to an individual who needs such training to advance above an entry-level or dead-end employment position.

 

"Vendor" – An entity responsible for providing generally required goods or services to be used in the JTPA program.  These goods or services may be for the recipient's or subrecipient's own use or for the use of participants in the program. Distinguishing characteristics of a vendor include items such as:

 

providing the goods and services within normal business operations;

 

providing similar goods and services to many different purchasers, including purchaser outside the JTPA program; and

 

operating in a competitive environment.

 

A vendor is not a subrecipient and does not exhibit the distinguishing characteristics attributable to a subrecipient as defined above.  Any entity directly involved in the delivery of program services not available to the general public, with the exception of an employer providing on-the-job-training, shall be considered a subrecipient rather than a vendor.

 

"Veteran" – A person who served on active duty in the military, naval, or air service (of the United States) for a period of more than 180 days and who was discharged or released therefrom with other than a dishonorable discharge or was discharged or released from active duty because of a service-connected disability.

NOTE:  The term "active" means full-time duty in the Armed Forces, other than duty for training in the reserves or National Guard.  Any period of duty for training in the reserves or National Guard, including authorized travel, during which an individual was disabled from a disease or injury incurred or aggravated in the line of duty, is considered "active" duty.

 

Recently Separated Veteran – Any veteran who applies for participation under any title of the Act within 48 months of the discharge or release from active military, naval, or air service.

 

Disabled Veteran – A veteran

 

who is entitled to compensation under laws administered by the Veterans' Administration, or

 

an individual who was discharged or released from active duty because of a service-connected disability.

 

Vietnam-Era Veteran – A veteran any part of whose active military, naval, or air service occurred between August 5, 1964 through May 7, 1975.

 

"Vocational Exploration Program (VEP)" – A program for the purpose of exposing individuals to the operation and types of jobs available in the private sector through observation of such jobs and instruction including, where appropriate, limited practical experience.

 

"Welfare Recipient" – An individual who receives or whose family receives cash payments under Aid to Families with Dependent Children (AFDC) (Social Security Act (SSA) Title IV) (42 U.S.C. 401 (1983)), General Assistance (State or local government), or the Refugee Act of 1980 (8 U.S.C. 1521-1525 (1983)).  (For proposed performance standards purposes, this term excludes recipients of Supplementary Security Income (SSI) Title XVI of the Social Security Act (42 U.S.C. 1601, 1602 (1983)).

 

"Work Experience" – A short-term or part-time work assignment with a public or private nonprofit employing agency for a participant who needs assistance in becoming accustomed to basic work requirements.  It is prohibited in the private-for-profit sector except for limited internships and entry employment experience programs, as provided in Section 264(c)(1)(F) and (H).

 

Work experience is designed to promote the development of good work habits and basic work skills for individuals who have never worked or who have been out of the labor force for an extended period of time including, but not limited to:

 

students;

 

summer youth;

 

school dropouts;

 

individuals with disabilities; and

 

older workers.

 

Participation in work experience shall be for a reasonable length of time, based on the needs of the participant, which shall be documented in the participant's ISS.   Generally, work experience for adults may not exceed the later of 6 months or 499 hours if working part-time.  The ISS shall include a justification in each case where work experience is authorized in excess of these limits for adults.

 

Work experience conducted under Titles II-A and II-C shall be accompanied, either concurrently or sequentially, by other services designed to increase the basic education and/or occupational skills of the participant, as documented in the ISS.

 

Work experience is not an allowable activity under Title III of the Act.

 

"Youth" – An individual who is aged 16 through 21.  (Individuals aged 14 and 15 may participate in a "preemployment skills training program" for youth.)

 

"Youth Competency System" – A sufficiently developed youth employment competency system must include the following structural and procedural elements:

 

Quantifiable Learning Objectives – PIC-recognized competency statements that are quantifiable, employment-related, measurable, verifiable learning objectives that specify the proficiency to be achieved as a result of program participation.  Employment competencies/quantifiable learning objectives approved by the PIC as relevant to the SDA must include a description of the skills/knowledge/attitudes/behavior to be taught, the levels of achievement to be attained, and the means of measurement to be used to demonstrate competency accomplishment.  The level of achievement selected should enhance the youth's employability and opportunities for postprogram employment.

 

Related Curricula, Training Modules, and Approaches – Focused curricula, training modules, or behavior modification approaches which teach the employment competencies in which youth are found to be deficient. Such related activities, components, or courses must encompass participant orientation, work-site supervisor/instructor/community volunteer training, and staff development endeavors as appropriate.  They also must include, as appropriate, relevant agreements, manuals, implementation packages, instructions, and guidelines. A minimum duration of training must be specified which allows sufficient time for a youth to achieve those skills necessary to attain his/her learning objectives.

 

Pre-Assessment – Assessment of participant employment competency needs at the start of the program to determine if a youth requires assistance and is capable of benefitting from available services.  A minimum level of need must be established before a participant is eligible to be tracked as a potential "attained PIC-recognized youth employment competency" outcome. All assessment techniques must be objective, unbiased and conform to widely accepted measurement criteria.  Measurement methods used must contain clearly defined criteria, be field tested for utility, consistency, and accuracy, and provide for the training/preparation of all raters/scorers.

 

Post-Assessment (Evaluation) – Evaluation of participant achievement at the end of the program to determine if competency-based learning gains took place during project enrollment.  Intermediate checking to track progress is encouraged.  All evaluation techniques must be objective, unbiased and conform to widely accepted evaluation criteria.  Measurement methods used must contain clearly defined criteria, be field tested for utility, consistency, and accuracy, and provide for the training/preparation of all raters/scorers.

 

Employability Development Planning – Use of assessment results in assigning a youth to appropriate learning activities/sites in the proper sequence to promote participant growth and development, remedy identified deficiencies, and build upon strengths.

 

Documentation – Maintenance of participant records and necessary reporting of competency-based outcomes to document intra-program learning gains achieved by youth.

 

Certification – Proof of youth employment competency attainment in the form of a certificate for participants who achieve predetermined levels of proficiency to use as evidence of this accomplishment and to assist them in entering the labor market.

 

"Youth Employability Enhancement Termination" – An outcome for youth, other than entered unsubsidized employment, which is recognized as enhancing long-term employability and contributing to the potential for long-term increase in earnings and employment. Outcomes which meet this requirement shall be restricted to the following:

 

Attained (two or more) PIC-Recognized Youth Employment Competencies – Demonstrated proficiency as defined by the PIC in two or more of the following three skill areas in which the client was deficient at enrollment:  Pre-employment/Work Maturity; Basic Education; or Job-specific Skills.  Competency gains must be achieved through program participation and tracked through sufficiently developed systems that must include:  quantifiable learning objectives, related curricula/training modules, pre- and post assessment, employability planning, documentation and certification.

 

Returned to Full-Time School – The total number of youth who,

 

had returned to full-time secondary school (e.g., junior high school, middle school and high school), including alternative school, if, at the time of intake the participant was not attending school, exclusive of summer, and had not obtained a high school diploma or equivalent and

 

prior to termination had been retained in school for one semester or at least 120 calendar days.

NOTE: Alternative School – A specialized, structured curriculum offered inside or outside of the public school system which may provide work/study and/or GED preparation.

 

Remained in School – The total number of youth who, prior to termination, had been retained in full-time secondary school, including alternative school, for one semester or at least 120 calendar days.  A youth may be terminated with this enhancement only if he/she was attending school at the time of intake, had not received a high school diploma or equivalent, and was considered "at risk of dropping out of school", as defined by the Governor in this Section in consultation with the Illinois State Board of Education.

NOTE:  To obtain credit for Returned to Full-Time School or Remained in School, SDAs must be prepared to demonstrate that retention results from continuing participation in JTPA activities and the youth must be making satisfactory progress in school, and for youth aged 16-21:  attain a PIC-approved Youth Employment Competency in Basic Skills or Job Specific Skills and for individuals aged 14-15:  attained a PIC-approved Youth Employment Competency in Pre-employment/Work Maturity or Basic Skills.

 

Completed Major Level of Education – The total number of adults/youths who, prior to termination, had completed, during enrollment, a level of educational achievement which had not been reached at entry.  Levels of educational achievement are secondary and post secondary.  Completion standards:

 

shall be governed by state standard; and

 

shall include a high school diploma, GED certificate or equivalent at the secondary level; and

 

shall require a diploma or other written certification of completion at the post-secondary level.

NOTE:  To obtain credit, completion of a major level of education must result primarily from JTPA program participation of at least 90 calendar days or 200 hours.

 

Entered Non-Title II Training – The total number of adults/youth who, prior to termination, had entered an occupational-skills employment/training program, not funded under Title II of the JTPA, which builds upon and does not duplicate training received under Title II.

NOTE:  To obtain credit, the participant must have been retained in that program for at least 90 calendar days or 200 hours or must have received a certification of occupational skill attainment.  During the period the participant is in non-Title II training, he/she may or may not have received JTPA services.

 

(Source:  Amended at 18 Ill. Reg. 9902, effective June 17, 1994)

 

Section 2600.30  Illinois Job Training Coordinating Council

 

The State Job Training Coordinating Council shall be established pursuant to Section 122 of the Act and the Illinois Job Training Coordinating Council Act (Ill. Rev. Stat. 1987 and 1988 Supp., ch. 48, pars. 2101 et seq.).

 

a)         Appointments to the State Council – Nominations for appointments and reappointments shall be solicited by the Department from local Private Industry Councils, chief elected officials, the current chairman of the Illinois Job Training Coordinating Council, State agencies, and other interested individuals and organizations.  The qualifications of nominees shall be recorded by using a form prescribed by the Department and then forwarded to the Governor for selection.

 

b)         Responsibilities of the State Council – The Illinois Job Training Coordinating Council shall perform duties as specified in Sections 122(b), 317, and 501 of the Act and Section 4 of the Illinois Job Training Coordinating Council Act.

 

c)         Support of State Council Activities – Funding for the Illinois Job Training Coordinating Council shall be provided pursuant to Section 202(b)(4) of the Act.  Staffing for the Council shall be provided by the Department.

 

(Source:  Amended at 13 Ill. Reg. 13839, effective August 16, 1989)

 

Section 2600.40  Local Service Delivery System

 

a)         Designation of Service Delivery Areas – The Department on behalf of the Governor may initiate an application process for local elected officials on behalf of units of general local government to request designation as a SDA under the JTPA to take effect at the start of Program Year 1986.  The process for redesignation of SDAs shall conform with requirements of Section 101 of the Act and 20 CFR 628.1 (1983).  Pursuant to Section 101(c)(l) of the Act, redesignation of SDAs shall not take place more frequently than every two years and shall not be made later than four months before the beginning of a program year.  In considering whether to initiate an application process for redesignation, the Department shall consider the availability of administrative funds to support the existing SDA administrative structure; the ability of SDAs to achieve or exceed performance standards; and, the recommendations of the Illinois Job Training Coordinating Council.  The Illinois Job Training Coordinating Council shall recommend to the Governor SDAs by preparing a map of the State identifying the geographical area to be included in each SDA. Pursuant to Section 4 of Public Act 83-1288, effective August 31, 1984 (Ill. Rev. Stat. 1984 Supp., ch. 48, par. 2104), these recommendations shall be forwarded to the President of the Senate and Speaker of the House of Representatives, or their designees, for review and comment by the Illinois General Assembly.  In addition to criteria which may be identified by the Illinois Job Training Coordinating Council, the Council shall consider the following criteria prior to making recommendations to the Governor on redesignation:

 

1)         the consistency of proposed SDA boundaries with labor market area boundaries and patterns of labor market behavior;

 

2)         the adequacy of estimated available funds to support the administrative expenses of proposed SDAs;

 

3)         the availability of a mix of employment opportunities and training institutions within proposed SDAs; and,

 

4)         the potential impact of redesignation decisions on the ability to maintain existing effective local relationships established for the provision of employment and training services (e.g., agreements among local elected officials).

 

b)         Petition for Redesignation – Pursuant to Section 101(c)(2) of the Act, the Department shall initiate an application process for redesignation as described in Section 2600.40(a) of this Part, if a petition is filed with the Department by an entity specified in Section 101(a)(4)(A) of the Act. Petitions shall be accepted only if filed at least eighteen months before the start of the program year for which the redesignation is proposed. Petitions for redesignation shall include a PIC Membership Selection Agreement if such an agreement is required of the petitioner(s) pursuant to Section 102(d) of the Act.

 

c)         Redesignation Due to Failure to Reach Agreement – In accordance with the requirements of Section 105(c) of the Act, if a Private Industry Council and appropriate chief elected official or officials fail to reach the agreement required under Section 103(b) or (d) of the Act and, as a consequence, funds for a Service Delivery Area shall not be made available under Section 104 of the Act, the Department on behalf of the Governor shall redesignate the SDAs in the State to merge the affected area into one or more other SDAs.  Such redesignations shall be made without regard to requirements of Section 2600.40(a) of this Part.  Prior to such redesignations the Department shall attempt to mediate the disagreement between the Private Industry Council and appropriate chief elected official or officials.  The duration of such mediation shall not exceed a period of two months beyond March 2 preceding the start of the subsequent program year.

 

d)         Redesignation Due to Failure to Meet Plan Approval Requirements – In the event that the Department disapproves a job training plan in accordance with Section 105(b) of the Act and Section 2610.40(d) of this Part, the Department on behalf of the Governor, shall redesignate the Service Delivery Areas in the State to merge the affected area into one or more other Service Delivery Areas.  Such redesignations shall be made without regard to Sections 101(a)(4) and (c)(1) of the Act and the requirements of Section 2600.40(a) of this Part.  Such a redesignation shall be initiated only after the review process for the Job Training plan as specified in 56 Ill. Adm. Code 2610.50(c) has been completed and the plan has not been approved as specified in 56 Ill. Adm. Code 2610.50(d).  The steps that shall be followed if a plan is disapproved are in accordance with 20 CFR Part 628.5 dated March 15, 1983.  These steps and timelines are as follows:

 

1)         The Job Training Plan shall be submitted to the Department by April 10 preceding the start of the subsequent program year.

 

2)         The Department shall approve or disapprove the plan within 30 days and notify the PIC and Chief Elected Official(s) in writing.

 

3)         If the plan is not approved, the PIC and Chief Elected Official(s) shall have 20 days to correct the deficiencies and resubmit the plan to the Department.

 

4)         The Department shall approve or disapprove the plan within 15 days.

 

5)         If the plan is disapproved, the PIC and Chief Elected Official(s) shall have 30 days to submit an appeal to the Secretary.

 

6)         The Secretary shall accept the appeal and make a decision only with regard to determining whether or not the disapproval is clearly erroneous within the context of Section 105(b)(1) of the Act.  The Secretary shall make a final decision within 45 days after the appeal is received in accordance with Section 105(b)(2) of the Act.

 

7)         The Department shall provide the PIC and Chief Elected Official(s) 5 days to correct deficiencies and resubmit the plan after the Secretary's final decision.

 

8)         If a corrected plan is not submitted within the 5 days, then redesignation will be initiated.

 

e)         Certification of Private Industry Councils – The Department, on behalf of the Governor, shall certify a Private Industry Council which meets the requirements of Section 102 of the Act and the requirements specified in this Part.  Such certification shall be made or denied within 30 days after the date on which a list of members and necessary supporting documentation are submitted to the Department.  The list and supporting documentation shall be submitted by a date and in accordance with instructions and using forms provided by the Department.

 

1)         PIC Appointing Authority – Appointments to PICs shall be made in accordance with the requirements of Section 102(d) of the Act.  In any case in which there are no units of general local government in the SDA with experience in administering job training programs, then the chief elected official(s) in the SDA shall appoint members to the PIC in accordance with an agreement entered into by such units.  Pursuant to Section 102(d) of the Act, a chief elected official (or officials) of a unit (or units) of general local government with experience in administering job training programs within the Service Delivery Area shall appoint members to the private industry council.  Such experience shall be recognized only if it transpired during the three program years proceeding the program year in which the appointments are to be made.  Only units of general local government which are responsible for any one of the following job training program related responsibilities shall be considered as having related experience in administering job training programs:

 

A)        grant recipient;

 

B)        administrative entity;

 

C)        prime sponsor under the Comprehensive Employment and Training Act (CETA) (29 U.S.C. 801); or

 

D)        planning entity.

 

2)         Nomination Procedures – Nominations shall be made pursuant to the requirements of Section 102(c) of the Act.  Private sector representatives shall be selected from among individuals nominated on a single slate containing 150 percent of the number of representatives needed to fill all private sector vacancies.

 

3)         Composition of the Private Industry Council – A Private Industry Council shall meet the requirements of Section 102 of the Act and the composition requirements of this Part.

 

A)        A PIC shall have a minimum of thirteen members.

 

B)        No member of a PIC shall represent more than the one group.

 

C)        Private sector representatives shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other managers whose decisions and/or recommendations substantially affect the investment decisions or workforce requirements of the firm or facility.  The majority of the members of PICs shall be private sector representatives.

 

D)        Women shall be represented on the Private Industry Council in proportion to their representation in the labor force of the Service Delivery Area.  A Private Industry Council not in compliance with this criteria shall include a description of action which will be taken by the chief elected official or officials in order to meet this criteria by Program Year 1986.  In such cases, local job training plans shall include a description of action which will be taken by the chief elected official or officials which demonstrate that progress will be made to meet this criteria.  In the event that this requirement is not complied with by Program Year 1986, the certification of the Private Industry Council shall be withdrawn and new business (e.g., entering into new contracts with service providers) may not be conducted by the PIC which has been de-certified, but existing services shall continue until the PIC is re-certified.  The affected Private Industry Council shall be prohibited from conducting business unless it can be demonstrated that:

 

i)          the occurrence of vacancies was insufficient to allow compliance; or,

 

ii)         efforts to attract women for nomination to the PIC are documented via newspaper advertisements, copies of letters sent to women's business and professional organizations, women's social services organizations, and other groups required to be on the PIC's as per this section, and yet such efforts failed to provide sufficient results to achieve compliance either through lack of nominees or refusals to serve by women who were nominated.

 

E)        In a Service Delivery Area in which racial minorities comprise five percent or more of the labor force in the Service Delivery Area, racial minorities shall be represented on the Private Industry Council in proportion to their representation in the labor force of the Service Delivery Area.  A Private Industry Council not in compliance with this criteria shall demonstrate that priority will be given to minorities in filling vacancies so that by Program Year 1986 this requirement will be met.  In such cases, local job training plans shall include a description of action which will be taken by the chief elected official or officials which demonstrate that appropriate progress will be made to meet this criteria.  In the event that this requirement is not complied with by Program Year 1986, the certification of the Private Industry Council shall be withdrawn and new business (e.g., entering into new contracts with service providers) may not be conducted by the PIC which has been de-certified, but existing services shall continue until the PIC is re-certified.  The affected Private Industry Council shall be prohibited from conducting business unless it can be demonstrated that:

 

i)          the occurrence of vacancies was insufficient to allow compliance; or,

 

ii)         the number of vacancies filled by individuals who were nominated by virtue of their position with a specific agency precluded compliance.

 

F)         Whenever possible, at least one-half of the private sector representatives on the PIC shall be representatives of small business including minority businesses and those owned by women.  The Department shall accept that it is not possible for at least one-half of the private sector representatives to be representatives of private small businesses if such representatives decline to be members of the PIC or there are too few such businesses in the SDA.  The term 'small business' shall mean business employing 500 or fewer persons.  No PIC shall be certified if such small business representation is below forty percent of all private sector representatives.

 

G)        No local elected officials (and all employees under the jurisdiction of their offices) who have responsibility for plan approval pursuant to Section 103(d) of the Act, shall be appointed to the PIC.  Where SDAs are comprised of counties, such officials shall include all county board members and county commissioners.  Where SDAs are comprised of cities, towns, or villages, such officials shall include mayors and all city, town, or village council or board members.  Local elected officials other than those cited above may serve as PIC members if they are nominated and appointed as a representative of one of the groups specified in Section 102(a) and (c) of the Act.

 

H)        At a minimum, one private sector representative shall be appointed from each major industrial group which represents ten percent or more of the SDA's private sector labor force.

 

I)         The PIC shall include but not be limited to representatives of:

 

i)          educational agencies;

 

ii)         organized labor;

 

iii)        rehabilitation agencies;

 

iv)        community-based organizations;

 

v)         the public employment service; and,

 

vi)        economic development agencies.

 

J)         The PIC shall elect its own Chairman.  Pursuant to Section 103(b) of the Act, the Chairman of the PIC shall be selected from among members of the PIC who are private sector representatives.

 

4)         Filling Vacancies on the Private Industry Council – Pursuant to 102(f) of the Act, any vacancy in the membership shall be filled following the same procedure as the original appointment.  Requirements as specified in Section 2600.40(e) of this Part shall be met in filling any vacancy in the membership of a PIC.  A nomination to fill a vacancy shall be forwarded to the Department for certification within three months of occurrence.  In the event that an initial nomination is not certified by the Department due to noncompliance with the requirements of the Act or the requirements of this Part, a second nomination shall be forwarded within one month of being so notified by the Department.  In the event that a nominee cannot be certified by the Department within the timeframes specified above and the PIC no longer meets the requirements of Section 102 of the Act and/or Section 2600.40(e) of this Part, the certification of the PIC shall be withdrawn and the affected PIC shall be prohibited from conducting business until such time as the vacancy is filled and certified.  New business (e.g., entering into new contracts with service providers) shall not be conducted by PICs which have been de-certified, but existing services shall continue until the PIC is re-certified.  The Department shall provide the affected PIC thirty days notice of de-certification.  Existing services under an approved plan shall not be disrupted due to de-certification.

 

5)         Appointments Made by the Governor

 

A)        Failure to Reach Agreement – The Department on behalf of the Governor, shall appoint individuals to the Private Industry Council in the event that agreement is not reached on appointment procedures by chief elected officials as specified in Section 102(d) of the Act and 2600.40(e)(1) of this Part.  The Department shall not exercise this authority unless, the Department first attempts to facilitate a local agreement through mediation.  The duration of such mediation shall not exceed a period of two months beyond the scheduled date set by the Department for the establishment of such agreements.

 

B)        Failure to Meet Certification Requirements – In the event that the Department is unable to certify a Private Industry Council due to non-compliance with Section 102 of the Act or the requirements of this Part, the Department on behalf of the Governor, shall appoint individuals to the Private Industry Council.  Such appointments shall be limited to the smallest number of appointments which will allow for certification.  The Department will not exercise this authority unless, the Department first attempts to facilitate the local appointment process through mediation. The duration of such mediation shall not exceed a period of two months beyond the scheduled date set by the Department for the submission of certification documentation.

 

C)        Failure to Fill Vacancies – In the event that certification of a Private Industry Council is withdrawn pursuant to Section 2600.40(e)(4) of this Part, the Department on behalf of the Governor, shall appoint individuals to the Private Industry Council to fill any vacancies.

 

f)         Reorganization Due to Inadequate Performance – Pursuant to Section 106(h) of the Act, the Governor shall impose a reorganization plan in a Service Delivery Area if failure to meet performance standards established in accordance with Sections 106 of the Act and 20 CFR 629.46 (1983) persists for two consecutive program years.  Prior to imposition of a reorganization plan, the Department on behalf of the Governor, shall offer the affected parties opportunity for a hearing regarding such areas as the adequacy of the reorganization plan, the computation of the standards and extenuating local conditions affecting performance.  The Department will follow the procedures outlined in Article 10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1010-5 et seq.) for conducting hearings.

 

g)         Agreements Among Chief Elected Officials (CEO)

 

1)         CEOs shall adopt, by a majority vote, a system of recognized and traditionally accepted parlimentary rules (e.g., Roberts Rules of Order, Sturgis Standard Code of Parlimentary Procedure) by which meetings/assemblies shall be conducted.  These rules shall provide for procedural safeguards and democratic discussion, the right of free and fair debate.

 

2)         CEOs shall adopt formal bylaws to govern their meetings/assemblies.

 

h)         Operating Procedures for PICs:  PICs shall adopt, by a majority vote, a system of recognized and traditionally accepted parlimentary rules (e.g., Roberts Rules of Order, Sturgis Standard Code of Parlimentary Procedure) by which meetings/assemblies shall be conducted.  These rules shall provide for procedural safeguards and democratic discussion, the right of free and fair debate.

 

(Source:  Amended at 9 Ill. Reg. 5591, effective April 17, 1985)

 

Section 2600.50  Sanctions Policy

 

In accordance with 56 Ill. Adm. Code 2630.122, the Department is held responsible for all funds under the Act.  In order to carry out this responsibility, the Department shall provide for sanctions when grantees fail to comply with applicable laws, regulations, and policies.  The purpose of having a sanctions policy is the same as that for having technical assistance and corrective action strategies in that the final intent is to help grantees correct performance deficiencies and/or move into compliance with a particular portion of the Act or regulations.  Thus, the focus is not punitive.  As long as grantees are implementing the corrective action plans approved by the Department, sanctions will be avoided.  The corrective action environment is one in which the grantee negotiates with the Department on activities to be undertaken to correct performance deficiencies.  In the sanctions environment, the Department takes a more forceful role in determining what actions a grantee shall take to correct problems.

 

a)         Definitions – The following definitions are applicable to this Section:

 

 

"Indication of Problem" – The point at which a compliance problem is identified.

 

"Intermediate Activity(ies)" – The initial action(s) to be taken by the State and the grantee in turn in order to rectify an identified deficiency.

 

"Performance Exception" – The specific activity/performance which shall be monitored by the Department, and to which sanctions may be applied.

 

"Sanction(s)" – The particular action(s) which shall be taken by the Department when deficiencies remain uncorrected.

 

"State Intervention Authority" – Citation(s) to the Act, federal regulations, and/or State rules which provide the authority for the Department to impose sanctions for unacceptable performance in a given area.

 

b)         Following are specific areas of performance which are subject to Department sanctions.

 

1)         Reporting

 

A)        Performance Expectation – In accordance with 56 Ill. Adm. Code 2610.130(b), grantees shall enter participant and expenditure data into the JTPA– II management information system (MIS) and direct subgrantee reporting system (DSGR) by the thirtieth day of the month following the month in which the participant transaction or expenditure occurred.  Manual reports shall also be submitted by this date.

 

B)        Indication of Problem – The following are indicative of failure to meet the performance expectation as defined in subsection (b)(1)(A) above:

 

i)          cash draws exceed reported expenditures by 5% for any month;

 

ii)         based on the quarterly data entry performance summary reports, less than 90% of enrollments, training and service records or termination records were entered in the JTPA– II MIS within four (4) weeks after their creation;

 

iii)        based on manual logs, manual expenditures or participant reports, the reports are submitted late;

 

iv)        based on comparison of close– out submission with DSGR's content as of July 30, there is under– or over– reporting of 10% or greater.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to redress the problem(s).

 

i)          The Department shall notify the grantee, the Private Industry Council (PIC) and the chief elected official (CEO) in writing of the problem(s).

 

ii)         The Department shall offer technical assistance.

 

iii)        The grantee shall develop a corrective action plan.

 

iv)        The Department shall monitor the grantee's implementation of the corrective action plan.

 

v)         The Department shall measure performance to determine if the problem has been corrected.

 

vi)        The grantee shall revise the corrective action plan if that plan has not solved the problem as determined by the Department.

 

D)        Implementation of Corrective Action – Timelines for implementing corrective action shall depend on the measurement cycle, which may be monthly, quarterly or annually and the nature of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Sections 164(a)(1) and (e)(2)(C) of the Act and Job Training Partnership Act (JTPA) regulations found in 20 CFR 629.35 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to implement the corrective action plan and/or the repeated failure of corrective action to eliminate the problem identified.  Sanctions include:

 

i)          withholdig cash until expenditures are balanced with requests;

 

ii)         revoking a portion of the administrative plan until the grantee acquires needed resources;

 

iii)        imposing contracting policy changes designed to encourage timely reporting by service providers.

 

2)         Performance Standards

 

A)        Performance Expectation – In accordance with 56 Ill. Adm. Code 2610.100(b)(3), Title IIA grant recipients shall meet or exceed three of the four core adult follow– up measures and one of the two core youth measures for the program year.  In accordance with 56 Ill. Adm. Code 2525.60(f)(4), Title IIIA substate grantees (SSGs) shall meet or exceed both of the U.S. Department of Labor (USDOL) performance measures for the program year.

 

B)        Indication of Problem – The problem is indicated by failure to meet the performance expecation as defined in subsection (b)(2)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the steps listed in subsection (b)(1)(C)(i) through (vi) of this Section shall be taken.

 

D)        Implementation of Corrective Action – Failure to meet performance standards in the second quarter shall initiate the corrective action plan process and performance shall be monitored on a quarterly basis.  First year failure by the grantee requires a formal strategy be developed to avoid failure in the second year of the two– year plan.

 

E)        State Intervention Authority – In accordance with Section 106(h) of the Act and JTPA regulations found in 20 CFR 629.46 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by:  performance standards not being met for the second consecutive year, failure to implement a corrective action plan and/or refusal to cooperate with a reorganization plan. Sanctions include:

 

i)          reorganization of the PIC;

 

ii)         selection of a new administrative entity;

 

iii)        selection of a new grant recipient or SSG;

 

iv)        prohibition against the use or continued use of certain service providers;

 

v)         designation of resources to specific program interventions;

 

vi)        redesignation of the SDA or SSA.

 

3)         Program Limitations

 

A)        Performance Expectation – Grantees shall maintain systems to ensure compliance with time limitations of participant activities in all JTPA titles and limitations in Section 108 of the Act.

 

B)        Indication of Problem – Violation of the program limitations cited in monitoring reports and letters or audit reports are indicative of failure to meet the performance expectation as defined in subsection (b)(3)(B).

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to rectify the problem(s).

 

i)          The Department shall review JTPA– II reports.

 

ii)         The Department shall review audit and monitoring workpapers.

 

iii)        The Department and the grantee shall meet with the local administrator.

 

iv)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

v)         The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to monitoring and audit reports within 30 calendar days.

 

E)        State Intervention Authority – In accordance with Sections 108, 204, and 205 of the Act, the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to meet specified program limitations as cited in the Act and/or failure to reimburse disallowed costs.  Sanctions include:

 

i)          withholding cash;

 

ii)         deducting liability from future cash payments.

 

4)         Program Documentation

 

A)        Performance Expectation – Grantees shall have adequate documentation to support proper allowability and classification of costs, proper reporting of costs, participant program eligibility and termination reasons.

 

B)        Indication of Problem – Lack of documentation in areas that are identified in monitoring reports or audit reports is indicative of failure to meet the performance expectation defined in subsection (b)(4)(A) of this Section.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to rectify the problem(s).

 

i)          The Department shall issue monitoring reports and audit reports.

 

ii)         The grantee shall respond to monitoring and audit reports.

 

iii)        The grantee shall develop a corrective action plan.

 

iv)        The Department shall follow up on response to monitoring/audit reports.

 

v)         The Department and the grantee shall meet with the local administrator.

 

vi)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

vii)       The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to monitoring reports within 30 calendar days and implement corrective action within 45 calendar days after receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Sections 164(a)(1) and (b)(1) and Sections 165 (c)(1) and (2) of the Act and JTPA regulations found in 20 CFR 629.35 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to meet specified time limits or requirements on monitoring reports and corrective action and/or failure to reimburse disallowed costs.  Sanctions include:

 

i)          revoking the two-year plan or part of the plan as necessary;

 

ii)         withholding cash requests;

 

iii)        deducting liability from future cash payments.

 

5)         Program Procurement

 

A)        Performance Expectation – In accordance with 56 Ill. Adm. Code 2630.82, a grantee shall follow all necessary State and federal procurement policies and procedures.

 

B)        Indication of Problem – Violation of State and federal procurement policies and procedures as referenced is indicative of failure to meet the performance expectation defined in subsection (b)(5)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to rectify the problem(s).

 

i)          The Department shall issue monitoring and audit reports.

 

ii)         The grantee shall respond to monitoring and audit reports.

 

iii)        The grantee shall develop a corrective action plan.

 

iv)        The Department shall follow up on implementation of the corrective action plan.

 

v)         The Department and the grantee shall meet with the local administrator.

 

vi)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

vii)       The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to monitoring reports within 30 calendar days and implement corrective action within 45 calendar days after receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Sections 164(a)(1) and (b)(1) of the Act and JTPA regulations found in 20 CFR 629.35 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to meet specified time limits or requirements on monitoring reports and corrective action plans. Sanctions include:

 

i)          revocation of the two-year plan or part of the plan as necessary;

 

ii)         withholding cash requests;

 

iii)        deducting liability from future cash payments.

 

6)         Cash Balance

 

A)        Performance Expectation – Grantees shall maintain a daily cash balance for immediate cash needs only.

 

B)        Indication of Problem – Cash on hand in excess of the amount determined through Department monitoring to be necessary and reasonable for immediate cash needs is indicative of failure to meet the performance expectation defined in subsection(b)(6)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to rectify the problem(s).

 

i)          The Department shall review monitoring and audit reports.

 

ii)         The Department and the grantee shall meet with the local administrator.

 

iii)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

D)        Implementation of Corrective Action – Grantees shall respond within 30 calendar days to monitoring and audit reports and correct the deficiency within 45 calendar days after receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Section 205 of the Act, JTPA regulations found in 20 CFR 629.31(b) (April 1, 1991 edition), and the U.S. Department of the Treasury Circular TC 1075-1 (31 CFR 205), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by non-compliance with the requirements relating to cash balances within 30 calendar days of implementation of the corrective action plan, as verified by on-site monitoring of current daily cash balances.  Sanctions include:

 

i)          justification for each cash draw;

 

ii)         submission of a new or revised system of forecasting cash needs;

 

iii)        return of excess cash.

 

7)         Cost Limitations

 

A)        Performance Expectation – Grantees shall maintain compliance with program cost limitations specified in 56 Ill. Adm. Code 2630.102.

 

B)        Indication of Problem – Audit and monitoring exceptions regarding cost categories and limitations and close-out reports are indicative of failure to meet the performance expectation defined in  subsection (b)(7)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          The Department shall review monitoring and audit reports, close-out documents and tracking reports.

 

ii)         The Department and the grantee shall meet with the local administrator.

 

iii)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

iv)        The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to the monitoring/audit reports within 30 calendar days and shall correct the deficiency within 45 calendar days after the receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Section 108 of the Act and JTPA regulations found in 20 CFR 629.39 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to meet specified time limits or requirements and corrective action and/or failure to reimburse disallowed costs.  Sanctions include:

 

i)          withholding cash;

 

ii)         deducting liability from future payments.

 

8)         Cost Allocation

 

A)        Performance Expectation – Grantees shall assign costs per their cost allocation formula in accordance with 56 Ill. Adm. Code 2630.111.

 

B)        Indication of Problem – Audit and fiscal monitoring reports noting discrepancy(ies) in assigning costs as required in the cost allocation formula are indicative of failure to meet the performance expectation defined in subsection (b)(8)(A).

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          The Department shall review audit/monitoring reports.

 

ii)         The Department and the grantee shall meet with the local administrator.

 

iii)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

iv)        The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to the monitoring/audit reports within 30 calendar days and shall correct the deficiency within 45 calendar days after the receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with 56 Ill. Adm. Code 2630.111, the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to meet specified time limits or requirements and corrective action and/or failure to reimburse disallowed costs.  Sanctions include:

 

i)          withholding cash;

 

ii)         deducting liability from future payments.

 

9)         Cost Charging

 

A)        Performance Expectation – In accordance with Subparts B and C of 56 Ill. Adm. Code 2630, grantees shall charge all costs only once and according to classifications.

 

B)        Indication of Problem – Audit and monitoring reports indicating problems in multiple charging of costs or charging costs to improper classifications are indicative of failure to meet the performance expectation defined in subsection (b)(9)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          The Department shall review audit/monitoring reports.

 

ii)         The Department and the grantee shall meet with the local administrator.

 

iii)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

iv)        The Department shall disallow costs.

 

D)        Implementation of Corrective Action – Grantees shall respond to monitoring/audit reports within 30 calendar days and shall correct the deficiency within 45 calendar days after the receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with JTPA regulations found in 20 CFR 629 (April 1, 1991 edition) and 20 CFR 631 (April 1, 1991 edition), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by multiple charging of costs or improper classification of costs and/or failure to reimburse disallowed costs.  Sanctions include:

 

i)          withholding cash;

 

ii)         deducting liability from future payments.

 

10)       Substantial Segments

 

A)        Performance Expectation – Grantees shall provide employment training services and opportunities to those who can benefit and are most in need, and to the identified substantial segments of the eligible population as contracted in the two– year plan.

 

B)        Indication of Problem – Failure to serve substantial segments with variance greater than 15% below incidence level in eligible populations is indicative of failure to meet the performance expectation defined in subsection (b)(10)(A).

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          The Department shall notify the grantee, PIC, and CEO of the problem and offer technical assistance.

 

ii)         The Department shall require development of a corrective action plan.

 

iii)        The Department shall monitor implementation of the corrective action plan.

 

iv)        The Department shall measure performance to determine if the problem has been corrected.

 

v)         The grantee shall revise the corrective action plan if it has not solved the problem as determined by the Department.

 

D)        Implementation of Corrective Action –

 

i)          Within 45 calendar days after the notification of deficiency, the grantee shall develop and submit a corrective action plan to the Department;

 

ii)         Within 1 quarter after the plan development, the grantee shall begin implementing the corrective action plan;

 

iii)        Within 2 quarters after implementation of the corrective action plan, if no improvement is measured, the grantee shall be required to revise the corrective action plan and obtain additional technical assistance;

 

iv)        Within one month after the receipt of the corrective action plan, the Department shall respond to the revised corrective action plan.

 

E)        State Intervention Authority – In accordance with Sections 141(a) and 164(b)(1) of the Act and contracts with the Department, the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to implement a corrective action plan and/or refusal to alter a corrective action plan if no improvement is measured.  Sanctions include:

 

i)          revocation of the plan or part  of the plan;

 

ii)         prohibition from the use of certain service providers;

 

iii)        designation of resources to specific program interventions.

 

11)       Program and Administration Procedures

 

A)        Performance Expectation – Grantees shall address problems in program and administration procedures as identified in monitoring reports, issued by the Department or the USDOL, and audit reports.

 

B)        Indication of Problem – Failure to respond to monitoring reports and audit reports within specified timelines and/or follow– up reviews by the Department which show that the agreed to corrective action plan was not implemented are indicative of failure to meet the performance expectation defined in subsection (b)(11)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          The Department shall send correspondence to the grantee to warn the grantee of non-compliance.

 

ii)         The Department and the grantee shall meet with the local administrator.

 

iii)        The Department and the grantee shall meet with the PIC Chair and CEO.

 

D)        Implementation of Corrective Action – Grantees shall respond to monitoring/audit reports within 30 calendar days and correct the deficiency within 45 calendar days after the receipt of the corrective action plan.

 

E)        State Intervention Authority – In accordance with Section 164(c)(2)(d) of the Act and JTPA regulations found in 20 CFR 629.43(b) (April 1, 1991), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure of the grantee to respond to monitoring/audit reports and/or failure to take stipulated corrective action.  Sanctions include:

 

i)          restriction of cash drawdowns;

 

ii)         revocation of the plan or a part of the plan;

 

iii)        reorganization of the SDA or SSA.

 

12)       PIC Membership

 

A)        Performance Expectation – PIC membership requirements shall be met in accordance with 56 Ill. Adm. Code 2600.40.

 

B)        Indication of Problem – Vacancies on PICs which exist after 90 days and/or membership which falls below the guidelines as set forth in 56 Ill. Adm. Code 2600.40(e) are indicative of failure to meet the performance expectation defined in subsection (b)(12)(A) above.

 

C)        Intermediate Activities – When a PIC's membership fails to meet the performance expectation, the Department shall send a letter to the PIC Chair and CEOs warning them of possible decertification.

 

D)        Implementation of Corrective Action – The PIC has 90 calendar days after receipt of a letter from the Department warning them of possible decertification to meet requirements with an additional warning letter being issued at 60 calendar days.

 

E)        State Intervention Authority – In accordance with Section 102 of the Act and JTPA regulations found in 20 CFR 628.2 (April 1, 1991), the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to comply with the decertification warning letter and timelines.  The Governor shall select PIC members to meet necessary requirements.

 

13)       Civil Rights Complaints

 

A)        Performance Expectation – In accordance with 56 Ill. Adm. Code 2610.120(c), Civil Rights Complaint Reports shall be completed and submitted to the Department.

 

B)        Indication of Problem – When a grantee does not submit reports within prescribed timelines, it is indicative of failure to meet the performance expectation defined in subsection (b)(13)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken in an effort to rectify the problem(s).

 

i)          The Department shall notify the grantee in writing that the grantee shall prepare and submit a Civil Rights Complaint Report.

 

ii)         The Department shall meet with the PIC and CEO regarding the problem and offer technical assistance.

 

iii)        The Department shall review the summary report submitted to the Illinois Job Training Coordinating Council (IJTCC).

 

D)        Implementation of Corrective Action – The grantee shall submit a corrective action plan within 5 calendar days following the end of the quarter and implement corrective action within 30 calendar days.

 

E)        State Intervention Authority – In accordance with Section 164(B)(1) of the Act, the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be triggered by failure to prepare and submit a Civil Rights Complaint Report within prescribed timelines.  The sanction is plan revocation.

 

14)       Coordination Agreements

 

A)        Performance Expectation – In accordance with 56 Ill. Adm. Code 2610.60 and 2610.Appendix A, the grantees/administrative entities shall negotiate and/or modify coordination agreements with mandated agents in accordance with the Governor's Coordination Criteria within specified timelines.

 

B)        Indication of Problem – When a grantee does not reach agreement on the contents of a coordination agreement, resulting in failure of a signed agreement being submitted with their plan or modification, it is indicative of failure to meet the performance expectation defined in subsection (b)(14)(A) above.

 

C)        Intermediate Activities – When a grantee fails to meet the performance expectation, one or more of the following steps shall be taken.

 

i)          For the two-year plan, if coordination agreements are not included in the preliminary plan, Department staff shall contact SDAs to determine the nature of the problem.  If the problem is such that the SDA does not anticipate resolution in sufficient time for inclusion in the final plan, unless the nature of problem is routing for signatures, staff shall advise SDAs to discuss with the PIC/local elected official (LEO) and shall consult with the coordinating agent for perspective.  The coordinating agent shall be advised to contact the central office of the State agency, as appropriate, to discuss the problem.

 

ii)         The grantee shall report, in writing, to the Coordination Committee on the nature of the problem(s) and efforts to date to resolve them.  The SDA/coordinating agent may submit a one page perspective briefing to the Coordination Committee if desired.

 

iii)        If coordination agreements are not finalized by June 30, SDA and coordinating agents' representatives involved in the disagreement shall be requested to present their views at the Coordination Committee meeting at which the Coordination Committee shall attempt to provide assistance in the resolution of issue(s).

 

iv)        The IJTCC shall act on Coordination Committee recommendations.  Letters shall then be transmitted to the SDAs/coordination agents.

 

D)        Implementation of Agreements – The grantee shall submit the preliminary agreements in March and the final agreement in April, biennially, in accordance with the two-year planning cycle.

 

E)        State Intervention Authority – In accordance with Sections 105(b)(1)(E) and 122(b)(3) of the Act, the Department shall impose sanctions for unacceptable performance.

 

F)         Sanctions – Sanctions shall be recommended by the Coordination Committee to the IJTCC which shall endorse the recommendation.  Sanctions include:

 

i)          plan disapproval;

 

ii)         plan revocation.

 

c)         Appeals – The following steps outline the general appeal process relative to sanctions.

 

1)         The Department shall mail a letter to the grantee announcing sanctions. A copy of the letter shall be mailed to the PIC Chair and CEO.

 

2)         The grantee has 30 working days to submit an appeal of the sanction. Informal resolution of any differences is encouraged during this time.

 

3)         A formal hearing shall be scheduled to convene within 30 working days after the receipt of the appeal.

 

4)         The grantee shall make every effort possible to attend the formal hearing.  However, if this is not possible, a 48-hour prior notice shall be given to the Department and the hearing can be rescheduled for just cause as determined by the hearing officer.  Otherwise, the formal hearing shall be held in the absence of the grantee.

 

5)         The hearing officer's decision shall be mailed to the grantee, PIC Chair and CEO within 30 working days after the hearing.

 

6)         Sanctions imposed because of the failure to meet performance standards for the second year may be appealed to the Secretary of the USDOL (Secretary) per Section 106(h) of the Act.  Revocation of all or part of a plan because the Governor determines there is a substantial violation of a specific provision of he Act or regulations as a result of financial and compliance audits, or otherwise, may be appealed to the Secretary per Section 164(b) of the Act.

 

(Source:  Amended at 17 Ill. Reg. 6483, effective April 9, 1993)

 

Section 2600.60  Governor's Coordination and Special Services Plan

 

Pursuant to Section 121 of the Act, the Department shall periodically submit to the Secretary a Governor's Coordination and Special Services Plan.  Pursuant to 20 CFR 627.2 (1983) the plan shall be submitted to the Secretary in a form and by a date established by the Secretary.

 

a)         Plan Development – Pursuant to Section 122(b) of the Act, the Illinois Job Training Coordinating Council shall recommend a Governor's Coordination and Special Services Plan to the Governor.  The Department shall designate a meeting of Illinois Job Training Coordinating Council to serve as the public hearing at which time all interested parties may present their comments on the plan.  Such public hearings shall be held in conjunction with the regular meeting provided that there is prior public notice of the meeting at least ten (10) business days in advance of the meeting at which the public hearing is to be held and that the public hearing notice clearly indicates the subjects to the addressed at the hearing and this regular meeting of the IJTCC, will be the public hearing on the Governors Coordination and Special Services Plan.  The Department or the IJTCC shall hold public hearings regarding the Governor's Coordination and Special Services Plan, pursuant to Section 46.49 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, par. 46.49 as added by P.A. 83-1472) prior to submission of the plan to the General Assembly for review and comment and to the Governor for approval pursuant to Section 122(a)(7) of the Act.  Pursuant to Section 4 of Public Act 83-1288, effective August 31, 1984 (Ill. Rev. Stat. 1985, ch. 48, par. 2104), the plan shall be submitted to the President of the Senate and Speaker of the House of Representatives, or their designees, for review and comment by the Illinois General Assembly.  The Department on behalf of the Governor, shall submit the plan to the Secretary for approval.  The Secretary shall review and approve or disapprove the plan in accordance with the criteria and procedures specified in 20 CFR 627.2(b) (1983).

 

b)         Plan Content – Plan content is specified in guidelines issued on an irregular schedule by the Secretary.  At a minimum the plan shall contain the following informational items per Section 121 of the Act:

 

1)         the Governor's statement of goals and objectives for job training programs;

 

2)         criteria for coordinating activities under the Act with other State and local programs;

 

3)         State oversight and support activities;

 

4)         priorities and criteria for State incentive grants authorized under Section 202(b)(3) of the Act;

 

5)         performance goals for State supported programs authorized under Sections 202(b) and 301(b) of the Act; and,

 

6)         adjustments made in the performance standards and the factors that are used in making the adjustments.

 

c)         Coordination of Federal, State and Local Programs – Pursuant to Section 141(n) of the Act, the Department or its grantees shall notify and consult with the appropriate Private Industry Councils and chief elected officials concerning any activity funded through programs authorized under Section 202(b) of the Act in the Service Delivery Area.  In addition, affected labor organizations shall be consulted.

 

(Source:  Amended at 11 Ill. Reg. 11653, effective June 29, 1987)

 

Section 2600.70  Oversight and Management of Labor Market Information Programs

 

a)         In accordance with the requirements of Section 125 of the Act, the Office of the Governor shall function as the oversight and management unit for the statewide labor market and occupational supply and demand information system (hereinafter referred to as the State unit).

 

b)         The State unit shall carry out the responsibilities outlined in Section 125 of the Act.  Specific tasks may be delegated by the State unit to one or more existing agencies or organizations, such as (but not limited to) the Illinois Department of Commerce and Community Affairs, the Illinois Occupational Information Coordinating Committee, and the Illinois Department of Employment Security.

 

c)         In accordance with the requirements of Sections 461, 462 and 463 of the Act, and Sections 3(a) and 14 of the Wagner-Peyser Act (29 U.S.C. 3202, amended October 1, 1983), and 20 CFR 634 (1983), the State unit shall negotiate and enter into an agreement with the U.S. Secretary of Labor for the funding of labor market information activities and Federal-State cooperative statistical programs.

 

Section 2600.80  Labor Standards

 

a)         All JTPA programs operated in the State shall be conducted in compliance with Section 143 of the Act.

 

b)         JTPA grant funds shall not be used by the grantee for the period during which a strike or lockout is in effect.  Any JTPA funds provided to a grantee during a strike or lockout must be returned to the grantor.

 

c)         No funds received under the Act shall be expended in any organization which has experienced and able workers presently unemployed in occupations for which training is sought.

 

d)         No program shall impair existing collective bargaining agreements or contracts for services.  Grantees or their subgrantees shall obtain written concurrence from the collective bargaining agent where a collective bargaining agreement exists with the participating employer covering occupations in which training or subsidized employment is proposed.  Such concurrence shall apply to the elements of the proposed activity which affect the bargaining agreement, such as wages and benefits.  If no response is received within 30 days after written notification to the collective bargaining agent, the program may proceed.  Such written notifications shall include a deadline date for response.

 

e)         In the event that training is proposed in occupations not covered by a collective bargaining agreement, but where other occupations with the participating employer are covered by such agreements, grantees and their subgrantees shall provide written notification to the collective bargaining agent of the intent to conduct such training and soliciting the advice and comments of that bargaining agent.  All comments must be received by the grantee or subgrantees within 30 days of written notification being received by the bargaining agent.  Such written notification shall include a deadline date for response.

 

(Source:  Amended at 11 Ill. Reg. 11653, effective June 29, 1987)