TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XII: PRAIRIE STATE 2000 AUTHORITY
PART 5400 INDIVIDUAL TRAINING ASSISTANCE PROGRAM


SUBPART A: SUMMARY AND DEFINITIONS

Section 5400.100 Summary and Purpose

Section 5400.110 Definitions


SUBPART B: APPLICATION PROCESS

Section 5400.200 Eligible Applicants

Section 5400.210 Qualification of Training Programs and Training Providers

Section 5400.220 Approval of Intake Centers

Section 5400.230 Application Requirements

Section 5400.240 On-Site Inspection


SUBPART C: SELECTION CRITERIA

Section 5400.300 Selection Criteria

Section 5400.310 Amount of Vouchers

Section 5400.320 Notification and Submission of Claims

Section 5400.330 Issuance of Vouchers

Section 5400.340 Redemption of Vouchers


SUBPART D: POST-AWARD REQUIREMENTS

Section 5400.400 Recordkeeping, Reporting and Access to Information

Section 5400.410 Inspection of Records and Verification of Successful Completion

Section 5400.420 Refund of Benefits


AUTHORITY: Implementing and authorized by the Prairie State 2000 Authority Act (Ill. Rev. Stat. 1991, ch. 48, par. 1501 et seq.) and Public Act 87-661, Section 5, effective January 1, 1992.


SOURCE: Emergency Rules adopted at 10 Ill. Reg. 4268, effective February 20, 1986 for a maximum of 150 days, adopted at 10 Ill. Reg. 16696, effective October 3, 1986; emergency amendment at 16 Ill. Reg. 1693, effective January 3, 1992, for a maximum of 150 day; amended at 16 Ill. Reg. 8529, effective May 29, 1992.


SUBPART A: SUMMARY AND DEFINITIONS

 

Section 5400.100  Summary and Purpose

 

The purpose of the Individual Training Assistance Program (the "Program") is to assist unemployed individuals and employed workers in need of additional skills for continued employment, who are willing and able to work but who lack the appropriate skills to perform tasks in a modern business or industrial environment and who lack the financial resources to acquire those skills.  Under this Program, the Prairie State 2000 Authority (the "Authority") may issue job-linked educational and vocational training vouchers to qualified institutions on behalf of individuals, the redemption of which, shall defray a portion of the tuition and expenses for qualified educational and vocational training programs.

 

Section 5400.110  Definitions

 

            "Act" means the Prairie State 2000 Authority Act (Ill. Rev. Stat. 1991, ch. 48, par. 1501 et seq.).

 

            "Applicant" means an individual who has applied to receive Benefits under the Program.

 

            "Applications" means the applications for Benefits submitted by individuals under this Program.

 

            "Authority" means the Prairie State 2000 Authority.

 

            "Benefits" means the educational or vocational training vouchers authorized under the Act.

 

            "Board" means the Board of Directors of the Authority.

 

            "Dislocated Worker Center" means a center which provides a wide range of counseling, assessment, training, job search and placement services to workers and which is identified by the Illinois Department of Commerce and Community Affairs as a Dislocated Worker Center.

 

            "Employed" means engaged in employment as defined in Section 206 of the Unemployment Insurance Act (Ill. Rev. Stat. 1991, ch. 48, par. 316).

 

            "Fund" means the Prairie State 2000 Fund established in the Illinois State Treasury.

 

            "Intake Center" means an institution meeting the requirements of Section 5400.220(b) and approved by the Board pursuant to Section 5400.220(d).

 

            "Program" means the Individual Training Assistance Program.

 

            "Qualified Training Program" or "Training Program" means a program qualified by the Board pursuant to Section 5400.210.

 

            "Satisfactory Progress" means satisfactory progress as defined by a Training Provider in its published manual of rules and policies or in the absence of Training Provider policy, maintenance of a cumulative 80% attendance record and an average grade of "C" or better.

 

            "Service Delivery Area" means the governing body of an area designated as a service delivery area under the federal Job Training Partnership Act (29 U.S.C. 1511).

 

            "State" means the State of Illinois.

 

            "Successfully Complete" or "Successful Completion" means successful completion as defined by and in accordance with the practices of the Training Provider and as published in the Training Provider's manual of rules and policies.

 

            "Training Provider" means an institution which meets the eligibility requirements of Section 5400.210(c), and which provides a Training Program qualified by the Board pursuant to Section 5400.210(d).

 

            "Unemployed" means an unemployed individual as defined in Section 239 of the Unemployment Insurance Act (Ill. Rev. Stat. 1991, ch. 48, par. 349).

 

            "Workplace Literacy and Basic Skills Education" means those common branch skills and English-as-a-second-language skills that are directly related to the ability to perform occupational tasks.

 

(Source:  Amended at 16 Ill. Reg. 8529, effective May 29, 1992)


SUBPART B: APPLICATION PROCESS

 

Section 5400.200  Eligible Applicants

 

Only individuals who are Illinois residents and who are 18 years or older are eligible to apply for and receive Benefits under the Program.  In order to be eligible the Applicant must demonstrate the following:

 

a)         The Applicant must be enrolled in or intend to enroll in a Training Program which has been certified by the Board as qualified for reimbursement pursuant to Section 5400.210(d).

 

b)         The applicant has established vocational goals directed toward the acquisition of marketable skills. (Section 14(b) of the Act)  Whether an Applicant has established vocational goals will be determined by the Intake Center reviewing the Application.  Any course approved by the Authority will provide training directed toward the acquisition of marketable skills.

 

c)         The applicant has not been issued vouchers in the maximum amount authorized under Section 5400.310 within the 24 months previous to the determination that the applicant is eligible for receipt of benefits under this program. (Section 14(c) of the Act)

 

d)         The applicant will not receive funds for a job training program under the federal Job Training Partnership Act (29 U.S.C. 1511) for vocational classroom training or on the job training during the time he or she is receiving assistance under the program.  (Section 14(c) of the Act)

 

e)         The Applicant is either:

 

1)         within a benefit year as defined in Section 242 of the unemployment insurance act, (Ill. Rev. Stat. 1985, ch. 48, par. 352) (Section 14(a) of the Act); or

 

2)         unemployed but can establish at least a three year Unemployment Insurance coverage work history by having been employed as defined under Section 206 of the Unemployment Insurance Act (Ill. Rev. Stat. 1985, ch. 48, par. 316) a minimum of 3 years, such employment to have occurred within 10 years previous to the date of an application for benefits (Section 14(a) of the Act); or

 

3)         employed, but is in need of additional skills for continued employment and would be determined to meet the requirements of the Unemployment Insurance Act to establish a benefit year if such applicant became unemployed through a lack of suitable work opportunities. (Section 14(a) of the Act)

 

f)         The Applicant must be willing and able to meet any additional costs of the training under the Qualified Training Program such as additional fees or tuition costs not paid by the Authority.

 

Section 5400.210  Qualification of Training Programs and Training Providers

 

a)         The Authority shall approve educational and vocational programs and courses as Qualified Training Programs in which individuals seeking additional educational skills may enroll and for which individuals may receive Benefits to defray the costs of the Training Program.

 

b)         Training Programs which are eligible to be qualified pursuant to this Section shall:

 

1)         provide vocational or educational training in semi-technical or technical fields or semi-skilled or skilled fields;

 

2)         reflect current local labor market needs; and

 

3)         be structured to develop marketable skills.  (Section 17 of the Act)

 

            Generally, except for workplace literacy and basic skills education training, if more than 50% of the training consists of basic education (such as remedial english or math) of if the training is in preparation of a job providing compensation based solely on commission, that training does not constitute vocational or educational training in semi-technical or technical fields or semi-skilled or skilled fields.  Training Providers may utilize labor market information sources such as the Illinois Department of Employment Security and the Illinois Occupational Information Coordinating Council, to demonstrate that programs reflect current local labor market needs and are structured to develop marketable skills.  Any Training Program approved pursuant to the federal Job Training Partnership Act, or paragraph C(5) of Section 500 of the Unemployment Insurance Act (Ill. Rev. Stat. 1991, ch. 48, par. 420), or approved as an apprenticeship Training Program by the Illinois Department of Employment Security is an eligible Training Program.  (Section 17 of the Act)

 

c)         Qualified Training Programs may be offered by Training Providers which are institutions located in the State (Section 17 of the Act) and which satisfy one of the following eligibility requirements:

 

1)         The institution is operated by a public school as defined in the School Code (Ill. Rev. Stat. 1991, ch. 122, par. 1-3).  (Section 17 of the Act)

 

2)         The institution is operated by a public community college as defined in the Public Community College Act (Ill. Rev. Stat. 1991, ch. 122, par. 101-2).  (Section 17 of the Act)

 

3)         The institution is operated publicly or privately on a not for profit basis and meets standards substantially equivalent to those of comparable institutions operated by the State or by public community colleges.  (Section 17 of the Act)  In determining whether an institution meets standards substantially equivalent to those of comparable institutions operated by the State or by public community colleges, the Authority shall consider standards as established by the State Board of Education and shall consider factors such as the adequacy of the physical facilities, the qualifications of the instructors, and the placement history of the institution.

 

4)         The institution is operated by a college or any business, trade, technical or vocational school which is recognized or accredited by a recognized national or multistate organization or association which regularly recognizes or accredits colleges or schools. (Section 17 of the Act)

 

5)         The institution is operated publicly or privately, but does not operate as its principal business educational and vocational training programs, provided the programs offered by the institution are operated as a distinct unit of that institution, and participation in the program is not contingent on an individual's becoming an employee of that concern. (Section 17 of the Act)

 

d)         On a quarterly basis the Board shall publish a list of Qualified Training Programs for which vouchers may be issued under these rules.  The list shall be kept on file at the Authority's office and shall be available upon request.  Qualified Training Programs must meet the requirements of subsection (b) of this Section and must be offered by a Training Provider meeting the requirements of subsection (c) of this Section.  In selecting those programs which qualify, the Board shall consider the following:

 

1)         The recommendations of the State Board of Higher Education, the State Board of Education, the Illinois Community College Board and other state agencies or associations.  (Section 17 of the Act)

 

2)         The extent to which the Training Program advances the purposes of the Act.

 

3)         The extent to which the Training Program maximizes the number of jobs to be created or retained.

 

4)         The degree of need for the skills to be provided by the Training Program.

 

5)         The demand for the Training Program and the availability of funds to finance vouchers for the Training Program.

 

(Source:  Amended at 16 Ill. Reg. 8529, effective May 29, 1992)

 

Section 5400.220  Approval of Intake Centers

 

a)         The Authority may utilize Intake Centers to process Applications submitted under this Program.  The Intake Centers shall provide certain social and administrative services to further the goals of the Program. Intake Centers shall either provide educational services directly or contract with outside Training Providers to provide Applicants with educational and vocational training approved by the Authority.

 

b)         Only those institutions which are operated on a not-for-profit basis and which offer Qualified Training Programs or have an arrangement with a Training Provider meeting the requirements of Section 5400.210(c)(1), Section 5400.210(c)(2) or Section 5400.210(c)(4) are eligible Intake Centers.  Service Delivery Areas and Dislocated Worker Centers which otherwise meet the requirements of this Section are eligible for approval as Intake Centers.

 

c)         Those institutions which are eligible pursuant to subsection (b) may submit applications to the Authority requesting designation as an approved Intake Center.  All applications shall be submitted on forms provided by the Authority and shall include information the Authority deems necessary, such as the name and address of the Applicant, the Intake Center Coordinator, a description of the area to be served by the Intake Center, a description of services to be provided, and how the service will be provided.

 

d)         The Authority shall review applications submitted pursuant to this Section and based on the availability of funds during any fiscal year, may approve for a period of one year institutions meeting the requirements of subsection (b) and shall allocate fund levels to each approved Intake Center.  Approval of Intake Centers and levels of funding shall be determined, in part, by the demand for employment in the geographic area in which the Intake Center is located, the population of the geographic area, the time frame in which the Intake Center application is submitted, previous Intake Center performance, the nature of the facilities of the Intake Center, the placement history of the Intake Center and the availability of alternative program funds.  All funds allocated to an Intake Center are subject to reallocation upon the Authority's finding that the funds are not being utilized.

 

e)         Intake Centers approved by the Authority shall conduct assessment procedures necessary to determine whether unemployed Applicants have the capabilities required to Successfully Complete a training course or program.  The Intake Center shall specify in its application to the Authority the assessment procedures it will utilize.  These assessment procedures must be nationally recognized and must measure both aptitude and achievement.

 

f)         Intake Centers approved by the Authority shall provide any other services described in an agreement to be executed by the Authority and the Intake Center.  Such services may include placement assistance, client outreach and Applicant interviews.

 

Section 5400.230  Application Requirements

 

Applications for training shall be submitted by individuals on forms provided by the Authority and shall include information the Authority deems necessary, such as the Applicant's name and address, the Applicant's employment history and the name of the Training Program selected by the Applicant.

 

Section 5400.240  On-Site Inspection

 

During the period in which the Application is being reviewed and training provided, the Training Provider shall provide representatives of the Authority access to the site where the Training Program will be conducted. The Authority shall give notice prior to requesting access to the Training Program site and shall request such access only during normal business hours.


SUBPART C: SELECTION CRITERIA

 

Section 5400.300  Selection Criteria

 

The Authority shall review completed Applications submitted by individuals and subject to the availability of funds, shall approve the award of Benefits to those Applicants the Board determines to be entitled to receive Benefits taking into account the following criteria:

 

a)         Whether the Applicant fulfills the requirements of an eligible Applicant as defined in Section 5400.200.

 

b)         Whether the Applicant is currently employed and in need of additional skills to maintain employment or currently unemployed.  In the event sufficient funds are not available to meet all training applications on a current basis, priority shall be given to those applicants who are unemployed over those applicants who are employed but inappropriately skilled.  (Section 15(c) of the Act)

 

c)         In no event shall vouchers be issued under this Program unless funds have been appropriated or otherwise made available during the fiscal year.  (Section 15(c) of the Act)

 

Section 5400.310  Amount of Vouchers

 

An Applicant whose application is approved by the Authority pursuant to the provisions of Section 5400.300 may receive the amount of Benefits established as follows:

 

a)         If the Applicant is unemployed and meets the requirements of Section 5400.200(e)(1) or Section 5400.200(e)(2) the applicant may receive benefits in an amount equal to the aggregate costs of tuition, any required Training Provider fees to reimburse the Intake Center for the services it provides and required educational fees, such as lab fees, for the Training Program in which the applicant intends to enroll, all as approved by the Authority in its arrangement with the Intake Center or Training Provider; provided that the aggregate value of the vouchers to be issued, together with all such vouchers issued within the 24 months preceding the determination, shall not exceed $2,000, except for workplace literacy and basic skills education training.  (Section 15(a) of the Act)

 

b)         If the Applicant is employed and meets the requirements of Section 5400.200(e)(3) the applicant may receive benefits in an amount equal to 50% (and in the case of workplace literacy and basic skills education training, up to 100%) of the aggregate costs of tuition, any required Training Provider fees to reimburse the Intake Center for the services it provides and required educational fees, such as lab fees, for the Training Program in which the applicant intends to enroll all as approved by the Authority in its arrangement with the Intake Center or Training Provider; provided that, except in the case of workplace literacy and basic skills education training, the aggregate value of the vouchers to be issued, together with all such vouchers issued within the 24 months preceding the determination, shall not exceed $1,000. (Section 15(b) of the Act)

 

c)         An applicant who has received benefits under the Act, the amount of which was determined under subsection (a) of this Section, is not eligible to receive benefits in the amount determined in subsection (b) of this Section until the applicant is qualified to receive benefits under subsection (b) of this Section and meets the requirements of Section 5400.200.  (Section 15(f) of the Act)

 

(Source:  Amended at 16 Ill. Reg. 8529, effective May 29, 1992)

 

Section 5400.320  Notification and Submission of Claims

 

Upon approval under Section 5400.300 of an Application and after the Applicant has been admitted to the Training Program, the Intake Center which processed the Application shall give notice to the Board of the Applicant's admission and shall submit a claim for payment which specifies the name of the Applicant, the Training Program in which the Applicant is enrolled, the amount of the claim and the total amount of Benefits awarded to the Applicant for the Training Program.  The Intake Center's claim for payment for reimbursement of the costs of the Applicant's participation in the Training Program shall be submitted on forms provided by the Authority and shall be verified by the Intake Center as being unduplicated.

 

Section 5400.330  Issuance of Vouchers

 

a)         After the Authority has approved an Application for Benefits, the Authority shall issue a tuition voucher in the appropriate amount.  The tuition voucher shall state on it's face the value of the voucher and the conditions to be met for partial or full redemption and shall refer to all provisions, rules and regulations governing the proper use of the voucher and all penalties which may result in the event the voucher is not used in accordance with such provisions, rules and regulations. (Section 13 of the Act).  The voucher is to be delivered to the Intake Center which processed the Application.  A copy of each tuition voucher issued shall be delivered to the individual receiving benefits under this program. (Section 16(c) of the Act).  The Authority shall issue payment vouchers as provided in paragraph (b) of this Section.  The Intake Center shall disburse that portion of the payment voucher which reimburses the costs of educational training provided by training institutions other than the Intake Center promptly upon the Intake Center's receipt of the payment voucher.  No payment voucher shall be issued by the Authority for any claim determined to be qualified pursuant to Section 5400.300 after 52 weeks from the first day of the week during which a claim is made and for training services which are not completed before 92 weeks after the first day of the week during which the claim was submitted. (Section 15(d) of the Act)

 

b)         The Authority shall issue payment vouchers to reimburse training of an Applicant in an amount to cover one-half (½) of the approved costs of training of such Applicant upon enrollment of the Applicant in a Training Program and one-half (½) upon completion of fifty percent of the scheduled clock hours of the Training Program.

 

Section 5400.340  Redemption of Vouchers

 

Upon receipt of the payment voucher, the Intake Center shall deliver the voucher to the State Comptroller who shall draw his warrant on the State Treasurer for payment from the Fund to the Intake Center.


SUBPART D: POST-AWARD REQUIREMENTS

 

Section 5400.400  Recordkeeping, Reporting and Access to Information

 

Any Intake Center participating in this Program who receives vouchers on behalf of individuals shall:

 

a)         Submit periodic documented claims to the Authority for enrolled Applicants for which partial tuition and fees have been earned as provided in Section 5400.330(b).

 

b)         Maintain documentation of all earned tuition and fees for three years and provide the Authority and its representatives reasonable access during business hours to such documentation for inspection.  The Authority shall give notice to the Intake Center prior to requesting access to such documentation.

 

c)         Notify the Authority of the Successful Completion of Training Programs by all Applicants enrolled in the programs offered by the Intake Center or other Training Provider.

 

Section 5400.410  Inspection of Records and Verification of Successful Completion

 

Representatives of the Authority may periodically visit and inspect the records including grades, course roster and attendance records of Intake Centers or Training Providers relating to enrolled Applicants in Qualified Training Programs in order to:

 

a)         Verify enrollment of an Applicant in the Training Program.

 

b)         Verify Satisfactory Progress of an enrolled Applicant.

 

c)         Confirm Successful Completion by an Applicant of a Training Program.

 

Section 5400.420  Refund of Benefits

 

An individual receiving benefits under this program who fails to successfully complete a Training Program in which he or she is enrolled, shall refund the entire amount of all vouchers paid on his or her behalf unless the Board finds the individual was unable to successfully complete the training program because of medical disability, death or undue family hardship. (Section 19 of the Act).  The Board shall make a finding of undue family hardship in those instances where there has been a substantial change in the financial resources of the family or where there has been a structural change in the family requiring the withdrawal of the Applicant from the work force.