RELATES TO:
KRS
205.201,
205.455,
Chapter 342, 20 C.F.R. Part 641,
5 U.S.C.
7323,
29
U.S.C. 206,
2801, 2881, 2901,
38
U.S.C. 4215(a)(1),
42
U.S.C. 401,
402,
641.230. 2002(22), 3021, 3056n, 11302(a)
NECESSITY, FUNCTION, AND CONFORMITY: The Older Americans Act of
1965, as amended, authorizes grants to states to provide assistance in the
development of new or improved programs for older persons.
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations to implement programs mandated by federal law or to
qualify for the receipt of federal funds.
KRS
205.204(1) and (2) authorize
the cabinet secretary to administer the Older Americans Act in Kentucky and
authorize the cabinet to promulgate administrative regulations to comply with
any requirement imposed or required by federal law. This administrative
regulation sets forth the standards of operation for the senior community
service employment program in Kentucky.
Section
1. Definitions.
(1) "Area plan"
means a plan, submitted by a district for approval of the department, which
releases funds under contract for the delivery of SCSEP services within a
planning and service area.
(2) "At
risk for homelessness" means an individual who:
(a) Is likely to become homeless;
and
(b) Lacks the resources and
support networks needed to obtain housing.
(3) "Authorized position" means an enrollment
opportunity during a program year based on an average national unit cost
pursuant to
20 C.F.R.
641.140.
(4) "Co-enrollment" means enrollment for an
individual who meets the qualifications for SCSEP participation and is also
enrolled as a participant in WIA or another employment and training program, as
provided in the participant's Individual Employment Plan.
(5) "Community service" means a service
provided by the SCSEP participant within a community to gain work experience
and job skills, including:
(a) Social, health,
welfare, and educational services including literacy and tutoring;
(b) Legal and other counseling services and
assistance including tax counseling and assistance and financial
counseling;
(c) Library;
(d) Recreational;
(e) Conservation, maintenance, or restoration
of natural resources;
(f) Community
betterment or beautification;
(g)
Antipollution and environmental quality efforts;
(h) Weatherization activities;
(i) Economic development; or
(j) Other services essential and necessary to
the community as determined by the Secretary of Health and Human
Services.
(6) "Community
service assignment" means part-time, temporary employment paid with grant funds
for a project at a host agency through which an eligible individual is engaged
in community service and receives work experience and job skills that can lead
to unsubsidized employment.
(7)
"Department" means the Department for Aging and Independent Living.
(8) "Disability" means a mental or physical
impairment, or a combination of mental and physical impairments, that result in
substantial functional limitations in one (1) or more of the following areas of
major life activity:
(a) Self-care;
(b) Receptive and expressive
language;
(c) Learning;
(d) Mobility;
(e) Self-direction;
(f) Capacity for independent
living;
(g) Economic
self-sufficiency;
(h) Cognitive
functioning; or
(i) Emotional
adjustment.
(9)
"District" is defined by
KRS
205.455(4).
(10) "Frail" means an individual fifty-five
(55) years of age or older who is functionally impaired because the individual:
(a) Is unable to perform at least two (2)
activities of daily living without verbal reminding, physical cueing, or
supervision; or
(b) Requires
supervision due to a cognitive or other mental impairment and behaves in a
manner that poses a health or safety hazard to the individual or another
individual pursuant to
42
U.S.C.
2002(22).
(11) "Greatest economic need"
means the need resulting from an income level at or below the poverty
guidelines established by the Department of Health and Human Services and
approved by the Office of Management and Budget pursuant to
42
U.S.C.
3002(23).
(12) "Greatest social need" means the need
caused by non-economic factors pursuant to
42
U.S.C.
3002(24), including:
(a) Physical and mental
disabilities;
(b) Language
barriers; and
(c) Cultural, social,
or geographical isolation, including isolation caused by racial or ethnic
status that:
1. Restricts the ability of an
individual to perform normal daily tasks; or
2. Threatens the capacity of the individual
to live independently.
(13) "Homeless" means an individual, pursuant
to
42 U.S.C.
11302(a), who:
(a) Lacks a fixed regular nighttime
residence; and
(b) Has a primary
nighttime residence that is:
1. A supervised
publicly or privately operated shelter designed to provide temporary living
accommodations including:
a. A welfare
hotel;
b. A congregate shelter;
or
c. Transitional housing for the
mentally ill;
2. An
institution that provides a temporary residence for individuals intended to be
institutionalized; or
3. A public
or private place not designed for or ordinarily used as regular sleeping
accommodations for human beings.
(14) "Host agency" means a public agency or
private, nonprofit organization, other than a political party, exempt from
taxation under the provision of Section 501(c)(3) of the Internal Revenue Code
of 1986,
26 U.S.C.
501(c)(3), which provides a
training worksite and supervision for one (1) or more participants.
(15) "Individual employment plan" or "IEP"
means a participant's plan based on:
(a) An
assessment of the participant conducted by the sub-recipient; or
(b) A recent assessment or plan of the
participant developed by another employment and training program and a related
service strategy.
(16)
"Job ready" means an individual does not require further education or training
to perform work that is available in the individual's labor market.
(17) "Limited English proficiency" means an
individual who does not speak English as a primary language and has a limited
ability to read, speak, write, or understand English.
(18) "Low income" means an income that during
the preceding six (6) months on an annualized basis or the actual income during
the preceding twelve (12) months, whichever is more beneficial to the
applicant, is not more than 125 percent more than the poverty levels
established and periodically updated by the United States Department of Health
and Human Services.
(19) "OAA"
means the Older Americans Act,
42 U.S.C.
3001 to
3058ee, as
amended.
(20) "One-Stop center"
means the One-Stop center system in a WIA local area through which One-Stop
partners provide core services and access to other programs and services
carried out by the One-Stop partners.
(21) "One-Stop delivery system" means a
system through which:
(a) Employment and
training programs, services, and activities are available through a network of
One-Stop partners;
(b) Information
about and access to core services is available regardless of where the
individual initially entered the workforce investment system;
(c) Referral to WIA intensive and training
services is available; and
(d)
Access to other activities and programs carried out by other One-Stop partners
is available.
(22)
"Participant" means an individual who is:
(a)
Determined to be eligible for the SCSEP program;
(b) Given a community service assignment;
and
(c) Receiving a service funded
by the SCSEP program.
(23) "Program year" means the one (1) year
period beginning on July 1 and ending on June 30.
(24) "Project" means an undertaking by a
sub-recipient in accordance with a contract agreement between the department
and sub-recipient that provides service to a community and training and
employment opportunities to an eligible individual.
(25) "SCSEP" means the Senior Community
Service Employment Program authorized under Title V of the OAA,
42 U.S.C.
3056n, and administered by the Department of
Labor that serves unemployed low income persons who:
(a) Are fifty-five (55) years of age and
older;
(b) Have poor employment
prospects; and
(c) Need training in
part-time community service assignments, skills, and experience to facilitate
transition to unsubsidized employment.
(26) "Sub-recipient" means the legal entity
to which a sub-award of financial SCSEP assistance is made by the department
and who is accountable to the department for the use of the funds
provided.
(27) "Sub-recipient
agreement" means an agreement between the department and sub-recipient that
provides for transfer of SCSEP funds to the sub-recipient for the purpose of
carrying out the activities authorized in the agreement.
(28) "Supportive services" means services and
incidentals, specified in Section 7 of this administrative regulation, that are
necessary to enable an individual to participate in activities authorized under
the SCSEP.
(29) "Unemployment"
means an individual who is without a job, is available to work and wants to
work, or has occasional employment that does not result in a constant source of
income. (30) "Workforce Investment Act" or "WIA" means the Workforce Investment
Act of 1998,
29
U.S.C.
2801 to 2901, as amended.
Section 2. Eligibility Criteria.
To participate in SCSEP, an applicant shall be:
(1) At least fifty-five (55) years
old;
(2) Unemployed;
(3) An individual or a member of a family
with an income that is not more than 125 percent of the federal poverty
guidelines, updated annually in the Federal Register by the United States
Department of Health and Human Services under authority of
42
U.S.C.
9902(2);
and
(4) A resident of
Kentucky.
Section 3.
Application.
(1) A participant shall not be
considered a federal employee solely as a result of the participant's
participation in the SCSEP.
(2) To
apply for SCSEP, an applicant shall submit official records to a sub-recipient
that substantiate:
(a) The applicant's state
of residence, such as:
1. Driver's
license;
2. State, federal, or
tribal ID card;
3. Social Security
statement;
4. Rental agreement;
or
5. Voter registration
card;
(b) The
applicant's date of birth, such as:
1. Birth
certificate;
2. Driver's
license;
3. Government
identification card; or
4. Social
Security award letter;
(c) The number of individuals residing in the
applicant's household, with documentation such as a:
1. Lease; or
2. Signed attestation:
a. From a third party who has knowledge of
the number of individuals residing in the applicant's household; and
b. That reflects the living situation at the
time of the application;
(d) If applicable, that the applicant has a
disability and shall be considered a family-of-one, with documentation such as:
1. Social Security Disability Insurance
(SSDI) or other Social Security Administration records; and
2. Records indicating disability, such as the
following:
a. Medical records;
b. Disability records;
c. Veteran's medical record;
d. Vocational rehabilitation letter;
or
e. Worker's compensation record;
and
(e)
1. The applicant's employment including
official documents and business records that establish includable income,
military discharge papers, or other military identification; and
2. Attestation that other includable income
does not exist.
(3) An individual selected for participation
in the SCSEP shall participate in the following activities:
(a) Initial orientation;
(b) Initial assessment;
(c) Subsequent assessment as specified in
Section 5(1)(c)2 of this administrative regulation ; and
(d) Development of initial and updated
IEP.
Section
4. Eligibility Determination.
(1) A sub-recipient shall determine an
applicant's initial eligibility through the application process established in
Section 3 of this administrative regulation and annually thereafter.
(2) The sub-recipient shall:
(a) Calculate:
1. The includable income received by the
applicant during the twelve (12) month period ending on the date the applicant
applied; and
2. The annualized
income for the six (6) month period ending on the date the applicant applied;
and
(b) Compute the
applicant's income eligibility using the method identified in paragraph (a) of
this subsection that is more favorable to the applicant.
(3) The following benefit payments shall be
included in SCSEP income eligibility determinations:
(a) Earnings;
(b) Seventy-five (75) percent of benefits
received under Title II of the Social Security Act,
42 U.S.C.
402;
(c) Survivor benefits;
(d) Pension or retirement income;
(e) Interest income;
(f) Dividends;
(g) Rents, royalties, estates, and
trusts;
(h) Educational
assistance;
(i) Alimony;
and
(j) Other inclusions as
authorized by the Department of Labor, pursuant to
20 C.F.R.
641.507 and
641.510.
(4) The following benefit payments shall be
excluded from SCSEP income eligibility determinations:
(a) Unemployment compensation received under
Title XVI of the Social Security Act,
42 U.S.C.
3021;
(b) A payment made to or on behalf of
veterans or former members of the Armed Forces administered under the Secretary
of Veterans Affairs;
(c)
Twenty-five (25) percent of a benefit received under Title II of the Social
Security Act,
42
U.S.C.
401 to
402;
(d) Social Security Income or Social Security
Disability Income; and
(e) Other
exclusions allowed by the Department of Labor, pursuant to
20 C.F.R.
641.507 and
641.510.
(5) Priority for SCSEP shall be
given to an individual who has one (1) or more of the following
characteristics:
(a) Is age sixty-five (65)
years of age or older;
(b) Has a
disability;
(c) Has limited English
proficiency or low literacy skills;
(d) Resides in a rural area;
(e) Has low employment prospects;
(f) Has failed to find employment after using
services provided through the One-Stop delivery system;
(g) Is homeless or at risk for homelessness;
or
(h) Is:
1. A veteran as defined by the Jobs for
Veterans Act,
38
U.S.C
4215(a);
2. The spouse of a veteran who died of a
service-connected disability;
3.
The spouse of a member of the Armed Forces on active duty who has been listed
for a total of more than ninety (90) days as missing in action, captured in the
line of duty by hostile force, or forcibly detained by a foreign government or
power;
4. The spouse of a veteran
who has a total disability resulting from a service connected disability;
or
5. The spouse of a veteran who
died while a disability so evaluated was in existence.
(6) A sub-recipient shall apply
priorities in the following order:
(a) A
veteran or veteran's spouse who:
1. Qualifies
as a covered person under the Job for Veterans Act,
38
U.S.C.
4215(a);
and
2. Possesses at least one (1)
of the priority characteristics specified in subsection (5)(a) through (g) of
this section;
(b) A
veteran or veteran's spouse who:
1. Qualifies
as a covered person under the Job for Veterans Act,
38
U.S.C.
4215(a);
and
2. Does not possess any of the
priority characteristics specified in subsection (5)(a) through (g) of this
section; and
(c) An
individual who:
1. Is not a veteran or
veteran's spouse;
2. Does not
qualify as a covered person under the Jobs for Veterans Act,
38
U.S.C.
4215(a);
and
3. Possesses at least one (1)
of the priority characteristics specified in subsection (5)(a) through (g) of
this section.
Section 5. Enrollment Process.
(1) If an individual is selected for
participation in the SCSEP program, the sub-recipient shall:
(a) Provide orientation to the SCSEP,
including:
1. Information of project goals and
objectives;
2. Community service
assignments;
3. Training
opportunities;
4. Available
supportive services;
5. The
availability of a free physical examination;
6. Participant rights and
responsibilities;
7. Permitted and
prohibited political activities pursuant to the Hatch Act,
5 U.S.C.
7323; and
8. A written copy and verbal review of its
policies for terminating a participant as specified in Section 10(4) of this
administrative regulation;
(b) Assess a participant's work history,
including:
1. Skills and interests;
2. Physical capabilities;
3. Talents;
4. Aptitudes;
5. Needs for supportive services;
6. Occupational preferences;
7. Training needs;
8. Potential for performing community service
assignments; and
9. Potential for
transition to unsubsidized employment;
(c)
1.
Perform an initial assessment upon program entry, unless an assessment has
already been performed under Title I of WIA, 29 U.S.C.
2881 to
2901;
and
2. Perform assessments at least
twice annually, including the initial assessment;
(d) Use the information gathered during an
initial assessment to develop an IEP that includes an employment goal for the
participant, except that an assessment and IEP developed under Title I of WIA
shall satisfy the requirement for SCSEP assessment and IEP in accordance with
42 U.S.C.
641.230;
(e) Update an
IEP to reflect information gathered during subsequent assessments;
(f) Place a participant in a community
service assignment in the community in which the participant resides or a
nearby community;
(g) Provide or
arrange for training identified in a participant's IEP consistent with the
SCSEP's goal of unsubsidized employment;
(h) Assist a participant with supportive
services identified in the participant's IEP;
(i) Provide services for a participant or
refer the participant to services through the One-Stop delivery system
established under WIA;
(j) Provide
counseling to the participant on progress in meeting the goals and objectives
identified in the participant's IEP and in meeting the participant's supportive
service needs;
(k) Provide a
participant with wages and benefits for time spent in the community service
assignment, orientation, and training;
(l) Monitor to ensure a participant's safe
and healthy working conditions at the participant's community services
employment worksite; and
(m) Assist
the participant in obtaining unsubsidized employment, including providing or
arranging for employment counseling in support of the participant's
IEP.
(2) A sub-recipient
shall not enroll a job-ready individual as a SCSEP participant but shall refer
the individual to an employment provider such as a One-Stop Center for job
placement assistance under WIA or another employment program.
Section 6. Participant Training.
(1) In addition to the training provided in a
community service assignment, a sub-recipient may arrange skill training for a
participant, if the training:
(a) Is
consistent with the participant's IEP;
(b) Makes the most effective use of the
participant's skills and talents; and
(c) Prepares the participant for unsubsidized
employment.
(2) If
training is provided, training shall be:
(a)
Before or during a community service agreement;
(b) In the form of:
1. Lectures;
2. Seminars;
3. Classroom instruction;
4. Individual instruction; or
5. On-the-job experiences; or
(c) Through the sub-recipient or
an arrangement with other workforce development programs such as WIA.
(3) A sub-recipient shall pay, if
necessary in accordance with a participant's IEP, for:
(a) Participant training including the
payment of costs of:
1. Instructors;
2. Classroom rental;
3. Training supplies;
4. Materials;
5. Equipment; and
6. Tuition; or
(b) Costs associated with supportive services
as specified in Section 7 of this administrative regulation.
Section 7. Supportive
Services.
(1) A sub-recipient shall, if
necessary in accordance with the participant's IEP, provide directly or arrange
for supportive services identified on a participant's IEP to enable the
participant to successfully participate in the SCSEP project, such as:
(a) Costs of transportation;
(b) Health and medical services;
(c) Special job-related or personal
counseling; or
(d) Incidentals for
work or training, such as:
1. Shoes;
2. Badges;
3. Uniforms;
4. Eyeglasses;
5. Tools;
6. Dependent care;
7. Housing, including temporary shelter;
or
8. Other needs-related payments
for job readiness.
(2) A sub-recipient shall contact a placed
participant throughout the first twelve (12) months following placement to
determine if the participant has the necessary supportive services to remain
employed and to provide or arrange to provide the services if needed.
Section 8. Wages and Benefits.
(1)
(a)
Pursuant to
20
C.F.R.
641.565(a), a
sub-recipient shall pay a participant's wages for time spent in:
1. Orientation;
2. Training; and
3. Community service assignments.
(b) The highest applicable
required wage shall be either the:
1. Minimum
wage applicable under the Fair Labor Standards Act of 1938,
29
U.S.C.
206; or
2. Prevailing rate of pay for persons
employed in similar public occupations by the same employer.
(2) A SCSEP participant
shall be paid the highest applicable required wage while receiving WIA
intensive services.
(3) A
sub-recipient shall:
(a) Make adjustments to
minimum wage rates payable to a participant as required by the Fair Labor
Standards Act,
29
U.S.C.
206;
(b) Ensure that a participant receives
Worker's Compensation pursuant to KRS Chapter 342;
(c) Offer the participant an opportunity to
receive a physical examination annually and inform the participant that:
1. A physical examination is a benefit and
not an eligibility criterion; and
2. A participant may choose not to accept the
physical examination;
(d)
1.
Document a participant's refusal, if applicable, of an annual physical
examination through a signed statement by the participant and within at least
sixty (60) workdays of commencement of the community service
assignment;
2. Each year
thereafter, offer the physical examination and document the offer and a
participant's refusal, if applicable;
(e) Provide compensation for scheduled work
hours during which a host agency's business is closed for a federal holiday,
that shall either be paid or in the form of rescheduled work time;
and
(f) Provide sick leave that is
not part of an accumulated sick leave program that shall either be paid or in
the form of rescheduled work time.
(4) A sub-recipient shall not:
(a) Carry over allowable benefits from one
(1) program year to the next;
(b)
Provide payment or otherwise compensate a participant for unused benefits such
as sick leave or a holiday; and
(c)
Use SCSEP funds:
1. To provide contributions
to a retirement system or plan;
2.
To pay the cost of pension benefits for a program participant;
3. For annual leave;
4. For accumulated sick leave; or
5. For a bonus.
Section 9. Durational
Limits.
(1)
(a) Except as established in subsection (3)
of this section, an eligible individual shall not participate in the SCSEP for
more than forty-eight (48) months in the aggregate.
(b) Consecutive participation shall not be
required, from the later of July 1, 2007, or the date of the individual's
enrollment in the program.
(2) A sub-recipient shall:
(a) Inform a participant, upon enrollment in
the SCSEP, of the time limit specified in subsection (1) of this section and
possible extension in subsection (3) of this section;
(b) Provide for a system to transition a
participant to unsubsidized employment or other assistance before the maximum
enrollment duration has expired;
(c) Reflect the transition in the
participant's IEP; and
(d) Ensure
that a project does not exceed the overall average participation cap for all
participants as described in subsection (4) of this section.
(3) The department may request
from the Department of Labor increased periods of participation beyond
forty-eight (48) months for a participant who:
(a) Has not obtained the participant's IEP
goal; and
(b)
1. Has a severe disability; or
2. Is frail.
(4)
(a)
Except as provided in paragraph (b) of this subsection, a sub-recipient shall
manage its SCSEP project so that it does not exceed an average participation
cap for all participants of twenty-seven (27) months in the
aggregate.
(b) The department may
request an extended average participation period of up to thirty-six (36)
months (in the aggregate) for a particular project area in a given program
year, if the Department of Labor determines that circumstances exist to justify
an extension due to the following:
1. High
rates of unemployment or poverty or participation in the program of block
grants to States for temporary assistance for needy families under part A of
Title IV of the Social Security Act,
42
U.S.C.
601, in the areas served by a
sub-recipient, relative to other areas of the state involved or of the
nation;
2. Significant downturns in
the economy of an area served by the sub-recipient or in the national
economy;
3. Significant numbers or
proportions of participants with one (1) or more barriers to employment,
including "most-in-need" individuals described in
20 C.F.R.
641.710(a)(6), serviced by a
sub-recipient relative to the numbers or proportions for sub-recipients serving
other areas of the state or nation;
4. Changes in federal, state, or local
minimum wage requirements; or
5.
Limited economies of scale for the provision of community service employment
and other authorized activities in the areas served by the
sub-recipient.
(5) An authorized break in participation from
the program shall:
(a) Be considered a formal
leave of absence for the following reasons:
1.
Personal circumstances; or
2. If a
suitable community service assignment is not available;
(b) Be formally entered by the sub-recipient
in the SCSEP Performance and Results Quarterly Performance Reporting (SPARQ)
system; and
(c) Not count toward
the individual time limit specified in subsection (1) of this section or the
average participation cap specified in subsection (4) of this
section.
(6) A host
agency shall notify the sub-recipient of a participant's absence or break in
participation without pay for up to:
(a) Two
(2) weeks approved by the host agency supervisor; or
(b) Sixty (60) calendar days with approval of
the host agency supervisor and sub-recipient staff.
(7) A participant shall be granted a leave of
absence with approval from the department for up to ninety (90) calendar days
in extenuating circumstances such as:
(a)
Illness;
(b) Family care;
or
(c)
Institutionalization.
(8) Except for an extenuating circumstance
specified in subsection (7) of this section, the participant shall request a
leave of absence or approved break in participation from the host agency
supervisor at least five (5) working days prior to the proposed absence or
break.
(9) A sub-recipient may
request a waiver to the state SCSEP coordinator ninety (90) days prior to a
participant reaching the forty-eight (48) month durational limit, if the
participant meets the requirements of subsection (3) of this section.
Section 10. Termination.
(1) A sub-recipient shall give a participant
written notice explaining the reason for termination and grievance procedures
and may terminate the participant thirty (30) days after it has provided the
written notice for the following reasons:
(a)
If the sub-recipient determines that a participant was incorrectly declared
eligible as a result of false information knowingly given by the
individual;
(b) If, during
eligibility verification, the sub-recipient finds a participant is no longer
eligible for enrollment;
(c) If the
sub-recipient determines that it incorrectly determined a participant to be
eligible for the program through no fault of the participant;
(d) For failure to comply with the
requirements of this administrative regulation or for cause, such as:
1. An act or threat of violence;
2. Inappropriate, disrespectful, demeaning,
or abusive behavior such as:
a. Loud, abusive,
profane, foul, obscene, vulgar, crude, insulting, or threatening
language;
b. Inappropriate jokes or
gestures, discriminatory slurs, or sexual comments;
3. Theft or being a party to theft;
4. Dissemination of confidential information
obtained during the course of the participant's community service
assignment;
5. Illegal use,
possession, or sale of prescription medication, alcohol, or drugs; or
6. Intoxication during work hours;
or
(e) Refusal to accept
a reasonable number, in accordance with
20
C.F.R
641.580(e), of job
offers or referrals to unsubsidized employment consistent with the IEP and if
there are no extenuating circumstances that would hinder the participant from
moving to unsubsidized employment.
(2) If a sub-recipient makes an unfavorable
determination of enrollment eligibility, the sub-recipient shall refer the
individual to other potential sources of assistance, such as the One-Stop
delivery system.
(3) If a
sub-recipient terminates a participant, the sub-recipient shall refer the
participant to other potential sources of assistance, such as the One-Stop
delivery system.
(4) A
sup-recipient shall provide a participant, upon enrollment, with a written copy
and verbal review of its policies for terminating a participant as specified in
subsection (1) of this section.
(5)
(a) A participant shall not be terminated
from the SCSEP solely on the basis of age.
(b) A sub-recipient shall not impose an upper
age limit for participation in the SCSEP.
Section 11. Sub-recipient Responsibilities. A
sub-recipient shall:
(1) Provide SCSEP
services throughout the geographic area under its area plan or
proposal;
(2) Adhere to provisions
set forth in the OAA and federal regulations promulgated under the Act, 20
C.F.R. Part
641 ;
(3) Implement and
carry out the SCEP in accordance with the provisions of a sub-recipient
agreement;
(4) Pursuant to
42 U.S.C.
3056(a)(4)(c), enroll and
serve eligible individuals, with the focus on:
(a) Individuals with the greatest economic
need;
(b) Minority
individuals;
(c) Individuals who
are limited English proficiency; and
(d) Individuals with the greatest social
need;
(5) Recruit and
determine the eligibility of SCSEP participants;
(6) Recruit and select host
agencies;
(7) Ensure that a host
agency shall not reduce the number of employment opportunities or vacancies
that would be available to an individual not participating in the
program;
(8) Provide supervision
for SCSEP participants;
(9) Assist
a participant with supportive services identified on the participant's
IEP;
(10) Provide participant wages
and benefits;
(11) Coordinate with
the local Workforce Investment Board initiatives and programs including
co-enrollment of SCEP participants;
(12) Monitor for a participant's safe and
healthy working conditions;
(13)
Permit staff of the department and the district to monitor and evaluate
provided SCSEP services;
(14)
Monitor that each paid or volunteer staff member meets the qualification and
training requirements of SCSEP;
(15) Develop a policy and procedure for a
referral for service to other programs and services in accordance with a
participant's IEP;
(16) Work with a
participant to ensure the participant is:
(a)
Receiving SCSEP services; and
(b)
Taking actions designed to help achieve the participant's goals;
(17) Contact private and public
employers directly or through the One-Stop delivery system to develop or
identify unsubsidized employment opportunities;
(18) Encourage host agencies to assist a
participant in the participant's transition to unsubsi-dized employment,
including unsubsidized employment in the host agency;
(19) Adhere to other sub-recipient
requirements set forth in this administrative regulation; and
(20) Submit required SCSEP data monthly to
the Department of Labor, pursuant to
20
C.F.R.
641.700.
Section 12. Department Responsibilities. The
department shall:
(1) Develop and implement
the state SCSEP plan with the assistance of sub-recipients and national SCSEP
providers;
(2) Have an equitable
distribution of authorized positions in the aggregate;
(3) Adhere to provisions set forth in the
Older Americans Act and federal regulations promulgated under the Act, 20
C.F.R. Part
641 ;
(4) Pursuant to
42 U.S.C.
3056(a)(4)(c), enroll and
serve eligible individuals, with the focus on:
(a) Individuals with the greatest economic
need;
(b) Minority
individuals;
(c) Individuals who
are limited English proficiency; and
(d) Individuals with the greatest social
need;
(5) Provide a
sub-recipient with:
(a) Technical assistance
related to SCSEP;
(b) SCSEP
information required to accomplish the sub-recipient's agreement
responsibilities; and
(c) Annual
SCSEP training;
(6)
Monitor the performance of the sub-recipient for compliance with the terms,
conditions, and performance criteria included within the sub-recipient
agreement;
(7) Submit required
SCSEP data quarterly to the Department of Labor, pursuant to
20
C.F.R.
641.700;
(8) Review performance measures on a
quarterly basis and relay that information to each sub-recipient;
(9)
(a)
Allocate SCSEP funds to a sub-recipient; and
(b) Monitor the sub-recipient:
1. For use of the allocated funds;
and
2. To ensure the nonfederal
share of the total SCSEP costs shall be used for in-kind services at a fair
market value to services and facilities contributed; and
(10) Adhere to performance
measures and indicators as determined by the U.S. Department of Labor annually,
pursuant to
20
C.F.R.
641.700.
Section 13. Grievance Procedures.
(1)
(a) A
participant receiving services from a contract agency of the sub-recipient may
request a local resolution with the contract agency. The request shall be made
within thirty (30) calendar days of receipt of denial for eligibility or
termination of services.
(b) If the
participant is dissatisfied with the results of the local resolution with the
contract agency, the participant may request a local resolution with the
sub-recipient. The request shall be made within thirty (30) calendar days of
receipt of the results of the local resolution.
(c) If the participant is dissatisfied with
the results of the local resolution with the sub-recipient, the participant may
request a state administrative hearing.
1. The
hearing shall be in accordance with KRS Chapter 13B.
2. The participant shall submit a written
request to the department within thirty (30) days after receipt of the results
of the local resolution.
(2)
(a) A
participant receiving services from a sub-recipient may have a local resolution
with the sub-recipient. The local resolution shall be made within thirty (30)
calendar days of receipt of denial for eligibility or termination of
services.
(b) If the participant is
dissatisfied with the results of the local resolution with the sub-recipient,
the participant may request a state administrative hearing.
1. The hearing shall be in accordance with
KRS Chapter 13B.
2. The participant
shall submit a written request to the department within thirty (30) days after
receipt of the results of the local resolution.