In accordance with section
5116.10 of the
Revised Code, each individual who is an in-school youth or out-of-school youth
that is age fourteen to twenty-four under the Workforce Innovation and
Opportunity Act (WIOA) (2014) shall participate in the comprehensive case
management and employment program (CCMEP) as a condition of enrollment in
workforce development activities funded by the temporary assistance for needy
families (TANF) block grant or WIOA if the local workforce development board
authorizes the use of WIOA youth program funds for CCMEP.
(A) Definitions
(1) "Attending school" means when an
individual is enrolled in and/or attending a secondary or post-secondary
school
, including alternative secondary school services
as referenced in section
3313.533
of the Revised Code.
(2)
"Basic skills deficient" means a youth who has English reading, writing, or
computing skills at or below the eighth grade on a generally accepted
standardized test or who is unable to compute or solve problems, or read,
write, or speak English at a level necessary to function on the job, in the
individual's family, or in society.
(3) "Compulsory school attendance"
means the requirement for children between six and eighteen years of age to
attend school under Ohio law.
(3)
"Charter school"
means a public, nonprofit, nonsectarian, tuition-free school operating
independently of a school district, but under contract with a sponsor that has
been approved by the Ohio department of education (ODE).
(4)
"Comprehensive
case management and employment program" (CCMEP) means the integrated
intervention program that combines the TANF and WIOA youth program to provide
employment and training services to individuals ages fourteen through
twenty-four years based upon a comprehensive assessment of the individual's
needs.
(5)
"Covered Individual" means an eligible WIOA youth who
is an in-school youth, or an out-of-school youth who is low income and meets
one of the following criteria:
(a)
Has a secondary school diploma or its recognized
equivalent and is basic skills deficient or an English language
learner.
(b)
Requires additional assistance to enter or complete an
education program or to secure or hold employment.
(4)
(6)
"English language learner" means an individual who has limited ability in
reading, writing, speaking, or comprehending the English language, and whose
native language is a language other than English or who lives in a family or
community environment where a language other than English is the dominant
language.
(5)
(7) "Family" means per
20 C.F.R.
675.300 (08/2016), two or more persons
related by blood, marriage, or decree of court, who are living in a single
residence and are included in one or more of the following categories:
(a) A married couple and dependent
children.
(b) A parent or guardian
and dependent children.
(c) A
married couple.
(6)
(8) "Homeless children
and youths"
(section 725 (2) of the McKinney-Vento
Homeless Assistance Act, 42 U.S.C. 11434a as in effect on January 1,
2016)
as defined in
42 U.S.C. 11434a as in effect on January 1, 2019
means individuals who lack a fixed, regular, and adequate nighttime residence
and includes the following:
(a) Children and
youths who are sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate
accommodations; are living in emergency or transitional shelters;
or are abandoned in hospitals;
or are awaiting foster care
placement;
(b) Children
and youths who have a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation
for human beings;
(c) Children and
youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
(d) Migratory children who qualify as
homeless because the children are living in one of the previously mentioned
circumstances.
(7)
(9) "Homeless
individual"
(Violence Against Women Act, 42 U.S.C. 14043e-2 as in effect on January 1, 2016)
as
defined in 42 U.S.C. 14043e-2(6) as in effect on
January 1, 2019 means an individual who lacks a fixed, regular, and
adequate nighttime residence and includes:
(a)
An individual who:
(i) Is sharing the housing
of other persons due to loss of housing, economic hardship, or a similar
reason;
(ii) Is living in a motel,
hotel, trailer park, or campground due to the lack of alternative adequate
accommodations;
(iii) Is living in
an emergency or transitional shelter;
(iv) Is abandoned in a hospital; or
(v) Is awaiting foster care
placement.
(b) An
individual who has a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation
for human beings; or
(c) Migratory
children who qualify as homeless because the children are living in
circumstances listed in this paragraph.
(8)(10) "Individual with a
disability" means, per section 3 (25) of WIOA, an individual with a disability
as defined in section 3 of the Americans with Disabilities Act of 1990
, (42 U.S.C.
12102 as in effect on
January 1,
2016
2019).
(9)
(11) "Low-income
individual" means an individual who:
(a)
Receives, or in the past six months has received, or is a member of a family
that is receiving or in the past six months has received, assistance through
the supplemental nutrition assistance program (SNAP) established under the Food
and Nutrition Act of 2008, the
program of block
grants to States for temporary assistance for needy families
(TANF)
TANF program under part A of title
IV of the Social Security Act, or the supplemental security income (SSI)
program established under title XVI of the Social Security Act or state or
local income-based public assistance;
(b) Is in a family with a total family income
that does not exceed the higher of:
(i) The
poverty line; or
(ii) Seventy per
cent of the lower living standard income level;
(c) Is a homeless individual or a homeless
child or youth;
(d) Receives or is
eligible to receive
a free or
reduced price
reduced-price lunch under the Richard B. Russell
National School Lunch Act (02/2014). This does not include students in school
districts participating in the community eligibility provision (CEP) Healthy,
Hunger-Free Kids Act of 2010 as in effect January 1,
2016
2019);
(e) Is a foster child on behalf of whom state
or local government payments are made; or
(f) Is an individual with a disability whose
own income meets the income eligibility requirements of paragraph
(A)(9)(b)
(A)(11)(b) of this rule, but who is a member of a
family whose income does not meet this requirement
as
permitted in WIOA under section 3(36)(A)(vi) and 20 C.F.R. part 681.280
.
(10)
(12) "Offender"
means, per section 3 (38) of WIOA, an adult or juvenile who:
(a) Is or has been subject to any stage of
the criminal justice process, and for whom services under WIOA may be
beneficial; or
(b) Requires
assistance in overcoming
artificial barriers to
employment resulting from a record of arrest or conviction.
(11) "School" means, for the
purposes of WIOA youth program eligibility, any school operated by a board of
education, any community school established under Chapter 3314. of the Revised
Code, any non-public school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code, and post-secondary
schools (including community colleges, four-year colleges, universities, and
technical and trade schools). It does not include attending classes offered
through, aspire, youthbuild, job corps, high school equivalence programs
(except those funded by the public K-12 school system), and dropout
re-engagement programs.
(13)
"Postsecondary
school" means any schooling that follows graduation from high school or
completion of high school equivalency, including community colleges, four-year
colleges and universities, and technical and trade schools.
(12)
(14)
"School dropout" means, as defined in section 3(54) of WIOA
and for the purposes of WIOA youth program
eligibility, an individual who is no longer
enrolled in secondary school
attending any school and has not received a
secondary school diploma or its recognized equivalent.
(15)
"School year
calendar quarter" means the timeframe identified as an academic quarter by the
local school district or charter school that a youth last attended, or the
calendar quarter if not defined by the district or school.
(16)
"Secondary
school" means a school operated by a board of education, an alternative school
established under section
3313.533
of the Revised Code, a community school established under Chapter 3314. of the
Revised Code, or a nonpublic school for which the state board of education
prescribes minimum standards under section
3301.07
of the Revised Code that provides secondary education as determined under state
law, except that the term does not include any education beyond grade
twelve.
(B) How
does a youth enroll in workforce development activities
under WIOA funding?
Enrollment begins with completing the JFS 03002 "WIOA Youth
Program Eligibility Application" (rev. 10/2017
1/2018) and
includes:
(1) The collection of
information necessary to support a WIOA youth program eligibility
determination;
(2) The completion
of the comprehensive assessment per rule
5101:14-1-04 of the Administrative Code.
(3)
The completion of an individual opportunity plan
(IOP) as described in rule
5101:14-1-04 of the Administrative Code.
(4) The
provision of one or more services described in rule
5101:14-1-02 of the Administrative Code.
(C) Who is eligible for CCMEP?
The following individuals who are at least fourteen but not
more than twenty-four years of age are eligible to participate in CCMEP:
(1) Participants in the Ohio works first
(OWF) program that have been determined to be work-eligible in accordance with
rule
5101:1-3-12 of the Administrative Code are required to participate in CCMEP.
(2) Any OWF participant that has not been
determined to be a work-eligible individual in accordance with rule
5101:1-3-12 of the Administrative Code may volunteer to participate in CCMEP.
(3) Each in-school youth, or out-of-school
youth registered for a WIOA program who is considered to have a barrier to
employment under WIOA is required to participate in CCMEP unless the local
workforce development board did not authorize the use of WIOA youth program
funds for CCMEP.
(4) Any individual
receiving benefits and services under the prevention, retention, and
contingency (PRC) program who volunteers for CCMEP within ninety calendar days
of the date that PRC benefits or services are received.
(D) Who is an in-school youth?
An in-school youth is an individual who is attending school,
including secondary and postsecondary school, not
younger than fourteen years or (unless an individual
with a disability who is attending school under state law) older than
age twenty-one years (unless an individual with a
disability who is attending school under state law); is a low-income
individual; and has one or more of the following barriers:
(1) Basic skills deficient;
(2) An English language learner;
(3) An offender;
(4) A homeless individual
(as defined in section 41403(6) of the Violence
Against Women Act of 1994 ( 42 U.S.C. 14043e-2(6))), a homeless child
or youth
(as defined in section 725 (2) of the
McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2))), or a
runaway;
(5) An individual in
foster care or who has aged out of the foster care system or has attained
sixteen years of age and left foster care for kinship guardianship or adoption,
a child eligible for assistance under John H. Chafee foster care independence
program, or in an out-of-home placement;
(6) An individual who is pregnant or
parenting (
who may be a custodial or
non-custodial mother or father);
(7) An individual with a disability;
or
(8) An individual who requires
additional assistance to complete an education program or to secure or hold
employment as defined
in the state plan and by
the local
workforce development board
policy.
(E) Who is an out-of-school youth?
An out-of-school youth is an individual who is not attending
any school; not younger than sixteen years or older than age twenty-four years;
and has one or more of the following barriers:
(1) A school dropout;
(2) A youth who is
within the age of compulsory school attendance but
not younger than sixteen years, who is younger than
eighteen years, who has not attended school for at least the most recent
complete school year calendar quarter
and who is not
excluded from school attendance requirements per section
3321.03
of the Revised Code;
(3) A
recipient of a secondary school diploma or its recognized equivalent who is a
low income
low-income individual and is basic skills deficient or
an English language learner;
(4)
An offender;
(5) A homeless
individual
(as defined in section 41403(6) of the
Violence Against Women Act of 1994 ( 42 U.S.C. 14043e-2(6))), a homeless child
or youth (as defined in section 725 (2) of the McKinney-Vento Homeless
Assistance Act ( 42 U.S.C. 11434a(2))),
a
homeless child or youth or a runaway;
(6) An individual in foster care or who has
aged out of the foster care system or has attained sixteen years of age and
left foster care for kinship guardianship or adoption, a child eligible for
assistance under the John H. Chafee foster care independence program, or in an
out-of-home placement;
(7) An
individual who is pregnant or parenting (
who may
be
the
a
custodial or noncustodial mother or father);
(8) A youth who is an individual with a
disability; or
(9) A low-income
individual who requires additional assistance to enter or complete an
educational program or to secure or hold employment as defined
in the state plan and by
the local workforce development board
local policy.
(F)
What criteria
are used to determine whether an applicant is an in-school youth or
out-of-school youth?
(1)
For the purposes of determining in-school status, the
school attended may be either a secondary school (including alternative
secondary school services) or postsecondary school. If the youth participant is
enrolled in credit-bearing postsecondary classes, including credit-bearing
community college and credit-bearing continuing education classes, he or she is
attending postsecondary education and is an in-school youth. If the youth is
only enrolled in non-credit bearing postsecondary classes, he or she would be
considered out-of-school.
(2)
For the purposes of WIOA school status, the following
are not considered to be schools, so youth enrolled only in these programs are
out-of-school youth:
(a)
Adult education programs under Title II of WIOA (in
Ohio, called aspire);
(b)
Youthbuild programs; and
(3)
Youth enrolled in high school equivalency programs and
dropout re-engagement programs are also generally considered out-of-school
unless the program is funded by the public K-12 school system and the youth is
enrolled in the school system, in which case the youth is
in-school.
(4)
If a youth is determined eligible for the WIOA youth
program during the summer and is in between school years, the youth is
considered an in-school youth if enrolled to continue school in the fall. A
youth who is determined eligible for the WIOA youth program between high school
graduation and postsecondary education is considered an in-school youth once he
or she has registered for postsecondary courses (i.e., when courses for the
upcoming term have been selected and confirmed) even if classes have not yet
begun. However, if a youth who completed secondary education has not yet
registered for postsecondary courses at the time of eligibility determination,
he or she is an out-of-school youth, even if he or she has been accepted into a
postsecondary education program.
(5)
Regardless of
paragraph (F)(4) of this rule, a secondary student earning postsecondary credit
through the college credit plus program defined in Chapter 3365. of the Revised
Code who intends to continue attending the same postsecondary school after
graduating secondary school remains an in-school youth during the period
between completion of secondary school and enrollment in the postsecondary
school.
(6)
For the purposes of this rule, if a child is being
homeschooled in accordance with the requirements of ODE, the child is in
school.
(F)
(G) Whose income is
used when determining low-income status?
If the individual is a part of a family and is under eighteen
years of age, living with parent(s) or guardian(s), and is receiving support
from them or if the individual is ages eighteen to twenty-four years and the
parent(s) or guardian(s) pay(s) for more than fifty per cent of the
individual's support, the individual is considered to be dependent on the
parent(s) or guardian(s) and their income must be used to determine WIOA youth
program eligibility unless the individual has a disability per paragraph (A)
(8) of this rule. Verification of dependent status and means of support
must
shall be
documented for each youth program participant.
(G)
(H)
Is an individual considered a low-income individual if he or she resides in a
high-poverty area?
If the poverty rate for a county, census
track
tract or
a set of contiguous census tracts where an individual resides is at least
twenty-five per cent using the American community survey
five year
five-year data, the individual
may be
is
considered low income for purposes of determining WIOA youth eligibility.
The website containing this information is
www.FactFinder.Census.Govhttp://
.
(I)
Is
there an exception that permits services to be provided to covered individuals
who are not low income?
Youth participants whose eligibility
criteria require them to be low-income individuals are defined as covered
individuals. Up to five per cent of a local area's covered individuals may be
enrolled in the youth program if they meet all other eligibility criteria
except the low-income criterion. In a program year, the number of newly
enrolled covered individuals who are not low-income cannot exceed five per cent
of the local area's total new enrollments of covered individuals.
(H)
(J) When is school status determined?
School status is determined at the time of program enrollment.
Because the process of program enrollment can occur over a period of time,
school status must
shall be based on the status at the time the
eligibility determination is made. Once the school status of a youth is
determined, the school status remains the same throughout the youth's
participation in CCMEP, unless the youth exits from the
program, reapplies, and is again determined eligible.
(I)
(K)
Who is an individual requiring additional assistance to enter or complete an
education program or to secure or hold employment?
An individual who requires additional assistance to enter or
complete an education program or to secure or hold employment is one that is
receiving, or has received in the past six months, SNAP, TANF, or SSI
per the state plan, or who meets other criteria established by the local
workforce development board. The local workforce
development board shall establish definitions and eligibility documentation
requirements to verify that the local criteria have been met. The local area's
policy should be reasonable, quantifiable, and based on evidence that the
specific characteristics of the youth identified in the policy objectively
require additional assistance. Of the total in-school youth enrolled by a local
area during a program year, no more than five per cent may be individuals who
require additional assistance to complete an education program or to secure or
hold employment.
(J)
(L) Is there any
eligibility requirement for an individual to be a citizen of the United States?
Per section 188 (a)(5) of WIOA, in order to be eligible for the
WIOA youth program, an individual must
shall be authorized to work in the United States by
being a citizen or national of the United States; lawfully admitted permanent
resident alien, refugee, asylee or parolee, or other immigrant authorized by
the attorney general to work in the United States.
(K)
(M)
Is there an eligibility requirement to register for the selective service?
In order to
To be
eligible for the WIOA youth program, males ages eighteen and over
must
shall
have fulfilled the registration requirements of the Military Selective Service
Act as in effect on January 1, 2016
2019. If a male reaches his
eighteenth birthday during WIOA program participation, he shall register for
the selective service to continue receiving WIOA youth program services. A male
youth applicant who is eighteen years old or older who has not registered for
the selective service or who is unwilling to register will be denied any WIOA
program services.
(L)
(N) Is there a process
for determining WIOA youth program eligibility when a close
relationships
relationship exists between the individual and any
stakeholders of the workforce development system?
All individuals
Every individual applying for the WIOA youth program
are
is
required to document whether or not a
on the JFS 03002 any close relationship
exists between the
that individual and
has with any
stakeholder in the workforce development system on
the JFS 03002. If a relationship does exist, the internal process
developed by the local workforce development board must
shall be followed
to ensure that a transparent assessment of the individual's eligibility and
development of the individual opportunity plan
has
IOP have been conducted with no
personal or business relationship, bias, special interest, or prejudice.
(M)
(O) Are there funding limitations in the WIOA youth
program?
(1) For any program year, not less
than seventy-five per cent of WIOA youth formula funds available shall be used
to provide youth workforce activities for out-of-school youth. The local
workforce development board has the authority to use one hundred per cent of
WIOA youth formula funds on out-of-school youth.
(2) Up to five per cent of in-school
and out-of-school youth may be individuals who would be eligible for the WIOA
youth program, except that the individual is not low-income.
(3) Not more than five per cent of
in-school youth may be eligible based upon the individual barrier being that
the individual requires additional assistance to complete an educational
program or to secure or hold employment.
(4)
(2) A
minimum of twenty per cent of the total local area youth formula funds shall be
spent on work experience.
(N)
(P) How is WIOA youth
program eligibility verified?
WIOA youth program eligibility must
shall be verified
or confirmed through an examination of documents. The United States department
of labor provides guidance for the specific types of source documents that
must
are to be
used to verify participant eligibility.
Notes
Ohio Admin. Code 5101:10-3-01
Five Year Review (FYR) Dates:
10/26/2021 and
10/26/2026
Promulgated
Under: 119.03
Statutory Authority: 5116.06
Rule
Amplifies: 5116.01, 5116.02, 5116.03, 5116.06, 5116.10, 5116.11, 5116.12,
5116.20, 5116.22, 5116.23, 5116.24, 5116.25
Prior Effective Dates:
03/24/2016, 10/01/2017, 03/25/2019
Effective:
3/25/2019
Five Year Review (FYR) Dates:
3/24/2021
Promulgated Under:
119.03
Statutory Authority:
5116.06
Rule
Amplifies:
5116.01,
5116.25,
5116.24,
5116.23,
5116.22,
5116.21,
5116.20,
5116.12,
5116.11,
5116.10,
5116.06,
5116.03,
5116.02
Prior Effective Dates: 03/24/2016,
10/01/2017