TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
PART 2600 SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES
SECTION 2600.20 DEFINITIONS


 

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 7th grade level,

 

math skills below the 7th 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)