Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 12 - Senior Community Service Employment Program (SCSEP) › Part 1 - INTRODUCTION › Section 340:105-12-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this
					 Subchapter, shall have the following meanings as applicable to the Senior
					 Community Service Employment Program (SCSEP), per Section 641.140 of Title 20
					 of the Code of Federal Regulations (20 C.F.R. §
											641.140) , unless the context clearly
					 indicates otherwise:
"Additional indicators"
means retention in
					 unsubsidized employment for one year; participant satisfaction, employers, and
					 host agencies per the services provided; and other indicators of performance
					 that the United States (U.S.) Department of Labor (DOL) Secretary (Secretary)
					 determines appropriate to evaluate services and performance, per Section
					 513(b)(2) of the Older Americans Act (OAA § 513(b)(2)).
"At risk for homelessness"
means an individual
					 is likely to become homeless and he or she lacks the resources and support
					 networks needed to obtain housing.
"Authorized position level"
means the number
					 of SCSEP enrollment opportunities that can be supported for a 12-month period
					 based on the average national unit cost. The authorized position level is
					 derived by dividing the total amount of funds appropriated for a program year
					 by the national average unit cost per participant for that program year as
					 determined by the United States (U.S.) Department of Labor (DOL). The national
					 average unit cost includes all costs of administration, other participant
					 costs, and participant wage and benefit costs as defined in OAA § 506(g).
"Co-enrollment"
means any individual who meets
					 the qualifications for SCSEP participation and is also enrolled as a
					 participant in Workforce Innovation and Opportunity Act (WIOA) or another
					 employment and training program, as provided in the Individual Employment Plan.
"Community service"
means:
(A) social, health, welfare, and educational services
					 including literacy tutoring, legal and other counseling services and
					 assistance, including tax counseling and assistance and financial counseling,
					 and library, recreational, and other similar services;
(B) conservation, maintenance, or restoration of natural
					 resources;
(C) community betterment or beautification;
(D) antipollution and environmental quality efforts;
(E) weatherization activities;
(F) economic development; and
(G) other such services essential and necessary to the
					 community as the Secretary determines by rule to be appropriate.
"Community service assignment"
means
					 part-time, temporary employment paid with grant funds in projects at host
					 agencies through which eligible individuals are engaged in community service
					 and receive work experience and job skills that can lead to unsubsidized
					 employment.
"Core indicators"
means hours, in the
					 aggregate, of community service employment; entry into unsubsidized employment;
					 retention in unsubsidized employment for six months; earnings; the number of
					 eligible individuals served; and most-in-need.
"Core services"
means services described in
					 Section 134(d)(2) of the Workforce Innovation and Opportunity Act (WIOA).
"Department"
or
"DOL"
means the
					 U.S. Department of Labor, including its agencies and organizational units.
"Disability"
means a disability attributable
					 to a mental or physical impairment, or a combination of mental and physical
					 impairments that results in substantial functional limitations in one or more
					 areas of major life activity, per Section 3002(13) of Title 42 of the United
					 States Code (42 U.S.C. §
											3002(13)) The areas
					 are:
(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; and
(I) emotional adjustment.
"Equitable distribution report"
means a report
					 based on the latest available Census or other reliable data that lists the
					 optimum number of participant positions in each designated area in the state,
					 and the number of authorized participant positions each sub-grantee serves in
					 that area, taking into account the needs of under served counties and
					 incorporated cities as necessary. This report provides a basis for improving
					 the distribution of SCSEP positions.
"Frail"
means an individual 55 years of age
					 and older who is determined to be functionally impaired because he or she is
					 unable to perform at least two activities of daily living without substantial
					 human assistance, including verbal reminding, physical cueing, or supervision;
					 or at the option of the State, is unable to perform at least three such
					 activities without such assistance; or due to a cognitive or other mental
					 impairment, requires substantial supervision because the individual behaves in
					 a manner that poses a serious health or safety hazard to the individual or to
					 another individual.
"Grant period," "project period,"
or
"award period"
means the time period between the effective date of
					 the grant award and the ending date of the award, including any modifications
					 extending the period of performance, whether by the DOL's exercise of options
					 contained in the grant agreement or otherwise.
"Greatest economic need"
means the need
					 resulting from an income level at or below the poverty guidelines established
					 by the U.S. Department of Health and Human Services and approved by the Office
					 of Management and Budget (OMB).
"Greatest social need"
means the need caused
					 by non-economic factors that include physical and mental disabilities; language
					 barriers; and cultural, social, or geographical isolation, including isolation
					 caused by racial or ethnic status, which restricts the ability of an individual
					 to perform normal daily tasks or threatens the capacity of the individual to
					 live independently.
"Homeless"
means, per
					 42 U.S.C. §
											11302(a), an individual who
					 lacks a fixed, regular, and adequate nighttime residence; and an individual who
					 has a primary nighttime residence that is
(A) a supervised publicly or privately operated shelter
					 designed to provide temporary living accommodations, including welfare hotels,
					 congregate shelters, and transitional housing for the mentally ill;
(B) an institution that provides a temporary residence for
					 individuals intended to be institutionalized; or
(C) a public or private place not designed for, or
					 ordinarily used as, regular sleeping accommodations for human beings.
"Host agency"
means a public agency or a
					 private nonprofit organization exempt from taxation under 501(c)(3) of the
					 Internal Revenue Code of 1986 that provides a training work site and
					 supervision for one or more participants. Political parties cannot be host
					 agencies. A host agency may be a religious organization as long as the projects
					 in which participants are trained do not involve the construction, operation,
					 or maintenance of any facility used, or to be used, as a place for sectarian
					 religious instruction or worship.
"Individual employment plan (IEP)"
means a
					 plan for a participant based on his or her job assessment conducted by the
					 sub-grantee or sub-recipient, or a recent assessment or plan developed by
					 another employment and training program, and a related service strategy.
"Intensive services"
means services authorized
					 by Section 134(d)(3) of the Workforce Investment Act (WIA § 134(d)(3)).
"Jobs for Veterans Act"
means
					 Public
					 Law 107-288 (2002). Section 2(a) of the Jobs for
					 Veterans Act, codified at
					 38
					 U.S.C. §
											4215(a),
					 provides a priority of service DOL employment and training programs for
					 veterans, and certain spouses of veterans, who otherwise meet the eligibility
					 requirements for participation. Priority is extended to veterans. Priority is
					 also extended to the spouse of a veteran who died of a service-connected
					 disability; the spouse of a member of the Armed Forces on active duty who has
					 been listed for a total of more than 90-calendar days as missing in action,
					 captured in the line of duty by a hostile force, or forcibly detained by a
					 foreign government or power; the spouse of any veteran who has a total
					 disability resulting from a service connected disability; and the spouse of any
					 veteran who died while a disability was in existence, per
					 20
					 C.F.R. §
											641.520(b).
"Job ready"
means individuals who do not
					 require further education or training to perform work that is available in
					 their labor market.
"Limited English proficiency"
means
					 individuals who do not speak English as their primary language and who have a
					 limited ability to read, speak, write, or understand English.
"Local Board"
means a Local Workforce
					 Investment Board established, per WIA § 117.
"Local Workforce Investment Area"
or
"local area"
means an area designated by the Governor of
					 Oklahoma, per WIA § 116.
"Low employment prospects"
means the
					 likelihood that an individual will not obtain employment without the assistance
					 of SCSEP or another workforce development program. Persons with low employment
					 prospects have a significant barrier to employment. Significant barriers to
					 employment may include, but are not limited to, lacking a substantial
					 employment history, basic skills, or English-language proficiency; lacking a
					 high school diploma or the equivalent; having a disability; being homeless; or
					 residing in socially and economically, isolated rural or urban areas where
					 employment opportunities are limited.
"Low literacy skills"
means the individual
					 computes or solves problems, reads, writes, or speaks at or below the eighth
					 grade level or is unable to compute or solve problems, read, write, or speak at
					 a level necessary to function on the job, in the individual's family, or in
					 society.
"Most-in-need"
means participants with one or
					 more of the characteristics in (A) through (M). Participants who:
(A) have a severe disability;
(B) are frail;
(C) are 75 years of age and older;
(D) are age-eligible, but are not receiving benefits under
					 Title II of the Social Security Act;
(E) reside in an area with persistent unemployment and have
					 severely limited employment prospects;
(F) have limited English proficiency;
(G) have low literacy skills;
(H) have a disability;
(I) reside in a rural area;
(J) are veterans;
(K) have low employment prospects;
(L) have failed to find employment after using services
					 provided per Title I of the WIOA of 2016, per
					 29
					 U.S.C. §
											2801 et seq.; or
(M) are homeless or at risk for homelessness, per OAA
					 § 513(b)(1)(E).
"National sub-grantee"
means a public or
					 non-profit private agency or organization, or Tribal organization, that
					 receives a grant, per Title V of the OAA
					 42 U.S.C.
					 §
											3056 et seq. to administer a SCSEP
					 project, per OAA § 506(g)(5).
"Native American"
means a person who is a
					 member of a Native American tribe.
"Native American tribe"
means any tribe, band,
					 nation, or other organized group or community of Native Americans, including an
					 Alaska Native village or regional or village corporation as defined in or
					 established pursuant to the Alaska Native Claims Settlement Act,
					 43 U.S.C.
					 §§
											1601 et seq., per
					 42
					 U.S.C. §
											3002(27) that
					 is:
(A) recognized as eligible for the special programs and
					 services provided by the United States to Native Americans because of their
					 status as Native Americans; or
(B) located on, or in proximity to, a Federal or State
					 reservation or rancheria.
"OAA"
means the Older Americans Act,
					 42 U.S.C. §§
											3001 et seq., as amended.
"One-Stop Center"
means the One-Stop Center
					 system in a WIOA local area that must include a comprehensive One-Stop Center
					 through which One-Stop partners provide applicable core services and provides
					 access to other programs and services carried out by the One-Stop partners, per
					 WIOA § 134(c)(2).
"One-Stop delivery system"
means a system
					 under which employment and training programs, services, and activities are
					 available through a network of eligible One-Stop partners, ensuring information
					 about, and access to, core services is available regardless of where the
					 individuals initially enter the workforce investment system, per WIOA §
					 134(c)(2).
"One-Stop partner"
means an entity described
					 in the WIOA § 121(b)(1), such as required partners, or an entity described
					 in WIOA § 121(b)(2).
"Other participant (enrollee) costs"
means the
					 costs of participant training, including the payment of reasonable costs to
					 instructors, classroom rental, training supplies, materials, equipment, and
					 tuition, that may be provided before or during a community service assignment,
					 in a classroom setting, or under other appropriate arrangements; job placement
					 assistance, including job development and job search assistance; participant
					 supportive services to enable a participant to successfully participate in a
					 project, including the payment of reasonable costs of transportation, health
					 care and medical services, special job-related or personal counseling,
					 incidentals, such as work shoes, badges, uniforms, eyeglasses, and tools, child
					 and adult care, temporary shelter, and follow-up services; and outreach,
					 recruitment and selection, intake orientation, and assessments, per OAA §
					 502(c)(6)(A)(ii)-(v).
"Pacific Island Americans and Asian Americans"
means Americans having origins in any of the original peoples of the Far East,
					 Southeast Asia, the Indian Subcontinent, or the Pacific Islands, per OAA §
					 518(a)(5).
"Participant"
means an individual who is
					 determined to be eligible for SCSEP, is given a community service assignment,
					 and is receiving any service funded by the program.
"Persistent unemployment"
means the annual
					 average unemployment rate for a county or city is more than 20 percent higher
					 than the national average for two out of the last three years.
"Poor employment prospects"
means the
					 significant likelihood that an individual will not obtain employment without
					 the assistance of the SCSEP or another workforce development program. Persons
					 with poor employment prospects have a significant barrier to employment;
					 significant barriers to employment include, but are not limited to:
(A) lacking a substantial employment history, basic skills,
					 or English-language proficiency;
(B) lacking a high school diploma or the equivalent;
(C) having a disability;
(D) being homeless; or
(E) residing in socially and economically isolated rural or
					 urban areas where employment opportunities are limited.
"Program operator"
means a sub-grantee or
					 sub-recipient that receives SCSEP funds from a SCSEP sub-grantee or a
					 higher-tier SCSEP sub-recipient and performs the activities in (A) through (C)
					 for all its participants. The activities are:
(A) eligibility determination;
(B) participant assessment; and
(C) development of and placement into community service
					 assignments.
"Program Year"
means the one-year period
					 beginning on July 1 and ending on June 30.
"Project"
means an undertaking by a
					 sub-grantee or sub-recipient in accordance with a grant or contract agreement
					 that provides service to communities and training and employment opportunities
					 to eligible individuals.
"Recipient"
means sub-grantee. As used here,
					 "recipient" includes "recipient" as defined in 2 C.F.R. § 200(gg) and
					 "sub-grantee" as defined in 2 C.F.R. § 200.
"Residence"
means an individual's declared
					 dwelling place or address as demonstrated by appropriate documentation.
"Rural"
means an area not designated as a
					 metropolitan statistical area by the Census Bureau; segments within
					 metropolitan counties identified by codes 4 through 10 in the Rural Urban
					 Commuting Area (RUCA) system; and RUCA codes 2 and 3 for census tracts that are
					 larger than 400 square miles and have population density of less than 30 people
					 per square mile.
"SCSEP"
means the Senior Community Service
					 Employment Program authorized under Title V of the OAA.
"Secretary"
means the Secretary of the U.S.
					 Department of Labor.
"Service area"
means the geographic area
					 served by a local SCSEP project in accordance with a grant agreement.
"Severe disability"
means a severe, chronic
					 disability attributable to mental or physical impairment, or a combination of
					 mental and physical impairments, per
					 42
					 U.S.C. 3002(48):
(A) is likely to continue indefinitely; and
(B) results in substantial, functional limitation in three
					 or more of the areas of major life activity in (i) through (vii) that are:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic self-sufficiency.
"Severely limited employment prospects"
means
					 the substantial likelihood that an individual will not obtain employment
					 without the assistance of the SCSEP or another workforce development program.
					 Persons with severely limited employment prospects have more than one
					 significant barrier to employment; significant barriers to employment may
					 include, but are not limited to:
(A) lacking a substantial employment history, basic skills,
					 and/or English-language proficiency;
(B) lacking a high school diploma or the equivalent;
(C) having a disability;
(D) being homeless; or
(E) residing in socially and economically isolated rural or
					 urban areas where employment opportunities are limited.
"State sub-grantee"
means the entity
					 designated by the Governor, or the highest government official, to enter into a
					 grant with the Department to administer a State or Territory SCSEP project
					 under the OAA. Except as applied to funding distributions, per OAA §506,
					 this definition applies to the 50 States, Puerto Rico, the District of
					 Columbia, and Territories: Guam, American Samoa, U.S. Virgin Islands, and the
					 Commonwealth of the Northern Mariana Islands.
"State Plan"
means a Plan that the Governor,
					 or the highest government official, of a state must submit to the Secretary
					 that outlines a four-year strategy, and describes the planning and
					 implementation process, for the statewide provision of community service
					 employment and other authorized activities for eligible individuals, per SCSEP,
					 20 C.F.R. §
											641.300.
"Sub-grantee"
means an entity receiving
					 financial assistance directly from the Department to carry out SCSEP
					 activities. The sub-grantee is the legal entity that receives the award and is
					 legally responsible for carrying out the SCSEP, even if only a particular
					 component of the entity is designated in the grant award document. Sub-grantees
					 include public and nonprofit private agencies and organizations, state
					 agencies, tribal organizations, and Territories, that receive SCSEP grants from
					 the Department. As used here, "sub-grantee" includes "sub-grantee" as defined
					 in 2 C.F.R. § 200 and "recipient" as defined in 2 C.F.R. § 200(gg).
"Sub-recipient"
means the legal entity to
					 which a sub-award of financial assistance is made by the sub-grantee, or by a
					 higher-tier sub-recipient, and that is accountable to the sub-grantee for the
					 use of the funds provided. As used here, "sub-recipient" includes "sub-grantee"
					 as defined in 2 C.F.R. § 200 and "sub-recipient" as defined in 2 C.F.R.
					 § 200.
"Supportive services"
means services, such as
					 transportation, health and medical services, special job-related or personal
					 counseling, incidentals, such as work shoes, badges, uniforms, eyeglasses, and
					 tools, child and adult care, housing, including temporary shelter, follow up
					 services, and needs-related payments, which are necessary to enable an
					 individual to participate in activities authorized under the SCSEP OAA
					 §§ 502(c)(6)(A)(iv) and 518(a)(7).
"Title V of the OAA"
means
					 42 U.S.C.
					 §§
											3056 et seq., as amended.
"Training services"
means those services
					 authorized by WIOA § 134(d)(4).
"Tribal organization"
means the recognized
					 governing body of any Native American tribe, or any legally established
					 organization of Native Americans that is controlled, sanctioned, or chartered
					 by such governing body
					 42
					 U.S.C. 3002(54).
"Unemployed"
means an individual who is
					 without a job and who wants and is available for work, including an individual
					 who may have occasional employment that does not result in a constant source of
					 income, per OAA § 518(a)(8).
"Veteran"
means an individual who is a
					 "covered person" for purposes of the Jobs for Veterans Act, per
					 38
					 U.S.C. 4215(a)(1).
"Workforce Innovation and Opportunity Act
					 (WIOA)"
means Workforce Innovation and Opportunity Act of 2014,
					 Public Law
					 114-144 and WIOA
					 29
					 U.S.C. 3101 et seq.