New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Eligible
				training provider.
Training services must be provided by an eligible
				training provider in accordance with WIOA Section 122(d). Training is available
				through a state eligible training provider and program list comprised of
				entities determined eligible to receive funds through WIOA Title I, Subtitle B,
				according to DWS's established eligibility criteria and procedure. The purpose
				of this list is to ensure the accountability, quality and labor-market
				relevance of programs, and to ensure informed customer choice for individuals
				eligible for training.
B.
Out
				of school youth
according to Section
				20 CFR
				681.210, must be aged 16-24, not attending
				any school, and meet one or more additional conditions, which could include:
				school dropout; within age of compulsory attendance but has not attended for at
				least the most recent complete school year calendar quarter; holds a secondary
				school diploma or recognized equivalent and is low-income and is basic skills
				deficient or an English language learner; subject to the juvenile or adult
				justice system; homeless, runaway, in foster care or aged out of the foster
				care system, eligible for assistance under Section 477, Social Security Act, or
				in out-of-home placement; pregnant or parenting; an individual with a
				disability; low income person who requires additional assistance to enter or
				complete an educational program or to secure and hold employment.
C.
In-school youth
according to
				Section CFR 681.220, must be aged 14-21, attending school low income, and meet
				one or more additional conditions, which could include: basic skills deficient;
				English language learner; an offender; homeless, runaway, in foster care, or
				aged out of the foster care system; pregnant or parenting; an individual with a
				disability; person who requires additional assistance to enter or to complete
				an educational program or to secure and hold employment.
D.
Training contract
. Individual
				training accounts (ITAs) are the primary method to be used for procuring
				training services under WIOA. However, in certain circumstances, a training
				contract may be used to provide services, instead of an ITA. These
				circumstances are referred to as the "training exceptions" or "contract
				exceptions", as governed by WIOA Section 134(c)(3)(G)(ii) and consistent with
				Sections
				20
				CFR 680.320,
				680.340,
				and
				680.530.
				Additionally, the local board must have fulfilled the consumer choice
				requirements of Section
				20 CFR
				680.340.
E.
Work-based training.
Allowed
				types of work-based training include registered apprenticeships, on-the-job
				training (OJT), and customized training. Sections
				20 CFR
				680.700 through
				680.840
				govern work-based training.
F.
Incumbent worker training
is designed to meet the needs of an
				employer or group of employers to retrain a skilled workforce or avert layoffs,
				as governed by Sections
				20
				CFR 680.780 through
				680.820.
G.
Supportive service
are
				designed to provide a participant with the resources necessary to enable their
				participation in career and training services, and are governed by Section
				20
				CFR 680.900 through
				680.970.
				Supportive services can include services such as transportation assistance,
				child care and dependent care assistance, housing assistance, and needs-related
				payments. Needs-related payments are only available to individuals enrolled in
				training services and must be consistent with Sections
				20 CFR
				680.930,
				680.940,
				680.950,
				680.960,
				and
				680.970.
H.
Basis career services
include
				universally accessible services, such as eligibility determinations, initial
				skill assessments, labor exchange services, provisions of information on
				programs and services, and program referrals, that must be made available in at
				least one comprehensive workforce connection center per local area to all
				individuals seeking employment and training services. These services may be
				provided by both the adult and dislocated worker programs, as well as by the
				Wagoner-Peyser employment services.
I.
Individual career services
include services, such as specialized assessments, developing an individual
				employment plan, counseling, work experiences, which must be provided to
				participants after workforce connections center staff determine that such
				services are required to retain or obtain employment, consistent with any
				applicable statutory priorities.
J.
Training services
are described in WIOA, Section 134(c)(3).
				Training services are governed by Sections
				20
				CFR 680.200 through
				680.230
				and 20 CFR 680.300 through 680.350. Workforce connection center staff may
				determine training services are appropriate, regardless of whether the
				individual has received basic or individualized career services first, and
				there is no sequence of service requirement. Training services, when determined
				appropriate, must be provided either through a training contract, such as an
				ITA.
K.
Follow-up
				services
must be provided for adults and dislocated worker participants
				who are placed in unsubsidized employment, for up to 12 months after the first
				day of employment and local areas must establish policies that define what are
				considered to be appropriate follow-up services, as well as policies for
				identifying when to provide follow-up services to participants.
L.
Basic skills deficient
means
				an individual:
(1) who is a youth, that the
				individual has an English reading, writing, or computing skills at or below the
				eighth grade level on a generally accepted standardized test; or
(2) who is a youth or adult, and the
				individual 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.