Ohio Administrative Code › Title 5101:10 - Division of Workforce Development › Chapter 5101:10-3 - Workforce Innovation and Opportunity Act Youth Program › Section 5101:10-3-01 - Workforce innovation and opportunity act youth program: eligibility requirements

Current through all regulations passed and filed through July 1, 2024
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)
									 "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.
(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.
(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.
(8) "Homeless children
			 and youths" 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;
(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.
(9) "Homeless
			 individual" 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.
(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, 2019).
(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 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 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, 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)(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
										.
(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.
(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.
(14)
			 "School dropout" means, as defined in section 3(54) of WIOA
			 , an individual who is no longer 
									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.