References: Training and Employment Information Notice (TEIN) No. 49-93, Capacity Building Strategy Paper; and TEIN No. 11-94, "Consultation with our Customers." Background: TEIN No. 11-94, dated November 4, 1994, discussed the Employment and Training Administration's (ETA) intention to conduct an extensive "consultation process" to strengthen our understanding of the technical assistance and training needs of the Nation's employment and training system. ETA is committed to the continuous improvement of employment and training staff capabilities as a key intervention in improving the quality of services provided to participant and employer customers. One activity of the consultation effort is the administration of a broad-based, system-wide survey to assess the capacity building and technical assistance needs of employment and training staff. The Department ofLabor systematically gathers information on the capacity building and technical assistance needs of its partners in order to achieve continuous improvement and provide high quality services to its primary customers -- the participant and the employer. To that end, this survey, along with other components of the capacity building effort, will obtain information needed to help design staff training programs which will help unify the current employment and training system; be flexible enough to meet local developmental needs; reach the hands- on service provider level; and ultimately improve the quality of services that our customers receive. Survey Instruments: Working with National and Regional Office staff, the Technical Assistance and Training Corporation (TATC), the contractor engaged to assist in this effort, developed the survey instruments for this project. Approved by the Office of Management and Budget, the surveys will be completed by State and local program directors and staff of the Job Training Partnership Act (JTPA), the U.S. Employment Service (ES/UI), the One-Stop Implementation States, the Job Opportunities and Basic Skills (JOBS) program, and other Federal, State and local employment and training initiatives. There are two different survey forms: Program Directors/Managers Form - These surveys will be completed by Program Directors or Managers, Assistant/Deputy Directors or Managers, Supervisors of Front-Line Staff, or Contract Manager/Monitors. Front-Line Staff Form - These surveys will be completed by Intake/Outreach workers, Case Managers, Counselors, Teachers, Instructors, or Trainers, Job Developers, Job Placement specialists and other staff who interact directly with participants and employers. TATC will mail survey packets directly to State and local Program Directors and will include a sampling plan for local distribution. All individual responses will be kept completely confidential; only summary results will be reported. Each packet will also contain "stamped" return envelopes for mailing the completed surveys back to TATC (each survey will have its own return envelope). Participation in this survey effort is voluntary, however, cooperation in completing the survey is greatly appreciated. The results of the survey will be used to establish priorities for the use of ETA resources and to create a capacity building system that addresses the long-range developmental needs of a customer- focused employment and training network. Survey results will be formatted by Regions, States and programs within States and will include information on common needs across programs, effectiveness of current training methods, and information on best practices and program models. The results will be widely distributed. Action: Recipients of this TEIN are requested to inform Directors and Program Administrators of Service Delivery Areas, Substate Areas, One-Stop Career Systems, and Employment Service/Unemployment Insurance programs of the upcoming survey and strongly encourage their participation in this system-wide effort. A copy of this TEIN will be sent by the Department of Health and Human Services to each State JOBS Director.

Background: On November 12, 1992, SPIR instructions and definitions were published in the Federal Register. Since that time the Department has received numerous telephone and written inquiries from the employment and training system regarding a host of issues. Many questions were also raised at recent training sessions on the Job Training Partnership Act (JTPA) Amendments. In order to insure accuracy and consistency in response to such inquiries, responses have been developed to the most frequently asked questions. These represent clarifications of established policy and are contained in the attachment to this issuance.

Background: The Secretary of Commerce is working with the Secretaries of Defense, Labor, Energy and other members of the President's National Economic Council, to meet the needs of those affected by military base closings and defense contract reductions. Within DOC, EDA is the primary agency responding to defense adjustment impacts on communities. The primary interest of EDA is to reach community officials and citizens interested in the community economic adjustment programs that they offer. Action Required: Please distribute the attached information to appropriate officials within the State.

References: Section 143 of JTPA; Section 627.310(d) of the JTPA Interim Final Regulations (Federal Register, December 29, 1992); and Child Labor Regulations, 29 CFR 570, including changes by the Department of Labor's Employment Standards Administration (ESA) to three Hazardous Occupations Orders (HOs), effective December 20, 1991, in Subpart E--Occupations. Background: JTPA requires, under Section 143(a)(1) (Labor Standards), that "conditions of employment and training shall be appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant." In addition, Section 143(a)(2) states, "Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants." Pursuant to Section 3(1) of FLSA, the Secretary of Labor has issued regulations allowing, under limited conditions, the employment of youth 14 and 15 years old. These regulations are found in Child Labor Regulation No. 3 (29 CFR Part 570, Subpart C). Pursuant to the same section of FLSA, HOs are issued which prohibit the employment of minors under 18 years of age in occupations declared by the Secretary of Labor to be particularly hazardous for such minors or detrimental to their health or well being. The regulations at 29 CFR Part 570 (Subparts E and E-1), among other things, describe the restrictions on employment of minors between the ages of 16 and 18 and those occupations, both agricultural and non-agricultural, which are particularly hazardous. JTPA Title II-A, as well as Title II-B and II-C, as amended, incorporates employment or work experience programs for minors between 14 and 18 years of age, such as entry employment experience, internships, and on-the-job training. Therefore, particularly because the 1992 JTPA Amendments have broadened the participation of minors 14 and 15 years old in JTPA programs, it is important to determine whether minors of these ages are working in occupations and/or, where 14- and 15-year-old minors are concerned, during hours or times prohibited by FLSA's child labor provisions. Employers violating FLSA's child labor provisions may be assessed fines of up to $10,000 for each employee who is the subject of a violation. Child Labor Provisions: ESA's Wage and Hour Division, which is responsible for enforcing the FLSA, has informed us of a number of instances, including fatalities, involving JTPA funded employment and training programs that violated FLSA's child labor provisions. Therefore, we believe it is necessary to alert SDAs to the FLSA child labor provisions. Under the child labor provisions of FLSA, 16 years is the basic minimum age for employment; however, persons 14 and 15 years of age may be employed outside school hours in a variety of non manufacturing and nonhazardous jobs under specified conditions that do not interfere with their health, well being, or opportunity to obtain an education. Child Labor Regulation No. 3 limits the hours and the time of day that minors 14 and 15 years old may work and prohibits their employment in certain occupations. In non farm jobs, they may not work: (1) during school hours; (2) more than 8 hours in a day and 40 hours in a week when school is not in session; (3) more than 3 hours in a day and 18 hours in a week when school is in session; or (4) before 7 a.m. and after 7 p.m., except during the summer (June 1 through Labor Day) when the evening hour is extended to 9 p.m. Youth 14 and 15 years old may not work in any of the HOs applicable to youth ages 16 and 17, such as manufacturing, mining and a number of other activities identified in the Regulations. All JTPA participants must be at least 18 years old to work in any of the nonagricultural HOs. This minimum age applies even when the minor is employed by the parent or person standing in place of the parent. The 17 nonagricultural HOs in effect apply either on an industry-wide basis or to an occupation irrespective of the industry in which the occupation is found. Attached is a copy of Child Labor Bulletin No. 101 which describes the FLSA child labor provisions that apply to minors under 18 in nonagricultural employment. A summary of the employment standards for minors 14 and 15 years old described above is included. The HOs are briefly described beginning on page 3 of the bulletin and in the "non farm" fact sheet included in this package. An additional fact sheet concerning the employment of minors in farm jobs is also enclosed. HO 2 (Motor Vehicle Occupations), HO 10 (Occupations Involving the Operation of Power-Driven Meat Processing Machines), and HO 12 (Power-Driven Paper-Products Machine Occupations) were modified and clarified effective December 20, 1991, as published in the Federal Requester on November 20, 1991 (Vol. 56, No. 224). ESA Wage and Hour Enforcement Plans: The Wage and Hour Division of ESA has begun enforcement activities in States and SDAs. While contacts may have been made already, ESA will contact each State liaison to arrange for a discussion of FLSA's child labor provisions and their enforcement. We advise that SDAs become familiar with these prohibitions and that they consult the Regulations at 29 CFR Part 570 for a fuller understanding of all applicable provisions. Particular attention should be paid to the hazardous occupations, including definitions and the enumeration of particular exemptions, such as the employment of apprentices and student-learners. In general, with regard to possible conflicts among Federal or State law, regulation or municipal ordinance,the more restrictive standard shall be applicable (29 CFR 570.50 (a)). Action: State liaisons should ensure that SDAs have the information set forth in this TEIN and its attachments and are aware of the particular prohibitions and concerns regarding the employment of 14 through 17 year old JTPA participants.

References: Public Law 97-300, Section 4(8) (JTPA); and Internal Revenue Code Section 51 (TJTC). Background: JTPA defines the term "economically disadvantaged" at Section 4(8) of the Act. Among other things the term means an individual who is a member of a family which has received a total family income for the 6-month period prior to application for the program involved 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 LLSIL. Pursuant to 26 U.S.C. 51(d)(11), the LLSIL is used to determine whether an individual is a member of an economically disadvantaged family for applicable Targeted Jobs Tax Credit purposes. Since for TJTC purposes, the determination of whether an individual is a member of an economically disadvantaged family necessarily will relate to a period prior to 1995, the LLSIL figures in the attached notice will not be utilized by the TJTC program under current law. The poverty levels were revised and new Federal Poverty Income Guidelines were published in the Federal Register on Thursday, February 9, 1995. The guidelines for the LLSIL were published in the Federal Register on April 25, 1995. (NOTE: TABLE 4 OF THE LLSIL GUIDELINES WAS REPUBLISHED ON MAY 8, 1995, TO ADD THE PARENTHESES, WHICH WERE INADVERTENTLY OMITTED FROM THE FIRST PUBLICATION NOTICE.) Attached are copies of these 1995 guidelines. Effective Date: States may implement these guidelines in accordance with the dates as published in the Federal Register or on such later date as the Governor may determine for JTPA programs in the State, but no later than July 1, 1995. In future years as well, States may implement guidelines in accordance with the effective dates published in the Federal Register.

References: Training and Employment Information Notice No. 17-92, Availability of State Training Inventory. Background: The NOICC is an inter-agency organization that coordinates the development, dissemination, and use of occupational information by the Departments of Labor and Education. The NOICC funds and works in concert with fifty-six State Occupational Information Coordinating Committees (SOICCs) to provide career development tools, updated occupational information and in-service training for employment and training professionals and educators at the State and local level. The Job Training Partnership Act (JTPA) was amended in 1992 to include capacity building and technical assistance, information dissemination and replication activities as priorities at the National, State and local levels. The purpose of capacity building (as outlined in Section 453 of the Act) is to enhance the effectiveness of and strengthen the caliber of services provided through programs authorized under JTPA and other Federal, State, and local employment and training programs. As the employment and training system is called upon to respond to new job training initiatives, there will be an increase in capacity-building efforts and technical assistance needs. NOICC is an important player in capacity building efforts. NOICC resources and services are useful in building the capacity of employment and training professionals. Below are descriptions of various resources and products developed by NOICC: Occupational Information: The NOICC-SOICC Network disseminates a relatively large range of occupational information useful to employment and training program managers, vocational educators, as well as youth and adults who are in need of career guidance. Products are available that identify areas of occupational growth and decline, and provide career assessments, information for individual career planning, and updated listings of vocational training available to youth and adults within a State or county. Many of these products and services are available through the Labor Market Information units of the State Employment Security Agencies or through SOICC staff. The NOICC-SOICC Network has also created a data base framework to assist States in aggregating and organizing occupational and labor market information resources. Descriptions of some of the more frequently used NOICC products follow: Occupational Information Systems (OIS): The OIS is a computer-based occupational information data base that combines labor market and educational data for employment and training administrators, vocational educators, planners, operators and instructors. The system can identify both occupations that are in demand and growth industries where openings in specific occupations either exist or are projected. The many State OIS's can also identify State and local licensing that may be required as well as training that is available to prepare individuals for the skills in particular occupations. OIS software and related technical assistance is available in most States and is a powerful planning tool for JTPA State Job Training Coordinating Councils and Service Delivery Areas (SDAs). A new version of the OIS has been developed by the NOICC/SOICC Network and should be operational in many States by the summer or fall of 1995. Career Information Delivery Systems (CIDS): CIDS are computerized programs that provide self assessment, career exploration and a wealth of occupational and educational information about locally available career and training opportunities. Using a personal computer, users can access career information such as a description of the duties common to specific occupations, earning levels, working conditions, employment outlook in a State, licensing and certification requirements. The system also contains information about the availability of training in postsecondary and job training programs as well as school admissions policies and financial aid programs. CIDS are available through SOICCs in most States and territories. Although CIDS are most frequently used by educational systems, they are valuable tools for use as part of the assessment process and in developing individual service strategies for participants entering employment and training programs. Increasingly, CIDS are being used in employment service offices and in other human resource development programs. They may be particularly helpful as the employment and training system moves into a One-Stop environment. In addition to occupational information, CIDS can help a person relate their interests, aptitudes and educational goals with compatible job and career possibilities. The specific information contained in the system varies by State, but some States may include current job listings from the Job Service as well as information about resume preparation and successful interview techniques. Occupational and Labor Market Information Database (OLMID): The OLMID was recently developed to provide a more coordinated approach to the maintenance and delivery of occupational and labor market information. Through OLMID, planners and administrators as well as educators and employment and training professionals will have access to a more comprehensive mix of labor market information. Typically, information such as occupational and employment characteristics, shifting patterns among local industries and the availability of training opportunities within a State will be readily available through OLMID. OLMID is intended to be maintained by a database manager at the State level where it can become the central depository of all information that may be pertinent to current labor market dynamics and occupational requirements within the State. Implementation of the OLMID will support information delivery in the One-Stop Initiative. State Training Inventory (STI): In 1992, the NOICC distributed the STI to every SOICC. This computerized database system allowed States and local users to identify training programs and providers by selected geographic areas. Capacity Building In-Service Training: Through the Career Development Training Program, the NOICC-SOICC Network offers train-the-trainer instruction designed to improve the skills of practicing counselors, job placement personnel and other practitioners who advise and assist adults and youth who are in the process of making career decisions. These in-service training programs include: The Improved Career Decision Making Program (ICDM): The ICDM training was originally developed as a collaborative effort between NOICC and the Employment and Training Administration. The training is designed to help employment and training practitioners and educators who work with either youth or adults. Generally, ICDM increases a person's knowledge and use of labor market information in career counseling. Participants in this training receive information in new trends and demographics of the American labor market and learn to use career information tools such as CIDS. Workforce In Transition (WIT): WIT training provides skills to professionals and paraprofessionals who deliver services in career development, job search readiness and placement to dislocated workers. WIT workshops provide participants with a knowledge of the needs and issues of dislocated workers, basic counseling and coaching skills, assessment methods, and appropriate program design and implementation strategies. WIT training is especially beneficial to career and employment counselors, job search trainers and placement personnel. Employee Career Development Program (ECD): For those persons wishing to delve more deeply into the career development process as it applies, in particular, to employed or dislocated adults, there is also an ECD program. That program -- which can require up to three days, but is organized into free- standing modules which can be taught separately -- emphasizes the needs of adults in the workplace. Persons attending this training learn how to organize and conduct career development workshops for employees and unemployed workers. ECD workshops focus on orienting clients to career development, the selection and use of assessment instruments, linking the individual and exploration, decision making theories and strategies, goal setting and the development of an action plan. Career Development Facilitator Training (CDFT): A new, introductory curriculum designed to provide employment and training practitioners with basic career counseling skills is presently being pilot tested at six universities. In this training, students are introduced to practical subject matter that includes a survey of career counseling theories and applications, career assessment and case management processes, approaches recommended in counseling various special populations, and use of labor market information and various career exploration and counseling tools. CDFT is 120 clock hours in length and will be offered by collegiate institutions where students can receive certification and/or academic accreditation. Occupation Information For JTPA Planning: A casebook on using occupational information entitled, Unlocking the Power of Occupational Information, is available to assist JTPA staff in program planning. Some SOICCs also offer formal support training in using the State OIS. A National training program on the OIS will be available by the summer of 1996 as well. Action Required: State JTPA Liaisons are encouraged to work with their SOICC Directors (see attached list) to alert SDAs and other JTPA entities of the availability of the services and products available through the NOICC.

Click on the link below to view, save, or print out the document.

References: a. Training and Employment Information Notice (TEIN) No. 2491, Change in Selective Service Advisory Opinion b. Training and Employment Information Notice (TEIN) No. 17-90, Discontinuation of Selective Service System's Toll-Free Registration Information Number c. Training and Employment Guidance Letter (TEGL) No. 4 89, Application of Selective Service Registration Requirements in Section 504 of the Job Training Partnership Act (JTPA) d. JTPA, Section 604 Background: In the implementation of the Section 604 Selective Service registration prerequisite for participating in JTPA training, the Department previously recommended that States suggest to the SDAs and other sub-grantees that they confirm registration status and direct other registration questions by mail to the Selective Service System (SSS). The Selective Service in turn has been responding to these inquiries in the form of advisory opinion letters. On April 9, 1993, the Selective Service implemented a policy change in the language used in the advisory opinion procedures. According to Selective Service, the change reflects that Agency's view that the decision for determining the nature of a man's failure to register rests with the Agency dispersing the benefits, rights or training. As a result, the former advisory opinion letters have been neutralized to reflect only that data which is revealed in the SSS records. Advisory opinion letters have been changed to "Registry Status Information" letters. Examples of these letters are attached. Action: State JTPA liaisons should advise their SDAs of this revision regarding the Selective Service advisory opinion letters as soon as possible. Also, advise SDAs that rather than advisory opinion letters, Selective Service will be issuing Registration Status Information letters, based on the attached guidelines, which will be favorable or unfavorable. Upon receipt of the letter, SDA's are to determine the nature of the response. If the response is favorable per the SSS letter, and the individual is otherwise eligible, then services may be provided. If the response is deemed unfavorable, the individual in question may not be served.

Reference: Training and Employment Guidance Letter No. 11-92, dated May 19, 1993, transmitted the updated PYs 199211993 departure points. Background: Section 106(d) of JTPA provides that each Governor shall prescribe, within parameters established by the Secretary, variations in the performance standards based upon specific economic, geographic and demographic factors in the State and in service delivery areas/substate areas within the State, the characteristics of the population to be served, and the type of service to be provided. The Department has retained the six Title II-A and the Title III Secretary's measures originally implemented in PYs 1990/1991. Departure points have been revised to reflect most recent program experience in the poor economic environment. For PYs 199211993 standard setting, the attached worksheets supersede those worksheets currently in use. Policy Considerations: Initially, the Department did not update its performance standards levels in Program Year 1992 in order to maintain program management continuity amidst uncertainty about the passage of the JTPA Amendments and slow economic growth. However, a review of PY 1991 data showed a trend of declining SDA performance on the employment-related standards (i.e., the adult and welfare follow-up employment rates and the youth entered employment rate). There is little reason to believe that outcomes have declined because the quality of SDA services decreased. Rather, because of the program's sensitivity to the economic environment, the most likely explanation for the employment rates is the decline in job opportunities associated with slow economic growth. Although economic conditions are improving, they have not yet been accompanied by increased employment -- and slow employment growth is forecast for the near future. It is likely to be some time before job opportunities improve for JTPA participants, and lower program outcomes for the employment-related standards can, therefore, be expected to continue in Program Years 1992/1993. Consistent with these considerations, the following variables have been updated and are included in the attached tables: -- Departure points (core standards only), -- Tolerance ranges, -- Extreme values for outcomes/local factors, and -- Alternative performance ranges. Rationale for Adjustment worksheets: The Department's optional adjustment methodology provides Governors with a systematic adjustment approach which conforms to the Secretary's parameters for setting SDA/SSA standards. This adjustment methodology is continually being revised and improved in light of additional experience and more current data for standard-setting. The models for Title II performance measures were developed using SDA-level data from the PY 1991 JTPA Annual Status Report. The model for the Title III performance measures were developed using PY 1991 Worker Adjustment Program Report data. Title II-A and Title III worksheets: Worksheets are included to assist Governors in setting standards for the core measures and an optional average wage at placement (AWP) goal for sub state areas. National Departure Points: The national departure points for the core measures are: Title II-A -- Adult Follow-Up Employment Rate 60% -- Welfare Follow-Up Employment Rate 46% -- Youth Entered Employment Rate 41% -- Youth Employability Enhancement Rate 36% The following departure points remain unchanged: Title II -- Adult Weekly Earnings at Follow-Up $228 -- Welfare Weekly Earning at Follow-Up $207 Title III -- Entered Employment Rate 64% National standards or departure points have not been established for the non-core outcomes. The establishment of appropriate departure points for non-core outcomes is the responsibility of the Governors. How the Worksheets Were Developed: The worksheets were generated using a statistical technique called multiple regression analysis. This method estimates the factor weights presented on the worksheets. The weights represent the simultaneous influences of various participant characteristics and local economic conditions on SDA/SSA program performance. The models shown in the worksheets were reviewed by a technical work group composed of State, SDA and National representatives.

Background: The SPIR requirements were published in the Federal Register on November 12, 1992. An advance unofficial copy of the attached document was forwarded to State JTPA Liaisons in mid-April 1993. A SPIR User Group meeting was convened in late April 1993, at which the unofficial data specifications and coding instructions were discussed in depth. While no data items have been added to the SPIR, based on these discussions, additional responses have been established for several existing items. These refinements have been made to insure that programmatic and performance standards concerns are fully addressed. SPIR Data Items for which Additional Responses have been Established: Item 12. Program of Participation 7 = Title II-A 5% exempt from performance standards 8 = Title II-C 5% exempt from performance standards Item 12a. Concurrent Participation 1 = Yes, JTPA II-a, 204(d), II-C, III 2 = Yes, JTPA 8% 3 = Yes, II-B 4 = Yes non-JTPA 5 = Yes, both JTPA and non-JTPA Item 39. Other Terminations 8 = Objective assessment only (exempt from performance standards) 9 = Objective assessment and entered unsubsidized employment only (exempt from performance standards) Item 40. Follow-up Group/Sample 1 = In adult sample and contacted 2 = In adult sample, but not contacted 3 = Not in sample 4 = In supplemental welfare sample and contacted 5 = In supplemental welfare sample, but not contacted Highlights of Additional Technical Adjustments and Refinements: Additional technical adjustments and refinements are summarized in the attached SPIR data specifications and coding instructions. Action: State Liaisons are requested to distribute this reporting guidance to all officials within the State who need such information.