TEGL 09-23.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION SCSEP CORRESPONDENCE SYMBOL OWI DNPTTA DATE February 13 2024RESCISSIONS TEGL 04-21 TEGL 07-19 EXPIRATION DATE Continuing ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 09-23TO SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM GRANTEES STATE AND TERRITORIAL GOVERNORS STATE AND TERRITORIAL WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE WORKFORCE BOARD CHAIRS F ROM BRENT PARTON Principal Deputy Assistant Secretary SUBJECT Requirements Priorities and Technical Assistance for Senior Community Service Employment Program SCSEP Stand-Alone State Plans for Program Years PYs 2024-2027 for States Territories and Outlying Areas 1. Purpose. To provide states territories and outlying areas with guidance f or submission of f our-year SCSEP Stand-Alone State Plans including the submission process and deadline for submission. Note that while this guidance aligns with the Workf orce Innovation Opportunity Act WIOA guidance in many instances this TEGL pertains only to states that are submitting a SCSEP Stand -Alone State Plan f or PYs 2024-2027. States that are including SCSEP as part of a Combined State Plan f or 2024 -2027 should ref er to Training and Employment Guidance Letter TEGL 04 -23 that the Employment and Training Administration ETA issued on October 31 2023 f or instructions on submission of Combined State Plans. 2.Action Requested. States submitting a SCSEP Stand -Alone Plan should send it via e mail with SCSEP Four-Year Plan in the subject line to grants.scsepdocs dol.gov with a copy to their Federal Project Of f icer no later than March 29 2024. Please include as an attachment a letter f rom the Governor naming the designee. ETA will review and approve State Plans so that they are in ef f ect by the beginning of PY on July 1 2024. For plans submitted af ter the due date ETA will do its best to approve the plan bef ore July 2024. 3.Summary and Background. a.Summary This TEGL provides inf ormation and guidance f or submission of the SCSEP Four-Year Stand-Alone plan f or PYs 2024-2027. The State Plan is intended to f oster coordination among the various SCSEP grantees and sub-recipients operating within the state and to f acilitate the ef f orts of stakeholders including state and local boards under 2 WIOA to work collaboratively through a participatory process to accomplish the SCSEP goals 20 CFR 641.300 . b. Background Sec tion 503 a of the Older Americans Act OAA and SCSEP regulations at 20 CFR 641 Subpart C requires the Governor or the Governor s designee to submit a SCSEP Four -Year State Plan and allow s the state to submit the plan as an independent document. The plan includes a f our -year strategy f or the statewide provision of community service employment and other authorized activities f or eligible individuals under SCSEP and describe the planning and implementation process f or SCSEP services in the s tate considering the current relative distribution of eligible individuals and employment opportunities within the state . This TEGL provides instructions f or submitting a SCSEP Stand -Alone State P lan as an independent document although ETA encourages states to include SCSEP as part of a WIOA Combined State Plan to f oster closer coordination with other WIOA and non -core programs . Under WIOA the Unif ied and Combined State Plans communicate the state s vision f or the state workf orce development system . This SCSEP state plan submission adapts to specif ic priorities outlined in the WIOA planning requirements to promote better a lignment of f ederal investments across job training and education programs to coordinate service delivery across programs f or shared customers to improve ef f iciency and to ensure that the workf orce system matches individuals with high -quality job opportu nities and employers . Additionally planning enables the workf orce system to provide a wider range of collaborative coordinated and streamlined services to shared customers including pre -employment transition services and co -enrollment. To include SCSEP in a Combined State Plan please ref er to ETA guidance f or submission of Unif ied and Combined State Plans TEGL 04 -23 Requirements for Workforce Innovation and Opportunity Act WIOA State Plans for Program Years PY 2024 - 2027 . 4. Planning Priorities Performance Negotiations and Public Comment . a. SCSEP Planning Priorities . SCSEP state planning should include strategies to improve job quality f or older workers and create access to good jobs in industr y sectors with relevant opportunities in the state . State grantees can review the Good Jobs Principles 1 published by the Departments of Labor and Commerce in their strategic plans particularly in developing community service assignments and or on -the -job work experience s that prioritize critical job quality and equity components such as worker saf ety and health or competitive wages . States should partner with host agencies and employers f irms that are committed to developing career pathways f or underrepresented and underserved populations . i. Flexible High -Quality Community Service Assignments A core f eature of SCSEP is the placement of participants in community service assignments CSA which are part -time temporary employment opportunities at 1 See https www.dol.gov genera l good -jobs principles 3 host agency sites . Through these CSA placements participants gain valuable skills increase their conf idence to reenter the workf orce and earn income while assisting local organizations that provide needed services within their community . Program participants are paid the highest applicable required wage using project grant f unds either the minimum wage applicable under the Fair Labor Standards Act of 1938 the state or local minimum wage f or the most nearly comparable covered employment or the prevail ing rate of pay f or persons employed in similar public occupations by the same employer. Consistent with previous guidance grantees may continue to use alternative types of CSAs that enable the provision of SCSEP services in -person via remote or telework arrangements and or via hybrid approaches. States must ensure that all CSAs provide adequate supervision development of needed sof t skills provision of appropriate training aligned to participants IEPs and access to any digital tools and or broadband connectivity necessary f or the work assigned . Grantees implementing remote or hybrid assignments must also ensure that all participants are served equ itably including those who are not able to participate in remote telework or hybrid f lexible work arrangements. ii. Strategic Use of Training and Supportive Services In conjunction with the CSA SCSEP grantees provide or help coordinate training and supportive services that support participants ability to reach the program and employment goals identif ied in their IEPs . The type of training and supportive services that grantees provide vary and are based on the needs and goals of individual participants . In general SCSEP grantees must have service delivery strategies that are designed to ef f ectively prepare participants f or placement into unsubsidized employment . Service delivery strategies must con sider the job requirements of demand occupations in the community served identify skill gaps and other barriers to employment among the SCSEP -eligible population and design and of f er training opportunities that address the i dentif ied skill gaps. Changes to Request S ubmission s for Additional Funds for Participant Training and or Supportive Services ATSS OAA Section 502 c 6 C 42 USC 3056 c 6 C . The OAA permits SCSEP grantees to request approval f rom ETA to use additional program f unds f or costs associated with participant training and supportive services generally ref erred to as ATSS requests . Under this SCSEP State Plan TEGL ETA is not asking that state SCSEP grantees submit ATSS requests as part of their state plans rather state SCSEP grantees may submit such requests subsequently in response to the f orthcoming PY 2024 allotment TEGL . However for planning purposes this section of this TEGL highlight s key changes to ETA policies related to ATSS requests and approvals that state SCSEP grantees should consider. Approved ATSS requests allow grantees to use up to an additional 10 percent of grant f unds f or additional training and supportive services and conversely to use not less than 65 percent of grant f unds f or participants wages and f ringe benef its rather than 4 the standard 75 percent minimum. In general ETA expects ATSS training components will provide training that prepares participants with skills relevant f or employment in in -demand occupations in their community. Further ETA expects that ATSS supportive services components will supplement and enhance the supportive services provided through primary grant f unds enabling more participants to mitigate and overcome financial and or logistical barriers to SCSEP participation. In the past ATSS requests were required with the grant document submission at the beginning of each new program year . To allow long -term strategic planning f or use of ATSS f unds beginning in PY 2024 ETA encourages state SCSEP grantees to consider submitting ATSS requests that span the duration of the state planning cycle up to f our years under the initial program year 2024 f unding application process . This f our -year approach remains consistent with the current SCSEP regulations while allowing f or gre ater continuity and less year -to-year planning burden f or grantees . This change will help grantees successf ully support participants by providing continuity of service of f erings f rom year to year promoting the stability of employment f or staf f directly charged with implementing ATSS and streamlining the annual ETA grant review and approval processes. ETA will provide additional details and instructions regarding submission of ATSS requests in the PY 2024 allotment TEGL. iii. Preparation for Unsubsidized Employment in Appropriate Sectors ETA strives f or as many participants as possible to achieve unsubsidized employment recognizing that SCSEP participants have a broad range of skill sets interests and barriers to employment . ETA particularly encourages strategic plans that propose innovative holistic solutions to address the needs of SCSEP participants with more signif icant barriers to employment . ETA expects grantees to propose ef f ective strategies to 1. Assess the participant pool and identif y those participants whose individualized employment plans IEPs contain a goal of unsubsidized employment that is attainable with additional support and training. 2. Identif y characteristics among participants such as disability limited English prof iciency f ormer incarceration or low literacy skills and actively assist those participants with obtaining unsubsidized employment . ETA specif ically encourages grantees to of fer strategies f or providing practical short - term training opportunities f or in-demand occupations that utilize on -the -job experience OJE or skill -specific training as well as ef f ective strategies and services to help participants achieve self -suf f iciency such as ref errals to other services or programs as identif ied in their IEPs. iv. Focus on Job Quality and Equity The Good Jobs Initiative led by the Department of Labor in partnership with the Department of Commerce provides critical inf ormation to workers employers and government agencies to help improve job quality and create access to good jobs f ree 5 f rom discrimination and harassment f or all working people and particularly f or underserved communities. The Good Jobs Principles establish a common vision f or the essential elements of a quality job. Among the eight Good Jobs Principles are principles particularly relevant f or SCSEP such as adopting a competitive wage scale establishing more predictable work schedules examining ho w benef its may be of f ered and creating opportunities f or inclusion accessibility and career advancement . ETA encourages state SCSEP grantees to consider how they can promote and advance the Good Jobs Principles in their SCSEP projects and incorporate s trategies to help SCSEP participants learn about prepare for and obtain high quality jobs. This could include educating participants on job quality indicators i.e. competitive wages or employee benef its to better inf orm their job search ef f orts discussing job quality considerations with employer partners working with host agencies to identi f y ways to address job quality in participant assignments or advising employer partners and host agencies on how to adhere to non discrimination laws adopt prac tices that ensure workers know their rights and work continuously to remove discriminatory barriers within their organization . As def ined in E.O. 14091 and f irst def ined in E.O. 13985 the term equity means the consistent and systematic f air just and impartial treatment of all individuals including individuals who belong to underserved communities that of ten have been denied such treatment. An eq uity gap exists when there is signif icant and persistent inequity or disparity f or marginalized communities in that individuals who belong to these communities are denied a f ull opportunity to participate in aspects of economic social and civic lif e in cluding employment or educational opportunities .2 All workers should be respected empowered treated f airly and should not f ace systemic barriers to advancement. ETA encourages state SCSEP grantees to include strategies to increase equity in participant recruitment and service delivery. Such strategies could include identif ying training providers and or other partners that work closely with historically marginalized populations including veterans ret urning citizens or people of color and or identif ying Minority Business Enterprises as employer partners. Section 515 of the OAA requires that DOL conduct an analysis in SCSEP of the levels of participation and the outcomes achieved by minority individuals f or each grantee by service area and in the aggregate. The results of this analysis are captured in the SCSEP Minority Report Vol. 2 which provides a comparison of the participation of minority groups in SCSEP to their proportion in the population and the employment outcomes of minorities in SCSEP compared to non -minorities. In draf ting their state plans state SCSEP grantees should ref er to f indings f rom the Minority Report and other relevant sources of equi ty data to help shape their strategies . b. Performance Negotiations for the Senior Community Service Employment Program . The extent to which grantees meet or exceed the seven core performance measures outlined in OAA section 513 is a f actor used to determine program success 42 U.S.C. 3056k . Successf ul program indicators include service to the most -in-need individuals increased 2 Executive Order 14091 Further Advancing Racial Equity and Support f or Underserved Communities Through the Federa l Governm ent Feb 2023 . 6 median earnings and effective on -the -job experiences that lead to unsubsidized employment and or increased employment outcomes for older workers . As outlined in 20 CFR 641.720 expected levels of perf ormance f or the f irst two years of the grant agreement are initially determined prior to the beginning of the f irst program year in the grant cycle . For grant years three and f our grantees may request to re -negotiate adjustments to these goals based on f actors such as populations with barriers to employment poverty levels and unemployment in the areas served . ETA will use an objective statistical model to account f or actual economic conditions and participant characteristics . At the conclusion of perf ormance level negotiations ETA will ma ke available f or public review the f inal negotiated expected le vels of perf ormance f or each grantee . Perf ormance -level negotiations f or the Program Years 2024 and 2025 will begin in the Spring of 2024. c. Advice and Public Comment SCSEP state grantees must make the f our -year state plan available f or public comment before submission. The Governor or the Governor s designee should f ollow established state procedures to solicit and collect public comments on the state plan 20 CFR 641.350 and must seek the advice and recommendations of the f ollowing organizations and individuals with expertise in older worker issues 20 CFR 641.315 Representatives of the state and area agencies on aging state and local boards under WIOA public and private nonprofit agencies and organizations providing employment services including each grantee operating a SCSEP project within the state except as provided under OAA section s 503 a 9 and 506 a 3 and 20 CFR 641.320 b social service organizations providing services to older individuals grantees under title III of OAA af f ected communities unemployed older individuals community -based organizations serving older individuals business organizations and labor organizations . The state plan must describe the procedures used to obtain such advice in public comments including the timeline f or ensuring an open and inclusive planning process 20 CFR 641.325 f g as well as the public comments received and a summary of the co mments 20 CFR 641.325 h . National grantees also have planning responsibilities and must coordinate with state grantees in the states where they operate except as provided at 20 CFR 641.320 b . 5. Inquiries . Please direct inquiries to the appropriate Regional Of f ice. 6. References . Older Americans Act Title V 42 USC 3056 et seq. as amended through Public Law 116 -131 Mar 25 2020 Workf orce Innovation and Opportunity Act WIOA Pub. L. 113 -128 Sec. 121 Funding of One -Stop Inf rastructure Paperwork Reduction Act of 1995 Pub. L. 104 -13 May 22 1995 7 TEGL 04 -23 Requirements for Workforce Innovation and Opportunity Act WIOA State Plans for Program Years PY 2024 2027 Oct 31 2023 TEGL 18 -22 Program Year PY 2023 Planning Instructions and Allotments for Senior Community Service Employment Program SCSEP State Territorial and National Grantees May 15 2023 TEN 16 -22 The Employment and Training Administration is Implementing GrantSolutions for Grant Award Processing and the Payment Management System for Financial Reporting Jan 18 2023 TEGL 17 -20 Senior Community Service Employment Program Updated Guidance on Priority of Service Durational Limits and State Plan Submissions Apr 15 2021 TEGL 14 -18 Attachment 9 Aligning Performance Accountability Reporting Definitions and Policies Across Workforce Employment and Training Programs Administered by the U.S. Department of Labor DOL Senior Community Service Employment Program Mar ch 25 2019 TEGL 17 -16 Infrastructure Funding of the One -Stop Delivery System Jan 18 2017 TEGL 12 -06 Revised Income Inclusions and Exclusions and Procedures for Determining Senior Community Service Employment Program SCSEP Eligibility Dec 28 2006 Federal Poverty Guidelines Federal Register 88 FR 3424 January 17 2024 or HHS website at https aspe.hhs.gov poverty -guidelines and SCSEP Perf ormance Data Collection Approval Of f ice of Management and Budget No. 1205 -0040 expiration date Nov 30 2024 . 7. Attachment s . Attachment I Required Contents of SCSEP Four -Year State Plan Attachment I I-1 Required Content of the SCSEP Four-Year State Plan SCSEP grantees are required to comprehensively address the f ollowing programmatic areas and elements in their SCSEP Stand-Alone State Plan. Please consider and incorporate the priorities listed below as well as the priorities included in Training and Employment Guidance Letter TEGL 04-23 Requirements f or Workf orce Innovation and Opportunity Act WIOA State Plans f or Program Years PY 2024-2027 into your f our-year strategic planning. I. Economic Projections and Impact A. Discuss long-term projections f or jobs in industries and occupations in the state that may provide employment opportunities f or older workers. 20 CFR 641.302 d . Alternately states may discuss this in the economic analysis section of strategic plan if submitting a Unif ied or Combined State Plan. B. Describe how the long-term job projections discussed in the economic analysis section of strategic plan relate to the types of unsubsidized jobs f or which SCSEP participants train and the types of skills training provided. 20 CFR 641.302 d C. Discuss current and projected employment opportunities in the state such as by providing inf ormation available under 15 of the Wagner-Peyser Act 29 U.S.C. 491-2 by occupation and the types of skills possessed by eligible individuals. 20 CFR 641.325 c . II. Service Delivery and Coordination A. Provide a detailed description of what actions will be taken to coordinate SCSEP with other programs including 1. Actions to coordinate activities of SCSEP grantees with WIOA Title I programs including plans f or using the WIOA one-stop delivery system and its partners to serve individuals aged 55 and older. 20 CFR 641.302 g 641.325 e 2. Actions to coordinate activities of SCSEP grantees with the activities carried out in the State under the other titles of the OAA. 20 CFR 641.302 h 3. Actions to coordinate SCSEP with other private and public entities and programs that provide services to older Americans such as community and f aith-based organizations transportation programs and programs f or those with special needs or disabilities. 20 CFR 641.302 i 4. Actions to coordinate SCSEP with other labor market and job training initiatives. 20 CFR 641.302 j 5. Actions the State will take to ensure that SCSEP is an active partner in the one-stop delivery system and the steps the State will take to encourage and improve coordination with the one-stop delivery system. 20 CFR 641.335 B. Describe the long-term strategy f or engaging employers to develop and promote opportunities f or the placement of SCSEP participants in unsubsidized employment. 20 CFR 641.302 e Alternately the State may discuss this in the State strategies section of strategic plan if submitting a Combined Plan. C. Describe the long-term strategy f or serving minorities under SCSEP. 20 CFR 641.302 c Attachment I I-2 D. Provide a list of community services needed and the places where these services are needed most . Specifically the plan must address the needs and location s of those individuals most in need of community services and the groups working to meet their needs. 20 CFR 641.330 E. Describe the long -term strategy to improve SCSEP services including planned long -term changes to the design of the program within the State and planned changes in the use of SCSEP grantees and program operators to better achieve the goals of the program. This may i nclude recommendations to the Department as appropriate. 20 CFR 641.302 k F. Describe a strategy f or continuous improvement in the level of perf ormance f or SCSEP participants entry into unsubsidized employment and to achieve at a minimum the levels specif ied in OAA Section 513 a 2 E ii . 20 CFR 641.302 f III. Location and Population Served including Equitable Distribution A. Describe the localities and populations most in need of the type of projects authorized by title V. 20 CFR 641.325 d B. List the cities and counties where the SCSEP project will take place . Include the number of SCSEP authorized positions and indicate if and where the positions changed f rom the prior year. C. Describe any current slot imbalances and proposed steps to correct inequities to achieve equitable distribution. D. Explain the state s long -term strategy f or achieving an equitable distribution of SCSEP positions within the s tate that moves positions f rom over -served to underserved locations within the State in compliance with 20 CFR 641.365 and 1. Equitably serves both rural and urban areas 20 CFR 641.302 a 2 and 2. Serves individuals af forded priority f or service under 20 CFR 641.520. 20 CFR 641.302 a 641.365 E. Provide the ratio of eligible individuals in each service area to the to tal eligible population in the s tate. 20 CFR 641.325 a F. Provide the relative distribution of eligible individuals who 1. Reside in urban and rural areas within the state. 2. Have the greatest economic need. 3. Are minorities. 4. Are limited English prof icient. 5. Have the greatest social need. 20 CFR 641.325 b . 6. Formerly incarcerated individuals as defined in TEGL 17 -20. G. Describe the steps taken to avoid disruptions to service f or participants to the greatest extent possible in positions redistribution as provided in 20 CFR 641.365 when new Census or other reliable data becomes available or when there is over -enrollment f or any other reason. 20 CFR 641.325 i 641.302 b