DINAP BULLETIN 94-02
Economically Disadvantaged Calculation
To interpret and clarify the method to be employed to calculate economically disadvantaged under the Section 401 Indian and Native American Program (INA).
References. P.L. 102-367, DINAP Bulletin 92-26, 20 CFR 632.4 Background. The INA program has traditionally used either of two methods in calculating income for the purpose of determining program eligibility - the past year (i.e., the last 12 months) and the prior six month period. This use of the past year method for calculating family income is consistent with the INA practice under the Comprehensive Employment and Training Act and was continued under the Job Training Partnership Act. When DINAP Bulletin No. 92-26 was issued to call attention to legislative requirements, this concern was not identified as an issue since the amendments did not affect this part of the definition Section 4(8)(B). Therefore, INA Section 401 grantees have continued to use both methods to calculate eligibility. This interpretation has proven critical to INA programs where seasonal work is the norm in many communities, especially as it applies to the summer program. However, DINAP has been advised that the INA program cannot continue to utilize the multiple methods for calculating income. As part of the revision of our regulations at 20 CFR 632, it has been called to our attention that the INA program is out-of-step with the JTPA requirements. Since this legislation is the source document in arbitrating any issue, the INA program must conform to the single method of calculating income - the prior six month period. Therefore, use of the past year method to calculate eligibility is incorrect and must be discontinued. Policy. Effective with the receipt of this bulletin, the INA Section 401 grantees must use the definition for economically disadvantaged contained in Section 4, of the Job Training and Partnership Act (see attachment). Inquiries. Questions on this bulletin should be directed to your Federal Representative on (202) 219-5504.
All Native American Grantees
CHARLES L. ATKINSON PAUL A. MAYRAND Acting Chief Director Division of Indian and Office of Special Native American Programs Targeted Programs