LAB25001R-LFC-appC.docx

XI. DEFINITIONS

ADULT - Except in sections 127 and 132, the term "adult" means an individual who is age 18 or older.

BASIC SKILLS DEFICIENT - The term "basic skill deficient" means, with respect to an individual, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test.

CASE MANAGEMENT - The term "case management" means the provision of a client-centered approach in the delivery of services, designed

(a) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and

(b) to provide job and career counseling during program participation and after job placement.

CERTIFICATE – A certificate is awarded in recognition of an individual’s attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation. These technical or occupational skills are based on standards developed or endorsed by employers. Certificates awarded by workforce investment boards are not included in this definition. Work readiness certificates are also not included in this definition. A certificate is awarded in recognition of an individual’s attainment of technical or occupational skills by:

• A state educational agency or a state agency responsible for administering vocational and technical education within a state.

• An institution of higher education described in Section 102 of the Higher Education Act (20 USC 1002) that is qualified to participate in the student financial assistance programs authorized by Title IV of that Act. This includes community colleges, proprietary schools, and all other institutions of higher education that are eligible to participate in federal student financial aid programs.

• A professional, industry, or employer organization (e.g., National Institute for Automotive Service Excellence certification, National Institute for Metalworking Skills, Inc., Machining Level I credential) or a product manufacturer or developer (e.g., Microsoft Certified Database Administrator, Certified Novell Engineer, Sun Certified Java Programmer) using a valid and reliable assessment of an individual’s knowledge, skills, and abilities.

• A registered apprenticeship program.

• A public regulatory agency, upon an individual’s fulfillment of educational, work experience, or skill requirements that are legally necessary for an individual to use an occupational or professional title or to practice an occupation or profession (e.g., FAA aviation mechanic certification, state certified asbestos inspector).

• A program that has been approved by the Department of Veterans Affairs to offer education benefits to veterans and other eligible persons.

• Job Corps centers that issue certificates.

• Institutions of higher education which is formally controlled, or has been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes.

COMMERCIALLY AVAILABLE OFF-THE-SHELF TRAINING PACKAGE means a training package sold or traded to the general public in the course of normal business operations, at prices based on established catalog or market prices. To be considered as sold to the general public, the package must be regularly sold in sufficient quantities to constitute a real commercial market to buyers that must include other than WIA programs. The package must include performance criteria pertaining to the delivery of the package, which may include participant attainment of knowledge, skills or a job.

COMMUNITY-BASED ORGANIZATION - The term "community-based organization" means a private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment.

COMPETENCY - The term “competency” means a skill or knowledge, accepted by the DWIB, to be achieved by an individual in order to achieve a program credential.

COMPLETER – The term “completer” means a participant who successfully complies with the definition of program credential completion in the Contract.

COMPLETION – The term “completion” means the successful achievement of the requirements of training specified in the contract. Generally this is defined by a combination of hours of attendance and competency attainment.

COST ANALYSIS – The term “Cost Analysis” means the review and evaluation, element by element, of the cost estimate supporting an organizations proposal for the purpose of pricing the contract.

COST REIMBURSEMENT CONTRACT – The term “Cost Reimbursement Contract” means an agreement that provides for the payment of actual costs incurred to the extent prescribed in the agreement. Instead of paying the contractor to meet all the terms and conditions at a specified price, this type of agreement reimburses the awardee for its best efforts to perform up to the total cost and types of costs authorized in the agreement.

CREDENTIAL – Nationally recognized degree or certificate or State recognized credential (H.S Dipl/GED, postsecondary degrees, recognized skills standards, licensure, apprenticeship or industry recognized certificates). Includes all state education agency recognized credentials.

DIPLOMA OR RECOGNIZED EQUIVALENT ATTAINMENT RATE - A youth diploma or equivalent attainment rate is calculated for those participants that enroll without a diploma or equivalent. The performance percentage is calculated by dividing the number of participants that achieve a secondary school diploma or equivalent at termination by the total terminated (except those still in secondary school)

DIRECT BENEFITS - The term "supportive services" means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this title, consistent with the provisions of this title.

DIRECT BENEFITS may include the following:

(1) Linkages to community services;

(2) Assistance with transportation costs;

(3) Assistance with child care and dependent care costs;

(4) Assistance with housing costs;

(5) Referrals to medical services; and

(6) Assistance with uniforms or other appropriate work attire and work-related tool costs, including such items as eye glasses and protective eye gear. [WIA sec. 129(c)(2)(G).]

DISLOCATED WORKER - The term "dislocated worker" means an individual who

DISPLACED HOMEMAKER - The term "displaced homemaker" means an individual who has been providing unpaid services to family members in the home and who

(A) has been dependent on the income of another family member but is no longer supported by that income; and

(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

ELIGIBLE YOUTH - Except as provided in subtitle C and D, the term "eligible youth" means an individual who

(A) is not less than age 14 and not more than age 21;

(B) is a low-income individual; and

(C) is an individual who is one or more of the following:

(i) Deficient in basic literacy skills.

(ii) A school dropout.

(iii) Homeless, a runaway, or a foster child.

(iv) Pregnant or a parent.

(v) An offender.

(vi) An individual who requires additional assistance to complete an educational program, or to secure and hold employment.

EMPLOYMENT etc. ATTAINMENT RATE - The performance percentage established is calculated by dividing the number of individuals who enter and retain in postsecondary education, advanced training, military service, employment, or qualified apprenticeships by the number of individuals who have exited the program.

ENROLLMENT – The term “enrollment” means the completion of a defined number of hours of training in the core curriculum as specified in the contract.

EXIT– A participant who has not been reported in AJLA (management information system) as enrolled in an any activity for 90 days.

FAMILY - The term "family" means 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 husband, wife, and dependent children.

(B) A parent or guardian and dependent children.

(C) A husband and wife.

FIXED UNIT PRICE CONTRACT – The term “Fixed Unit Price Contract” means an agreement that pays a Contractor a specified price for specified deliverables regardless of the Contractors actual costs incurred. This contract type places maximum risk and full responsibility on the contractor for all costs and resulting profit/program income or loss.

PERFORMANCE BASED CONTRACT – A “Fixed Unit Price contract where the contractor agrees to be paid for performance based on outcomes.

FOLLOW-UP SERVICES FOR YOUTH –

1. Follow-up services for youth may include:

· The leadership development and supportive service activities;

· Regular contact with a youth participant's employer, including

· assistance in addressing work-related problems that arise;

· Assistance in securing better paying jobs, career development

· and further education;

· Work-related peer support groups;

· Adult mentoring; and

· Tracking the progress of youth in employment after training.

2. All youth participants must receive some form of follow-up services for a minimum duration of 12 months. Follow-up services may be provided beyond twelve (12) months at the State or Local Board's discretion. The types of services provided and the duration of services must be determined based on the needs of the individual. The scope of these follow-up services may be less intensive for youth who have only participated in summer youth employment opportunities.

FULL LEVEL OF STAFF - The term “Full Level of Staff” refers to the employment of individuals and their assignment to work on the Contract at a level sufficient to occupy all the positions found on the Staff section of the Statement of Work, for the hours specified there. An individual is considered to occupy a position when carrying out the duties of the position or on paid leave, consistent with Contractor personnel policies while assigned to that position.

HOMELESS – The term “Homeless” means an individual who lacks a fixed, regular, and adequate nighttime residence; and who has a primary nighttime residence that is:

a. a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); or

b. an institution that provides a temporary residence for individuals intended to be institutionalized; or

c. a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

IN-SCHOOL YOUTH – A Youth attending any school, including alternative school, when the education leads to a High School Diploma.

INDIVIDUAL WITH A DISABILITY -

(A) IN GENERAL - The term "individual with a disability" means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(B) INDIVIDUALS WITH DISABILITIES - The term "individuals with disabilities" means more than one individual with a disability.

INDIVIDUAL SERVICE STRATEGY (ISS) – The term “Individual Service Strategy” means an individual plan for a participant which shall include an employment goal (including, for women, consideration of non-traditional employment), appropriate achievement objectives, and the appropriate combination of services for the participant based on the objective assessment.

LEADERSHIP DEVELOPMENT OPPORTUNITIES – The term “Leadership Development Opportunities” means the following activities:

· Exposure to post-secondary educational opportunities;

· Community and service learning projects;

· Peer-centered activities, including peer mentoring and tutoring;

· Organizational and team work training, including team leadership training;

· Training in decision-making, including determining priorities;

· Citizenship training, including life skills training such as parenting, work behavior training, and budgeting of resources;

· Employability; and positive social behaviors [WIA sec. 129(c)(2)(F).]

LEARNING RICH – The term “Learning Rich” means training in which a variety of important basic skills are learned in the context of the functional task required to accomplish the work. Learning may occur in a work or training setting. Training is characterized by high expectations, real challenges, real work, and the real world. The learner is continually involved in problem solving, communication, and critical thinking.

LOWER LIVING STANDARD INCOME LEVEL - The term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent lower living family budget issued by the Secretary.

LOW-INCOME INDIVIDUAL - The term "low-income individual" means an individual who

(A) receives, or is a member of a family that receives, cash payments under a Federal, State, or local income-based public assistance program;

(B) received an income, or is a member of a family that received a total family income, for the 6-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, payments described in subparagraph (A), and old-age and survivors insurance benefits received under section 202 of the Social Security Act (42 U.S.C. 402)) that, in relation to family size, does not exceed the higher of

(i) the poverty line, for an equivalent period; or

(ii) 70 percent of the lower living standard income level, for an equivalent period;

(C) is a member of a household that receives (or has been determined within the 6-month period prior to application for the program involved to be eligible to receive) food stamps pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);

(D) qualifies as a homeless individual, as defined in subsections (a) and (c) of section 103 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302);

(E) is a foster child on behalf of whom State of local government payments are made; or

(F) in case permitted by regulations promulgated by the Secretary of Labor, is an individual with a disability whose own income meets the requirements of a program described in subparagraph (A) or of subparagraph (B), but who is a member of a family whose income does not meet such requirements.

NONTRADITIONAL EMPLOYMENT - The term "nontraditional employment" refers to occupations or fields of work for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work.

OFFENDER - The term "offender" means any adult or juvenile

(A) who is or has been subject to any stage of the criminal justice process, for whom services under this Act may be beneficial; or

(B) who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction.

OLDER INDIVIDUAL - The term "older individual" means an individual age 55 or older.

ON-THE-JOB TRAINING - The term "on-the-job training" means training by an employer that is provided to a paid participant while engaged in productive work in a job that

(A) provides knowledge or skills essential to the full and adequate performance of the job;

(B) provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training; and

(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

OUT-OF-SCHOOL YOUTH - The term "out-of-school youth" means

(A) an eligible youth who is a school dropout; or

(B) an eligible youth who has received a secondary school diploma or its equivalent but is basic skills deficient, unemployed, or underemployed.

PARTICIPANT - The term "participant" means an individual who has been determined to be eligible to participate in and who is receiving services (except follow-up services authorized under this title) under a program authorized by this title. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual began receiving subsidized employment, training, or other services provided under this title.

PLACEMENT – The term “Placement” means the act of securing for or by a participant unsubsidized employment for the duration of 1 calendar day, with an anticipated permanent duration. For reporting purposes, a placement may not begin prior to the day of the last leave from any activity in AJLA (management information system) is reported. Full-time placement requires 30 or more hours per normal workweek. Part-time placement requires 24 or more hours per normal workweek.

POSITIVE SOCIAL BEHAVIORS - The outcomes of leadership opportunities, often referred to as soft skills, which are incorporated by many local programs as part of their menu of services. Positive social behaviors focus on areas that may include the following:

(a) Positive attitudinal development;

(b) Self esteem building;

(c) Openness to working with individuals from diverse racial and ethnic backgrounds;

(d) Maintaining healthy lifestyles, including being alcohol and drug free;

(e) Maintaining positive relationships with responsible adults and peers, and contributing to the well being of one's community, including voting;

(f) Maintaining a commitment to learning and academic success;

(g) Avoiding delinquency;

(h) Postponed and responsible parenting; and

(i) Positive job attitudes and work skills.

POSTSECONDARY EDUCATIONAL INSTITUTION - The term "postsecondary educational institution" means an institution of higher education, as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088).

POVERTY LINE - The term "poverty line" means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family to the size involved.

PUBLIC ASSISTANCE - The term "public assistance" means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test.

SCHOOL DROPOUT - The term "school dropout" means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent.

SECONDARY SCHOOL - The term "secondary school" has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

SIMULATED WORK - The term “Simulated Work” means an activity that takes place in a training situation where a work product is produced for the purpose of learning work maturity skills and/or specific occupational skills rather than for the purpose of producing the work product.

SKILL ATTAINMENT RATE - If a participant is deficient in basic literacy skills, the contractor will establish at a minimum, one participant basic skills goal for the year. A minimum of one participant skill goal must be set for the year with a maximum of three goals per year. Skill goals will fall into the category of basic, work readiness, or occupational skills.

The performance percentage established for Skill Attainment Rate is calculated by dividing the Skills Goals (Basic, Work Readiness, and Occupational) achieved by the number of Skills Goals set.

TRAINING – The term “Training” means a systematic, planned sequence of instruction or other learning experiences on an individual or group basis under competent supervision which is designed to impart skills, knowledge, or abilities to prepare individuals for unsubsidized employment.

TRAINING RELATED JOB – The term “Training Related Job” means a job in which a major vocational skill learned in training, as specified in the training plan or curriculum, is a predominant activity.

TUITION BASED – The term “Tuition Based” means that payments to a vendor educational institution of tuition charges, entrance fees, and other usual and customary fees of an educational institution are not more than the educational institutions catalogue price, necessary to receive specific training, and are for training of participants.

UNEMPLOYED INDIVIDUAL - The term "unemployed individual" means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed.

VETERAN; RELATED DEFINITION VETERAN - The term "veteran" means an individual who served in the active military, naval, or air services, and who was discharged or released from such service under conditions other than dishonorable.

(A) RECENTLY SEPARATED VETERAN - The term "recently separated veteran" means any veteran who applies for participation under this title within 48 months after the discharge or release from active military, naval, or air service.

WORK EXPERIENCES FOR YOUTH -

· Work experiences are planned, structured learning experiences that take place in a workplace for a limited period of time. Work experiences may be paid or unpaid.

· Work experience workplaces may be in the private, for-profit sector; the non-profit sector; or the public sector.

· Work experiences are designed to enable youth to gain exposure to the working world and its requirements. Work experiences are appropriate and desirable activities for many youth throughout the year. Work experiences should help youth acquire the personal attributes, knowledge, and skills needed to obtain a job and advance in employment. The purpose is to provide the youth participant with the opportunities for career exploration and skill development and is not to benefit the employer, although the employer may, in fact, benefit from the activities performed by the youth. Work experiences may be subsidized or unsubsidized and may include the following elements:

(1) Instruction in employability skills or generic workplace skills such as those identified by the Secretary's Commission on Achieving Necessary Skills (SCANS);

(2) Exposure to various aspects of an industry;

(3) Progressively more complex tasks;

(4) Internships and job shadowing;

(5) The integration of basic academic skills into work activities;

(6) Supported work, work adjustment, and other transition activities;

(7) Entrepreneurship;

(8) Service learning;

(9) Paid and unpaid community service; and

(10) Other elements designed to achieve the goals of work