Library: Policy

340:105-12-3. Definitions

Issued 9-15-2021

The following words and terms, when used in this Subchapter, shall have the following meanings as applicable to the Senior Community Service Employment Program (SCSEP), per Section 641.140 of Title 20 of the Code of Federal Regulations (20 C.F.R. § 641.140), unless the context clearly indicates otherwise:

"Additional indicators" means retention in unsubsidized employment for one year; participant satisfaction, employers, and host agencies per the services provided; and other indicators of performance that the United States (U.S.) Department of Labor (DOL) Secretary (Secretary) determines appropriate to evaluate services and performance, per Section 513(b)(2) of the Older Americans Act (OAA § 513(b)(2)).

"At risk for homelessness" means an individual is likely to become homeless and he or she lacks the resources and support networks needed to obtain housing.

"Authorized position level" means the number of SCSEP enrollment opportunities that can be supported for a 12-month period based on the average national unit cost. The authorized position level is derived by dividing the total amount of funds appropriated for a program year by the national average unit cost per participant for that program year as determined by the United States (U.S.) Department of Labor (DOL). The national average unit cost includes all costs of administration, other participant costs, and participant wage and benefit costs as defined in OAA § 506(g).

"Co-enrollment" means any individual who meets the qualifications for SCSEP participation and is also enrolled as a participant in Workforce Innovation and Opportunity Act (WIOA) or another employment and training program, as provided in the Individual Employment Plan.

"Community service" means:

(A) social, health, welfare, and educational services including literacy tutoring, legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services;

(B) conservation, maintenance, or restoration of natural resources;

(D) antipollution and environmental quality efforts;

(E) weatherization activities;

(F) economic development; and

(G) other such services essential and necessary to the community as the Secretary determines by rule to be appropriate.

"Community service assignment" means part-time, temporary employment paid with grant funds in projects at host agencies through which eligible individuals are engaged in community service and receive work experience and job skills that can lead to unsubsidized employment.

"Core indicators" means hours, in the aggregate, of community service employment; entry into unsubsidized employment; retention in unsubsidized employment for six months; earnings; the number of eligible individuals served; and most-in-need.

"Core services" means services described in Section 134(d)(2) of the Workforce Innovation and Opportunity Act (WIOA).

"Department" or "DOL" means the U.S. Department of Labor, including its agencies and organizational units.

"Disability" means a disability attributable to a mental or physical impairment, or a combination of mental and physical impairments that results in substantial functional limitations in one or more areas of major life activity, per Section 3002(13) of Title 42 of the United States Code (42 U.S.C. § 3002(13)) The areas are:

(A) self-care;

(B) receptive and expressive language;

(D) mobility;

(E) self-direction;

(F) capacity for independent living;

(G) economic self-sufficiency;

(H) cognitive functioning; and

(I) emotional adjustment.

"Equitable distribution report" means a report based on the latest available Census or other reliable data that lists the optimum number of participant positions in each designated area in the state, and the number of authorized participant positions each sub-grantee serves in that area, taking into account the needs of underserved counties and incorporated cities as necessary. This report provides a basis for improving the distribution of SCSEP positions.

"Frail" means an individual 55 years of age and older who is determined to be functionally impaired because he or she is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or at the option of the State, is unable to perform at least three such activities without such assistance; or due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.

"Grant period," "project period," or "award period" means the time period between the effective date of the grant award and the ending date of the award, including any modifications extending the period of performance, whether by the DOL's exercise of options contained in the grant agreement or otherwise.

"Greatest economic need" means the need resulting from an income level at or below the poverty guidelines established by the U.S. Department of Health and Human Services and approved by the Office of Management and Budget (OMB).

"Greatest social need" means the need caused by non-economic factors that include physical and mental disabilities; language barriers; and cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, which restricts the ability of an individual to perform normal daily tasks or threatens the capacity of the individual to live independently.

"Homeless" means, per 42 U.S.C. § 11302(a), an individual who lacks a fixed, regular, and adequate nighttime residence; and an individual 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;

(B) an institution that provides a temporary residence for individuals intended to be institutionalized; or

"Host agency" means a public agency or a private nonprofit organization exempt from taxation under 501(c)(3) of the Internal Revenue Code of 1986 that provides a training work site and supervision for one or more participants. Political parties cannot be host agencies. A host agency may be a religious organization as long as the projects in which participants are trained do not involve the construction, operation, or maintenance of any facility used, or to be used, as a place for sectarian religious instruction or worship.

"Individual employment plan (IEP)" means a plan for a participant based on his or her job assessment conducted by the sub-grantee or sub-recipient, or a recent assessment or plan developed by another employment and training program, and a related service strategy.

"Intensive services" means services authorized by Section 134(d)(3) of the Workforce Investment Act (WIA § 134(d)(3)).

"Jobs for Veterans Act" means Public Law 107–288 (2002). Section 2(a) of the Jobs for Veterans Act, codified at 38 U.S.C. § 4215(a), provides a priority of service DOL employment and training programs for veterans, and certain spouses of veterans, who otherwise meet the eligibility requirements for participation. Priority is extended to veterans. Priority is also extended to the spouse of a veteran who died of a service-connected disability; the spouse of a member of the Armed Forces on active duty who has been listed for a total of more than 90-calendar days as missing in action, captured in the line of duty by a hostile force, or forcibly detained by a foreign government or power; the spouse of any veteran who has a total disability resulting from a service connected disability; and the spouse of any veteran who died while a disability was in existence, per 20 C.F.R. § 641.520(b).

"Job ready" means individuals who do not require further education or training to perform work that is available in their labor market.

"Limited English proficiency" means individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English.

"Local Board " means a Local Workforce Investment Board established, per WIA § 117.

"Local Workforce Investment Area" or "local area" means an area designated by the Governor of Oklahoma, per WIA § 116.

"Low employment prospects" means the likelihood that an individual will not obtain employment without the assistance of SCSEP or another workforce development program. Persons with low employment prospects have a significant barrier to employment. Significant barriers to employment may include, but are not limited to, lacking a substantial employment history, basic skills, or English-language proficiency; lacking a high school diploma or the equivalent; having a disability; being homeless; or residing in socially and economically, isolated rural or urban areas where employment opportunities are limited.

"Low literacy skills" means the individual computes or solves problems, reads, writes, or speaks at or below the eighth grade level or is unable to compute or solve problems, read, write, or speak at a level necessary to function on the job, in the individual's family, or in society.

"Most-in-need" means participants with one or more of the characteristics in (A) through (M). Participants who:

(A) have a severe disability;

(B) are frail;

(D) are age-eligible, but are not receiving benefits under Title II of the Social Security Act;

(E) reside in an area with persistent unemployment and have severely limited employment prospects;

(F) have limited English proficiency;

(G) have low literacy skills;

(H) have a disability;

(I) reside in a rural area;

(J) are veterans;

(K) have low employment prospects;

(L) have failed to find employment after using services provided per Title I of the WIOA of 2016, per 29 U.S.C. § 2801 et seq.; or

(M) are homeless or at risk for homelessness, per OAA § 513(b)(1)(E).

"National sub-grantee" means a public or non-profit private agency or organization, or Tribal organization, that receives a grant, per Title V of the OAA 42 U.S.C. § 3056 et seq. to administer a SCSEP project, per OAA § 506(g)(5).

"Native American" means a person who is a member of a Native American tribe.

"Native American tribe" means any tribe, band, nation, or other organized group or community of Native Americans, including an Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. §§1601 et seq., per 42 U.S.C. § 3002(27) that is:

(A) recognized as eligible for the special programs and services provided by the United States to Native Americans because of their status as Native Americans; or

(B) located on, or in proximity to, a Federal or State reservation or rancheria.

"OAA" means the Older Americans Act, 42 U.S.C. §§ 3001 et seq., as amended.

"One-Stop Center" means the One-Stop Center system in a WIOA local area that must include a comprehensive One-Stop Center through which One-Stop partners provide applicable core services and provides access to other programs and services carried out by the One-Stop partners, per WIOA § 134(c)(2).

"One-Stop delivery system" means a system under which employment and training programs, services, and activities are available through a network of eligible One-Stop partners, ensuring information about, and access to, core services is available regardless of where the individuals initially enter the workforce investment system, per WIOA § 134(c)(2).

"One-Stop partner" means an entity described in the WIOA § 121(b)(1), such as required partners, or an entity described in WIOA § 121(b)(2).

"Other participant (enrollee) costs" means the costs of participant training, including the payment of reasonable costs to instructors, classroom rental, training supplies, materials, equipment, and tuition, that may be provided before or during a community service assignment, in a classroom setting, or under other appropriate arrangements; job placement assistance, including job development and job search assistance; participant supportive services to enable a participant to successfully participate in a project, including the payment of reasonable costs of transportation, health care and medical services, special job-related or personal counseling, incidentals, such as work shoes, badges, uniforms, eyeglasses, and tools, child and adult care, temporary shelter, and follow-up services; and outreach, recruitment and selection, intake orientation, and assessments, per OAA § 502(c)(6)(A)(ii)–(v).

"Pacific Island Americans and Asian Americans" means Americans having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, per OAA § 518(a)(5).

"Participant" means an individual who is determined to be eligible for SCSEP, is given a community service assignment, and is receiving any service funded by the program.

"Persistent unemployment" means the annual average unemployment rate for a county or city is more than 20 percent higher than the national average for two out of the last three years.

"Poor employment prospects" means the significant likelihood that an individual will not obtain employment without the assistance of the SCSEP or another workforce development program. Persons wFith poor employment prospects have a significant barrier to employment; significant barriers to employment include, but are not limited to:

(A) lacking a substantial employment history, basic skills, or English-language proficiency;

(B) lacking a high school diploma or the equivalent;

(C)having a disability;

(D) being homeless; or

(E) residing in socially and economically isolated rural or urban areas where employment opportunities are limited.

"Program operator" means a sub-grantee or sub-recipient that receives SCSEP funds from a SCSEP sub-grantee or a higher-tier SCSEP sub-recipient and performs the activities in (A) through (C) for all its participants. The activities are:

(A) eligibility determination;

(B) participant assessment; and

"Program Year" means the one-year period beginning on July 1 and ending on June 30.

"Project" means an undertaking by a sub-grantee or sub-recipient in accordance with a grant or contract agreement that provides service to communities and training and employment opportunities to eligible individuals.

"Recipient" means sub-grantee. As used here, "recipient" includes "recipient" as defined in 2 C.F.R. § 200 (gg) and "sub-grantee" as defined in 2 C.F.R. § 200.

"Residence" means an individual's declared dwelling place or address as demonstrated by appropriate documentation.

"Rural" means an area not designated as a metropolitan statistical area by the Census Bureau; segments within metropolitan counties identified by codes 4 through 10 in the Rural Urban Commuting Area (RUCA) system; and RUCA codes 2 and 3 for census tracts that are larger than 400 square miles and have population density of less than 30 people per square mile.

"SCSEP" means the Senior Community Service Employment Program authorized under Title V of the OAA.

"Secretary" means the Secretary of the U.S. Department of Labor.

"Service area" means the geographic area served by a local SCSEP project in accordance with a grant agreement.

"Severe disability" means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, per 42 U.S.C. 3002(48):

(A) is likely to continue indefinitely; and

(B) results in substantial, functional limitation in three or more of the areas of major life activity in (i) through (vii) that are:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living; and

(vii) economic self-sufficiency.

"Severely limited employment prospects" means the substantial likelihood that an individual will not obtain employment without the assistance of the SCSEP or another workforce development program. Persons with severely limited employment prospects have more than one significant barrier to employment; significant barriers to employment may include, but are not limited to:

(A) lacking a substantial employment history, basic skills, and/or English-language proficiency;

(B) lacking a high school diploma or the equivalent;

(D) being homeless; or

(E) residing in socially and economically isolated rural or urban areas where employment opportunities are limited.

"State sub-grantee" means the entity designated by the Governor, or the highest government official, to enter into a grant with the Department to administer a State or Territory SCSEP project under the OAA. Except as applied to funding distributions, per OAA §506, this definition applies to the 50 States, Puerto Rico, the District of Columbia, and Territories: Guam, American Samoa, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

"State Plan" means a Plan that the Governor, or the highest government official, of a state must submit to the Secretary that outlines a four-year strategy, and describes the planning and implementation process, for the statewide provision of community service employment and other authorized activities for eligible individuals, per SCSEP, 20 C.F.R. § 641.300.

"Sub-grantee" means an entity receiving financial assistance directly from the Department to carry out SCSEP activities. The sub-grantee is the legal entity that receives the award and is legally responsible for carrying out the SCSEP, even if only a particular component of the entity is designated in the grant award document. Sub-grantees include public and nonprofit private agencies and organizations, state agencies, tribal organizations, and Territories, that receive SCSEP grants from the Department. As used here, "sub-grantee" includes "sub-grantee" as defined in 2 C.F.R. § 200 and "recipient" as defined in 2 C.F.R. § 200 (gg).

"Sub-recipient" means the legal entity to which a sub-award of financial assistance is made by the sub-grantee, or by a higher-tier sub-recipient, and that is accountable to the sub-grantee for the use of the funds provided. As used here, "sub-recipient" includes "sub-grantee" as defined in 2 C.F.R. § 200 and "sub-recipient" as defined in 2 C.F.R. § 200.

"Supportive services" means services, such as transportation, health and medical services, special job-related or personal counseling, incidentals, such as work shoes, badges, uniforms, eyeglasses, and tools, child and adult care, housing, including temporary shelter, follow up services, and needs-related payments, which are necessary to enable an individual to participate in activities authorized under the SCSEP OAA §§ 502(c)(6)(A)(iv) and 518(a)(7).

"Title V of the OAA" means 42 U.S.C. §§ 3056 et seq., as amended.

"Training services" means those services authorized by WIOA § 134(d)(4).

"Tribal organization" means the recognized governing body of any Native American tribe, or any legally established organization of Native Americans that is controlled, sanctioned, or chartered by such governing body 42 U.S.C. 3002(54).

"Unemployed" means an individual who is without a job and who wants and is available for work, including an individual who may have occasional employment that does not result in a constant source of income, per OAA § 518(a)(8).

"Veteran" means an individual who is a "covered person" for purposes of the Jobs for Veterans Act, per 38 U.S.C. 4215(a)(1).

"Workforce Innovation and Opportunity Act (WIOA)" means Workforce Innovation and Opportunity Act of 2014, Public Law 114-144 and WIOA 29 U.S.C. 3101 et seq.