N.M. Admin. Code § 11.2.8.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 11.2.8.7 - DEFINITIONS

A.Eligible training provider. Training services must be provided by an eligible training provider in accordance with WIOA Section 122(d). Training is available through a state eligible training provider and program list comprised of entities determined eligible to receive funds through WIOA Title I, Subtitle B, according to DWS's established eligibility criteria and procedure. The purpose of this list is to ensure the accountability, quality and labor-market relevance of programs, and to ensure informed customer choice for individuals eligible for training.

B.Out of school youth according to Section 20 CFR 681.210, must be aged 16-24, not attending any school, and meet one or more additional conditions, which could include: school dropout; within age of compulsory attendance but has not attended for at least the most recent complete school year calendar quarter; holds a secondary school diploma or recognized equivalent and is low-income and is basic skills deficient or an English language learner; subject to the juvenile or adult justice system; homeless, runaway, in foster care or aged out of the foster care system, eligible for assistance under Section 477, Social Security Act, or in out-of-home placement; pregnant or parenting; an individual with a disability; low income person who requires additional assistance to enter or complete an educational program or to secure and hold employment.

C.In-school youth according to Section CFR 681.220, must be aged 14-21, attending school low income, and meet one or more additional conditions, which could include: basic skills deficient; English language learner; an offender; homeless, runaway, in foster care, or aged out of the foster care system; pregnant or parenting; an individual with a disability; person who requires additional assistance to enter or to complete an educational program or to secure and hold employment.

D.Training contract. Individual training accounts (ITAs) are the primary method to be used for procuring training services under WIOA. However, in certain circumstances, a training contract may be used to provide services, instead of an ITA. These circumstances are referred to as the "training exceptions" or "contract exceptions", as governed by WIOA Section 134(c)(3)(G)(ii) and consistent with Sections 20 CFR 680.320, 680.340, and 680.530. Additionally, the local board must have fulfilled the consumer choice requirements of Section 20 CFR 680.340.

E.Work-based training. Allowed types of work-based training include registered apprenticeships, on-the-job training (OJT), and customized training. Sections 20 CFR 680.700 through 680.840 govern work-based training.

F.Incumbent worker training is designed to meet the needs of an employer or group of employers to retrain a skilled workforce or avert layoffs, as governed by Sections 20 CFR 680.780 through 680.820.

G.Supportive service are designed to provide a participant with the resources necessary to enable their participation in career and training services, and are governed by Section 20 CFR 680.900 through 680.970. Supportive services can include services such as transportation assistance, child care and dependent care assistance, housing assistance, and needs-related payments. Needs-related payments are only available to individuals enrolled in training services and must be consistent with Sections 20 CFR 680.930, 680.940, 680.950, 680.960, and 680.970.

H.Basis career services include universally accessible services, such as eligibility determinations, initial skill assessments, labor exchange services, provisions of information on programs and services, and program referrals, that must be made available in at least one comprehensive workforce connection center per local area to all individuals seeking employment and training services. These services may be provided by both the adult and dislocated worker programs, as well as by the Wagoner-Peyser employment services.

I.Individual career services include services, such as specialized assessments, developing an individual employment plan, counseling, work experiences, which must be provided to participants after workforce connections center staff determine that such services are required to retain or obtain employment, consistent with any applicable statutory priorities.

J.Training services are described in WIOA, Section 134(c)(3). Training services are governed by Sections 20 CFR 680.200 through 680.230 and 20 CFR 680.300 through 680.350. Workforce connection center staff may determine training services are appropriate, regardless of whether the individual has received basic or individualized career services first, and there is no sequence of service requirement. Training services, when determined appropriate, must be provided either through a training contract, such as an ITA.

K.Follow-up services must be provided for adults and dislocated worker participants who are placed in unsubsidized employment, for up to 12 months after the first day of employment and local areas must establish policies that define what are considered to be appropriate follow-up services, as well as policies for identifying when to provide follow-up services to participants.

L.Basic skills deficient means an individual:

(1) who is a youth, that the individual has an English reading, writing, or computing skills at or below the eighth grade level on a generally accepted standardized test; or

(2) who is a youth or adult, and the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society.

N.M. Admin. Code § 11.2.8.7

11.2.8.7 NMAC - Rp, 11.2.13.7 NMAC, 8-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 11, June 12, 2018, eff. 7/1/2018