R1. Interacting With the Applicant
a. Admissions Counselors (AC) must communicate by telephone, e-mail, or mail with each applicant referred by the National Call Center within 3 business days of receipt of either the prospect list, constituent issues, or voice-mail message.
b. ACs must obtain, through a face-to-face interview (whenever feasible) with each applicant, pertinent data to make a determination of eligibility. Eligibility requirements are the basic requirements necessary for participation in the Job Corps program as enacted in the Workforce Innovation and Opportunity Act (WIOA). The Outreach and Admissions (OA) staff will be responsible for determining whether an applicant meets each eligibility requirement. The eligibility requirements, as described in detail in Exhibit 1-1, Job Corps Eligibility Requirements, must be applied equitably to all individuals who apply to the Job Corps program and may not be replaced, revised, or changed, except for policy changes issued by the Office of Job Corps through the official process. The AC must recruit and screen enough applicants to generate a sufficient number of arrivals to maintain the designated Job Corps center(s) at an average on-board strength of 100 percent of the design capacity, in accordance with the delivery schedule outlined in the OA contract.
c. ACs must take appropriate steps to ensure their communications with applicants (and/or applicants’ parents, guardians, or other representatives) who have disabilities are as effective as communications with others. This obligation, which is separate from the reasonable accommodation obligation, is described in detail in Appendix 606 (Communicating with Persons with Disabilities). Even before taking the actions described in that appendix, ACs need to know that if they receive a request for auxiliary aids and services (communication aids) for a person with a disability, they:
1. Must address the request immediately
2. Must not begin, or continue with, any part of the admissions process until some sort of communication aid has been provided that is acceptable to the person for whom the auxiliary aid and/or service is being requested
d. A qualified applicant with a disability is entitled to request and receive reasonable accommodation at any time during the admissions process. If the applicant is requesting reasonable accommodation to participate in the admissions process, the AC:
1. Must address the applicant’s accommodation needs immediately
2. Must not begin, or continue with, any part of the admissions process for which the applicant has requested accommodation until the accommodation has been provided (Other parts of the admissions process may go forward if they do not directly involve the applicant’s participation, or if the applicant states that he or she does not need accommodations for those parts.)
Requirements for providing reasonable accommodation to participate in the admissions process, including the circumstances under which the AC may ask for documentation of the need for the accommodation, are explained in Appendix 106 (Job Corps Reasonable Accommodation Request Form-Admissions).
Even if the applicant requests accommodation for the admissions process, the AC:
1. Must not ask whether the applicant will need accommodation to actually participate in Job Corps
2. Must not assume that the applicant will need accommodation to participate in Job Corps
3. Must not ask for any disability-related information except at the times, and under the circumstances, that are described elsewhere in this chapter
4. Must not take the applicant’s disability into consideration in determining whether he or she meets the eligibility requirements or other factors for enrollment in Job Corps, except as described in R7.b (below).
5. Must document the request for reasonable accommodation in accordance with Job Corps reasonable accommodation guidelines
The AC will inform each applicant of his or her right to request and receive reasonable accommodations at any time during the admissions process and then review the Job Corps Reasonable Accommodation Request Form-Admissions (see Appendix 106) with the applicant. If the applicant wants to request an accommodation to participate in the admissions process, the Job Corps Reasonable Accommodation Request Form-Admissions should be completed. The AC may assist with the completion of the form as necessary.
e. ACs must take reasonable steps to provide meaningful access to the application process for persons who have a limited ability to read, write, speak, or understand English. These persons are referred to as Limited English Proficient (LEP) or English Language Learners (ELL). The steps that must be taken should be described in the OA contractor’s LEP/ELL Readiness Plan, as described in PRH Chapter 1, Section 1.1, R1.h. On the Record Applicant Preference Screen in OASIS, ACs must document if the applicant is learning English in the English Language Learner (ELL) selection area. One of the following criteria should be used to determine if a student is considered LEP/ELL:
1. English is not the applicant’s primary language and he or she cannot communicate clearly in English.
2. The initial interview requires an interpreter.
3. The applicant will need language support in order to fully participate in the program.
4. The applicant self-identifies as needing language assistance or instruction.
R2. Provision of Accurate Information About Enrollment Process and Rights
ACs must provide every applicant with accurate information about the Job Corps enrollment process, and his or her rights in that process. That information must include, at a minimum:
a. The process for admissions determination and assignment to a center for enrollment
b. The rights of students to:
2. Confidentiality of personal information, including medical and disability- related information
3. Nondiscrimination and equal opportunity, including:
(a) Communication aids and reasonable accommodations for persons with disabilities (see Appendices 601-Students Rights to Privacy and Disclosure of Information, 602-Civil Rights and Nondiscrimination, 605-Process for an Applicant or Student with Disability to Request Reasonable Accommodation to Participate in the Job Corps Program, and 606-Communication with Persons with Disabilities)
(b) Information and services in languages other than English for LEP/ELL individuals as described in the OA contractor’s LEP/ELL Readiness Plan referred to in PRH Chapter 1, Section 1.1, R1.h
(c) Religious accommodation
c. A copy of the “Equal Opportunity is the Law” notice that contains accurate information about where the applicant may file a discrimination complaint (see Exhibit 6-11, Equal Opportunity Rights Form)
The notice must be:
1. Signed and dated by the applicant, and a copy placed in the applicant’s file
2. Provided in alternate formats to applicants with visual impairments and other disabilities (see Appendix 606, Communicating with Persons with Disabilities) Where notice has been provided in an alternate format, a record that an alternate-format notice has been given must also be a part of the applicant’s file. This record should indicate the format in which the notice was provided.
3. Provided in appropriate languages for LEP/ELL individuals, as described in the OA contractor’s LEP/ELL Readiness Plan referred to in PRH Chapter 1, Section 1.1, R1.h
4. Posted prominently, in reasonable numbers and places, in the OA Agency’s facilities
d. That enrollment in Job Corps is voluntary for each individual
R3. Information on Center Life
ACs must provide applicants with accurate information about:
a. Residential living arrangements
b. Student conduct standards and expectations, including Job Corps’ zero tolerance and drug testing policies
c. Center expectations for student behavior and information on regular evaluation of student progress
d. Center life, including community service learning activities, recreational activities, Student Government Association (SGA), and other center-supported activities
e. Child care allotments, as applicable (see Exhibit 6-2, Student Allowance and Allotment System (SAAS))
R4. Career Development
ACs must inform applicants about career development describing, at a minimum:
a. Personalized career planning assistance
b. Preparation for career development
c. Career development combining academic, career technical training, social, and essential employability skills training in both center-based and work-based settings to meet each student’s individual needs
d. Career transition services
e. Placement services
f. Program expectations and graduation requirements
R5. Personal Career Development Assistance
ACs must assist applicants in initiating career planning by:
a. Discussing available career technical offerings, trade requirements, and waiting lists
b. Identifying certification, accreditation, and licensure opportunities; and associated training and experience requirements, or other prerequisites
c. Providing accurate information about:
1. The requirements to achieve the expectations of each Training Achievement Record (TAR), such as the length of stay
2. The increased salary opportunities associated with certificates, credentials, and licenses
d. Using labor-market information (LMI) to advise applicants regarding the career outlook for his or her expressed industry sectors and career technical training interests, and to assist applicants in selecting career technical training preferences
e. Explaining the use of the Personal Career Development Plan (PCDP) as a personalized blueprint, which will be used throughout enrollment, and the Career Transition Period (CTP) to assist students in meeting their career goals (see Appendix 102, Information for Personal Career Development Plan)
R6. Safeguarding Personally Identifiable Information (PII)
a. Providers of enrollment services must ensure that PII gathered during the admissions process is protected at all times. ACs must adhere to the following guidelines:
1. ACs must not use personally owned or public computers to download or store protected PII.
2. ACs must only access and store student protected PII using the CDSS Suite of Applications.
3. E-mail containing any PII is not allowed outside the jobcorps.org domain.
4. Approved encryption must be used to encrypt data that is moved to a portable device like a thumb drive, Compact Disk (CD) or floppy disk.
5. Any missing documents or equipment that contains Protected PII must be immediately reported to the Information Technology (IT) Point of Contact (POC) and the Job Corps Technical Assistance Center (TAC).
6. When not in use, documents containing PII must be stored in locked file drawers or a secured room.
7. All documents containing PII must be immediately retrieved from printers, copiers and fax machines as soon as they are printed or received, including the originals.
8. Sensitive documents must be properly disposed of by shredding or placing them in a locked recycling bin, and never placed intact in a trashcan or open recycling bin.
9. Any kind of PII that may have been left by others, or any PII incidents that staff observe should be reported immediately.
b. Should circumstances necessitate that PII is taken outside of the OA office, ACs must adhere to the following guidelines:
1. ACs must not take any personally identifiable information belonging to Job Corps applicants, students or graduates off-site unless explicit approval is received from the OA manager. This applies to all forms of PII, whether in paper form such as student documents and files, or electronic form such as CDs, thumb drives, portable hard-drives or laptops.
2. ACs must keep PII in his or her possession at all times during transit.
3. PII must not be left unattended in a vehicle; this includes any papers, document holders, briefcase, and/or any information on a CD, hard-drive or laptop.
4. PII must not be stored off-site (for example, at home) unless it can be stored securely such as in a locked filing cabinet or safe.
R7. Collection and Handling of Education-Related Information and Documents
a. Collect, maintain, and transmit education-related information and documents as follows:
1. Include copies of one or more of the records in the list below, if available, in the applicant’s file:
(a) An official school transcript with the school’s seal affixed. If the applicant states that he or she has a high school equivalency (HSE) credential, a copy of the HSE certificate or official HSE test scores.
(b) A copy of an acceptable High School Diploma (HSD) or official high school transcripts indicating graduation, if the applicant states that he or she completed the 12th grade and obtained a diploma. An acceptable diploma is one described in Criterion 6. Educational and Training Needs, in Exhibit 1-1, Job Corps Eligibility Requirements.
(c) May indicate in an applicant’s records that the applicant has a HSD only after receiving a copy of one or more of the following documents:
(1) A regular/standard HSD
(2) An honors diploma
(3) An Individual Education Plan (IEP)/special education diploma
(4) Official transcripts indicating graduation from a school that meets the guidelines set in Appendix 304, Guidelines for the Accreditation of Job Corps High School Programs
(5) A foreign diploma
2. When filing, storing, and transmitting IEP, Section 504 plans, IEP/special education diplomas, similar documents, or any documents indicating that a particular applicant has such documents, strictly comply with the following legal requirements related to medical and disability-related information, as explained in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information:
(a) Place these records in separate “health records” files that are kept and stored separately from all other information about the individual applicant until the records are sent to the center.
(b) Carefully limit access to these documents. For example, keep hard copies of the documents in locked files; ensure that electronic copies of the documents are password-protected. Be vigilant about who is permitted to know the password, or allowed to have access to the key or combination that opens the lock. Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information, explains what categories of persons are legally authorized to have access to the documents.
(c) Transmit hard copies of the documents in sealed envelopes in accordance with Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information. Make the best effort to ensure that the copies are delivered only to persons who are authorized to have access to those specific types of documents.
b. If the applicant has not provided copies of the required official records, contact the appropriate state HSE Administrator (see Exhibit 1-1, Job Corps Eligibility Requirements, Criterion 6. Educational and Training Needs), or the last high school the applicant attended; send the administrator or school a Records Release Authorization (Exhibit 1-5), signed by the applicant or his or her parent or guardian, requesting that the required official records be delivered to the OA office or Job Corps center.
c. Before an applicant departs for his or her center of assignment, ensure that the center has received either the official records listed above, or documentation of the official request. This documentation must include contact information for the HSE Administrator or school from which the records have been requested.
R8. Eligibility Requirements
Use Exhibit 1-1, Job Corps Eligibility Requirements, to determine if each applicant to Job Corps meets the eligibility requirements necessary to provide a conditional offer of enrollment.
a. Before beginning the eligibility requirements process, the AC must explain to every applicant, and his or her parent, guardian if a minor, or other representative, that two of the eligibility requirements questions (those related to age and low- income status) may result in answers disclosing that the applicant has a disability. The AC must also explain the four principles that apply to all medical and disability-related questions in Job Corps. See R7.b (below).
b. Asking About Disability
In general, ACs may not ask whether an applicant is an individual with a disability or about the nature and severity of a disability prior to conditional enrollment in Job Corps. (An applicant is conditionally enrolled in Job Corps when additional documentation or information is needed to confirm that the applicant meets all the eligibility requirements.) At two points in the process of determining eligibility; however, ACs may invite an applicant to disclose whether he or she has a disability:
1. If the applicant is or will be older than 24 years old on the date of enrollment, the maximum age limit may be waived if he or she is a person with a disability.
2. If the applicant would not meet the low-income requirement unless the applicant is considered a “family of one” because of a disability.
The AC should explain to the applicant that under the law, he or she may be considered a “person with a disability” if:
(a) He or she has a physical or mental impairment.
(b) The impairment affects one or more of his or her major life activities. The term “major life activities” refers to activities that are of central importance to daily life, (e.g., caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working).
(c) The effect of the impairment is substantial.
Before inviting the applicant to disclose whether he or she falls into this category, the AC must explain to the applicant that:
(a) Providing disability-related information is voluntary – in other words, the applicant is not required to disclose whether he or she has a disability.
(b) The information will be kept confidential as required by law.
(c) Declining to disclose whether he or she has a disability will not cause the applicant to receive unfavorable treatment (except that if the applicant decides not to disclose, there is a possibility that he or she will not be found to meet the age requirements and/or qualify as low income).
(d) The information will be used only in accordance with the law.
The same four pieces of information, (a) through (d) above, must be provided whenever an applicant is about to be asked a question and the answer to the question is likely to lead to disclosure of a disability.
The AC should explain to the applicant that when he or she is asked whether he or she falls into the category of an individual with a disability, the applicant should select only one of three possible answers: yes, no, or do not wish to answer. If the applicant’s response is yes, the AC:
(a) Must not use this information to determine the applicant’s eligibility under any factors other than age or low-income status
(b) Will continue with the admissions process and no other information regarding the disability will be requested or collected until and unless the applicant is notified that he or she has been determined eligible and selected for enrollment in Job Corps or unless the applicant asks for reasonable accommodation for the admissions process
After the applicant is notified that he or she has been determined eligible and selected for enrollment in Job Corps, the AC will secure any corresponding supporting medical and/or educational documentation. The AC must not review the contents of this information, and must place all medical documents and/or all special education and/or disability documentation in a separate envelope. The envelope must be sealed and included with the applicant file that is forwarded to the center for review (see Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information). As part of the file review process, the center will then ensure that the applicant has a disability, and therefore meets the age eligibility requirement or can be considered as a family of one for the low-income eligibility requirement. If a center determines that the applicant has a disability, the center review of the applicant file will continue. If the center determines that the applicant does not have a disability, the applicant file will be forwarded to the Regional Office for final disposition.
c. If there are any eligibility requirements that the applicant does not meet, stop the application process at that point because the applicant is not eligible for admission to Job Corps. The AC must provide a written explanation of the denial to the applicant (see Appendix 104, Denial Letter Template for Admissions Counselors). This explanation must inform the applicant about his or her right to file an appeal with the OA agency or the Job Corps center. The explanation must also inform the individual of his or her right to file a discrimination complaint with either the recipient of the funds as defined in 29 CFR 38.4, such as the OA agency or the Job Corps contractor, or Center Operator, if not federally operated, or the Director of the U.S. Department of Labor Civil Rights Center (DOL-CRC) if the applicant feels he or she was discriminated against during the application process.
d. The following is a list of the eligibility requirements for Job Corps. This list provides only a brief outline of each requirement; it does not contain all of the information an AC must have in order to properly make a determination about whether a particular applicant meets each requirement. That information is found in Exhibit 1-1, Job Corps Eligibility Requirements.
1. To be determined eligible for Job Corps, each applicant must be a
(a) United States citizen or national, including a naturalized citizen;
(b) lawfully admitted permanent resident alien, refugee, asylee or parolee, or other immigrant who has been authorized by the Department of Homeland Security to work in the United States; or
(c) resident of a U.S. territory.
2. Be at least 16 years of age and not more than 24 years of age on the date of enrollment (i.e., date of departure for a center).
For an individual with a disability who is otherwise eligible, the maximum age limit may be waived (minimum age is still 16). Therefore, this eligibility requirement will require the AC to invite an applicant older than 24 to disclose whether he or she has a disability (see Appendix 606, Communicating with Persons with Disabilities).
Special Rule for Veterans: In making the income determination, the Admissions Counselor will disregard military income earned by the veteran in the 6 months prior to the application.
4. Face one or more of the following barriers to education and employment:
(a) Is basic-skills deficient:
(1) A youth with English, reading, writing, or computer skills at or below the 8th grade level on a generally accepted standardized test; or
(2) An individual unable to compute or solve problems, read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society.
(c) Is homeless, as defined in sec. 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)); is a homeless child or youth, as defined in sec. 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434(a)(2)); is a runaway, an individual in foster care, or an individual who was in foster care and has aged out of the foster care system (see Exhibit 1-1, Job Corps Eligibility Requirements, for details)
(d) Is a parent, an individual who, in law, has custody, guardianship, or access rights in regard to a child and who may have corollary obligations to financially support a minor, typically by way of child support
(e) Requires additional education, career technical training, or workforce preparation skills in order to obtain and retain employment that leads to economic self-sufficiency
(f) Is a victim of a severe form of trafficking in persons, as defined in Section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(9)) (Individuals who qualify as a victim of a severe form of trafficking in persons need not meet the income eligibility requirement described above in R8.d.3. [above].)
5. Meet the Selective Service Registration requirement, if applicable. If the applicant is male, he must sign a consent form for automatic Selective Service Registration.
6. Educational and training needs
For each applicant, the AC must determine, based on the information relating to the background, needs, and interests of the applicant, whether the educational and career and technical training needs of the applicant can best be met through the Job Corps program, or if the applicant should be referred to an alternative program in the community in which he or she resides. Exhibit 1-1, Job Corps Eligibility Requirements, contains a detailed explanation about how to make these determinations. The following should be considered:
(a) If the applicant has not graduated from high school:
(1) The applicant wants to earn a high school diploma or its recognized equivalent and participate in career technical training (the applicant must indicate a desire to obtain both academic and career technical training).
(2) After graduation from Job Corps, the applicant intends to
- obtain employment,
- enter the military, or
- continue his or her education.
(b) If the applicant is a high school graduate:
(1) The applicant wishes to obtain career technical training.
(2) After graduation from Job Corps, the applicant intends to
- obtain employment
- enter the military, or
- continue his or her education.
7. Meet the determination that there is a reasonable expectation that the applicant can participate successfully in group situations and activities, and is not likely to engage in actions that would potentially
(a) prevent other students from receiving the benefit of the program,
(b) be incompatible with the maintenance of sound discipline, or
(c) impede satisfactory relationships between the center to which the student is assigned and surrounding local communities.
8. Demonstrate a basic understanding of the rules of the Job Corps program and the consequences of failure to follow the rules, and document that the applicant agrees to comply with the rules. The criteria that the applicant must meet, and the questions that the AC must ask the applicant in order to determine whether he or she meets these requirements, are described in detail in Exhibit 1-1, Job Corps Eligibility Requirements.
9. Disqualifying Convictions: An individual will not be selected as a student if the individual has been convicted of a felony consisting of
(a) murder (as described in Section 1111 of Title 18, United States Code),
(b) child abuse, or
(c) a crime involving rape or sexual assault.
10. After conducting a background check consistent with applicable State and local laws, confirm that the applicant is not on probation or parole, under a suspended sentence, or under the supervision of any agency as a result of court action or institutionalization, to the extent that he or she will be prohibited from participating in the program. The steps that the AC must take to determine whether the applicant meets these requirements are described in detail in Exhibit 1-1, Job Corps Eligibility Requirements, and Appendix 103, Admissions Counselor Guide for Evaluating Court Involvement/Agency Supervision and the Maintenance of Sound Discipline. The following is a brief description of the determinations the AC must make.
(a) If the applicant is on probation, or on parole, or under a suspended sentence, or under the supervision of any agency as a result of court action or institutionalization, then all of the following must be certified by the appropriate court or agency:
(1) The court or agency will approve of the applicant’s release from its supervision.
(2) The applicant’s release does not violate applicable statutes and regulations.
(3) The applicant has responded positively to supervision.
(4) The court or agency will permit the applicant to leave the local area or state while he or she is enrolled in Job Corps.
(b) If the applicant has court fines or court-ordered restitution in excess of $500, then one of the following requirements must be met:
(1) The applicant must settle the court fine or court-ordered restitution prior to enrollment.
(2) The court must agree to suspend the obligation during the applicant’s enrollment in Job Corps.
(3) The Regional Office of Job Corps grants a waiver and permits entry.
11. Have child care, if applicable. If the applicant is a parent, he or she must certify that he or she has made suitable arrangements for the care of any dependent children for the proposed period of enrollment.
12. Sign, or have a parent, guardian if a minor, or other representative sign, the “Authorization for Use and Disclosure of Your Health Information”.
13. Receive parental consent, if applicable. If the applicant is an un-emancipated minor, his or her parent or legal guardian must provide consent for him/her to participate in Job Corps. Exhibit 1-1, Job Corps Eligibility Requirements, describes how to determine whether the applicant is an emancipated minor.
e. Once the AC has completed the eligibility requirements process, if the AC makes a decision that the applicant meets the eligibility requirements, a conditional offer of enrollment will be made and the applicant will be assigned to a center. The AC will then:
1. Ask the applicant to complete the Job Corps Health Questionnaire (ETA 6-53).
2. Inform each applicant of his or her right to request reasonable accommodation and review the Reasonable Accommodation Request Form with the applicant (see Appendix 605, Definitions and Documentation Requirements Related to Reasonable Accommodations for Applicants and Students with Disabilities). If the applicant wants to request accommodation, the request form should be completed. The AC may assist with the completion of the request form as necessary.
3. Secure any corresponding supporting medical and/or educational documentation. The AC must not review the contents of this information, and must place all medical documents and/or all special education and/or disability documentation in a separate envelope. That envelope must be sealed and included with the applicant file that is forwarded to the center for review (see Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information).
R9. Priority Enrollment
An applicant who meets all of the eligibility requirements listed above, and who is a veteran of the armed forces of the United States or an eligible spouse of a veteran (as specified in Exhibit 1-6, Factors for Priority Enrollment), will receive priority in enrollment at Job Corps centers. Those applicants who qualify for priority enrollment will be offered the opportunity to enroll in the program before all other applicants.
As warranted, the National Director of Job Corps may initiate an “expedited enrollment” policy for victims of natural and man-made disasters. As directed, Outreach and Admissions agencies serving affected areas should follow the procedures outlined in Exhibit 1-8, Office of Job Corps Expedited Applicant Enrollment for Natural and Man-Made Disaster Victims.
a. Enter all information involving applicant eligibility criteria in the Outreach and Admissions Student Input System (OASIS) in accordance with the procedures specified in the OASIS documentation and Regional Office procedures.
b. Use the procedures described in Exhibit 1-1, Job Corps Eligibility Requirements, to verify, assess, and document information relating to applicant eligibility criteria.
c. Use the procedures described in Exhibit 1-2, Document Requirements for Assessment of Applicant Health Needs, to provide documentation to Job Corps centers for their use in assessing applicants’ health needs.
R11. Admissions Notification
ACs must advise all applicants of the results of the admissions determination.
a. If the applicant is eligible for enrollment, offer conditional enrollment to the applicant and advise the applicant that:
1. He or she will be assigned to a Job Corps center based on the applicant’s career training program preference, availability of training slots, and applicant’s geographic proximity to a center that has both.
2. The AC will collect medical information about the applicant and transmit it to the Job Corps center, along with the applicant’s file.
3. If the applicant offered enrollment has an apparent or known disability, the AC may ask whether he or she will need a reasonable accommodation to participate in Job Corps. Before the applicant responds, the AC must explain that:
(a) Providing disability-related information is voluntary – in other words, the applicant is not required to disclose whether he or she has a disability.
(b) Choosing not to disclose a disability, or to ask for a reasonable accommodation at this point, does not preclude him or her from asking for an accommodation at any point later in the enrollment process or during his or her participation in Job Corps.
(c) Disability-related information will be kept confidential as required by law.
(d) Disclosing whether he or she has a disability will not cause the applicant to receive unfavorable treatment.
(e) The information will be used only in accordance with the law.
b. To request a reasonable accommodation, the applicant offered enrollment must complete the Reasonable Accommodation Request Form (see Appendix 605). Responses to questions on the form must be provided by the applicant offered enrollment and/or his or her parent, guardian, or other representative, although the AC may help in filling out the form. The AC must place the completed form in a separate file for medical and disability-related information about the applicant. This file must be stored separately from other information about the applicant, and must be kept confidential, as explained in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information.
c. If the applicant is not eligible for enrollment, take the following steps:
1. Inform the applicant that he or she has been determined not to meet the specific eligibility requirement(s). Provide the applicant with a clear, documented, written explanation for the determination (see Appendix 104, Denial Letter Template for Admissions Counselors).
2. Inform the applicant of his or her rights, as follows:
(a) If the applicant believes that he or she has been denied admission as a result of discrimination on a protected basis (race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability (physical or mental), genetic information, parental status, sexual orientation, marital status, political affiliation or belief, or any other prohibited factor), he or she may file a written complaint within 180 days, either with the recipient of the funds as defined in 29 CFR 38.4, such as the OA agency or the Job Corps contractor, or center operator (if not federally operated) or with the director of the U.S. Department of Labor Civil Rights Center (DOL-CRC). Provide the applicant with the contact information of both the recipient and the Director of DOL- CRC. DOL-CRC’s information is as follows:
Director, Civil Rights Center
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
Phone: (202) 693-6502
TTY: (202) 693-6516
If the applicant files with the recipient of the funds as defined in 29 CFR 37.4 and is dissatisfied with the result, he or she has 30 days to file a new complaint with DOL-CRC. Likewise, if the applicant fails to receive a written Notice of Final Action from the recipient within 90 days of filing a complaint, then the applicant need not wait for the recipient to issue that notice before filing with DOL-CRC. However, the applicant must file with DOL-CRC within 30 days of the 90-day deadline.
(b) If the applicant believes that he or she has been wrongfully found unqualified for reasons unrelated to discrimination, he or she may file an appeal with the OA agency or the Job Corps center within 60 days of the determination. Provide the applicant with the name and address of the OA agency and the appropriate Job Corps center with whom the appeal must be filed, and explain the time frame and deadline for appealing. A hearing must be conducted within 30 days of when the appeal was filed.
The OA agency must establish procedures for the review of appeals. The procedures must include at a minimum the following steps:
(1) Designate a Point of Contact at the OA corporate office.
(2) Create an appeal review panel consisting of at least one corporate staff member and one contract staff member.
(3) Conduct a verification call with the applicant.
(4) Review final determination with the Admissions Counselor and Quality Assurance Manager.
(5) Submit written decision to the applicant and send a copy to the Regional Office.
The OA agency or Job Corps center must issue a decision on the appeal within 60 days of when the appeal was filed. If the OA agency or Job Corps center denies the appeal within 60 days of when the appeal was filed, the applicant may appeal the denial to the Job Corps Regional Director within 60 days of the date of the denial. If the OA agency or Job Corps center does not issue a decision on the appeal within 60 days of when the appeal was filed, the applicant may file an appeal with the Job Corps Regional Director within 60 days from the date the center operator or service provider should have issued the decision.
Also notify the applicant that if the OA agency, Job Corps center, or Regional Office rejects the appeal, and the applicant believes that the agency, center, or Regional Office rejected his or her appeal for reasons of discrimination, he or she has 180 days from receipt of the determination letter to file a complaint with the DOL-CRC.
3. Refer the applicant to an appropriate one-stop center, or other training/educational resource in his or her home community.
4. On a monthly basis, submit no fewer than 5 percent of files of applicants denied admission to the Regional Office for a quality review. The quality review does not take place before the applicant is notified of the denial.
5. Regardless of whether the applicant is enrolled, copies of his or her records must be kept for a period of no less than 3 years from the close of the program year in which the determination was made. If the applicant files an appeal, or a complaint alleging that the admissions process was affected by discrimination or that the Workforce Innovation and Opportunity Act (WIOA) nondiscrimination requirements were violated during the process, copies of the records must be kept for a period of no less than 3 years from the date on which the complaint or appeal was resolved.
R12. Collection and Handling of Health-Related Information and Documents
a. Use the Job Corps Health Questionnaire (ETA 6-53) to collect health information about the applicant offered enrollment, along with any medically connected documentation, as described in the instructions for the Job Corps Health Questionnaire (ETA 6-53).
b. Forward the originals of the Job Corps Health Questionnaire (ETA 6-53) of the applicant offered enrollment, and all documentation that has been collected, to the center of assignment. These documents must be forwarded in envelopes or files that are sealed and kept separate from any other information about the applicant offered enrollment.
c. For applicants who are not offered enrollment, retain copies of the Job Corps Health Questionnaire (ETA 6-53), and all related documentation that has been collected, in a file that is stored separately from any other information about the applicant. The Job Corps Health Questionnaire (ETA 6-53), the related documentation, and all other medical or disability-related information about the applicant must be kept confidential, and access to this information must be strictly limited to persons with a need to know, as described in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information.
OA agencies may retain copies of the ETA 6-52, Job Corps Reasonable Accommodation Request Form-Admissions (Appendix 106), applicant folder cover sheet, folder inventory, alternate contact sheet and a copy of documentation showing proof of low income eligibility. With the exception of Appendix 106, Job Corps Reasonable Accommodation Request Form-Admissions, copies of these documents may be filed electronically.
R13. Collection and Handling of Other Types of Required Documents
ACs must help the applicant offered enrollment to make copies of the documents in the list below for use on center. The AC should either send these documents to the center or ensure that the applicant offered enrollment takes them with him or her when he/she departs for the center.
a. Applicants need proof of citizenship, legal residency, or authorization to work.
b. Applicants need public assistance documentation, if applicable; e.g., records of Temporary Assistance for Needy Families (TANF) or food stamps. If this documentation discloses that the applicant offered enrollment has a disability, and the AC plans to send the documentation to the center rather than having the applicant take it with him or her, the following requirements apply:
1. It must be placed in a separate “health records file,” and until it is sent, it must be stored separately from all other documents related to the applicant.
2. Hard copies of the documentation must be transmitted in sealed envelopes.
3. Access to the documentation must be strictly limited, as explained in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information.
c. Applicants need their medical insurance card, if applicable.
d. Applicants need their immunization records. The transmission, storage, and confidentiality requirements described in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information, apply to these records.
e. Applicants need their release entitled “Right to Use Photographic Likeness or Moving Images,” signed by the applicant offered enrollment, or by a parent or legal guardian if applicant is a minor (see Appendix 601, Student Rights to Privacy and Disclosure of Information).
f. Applicants need their form entitled, “Job Corps Informed Consent to Receive Mental Health and Wellness Treatment” signed by the applicant offered enrollment, or by a parent or legal guardian if the applicant is an un-emancipated minor (see Exhibit 1-4, Job Corps-Informed Consent to Receive Mental Health and Wellness Treatment).
R14. Assignment and Scheduling Procedures
A note about accessibility considerations: Because all Job Corps centers are required to comply with applicable accessibility requirements, it is unlawful to assign an applicant to a particular center, or to steer such an applicant away from a center, based solely on accessibility concerns. Even if the law does not require a specific center to comply with federal architectural accessibility guidelines, the center may be required to provide reasonable accommodations for the needs of a particular individual’s disabilities if the accommodations are not an undue hardship.
If an applicant offered enrollment has disclosed a mobility-related disability, or has such a disability that is obvious (for example, if he or she uses a wheelchair), and the AC has concerns about the accessibility of the most suitable center, the AC may raise those concerns with the applicant and/or his or her parent, guardian, or other representative. In these cases, three points must be kept in mind:
OA contractors must:
a. The AC should inform the applicant and/or his or her parent, guardian, or other representative that the applicant is entitled to ask for a reasonable accommodation, which may include a request for modifications to the center at issue.
b. Job Corps’ Reasonable Accommodation Committee (RAC) is required to consult with the applicant to identify possible accommodations and must give consideration to the applicant’s choice of accommodation, but Job Corps is not required to implement an accommodation that would impose an undue hardship.
c. The ultimate decision about whether the applicant will or will not accept a reasonable accommodation must be left up to the applicant and/or his or her parent, guardian, or other representative.
a. Assign enrollees to a center offering the type of career technical training selected by the individual, and, among the centers that offer such training, is closest to the enrollee’s home, unless:
1. The enrollee would be unduly delayed in participating in the Job Corps program because the closest center is operating at full capacity.
2. The parent or guardian of an enrollee requests assignment to another Job Corps center due to circumstances in the home community of the enrollee that would impair prospects for his or her successful participation in the Job Corps program. Such a request must be documented in the applicant file.
3. If a parent or guardian of the enrollee objects to the assignment of an enrollee under the age of 18 to a center other than the center closest to home that offers the desired career technical training, such an assignment must not be made. The objection of the parent or guardian must be documented in the applicant’s file.
b. Give priority in assignments of open slots to applicants offered enrollment who are veterans of the armed forces of the United States or spouses of veterans, as specified in Exhibit 1-6, Factors for Priority Enrollment.
R15. Applicant Files
OA contractors must ensure that OASIS files are available to the center of assignment and that hard copy documents are available to the center at least 7 working days prior to each applicant’s scheduled arrival at the center, or departure to the center, if using government-furnished transportation.
R16. Withdrawal of Application
If an applicant withdraws his or her application, or an applicant offered enrollment chooses not to enroll, all supporting documentation should be maintained with the central file, and returned to the OA agency if the application is not in regional review. If the application is in regional review, then the applicant file and all supporting documentation must be returned to the Regional Office who will review the documentation of the withdrawal before returning the file to OA. Files must be maintained for a minimum of 3 years from the end of the applicable program year. Health and disability-related documentation must be maintained in a separate file to which access is strictly limited, as described in Appendix 607, Transmission, Storage, and Confidentiality of Medical, Health, and Disability-Related Information.