On March 18, 2016, a letter from the U.S. Department of Labor (USDOL) was sent to Governor Kasich in regard to concerns with CCMEP and Ohio's obligations under the Workforce Innovation and Opportunity Act (WIOA). Since that time, USDOL and Ohio have worked together to alleviate and resolve the identified concerns. Ohio appreciates the ongoing partnership with USDOL regarding the implementation of CCMEP.

As a result of the work Ohio has done with USDOL, changes to the implementation of CCMEP have been made. Effective the publication date of this procedure letter, the guidance provided in this letter shall supersede any existing rule, policy guidance or training material issued by the Ohio Department of Job and Family Services (ODJFS). ODJFS intends to propose rules 5101:10-3-01, 5101:14-1-05, and 5101:14-1-06 of the Administrative Code for revision and will update prior policy guidance and/or training materials as necessary.

1.         Mandated Hours of Activity

USDOL expressed concern that CCMEP participants must commit to participating in CCMEP for a minimum of 20 hours per week. WIOA does not require that participants spend a certain number of hours engaged in a program activity, and does not contain any provisions explicitly permitting States to mandate the hours of activity of a program participant.

While Ohio understands that WIOA does not establish a requirement of how much time is devoted to WIOA services, Ohio desires to provide services in a manner that is more comprehensive and potentially more effective. One of the basic tenets for successful implementation of CCMEP is to ensure engagement of the participants. Working with young adults, ages 16 to 24 years old, who are disconnected from education and the workforce, comes with many challenges that CCMEP attempts to address.

CCMEP will be modified to allow the CCMEP case manager to provide work and training activities to establish a 20 hour activity standard, but this may vary on a case-by-case basis. The lead agency will continue to use 20 hours or more of assigned CCMEP services and activities as the guideline to ensure engagement of the participant. However, there may be situations in which the CCMEP participant may have less than the 20 hour standard.

Although OWF work-eligible individuals will continue to be required to participate in CCMEP for 20 hours or the number of hours required by rule 5101:1-3-12 of the Administrative Code, whichever is higher, paragraphs (E) and (G) of rule 5101:14-1-05 of the Administrative Code will be revised to clarify that, based on the comprehensive assessment, there may be circumstances under which the lead agency may reduce a CCMEP program participant's hours of participation to less than the 20 hour standard (including when a work eligible individual is assigned to fewer hours due to a reasonable modification made in accordance with rule 5101:1-3-12(C)(2) of the Administrative Code). The lead agency shall document the reason for not assigning the CCMEP program participant to 20 or more hours in the case record.

2.         Consequences of Participant Failure to Engage

USDOL noted that Ohio's regulations provide that a program participant may be exited from CCMEP and the participant's eligibility for CCMEP terminated if the participant has failed to utilize CCMEP services on multiple occasions without good cause.

However, this provision conflicts with federal WIOA regulations, which say that once a CCMEP youth participant is deemed WIOA youth program eligible and receives a WIOA funded service, the individual's WIOA youth program eligibility remains for the duration of the program. Lead agencies do not have the ability to terminate a CCMEP participant's WIOA youth program eligibility. Moreover, CCMEP participants may only be exited from CCMEP by their case managers if the participants either no longer need or have not availed themselves of any additional services for a period of 90 days after the end date of their last service. If a participant is exited from the program after the 90-day period and wishes to return to CCMEP, the participant can do so after re-establishing his or her eligibility.

Rule 5101:14-1-06 of the Administrative Code will be modified to delete references to "terminating eligibility" when describing when a program participant should be exited from the program. Furthermore, this rule will be revised to state a CCMEP program participant may be exited from the program if the participant has not availed himself or herself of CCMEP services and activities on multiple occasions without good cause and the lead agency has made reasonable efforts to provide services and to re-engage the program participant. While the changes apply to OWF work-eligible individuals participating in CCMEP, work-eligible individuals remain subject to a sanction of their OWF benefits for failing or refusing to comply with the terms of their Individual Opportunity Plan.

3.         Citizenship Requirements

USDOL noted that the citizenship requirements for WIOA as outlined rule 5101:10-3-01 of the Administrative Code were in conflict with the guidance promulgated by USDOL. The Department of Homeland Security has a process called "Deferred Action for Childhood Arrivals (DACA)" for individuals who came to the United States as children and meet certain guidelines. The DACA process may result in a two year period of "deferred action," or relief from removal from the county or from entering into removal proceedings, subject to renewal, and issuance of employment authorization for the period of deferred action.

DACA participants may participate in WIOA programs, including the CCMEP WIOA youth program, if the participant has been issued employment authorization, and rule 5101:10-3-01 of the Administrative Code will be modified to reflect such WIOA citizenship requirements.