(A)Conflict with Revised CodeWhich
section of the Revised Code applies to community service?
(1)Section (5) of Amended Substitute Senate
Bill 238 of the 126th General Assembly (9/2006) sets forth the following
provision: Not later than September 30, 2006, the director of job and family
services shall adopt rules as necessary for the state to comply with 42 U.S.C.
607(i)(2)(8/1996). When necessary to bring the state into compliance with 42
U.S.C. 607 (i)(2), the rules may deviate from Chapter 5107. of the Revised
Code. Rules adopted under this section that govern financial and other
administrative requirements applicable to the department of job and family
services and county agencies shall be adopted in accordance with section 111.15
of the Revised Code when they were internal management rules. All other rules
adopted under this section shall be adopted in accordance with Chapter 119. of
the Revised Code.
(2)(1) Section 5107.05 of the
Revised Code authorizes the director of job and family services to adopt rules
as necessary to comply with Title IV-A, Title IV-D, federal regulations, state
law, and the state planThe county department of
job and family services shall administer the work activity programs in
accordance with the requirements contained in this rule and not in accordance
with sections 5107.40, 5107.541 and 5107.60 of the Revised Code.
(3)(2) The county department
of job and family services will administer the work activity programs in
accordance with requirements contained in this rule and not in accordance with
sections 5107.40, 5107.541 and 5107.60 of the Revised Code All applicable requirements contained in the Revised Code
sections referenced in paragraph (A)(2) of this rule have been incorporated in
this rule.
(B)What is
community service?
Community service means structured programs and embedded
activities in which Ohio works first (OWF) work eligible individuals perform
work for the direct benefit of the community under the direction of public or
nonprofit organizations, and are also designed to improve the employability of
individuals not otherwise able to obtain unsubsidized full-time employment.
(C)What activities
meet the definition of community service?
(1)Community
service programs shall be limited to projects that serve a useful community
purpose in fields such as:
(a)Health;
(b)Social service;
(c)Environmental
protection;
(d)Education;
(e)Urban or rural
development;
(f)Welfare;
(g)Recreation;
(h)Public
facilities;
(i)Public safety;
and
(j)Child care.
(2)The following
activities do not meet the definition of community service:
(a)Substance abuse
treatment programs;
(b)Mental health
and family violence counseling;
(c)Life skills
classes;
(d)Parenting
classes;
(e)Job readiness
instruction; and
(f)Caring for a
disabled household member.
(3)A county agency
shall take into account to the extent possible, the prior training, experience
and skills of an assistance group member in making an appropriate community
service assignment.
(D)What educational activities meet the
definition of community service?
(1)A county agency may contract with the
chief administrator of a nonpublic school or with any school district board of
education that has adopted a resolution under section 3319.089 of the Revised
Code.
(2)A work eligible individual who has a
minor child enrolled in a nonpublic school or a public school in the district
may be assigned under the community service program to volunteer or work for
compensation at the school in which the child is enrolled.
(3)Unless it is not possible or practical,
a contract is to provide for a work eligible individual to volunteer or work at
school as a classroom aide. If that is impossible or impractical, the contract
may provide for the work eligible individual to volunteer to work in another
position at the school.
(4)A contract may provide for the nonpublic
school or board of education to receive funding to pay for the coordination,
training, and supervision of work eligible individuals who are volunteering or
working in schools.
(5)Notwithstanding section 3319.088 of the
Revised Code, a work eligible individual volunteering or working as a classroom
aide under this rule is not required to obtain an educational aide permit or
paraprofessional license. The work eligible individual is not to be considered
an employee of a political subdivision for purposes of Chapter 2744. of the
Revised Code and is not entitled to any immunity or defense available under
that chapter, the common law of this state, or section 9.86 of the Revised
Code.
(D)(E) Are community service activities subject to the
Fair Labor Standards Act (05/2007)(05/2000) (FLSA)?
Hours assigned to community service shall be in compliance with
the FLSA requirements set forth in paragraph (J) of rule 5101:1-3-12 of the
Administrative Code.
(E)(F) Who is responsible for workers compensation
premiums?
A private or government entity with which a work eligible
individual is placed for community service activities shall pay premiums to the
bureau of workers compensation on account of the work eligible individual
unless a county agency pays the premiums for an entity.
(F)What educational activities meet the
definition of community service?
(1)A county agency may contract with the
chief administrator of a nonpublic school or with any school district board of
education that has adopted a resolution under section 3319.089 of the Revised
Code.
(2)A work eligible individual who has a
minor child enrolled in a nonpublic school or a public school in the district
may be assigned under the community service program to volunteer or work for
compensation at the school in which the child is enrolled.
(3)Unless it is not possible or practical,
a contract shall provide for a work eligible individual to volunteer or work at
school as a classroom aide. If that is impossible or impractical, the contract
may provide for the work eligible individual to volunteer to work in another
position at the school.
(4)A contract may provide for the nonpublic
school or board of education to receive funding to pay for the coordination,
training, and supervision of work eligible individuals who are volunteering or
working in schools.
(5)Notwithstanding section 3319.088 of the
Revised Code, a work eligible individual volunteering or working as a classroom
aide under this section is not required to obtain an educational aide permit or
paraprofessional license. The work eligible individual shall not be considered
an employee of a political subdivision for purposes of Chapter 2744. of the
Revised Code and is not entitled to any immunity or defense available under
that chapter, the common law of this state, or section 9.86 of the Revised
Code.
Effective: 11/1/2020
Five Year Review (FYR) Dates: 8/7/2020 and 11/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 10/13/2020
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 09/29/2006 (Emer.), 12/29/2006,
10/01/2008, 05/01/2010, 09/01/2015