N.M. Admin. Code § 11.2.8.10
Current through Register Vol. 35, No. 24, December 23, 2024
Section 11.2.8.10 - WIOA PARTICIPANT ELIGIBILITYLocal boards are required to establish and formally approve a local policy for making eligibility determinations for the three WIOA finding streams under Title I - adult, dislocated worker, and youth. Local board policy must also include guidance on the use of self-attestation as a last resort when other documentation cannot be found or accessed.
A.Adult and dislocated worker eligibility. Eligibility criteria vary according to each type of career or training service, in accordance with Sections 20 CFR 680.120, 680.130, and 680.210. (1) To be eligible to receive career services as an adult in the adult and dislocated worker programs, an individual must be 18 years of age or older, and meet the criteria of Section 680.120.(2) To be eligible for any dislocated worker program, an eligible adult must meet the criteria of section 20 CFR 680.130.(3) Eligibility criteria for training services are found at Sections 20 CFR 680.210 and 680.220.B.Youth eligibility. Section 20 CFR 681, Part B governs eligibility criteria for youth activities under WIOA Title I. In order to be a participant in the WIOA youth program an eligibility determination must be made including the provision of an objective assessment, development of an individual service strategy, and participation in any of the 14 WIOA youth program elements discussed in section 11.2.8.13 of this rule.(1) Both in-school and out-of-school youth are eligible for youth services, in accordance with definitions in Sections 20 CFR 681.210-220.(2) Applicable state law governs the definition for "attending" or "not attending" school for the purposes of determining in-school youth and out-of-school youth eligibility for WIOA-funded service. These definitions are based on the department of public education's rules in 6.10.4 NMAC and described in the WIOA state plan.(3) Applicable state law for secondary and postsecondary institutions defines "school", however, for the purposes of WIOA, some additional eligibility restrictions apply, in accordance with Section 20 CFR 681.230.(4) Sections 20 CFR 681.250-270 address how certain eligibility criteria are to be applied including low-income and disability determinations.(5) Local boards must establish a policy in their local plans to govern how "basic skills deficient" criteria are to be applied in making eligibility determinations, in accordance with Section 20 CFR 681.290 and the WIOA state plan.(6) For in-school and out-of-school youth, local boards may establish definitions and eligibility documentation requirements for the "requires additional assistance to enter or complete an educational program, or to secure and hold employment" criterion of Sections 20 CFR 681.210(c)(9) and 681.220(d)(8). Local boards who wish to apply this criterion must establish a policy in their local plans that aligns with state policy as stated in the WIOA state plan and that local policy must establish definitions and eligibility documentation requirements for the "requires additional assistance to complete an educational program to secure and hold employment".(7) Per WIOA Section 129(3)(B), local areas are not allowed to assist more than five percent of in-school youth who are eligible under "individual who requires additional assistance" to complete an educational program or to secure of hold employment.(8) Per WIOA Section 129(3)(A)(ii), local areas are not allowed to assist more than five percent of in-school youth who are not low-income.N.M. Admin. Code § 11.2.8.10
11.2.8.10 NMAC - N, 8-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 11, June 12, 2018, eff. 7/1/2018