The National Farmworker Jobs Program Customers and Available Program Services

20 C.F.R. Part ..., Subpart C
in effectEffective: 2024-07-01

20 C.F.R. § 669.300 What are the general responsibilities of the NFJP grantees?

Each grantee is responsible for providing needed services in accordance with a service delivery strategy described in its approved grant plan. These services must reflect the needs of the MSFW population in the service area and include the services and training activities that are necessary to achieve each participant's employment goals.

20 C.F.R. § 669.310 What are the basic components of an NFJP service delivery strategy?

The NFJP service delivery strategy must include: (a) A customer-centered case management approach; (b) The provision of workforce investment activities, which include core services, intensive services, and training services, as described in WIA section 134, as appropriate; (c) The arrangements under the MOU's with the applicable Local Workforce Investment Boards for the delivery of the services available through the One-Stop system to MSFW's; and (d) Related assistance services.

20 C.F.R. § 669.320 Who is eligible to receive services under the NFJP?

Disadvantaged migrant and seasonal farmworkers, as defined in § 669.110, and their dependents are eligible for services funded by the NFJP.

20 C.F.R. § 669.330 How are services delivered to the customer?

To ensure that all services are focused on the customer's needs, services are provided through a case-management approach and may include: Core, intensive and training services; and related assistance, which includes emergency assistance and supportive services. The basic services and delivery of case-management activities are further described at §§ 669.340 through 669.410. Consistent with 20 CFR part 663, before receiving intensive services, a participant must receive at least one core service, and, prior to receiving training services, a participant must receive at least one intensive service.

20 C.F.R. § 669.340 What core services are available to eligible MSFW's?

The core services identified in WIA section 134(d)(2) are available to eligible MSFW's.

20 C.F.R. § 669.350 How are core services delivered to MSFW's?

(a) The full range of core services are available to MSFW's, as well as other individuals, at One-Stop Centers, as described in 20 CFR part 662. (b) Core services must be made available through the One-Stop delivery system. The delivery of core services to MSFW's, by the NFJP grantee and through the One-Stop system, must be discussed in the required MOU between the Local Board and the NFJP grantee.

20 C.F.R. § 669.360 May grantees provide emergency assistance to MSFW's?

(a) Yes, Emergency Assistance (as defined in § 669.110) is a form of the related assistance that is authorized under WIA section 167(d) and may be provided by a grantee as described in the grant plan. (b) In providing emergency assistance, the NFJP grantee may use an abbreviated eligibility determination process that accepts the applicant's self-attestation as final evidence of eligibility, except that self-attestation may not be used to establish the requirements of legal working status in the United States, and Selective Service registration, where applicable.

20 C.F.R. § 669.370 What intensive services may be provided to eligible MSFW's?

(a) Intensive services available to farmworkers include those described in WIA section 134(d)(3)(C). (b) Intensive services may also include: (1) Dropout prevention activities; (2) Allowance payments; (3) Work experience, which: (i) Is designed to promote the development of good work habits and basic work skills at the work-site (work experience may be conducted with the public and private non-profit sectors and with the private for-profit sector when the design for this service is described in the approved grant plan); and which: (ii)(A) May be paid. Paid work experience must compensate participants at no less than the higher of the applicable State or Federal minimum wage; or (B) May be unpaid. Unpaid work experience must provide tangible benefits, in lieu of wages, to those who participate in unpaid work experience and the strategy for ensuring that tangible benefits are received must be described in the approved grant plan. The benefits to the participant must be commensurate with the participant's contribution to the hosting organization; (4) Literacy and English-as-a-Second language; and (5) Other services identified in the approved grant plan.

20 C.F.R. § 669.380 What is the objective assessment that is authorized as an intensive service?

(a) An objective assessment is a procedure designed to comprehensively assess the skills, abilities, and interests of each employment and training participant through the use of diagnostic testing and other assessment tools. The methods used by the grantee in conducting the objective assessment may include: (1) Structured in-depth interviews; (2) Skills and aptitude assessments; (3) Performance assessments (for example, skills or work samples, including those that measure interest and capability to train in nontraditional employment); (4) Interest or attitude inventories; (5) Career guidance instruments; (6) Aptitude tests; and (7) Basic skills tests. (b) The objective assessment is an ongoing process that requires the grantee staff to remain in close consultation with each participant to continuously obtain current information about the participant's progress that may be relevant to his/her Individual Employment Plan (IEP).

20 C.F.R. § 669.400 What are the elements of the Individual Employment Plan that is authorized as an intensive service?

The elements of the Individual Employment Plan (IEP) are: (a) Joint development: The grantee develops the IEP in partnership with the participant; (b) Customer focus: The combination of services chosen with the participant must be consistent with the results of any objective assessment, responsive to the expressed goals of the participant, and must include periodic evaluation of planned goals and a record of accomplishments in consultation with the participant; (c) Length/type of service: The type and duration of intensive or training services must be based upon: (1) The employment/career goal; (2) Referrals to other programs for specified activities; and (3) The delivery agents and schedules for intensive services, training and training-related supportive services; and (d) Privacy: As a customer-centered case management tool, an IEP is a personal record and must receive confidential treatment.

20 C.F.R. § 669.410 What training services may be provided to eligible MSFW's?

(a) Training services include those described in WIA sections 134(d)(4)(D) and 167(d), and may be described in the IEP and may include: (1) On-the-job training activities under a contract between the participating employer and the grantee; (2) Training-related supportive services; and (b) Other training activities identified in the approved grant plan such as training in self-employment skills and micro-enterprise development.

20 C.F.R. § 669.420 What must be included in an on-the-job training contract?

At a minimum, an on-the-job training contract must comply with the requirements of WIA sections 195(4) and 101(31) and must include: (a) The occupation(s) for which training is to be provided; (b) The duration of training; (c) The wage rate to be paid to the trainee; (d) The rate of reimbursement; (e) The maximum amount of reimbursement; (f) A training outline that reflects the work skills required for the position; (g) An outline of any other separate classroom training that may be provided by the employer; and (h) The employer's agreement to maintain and make available time and attendance, payroll and other records to support amounts claimed by the employer for reimbursement under the OJT contract.

20 C.F.R. § 669.430 What Related Assistance services may be provided to eligible farmworkers?

Related Assistance may include such services and activities as: (a) Emergency Assistance; (b) Workplace safety and farmworker pesticide safety instruction; (c) Housing development assistance; (d) Other supportive services described in the grant plan; and (e) English language classes and basic education classes for participants not enrolled in intensive or training services.

20 C.F.R. § 669.440 When may farmworkers receive related assistance?

Farmworkers may receive related assistance services when the need for the related assistance is documented for any eligible farmworker or dependent in a determination made by the grantee or in a statement by the farmworker.

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