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 1.4 Enrollee Selection

 
 

 Requirements

 

R1. Admissions Notification

Admission Counselors (AC) 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 Form 2-03). 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 202, 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 103, 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 Outreach and Admissions (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 

Room N-4123

Washington, DC 20210

Phone:  (202) 693-6502

TTY:  (202) 693-6516

CivilRightsCenter@dol.gov

​​If the applicant files with the recipient of the funds as defined in 29 CFR 38.4​ 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 Career Center/American Job 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.

R2. Readmission Denials

ACs must:

a. Refer readmission applicants determined not to meet the eligibility requirements to an appropriate One-Stop Career Center/American Job Center or other training/educational resource in his or her home community.

​b. Keep clear documentation on file about the steps that were taken to inform, counsel, and refer the readmission applicant who was determined not to meet the eligibility requirements.

 

 Forms

 
  
Form 2-03 Definitions and Documentation Requirements Related to Reasonable Accommodations
 

 Appendices

 
  
Appendix 103 Denial Letter Template for Admissions Counselors
Appendix 202 Transmission Storage and Confidentiality of Medical Health and Disability-Related Information
 

 Legal/CFR Requirements

 
  
29 CFR 38.4
WIOA