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1.4 Enrollee Selection

Requirements

R1. Admissions Notification

a. Admission Services must advise all applicants of the results of the admissions determination.

​​​1. If the applicant is eligible for enrollment, offer conditional enrollment to the applicant and advise the applicant that they will be assigned to a Job Corps center based on the applicant’s career training selection, availability of training slots, and applicant’s geographic proximity to a center.

​​​​2. Admissions Services must attempt to collect related available medical information about the applicant after voluntary disclosure of medical conditions and upload it to the respective Wellness and Accommodation E-Folder. Admissions Services​ must assign the applicant file to "Pending Center Review" status. See Chapter 2, Appendix 202, Transmission, Storage and Confidentiality of Medical, Health, and Disability-Related Information​.

3. If the applicant offered enrollment has an apparent or known disability, the Admissions Services staff may ask whether they will need a RA/RM/AAS to participate in Job Corps. Before the applicant responds, Admissions Services must explain that:

(a) Providing disability-related information is voluntary – in other words, the applicant is not required to disclose whether they have a disability.

(b) Choosing not to disclose a disability, or to ask for a RA/RM/AAS at this point, does not preclude them from asking for an accommodation at any point later in the enrollment process or during their participation in Job Corps.

(c) Disability-related information will be kept confidential as required by law.

(d) Disclosing whether they have a disability will not cause the applicant to receive unfavorable treatment.

(e) The information will be used only in accordance with the law.

b. A RA/RM/AAS request can be communicated in any form (e.g., oral, written, sign language). However, the request must be documented on the Job Corps RA/RM/AAS Request Form (see Form 2-03, Procedures for Providing Reasonable Accommodation, Reasonable Modification in Policies, Practices or Procedures and Auxiliary Aids and Services for Participation in the Job Corps Program). Respon​ses to questions on the form must be provided by the applicant offered enrollment and/or their parent, guardian, or other representative, although Admission Services may help in filling out the form. Admissions Services must upload the completed form to the Disability E-Folder. This information must be stored 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 they have 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 Services).

2. Inform the applicant of their rights, as follows:

​​(a) If the applicant believes that they have 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), they 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 Admissions Services provider 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, they have 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 ​​​they have been wrongfully found unqualified for reasons unrelated to discrimination, they may file an appeal with the Admissions Services provider or the Job Corps center within 60 days of the determination. Provide the applicant with the name and address of the Admissions Services provider 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 Admissions Services provider must establish procedures for the review of appeals. The procedures must include the following steps:

(1) Designate the Admissions Services provider Point of Contact.

(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 Services Quality Assurance Manager.

(5) Submit written decision to the applicant and send a copy to the Regional Office.

The Admissions Services provider or Job Corps center must issue a decision on the appeal within 60 days of when the appeal was filed. If the Admissions Services provider 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 Admissions Services provider 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, upon review of the appeal, the Admissions Services provider, Job Corps center, or Regional Office denies​ the appeal, and the applicant believes that the Admissions Services provider, center, or Regional Office denied their appeal for reasons of discrimination, they have 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 their 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 their 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

Admissions Services 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 their home community.

​b. Ensure the applicant's electronic record reflects ​the steps that were taken to inform, counsel, and refer the readmission applicant who was determined not to meet the eligibility requirements.

  
Form 2-03 Procedures for Providing RA-RM-AAS for Participation in the Job Corps Program
  
Appendix 103 Denial Letter Template for Admissions Services
Appendix 202 Transmission Storage and Confidentiality of Medical Health and Disability-Related Information
 29 CFR 38.4
 WIOA