WSR 01-03-132

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 23, 2001, 2:17 p.m. ]

Date of Adoption: January 23, 2001.

Purpose: Amend WAC 388-310-0900, 388-310-1000 and 388-310-1050, to describe the new eligibility rules for internships and practicums, and seasonal employment.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-0900, 388-310-1000, and 388-310-1050.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The department also recently approved allowing internships, practicums, and seasonal employment to meet the work requirement for TANF. The department must file this rule change by emergency because of the time sensitive nature of these policy changes, as seasonal workers approach the off season and the fall quarter begins.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0. Effective Date of Rule: Immediately.

January 23, 2001

Bonita H. Jacques, Chief

Office of Legal Affairs

2866.4
AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-0900   WorkFirst--Basic education.   (1) What is basic education?

Basic education is high school completion, classes to prepare for GED and testing to acquire GED certification. It may include families that work, workplace basics, adult basic education (ABE) or English as a second language (ESL) training if:

(a) It is determined you need this education to become employed or get a better job; and

(b) This activity is combined with paid or unpaid employment or job search.

(2) When do I participate in basic education as part of WorkFirst?

You may participate in basic education as part of WorkFirst under any of the following circumstances:

(a) You may choose to participate, if you are twenty years of age or older and are working in paid or unpaid employment or in job search for a minimum of twenty hours a week (in addition to the basic education).

(b) You may be required to participate if you are a mandatory participant, a parent eighteen or nineteen years of age, you do not have a high school diploma or GED certificate and you need this education in order to find employment.

(c) You will be required to be in high school or a GED certification program if you are a mandatory participant, sixteen or seventeen years old and you do not have a high school diploma or GED certificate.

(d) Employment security department (ESD) has determined that you are a seasonal worker (that is, your normal way of life is based on recurring cycle of seasonal employment). Under WorkFirst, seasonal workers qualify for full-time education and training during the off season.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-0900, filed 4/28/99, effective 5/29/99; 97-20-129, 388-310-0900, filed 10/1/97, effective 11/1/97.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-1000   WorkFirst--Vocational education.   (1) What is vocational education?

Vocational education is training that leads to a degree or certificate in a specific occupation and is offered by an accredited:

(a) Public and private technical college or school;

(b) Community college; or

(c) Tribal college.

(2) When can vocational education be included in my individual responsibility plan?

We may add vocational education to your individual responsibility plan if:

(a) You are working twenty or more hours a week; or

(b) ((You lack job skills that are in demand for entry level jobs in your area; and

(c) The vocational education program is the only way that you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, pre-employment training or on-the-job training that can teach you these skills))) Employment security department (ESD) has determined that you are a seasonal worker (that is, your normal way of life is based on a recurring cycle of seasonal employment). Under WorkFirst, seasonal workers qualify for full-time education and training during the off season; or

(c) You are in an internship or practicum for up to twelve months that is paid or unpaid and required to complete a course of vocational training or to obtain a license or certificate in a high demand field, as determined by the employment security department; or

(d) You lack job skills that are in demand for entry level jobs in your area; and the vocational education program is the only way that you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, pre-employment training or on-the-job training that can teach you these skills).

(3) Can I get help with paying the costs of vocational education?

WorkFirst will pay for the costs of your vocational education, such as tuition or books, if vocational education is in your individual responsibility plan and there is no other way to pay them. You can also get help with paying your child care costs through the working connections child care program. (See chapter 388-290 WAC for the working connections child care program rules.)

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-1000, filed 4/28/99, effective 5/29/99; 98-23-037, 388-310-1000, filed 11/10/98, effective 12/11/98; 97-20-129, 388-310-1000, filed 10/1/97, effective 11/1/97.]


AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-1050   WorkFirst--Job skills training.   (1) What is job skills training?

Job skills training is training in specific skills directly related to employment, but not tied to a specific occupation. Job skills training programs differ in how long the course lasts, what skills are taught and who provides the training. The training may be offered by:

(a) Community based organizations;

(b) Businesses;

(c) Tribal governments; or

(d) Public and private community and technical colleges.

(2) When can job skills training be included in my individual responsibility plan?

We may add job skills training in your individual responsibility plan for the same reasons we would add vocational education. That is if:

(a) You are working twenty or more hours a week; or

(b) Employment security department (ESD) has determined that you are a seasonal worker (that is, your normal way of life is based on a recurring cycle of seasonal employment). Under WorkFirst, seasonal workers qualify for full-time education and training during the off season; or

(c) You are in an internship or practicum for up to twelve months that is paid or unpaid and required to complete a course of vocational training or to obtain a license or certificate in a high demand field, as determined by the employment security department; or

(d) You lack job skills that are in demand for entry level jobs in your area; and

(((c))) (e) The job skills training program is the only way you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, pre-employment training, or on-the-job training that can teach you these skills).

(3) Can I get help with paying the costs of job skills training?

WorkFirst will pay your costs, such as tuition or books, if job skills training is in your individual responsibility plan and there is no other way to pay them. You can also get help with paying your child care costs through the working connections child care program. (See chapter 388-290 WAC for the working connections child care program rules.)

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-1050, filed 4/28/99, effective 5/29/99; 98-23-037, 388-310-1050, filed 11/10/98, effective 12/11/98.]

Washington State Code Reviser's Office