Effective Date of Rule: May 1, 2006.

     Purpose: The department is amending WAC 388-310-0900 WorkFirst -- Basic education and 388-310-1000 WorkFirst -- Vocational education, in order to make changes to the approval criteria for training that is determined necessary to assist a client find and keep employment. These amended rules implement the recommendations of the WorkFirst reexamination workgroup as endorsed by Governor Gregoire. They are being filed under the authority of RCW 74.08.090 which directs the department to ensure uniform statewide application of rules. RCW 74.08.090 also directs the department to ensure that the spirit and purpose of Title 74 RCW is complied with.

     WAC 388-310-0400, 388-310-0500, 388-310-0600 and 388-310-0700, proposed under WSR 06-04-069 are being permanently adopted under a separate CR-103 Rule-making order to be effective June 1, 2006.

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

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

      Adopted under notice filed as WSR 06-04-069 on January 30, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: March 23, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

     Basic education is high school completion, classes to prepare for general equivalency diploma (GED) ((and)), testing to acquire GED certification((. It may include)), 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; or

     (c) You have fully participated in job search without finding a job)).

     (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) ((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 your case manager may add basic education to your IRP as part of your full-time participation.)) your comprehensive evaluation shows you need this education to become employed or get a better job and:

     (i) You are enrolled in an approved WorkFirst work activity for at least twenty hours per week; or

     (((b))) (ii) You ((may attend full-time basic education classes if you)) have fully participated in job search without finding a job((, and it has been determined that you need this training to become employed)).

     (((c))) (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.

     (((d))) (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.

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

     (e) You are enrolled in the Pregnancy to Employment pathway and your comprehensive evaluation shows basic education would help you find and keep employment. (See WAC 388-310-1450.)

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-0900, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. 01-15-009, § 388-310-0900, filed 7/6/01, effective 8/6/01; 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.]

     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 for up to twelve months if:

     (a) ((You are working twenty or more hours a week in paid unsubsidized work; or

     (b) You are working sixteen or more hours per week in a federal or state work-study position; or

     (c) You are working in a subsidized job, like a community jobs position, at least twenty hours per week)) Your comprehensive evaluation shows you need this education to become employed or get a better job and you participate full time in vocational education or by combining vocational education with any approved WorkFirst work activity; or

     (((d))) (b) Employment security department (ESD) has determined that you are a seasonal worker (that is, your usual pattern of employment 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

     (((e))) (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

     (((f))) (d) You have limited English proficiency and 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, preemployment training or on-the-job training that can teach you these skills)((.)); or

     (e) You are in the Pregnancy to Employment pathway and your comprehensive evaluation shows vocational education would help you find and keep employment. (See WAC 388-310-1450.)

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

     WorkFirst may pay for the costs of your vocational education, such as tuition or books, for up to twelve months, if vocational education is in your individual responsibility plan and there is no other way to pay them. You may 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 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, § 388-310-1000, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08.090, 74.04.050. 01-15-009, § 388-310-1000, filed 7/6/01, effective 8/6/01; 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.]

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