Federal Register - January 5, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations would not allow for analysis of how many mandatory E&T participants actually begin to participate in a component. For instance, a mandatory E&T participant may attend an orientation the same day they visit the SNAP office for their certification interview but, because of State agency mis-communication, not understand when or where to begin their E&T
component, and eventually be sanctioned for failure to comply with the requirement to participate in E&T.
With the proposed regulatory language, these individuals would be counted as having begun to participate in the E&T
program, but would actually receive very little benefit from E&T. As a result, the Department has added a third data element at 7 CFR 273.7c11iii to also collect the number of individuals who begin participation in an E&T
component. The Department believes it is important to gather information on the number who participate in a component, rather than just the number placed in a component, because the Department believes that the hand-off between the State agency and the E&T
provider of the component is a challenging transition, and many E&T
participants should be better supported by the State agency to cross the bridge and show up for the component.
Individuals can be placed in an E&T
component but, due to no fault of their own, never make it to the component to begin training. For example, a State agency may not inform an individual that they may receive transportation assistance to their appointment, and as a result, the individual does not show up to their appointment due to lack of transportation. Further, while the Department believes that case management is an important service, the Department would like to capture the number of individuals who begin participation in a component as a standalone measure. The Department believes the components are where the training and skill development occurs.
The Department counts an E&T
participant as beginning to participate in an E&T component when the participant commences the first activity in the E&T component. The Department also appreciates the comment that State agencies should be required to provide data on the number of mandatory E&T
participants who are determined ineligible for failure to comply with the requirement to participate in E&T. The Department believes this is an important complementary piece of information to the number of individuals who begin to participate in E&T and the number who begin to participate in a component. The
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Department, as stated above, believes it is important that State agencies support all mandatory E&T participants to fulfill their requirement. Data on the number of participants determined ineligible will provide both State agencies and the Department with important information to improve E&T programs. The Department believes that the addition of these new data elements adequately addresses the need to support improved oversight of State mandatory E&T
programs, but will continue to monitor data received from State reports and make revisions as necessary.
In conclusion, the Department has added a third and fourth data element to 7 CFR 273.7c11iii to capture the number of mandatory E&T participants who begin to participate in an E&T
component and the number of E&T
participants who are determined ineligible for failure to participate in E&T.
Workforce Partnerships The Act established workforce partnerships. Workforce partnerships are not an E&T component, but they are partnerships between the State agency and other entities that create a new way for SNAP participants to gain highquality, work-related skills, training, work, or experience that will increase the ability of the participants to obtain regular employment. The Act added workforce partnerships to the list of work programs through which an ABAWD may fulfill the ABAWD work requirement, and workforce partnerships may be a way for mandatory E&T participants to meet their E&T requirement. The Act added workforce partnerships to several sections of the FNA, including sections 6d4Bii, 6d4E, 6d4H, and new paragraph 6d4N. The Department proposed adding the description and requirements for workforce partnerships to new paragraph 7 CFR 273.7n. In addition, the Department proposed including two additional State agency responsibilities associated with workforce partnerships.
First, the Department proposed to require State agencies to re-screen any individual for the requirement to participate in mandatory E&T when the State agency learns the individual is no longer participating in a workforce partnership. Second, the Department proposed to require State agencies to provide sufficient information to household members subject to the general work requirements of 7 CFR
273.7 and ABAWD work requirements of 7 CFR 273.24 about workforce partnerships, so that individuals could
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make an informed decision about participation.
The Department received 12
comments on this provision. While no comments opposed the addition of workforce partnerships as a way for SNAP participants to meet their work requirement and gain new skills, some commenters appear to have misunderstood the general structure and purpose of workforce partnerships.
Commenters also shared some concerns about the Departments requirement to inform SNAP participants about the availability of workforce partnerships.
The Department received several questions about how workforce partnerships would be structured and the interaction between workforce partnerships and E&T programs. Each of these questions is answered in more detail below, but the Department would like to emphasize that key to understanding workforce partnerships is that they are a new concept introduced by the Act in 2018. Workforce partnerships, as described in 7 CFR
273.7n, as amended by this final rule, are not industry or sector partnerships as defined under WIOA. Workforce partnerships are also not part of the E&T
program. Workforce partnerships, as described in 7 CFR 273.7n, are a particular opportunity available to State agencies to provide SNAP recipients one additional way to meet their work requirement i.e., mandatory E&T or the ABAWD work requirement while gaining skills. The Act provided specific instructions regarding what may constitute a workforce partnership, and how they are to be managed by the State agency. While State agencies are encouraged to pursue workforce partnerships with interested employers or eligible WIOA training services providers, there is no requirement that they do so. In addition, if a State agency chooses not to pursue workforce partnerships, as described in 7 CFR
273.7n, the State agency is still encouraged to partner with employers and training providers to identify and build new opportunities for skills training for SNAP participants through the E&T program.
A State agency expressed concerns that E&T funding cannot be used for workforce partnerships. The commenter suggested this may make it difficult to motivate organizations to participate in creating workforce partnerships that provide 80 hours per month of work and training. The Department understands the commenters concern, but the Act explicitly prohibits any FNA funding from being used for workforce partnerships. See section 6d4BiiIbbCC of the FNA.
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