---
kind: "section"
citation: "20 C.F.R. § 641.570"
title: "20"
number: "641.570"
heading: "Is there a time limit for participation in the program?"
url: "https://uscodex.org/cfr/20/641.570"
---

# §641.570. Is there a time limit for participation in the program?

- (a) **Individual time limit.**
  - (1) Eligible individuals may participate in the program for a maximum duration of 48 months in the aggregate (whether or not consecutive), from the later of July 1, 2007, or the date of the individual's enrollment in the program.
  - (2) At the time of enrollment, the grantee or sub-recipient must inform the participant of this time limit and the possible extension available under [paragraph (b)](#b) of this section, and the grantee or sub-recipient must provide for a system to transition participants to unsubsidized employment or other assistance before the maximum enrollment duration has expired. Provisions for transition must be reflected in the participant's IEP.
  - (3) If requested by a grantee or sub-recipient, the Department will authorize an extension for individuals who meet the criteria in [paragraph (b)](#b) of this section. Notwithstanding any individual extensions granted, grantees and sub-recipients must ensure that projects do not exceed the overall average participation cap for all participants, as described in [paragraph (c)](#c) of this section.
- (b) **Increased periods of individual participation.** If requested by a grantee, the Department will authorize increased periods of participation for individuals who:
  - (1) Have a severe disability;
  - (2) Are frail or are age 75 or older;
  - (3) Meet the eligibility requirements related to age for, but do not receive, benefits under title II of the Social Security Act ([42 U.S.C. 401](/usc/42/401.md) et seq.);
  - (4) Live in an area with persistent unemployment and are individuals with severely limited employment prospects;
  - (5) Have limited English proficiency or low literacy skills; or
  - (6) Are formerly incarcerated individuals as defined in [§ 641.140](/cfr/20/641.140.md).
- (c) **Average grantee participation cap.**
  - (1) Notwithstanding any individual extension authorized under [paragraph (b)](#b) of this section, each grantee must manage its SCSEP project in such a way that the grantee does not exceed an average participation cap for all participants of 27 months (in the aggregate).
  - (2) A grantee may request, and the Department may authorize, an extended average participation period of up to 36 months (in the aggregate) for a particular project area in a given Program Year if the Department determines that extenuating circumstances exist to justify an extension, due to one more of the following factors:
    - (i) High rates of unemployment or of poverty or of participation in the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act, in the areas served by a grantee, relative to other areas of the State involved or the Nation;
    - (ii) Significant downturns in the economy of an area served by the grantee or in the national economy;
    - (iii) Significant numbers or proportions of participants with one or more barriers to employment, including “most-in-need” individuals described in [§ 641.710(a)(6)](/cfr/20/641.710.md?p=a-6), served by a grantee relative to such numbers or proportions for grantees serving other areas of the State or Nation;
    - (iv) Changes in Federal, State, or local minimum wage requirements; or
    - (v) Limited economies of scale for the provision of community service employment and other authorized activities in the areas served by the grantee.
  - (3) For purposes of the average participation cap, each grantee will be considered to be one project.
- (d) **Authorized break in participation.** On occasion a participant takes an authorized break in participation from the program, such as a formal leave of absence necessitated by personal circumstances or a break caused because a suitable community service assignment is not available. Such an authorized break, if taken under a formal grantee policy allowing such breaks and formally entered into the SCSEP Performance and Results Quarterly Performance Reporting (SPARQ) system, will not count toward the individual time limit described in [paragraph (a)](#a) or the average participation cap described in [paragraph (c)](#c) of this section.
- (e) **Administrative guidance.** The Department will issue administrative guidance detailing the process by which a grantee may request increased periods of individual participation, and the process by which a grantee may request an extension of the average participation cap. The process will require that the determination of individual participant extension requests is made in a fair and equitable manner.
- (f) **Grantee authority.** Grantees may limit the time of participation for individuals to less than the 48 months described in [paragraph (a)](#a) of this section, if the grantee uniformly applies the lower participation limit, and if the grantee submits a description of the lower participation limit policy in its grant application or modification of the grant and the Department approves the policy. (OAA §§ [502(b)(1)(C)](/cfr/20/502.md?p=b-1-C), [518(a)(3)(B)](/cfr/20/518.md?p=a-3-B)).

## Notes

### Amendments

[75 FR 53812, Sept. 1, 2010, as amended at 87 FR 8190, Feb. 14, 2022]

### Authority

Authority: 42 U.S.C. 3056-3056p.

### Source

Source: 75 FR 53812, Sept. 1, 2010, unless otherwise noted.

### Amendments

[75 FR 53812, Sept. 1, 2010, as amended at 87 FR 8190, Feb. 14, 2022]