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Notes

20 C.F.R. §§ 685.340–685.390

6 sections in range

§685.340. What career services may grantees provide to eligible migrant and seasonal farmworkers?

20 C.F.R. § 685.340

(a)
Grantees may provide the career services described in WIOA secs. 167(d) and 134(c)(2), and part 680 of this chapter to eligible MSFWs.
(b)
Grantees may provide other services identified in the approved program plan.
(c)
The delivery of career services to eligible MSFWs by the grantee and through the one-stop delivery system must be discussed in the required MOU between the Local WDB and the grantee.
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.

§685.350. What training services may grantees provide to eligible migrant and seasonal farmworkers?

20 C.F.R. § 685.350

(a)
Grantees may provide the training activities described in WIOA secs. 167(d) and 134(c)(3)(D), and part 680 of this chapter to eligible MSFWs. These activities include, but are not limited to, occupational-skills training and on-the-job training (OJT). Eligible MSFWs are not required to receive career services prior to receiving training services.
(1)
When providing OJT services NFJP grantees may reimburse employers for the extraordinary costs of training by up to 50 percent of the wage rate of the participant for OJT.
(2)
Grantees also may increase the OJT reimbursement rate up to 75 percent of the wage rate of a participant under certain conditions, provided that such reimbursement is being provided consistent with the reimbursement rates used under WIOA sec. 134(c)(3)(H)(i) for the local area(s) in which the grantee operates its program.
(b)
Training services must be directly linked to an in-demand industry sector or occupation in the service area, or in another area to which an eligible MSFW receiving such services is willing to relocate.
(c)
Training activities must encourage the attainment of recognized postsecondary credentials as defined in § 685.110 when appropriate for an eligible MSFW.
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.

§685.360. What housing services may grantees provide to eligible migrant and seasonal farmworkers?

20 C.F.R. § 685.360

(a)
Housing grantees must provide housing services to eligible MSFWs.
(b)
Career services and training grantees may provide housing services to eligible MSFWs as described in their program plan.
(c)
Housing services may include the following:
(1)
Permanent housing that is owner-occupied, or occupied on a permanent, year-round basis (notwithstanding ownership) as the eligible MSFW's primary residence to which he/she returns at the end of the work or training day.
(i)
Types of permanent housing may include rental units, single family homes, duplexes, and other multi-family structures, dormitories, group homes, and other housing types that provide short-term, seasonal, or year-round housing opportunities in permanent structures. Modular structures, manufactured housing, or mobile units placed on permanent foundations and supplied with appropriate utilities, and other infrastructure also are considered permanent housing.
(ii)
Permanent housing services include but are not limited to— Investments in development services, project management, and resource development to secure acquisition, construction/renovation and operating funds, property management services, and program management. New construction, purchase of existing structures, and rehabilitation of existing structures, as well as the infrastructure, utilities, and other improvements necessary to complete or maintain those structures also may be considered part of managing permanent housing.
(2)
Temporary housing that is not owner-occupied and is used by MSFWs whose employment requires occasional travel outside their normal commuting area.
(i)
Types of temporary housing may include: Housing units intended for temporary occupancy located in permanent structures, such as rental units in an apartment complex or in mobile structures that provide short-term, seasonal housing opportunities; temporary structures that may be moved from site to site, dismantled and re-erected when needed for farmworker occupancy, closed during the off-season, or handled through other similar arrangements; off-farm housing operated independently of employer interest in, or control of, the housing; or on-farm housing located on property owned by an agricultural employer and operated by an entity such as an agricultural employer or a nonprofit organization; and other housing types that provide short-term, seasonal, or temporary housing opportunities in temporary structures.
(ii)
Temporary housing services include but are not limited to— Managing temporary housing which may involve property management of temporary housing facilities, case management, and referral services, and emergency housing payments, including vouchers and cash payments for rent/lease and utilities.
(d)
Permanent housing developed with NFJP funds must be promoted and made widely available to eligible MSFWs, but occupancy is not restricted to eligible MSFWs. Temporary housing services must only be provided to eligible MSFWs.
(e)
Except as provided in paragraph (f) of this section, NFJP funds used for housing assistance must ensure the provision of safe and sanitary temporary and permanent housing that meets the Federal housing standards at part 654 of this chapter (ETA housing for farmworkers) or 29 CFR 1910.10 (OSHA housing standards).
(f)
When NFJP grantees provide temporary housing assistance that allows the participant to select the housing, including vouchers and cash payments for rent, lease, and utilities, NFJP grantees are not required to ensure that such housing meets the Federal housing standards at part 654 of this chapter or 29 CFR 1910.10.
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.

§685.370. What services may grantees provide to eligible migrant and seasonal farmworkers youth participants aged 14-24?

20 C.F.R. § 685.370

(a)
Based on an evaluation and assessment of the needs of eligible MSFW youth, grantees may provide activities and services that include but are not limited to:
(1)
Career services and training as described in §§ 685.340 and 685.350;
(2)
Youth workforce investment activities specified in WIOA sec. 129;
(3)
Life skills activities which may include self- and interpersonal skills development;
(4)
Community service projects; and
(5)
Other activities and services that conform to the use of funds for youth activities described in part 681 of this chapter.
(b)
Grantees may provide these services to any eligible MSFW youth, regardless of the participant's eligibility for WIOA title I youth activities as described in WIOA sec. 129(a).
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.

§685.380. What related assistance services may be provided to eligible migrant and seasonal farmworkers?

20 C.F.R. § 685.380

Related assistance may include short-term direct services and activities. Examples include emergency assistance, as defined in § 685.110, and those activities identified in WIOA sec. 167(d), such as: English language and literacy instruction; pesticide and worker safety training; housing (including permanent housing), as described in § 685.360 and as provided in the approved program plan; and school dropout prevention and recovery activities. Related assistance may be provided to eligible MSFWs not enrolled in career services, youth services, or training services.
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.

§685.390. When may eligible migrant and seasonal farmworkers receive related assistance?

20 C.F.R. § 685.390

Eligible MSFWs may receive related assistance services when the grantee identifies and documents the need for the related assistance, which may include a statement by the eligible MSFW.
Notes, amendments, and revision history

Authority

Authority: Secs. 167, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

Source

Source: 81 FR 56438, Aug. 19, 2016, unless otherwise noted.