---
kind: "section"
citation: "20 C.F.R. § 686.1070"
title: "20"
number: "686.1070"
heading: "How and when will the Secretary use performance improvement plans?"
url: "https://uscodex.org/cfr/20/686.1070"
---

# §686.1070. How and when will the Secretary use performance improvement plans?

- (a) The Secretary establishes standards and procedures for developing and implementing performance improvement plans.
  - (1) The Secretary will develop and implement a performance improvement plan for a center when that center fails to meet the expected levels of performance described in [§ 686.1050](/cfr/20/686.1050.md).
    - (i) The Secretary will consider a center to have failed to meet the expected level of performance if the center:
      - (A) Is ranked among the lowest 10 percent of Job Corps centers for the most recent preceding program year according to the rankings calculated under [§ 686.1060](/cfr/20/686.1060.md); and
      - (B) The center fails to achieve an average of 90 percent of the expected level of performance for all of the primary indicators.
    - (ii) For any program year that precedes the implementation of the establishment of the expected levels of performance under [§ 686.1050](/cfr/20/686.1050.md) and the application of the primary indicators of performance for Job Corps centers identified in [§ 686.1010](/cfr/20/686.1010.md), the Secretary will consider a center to have failed to meet the expected levels of performance if the center:
      - (A) Is ranked among the lowest 10 percent of Job Corps centers for the most recent preceding program year according to the rankings calculated under [§ 686.1060](/cfr/20/686.1060.md); and
      - (B) The center's composite OMS score for the program year is 88 percent or less of the year's OMS national average.
  - (2) The Secretary also may develop and implement additional performance improvement plans, which will require improvements for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance.
- (b) A performance improvement plan will require action be taken to correct identified performance issues within 1 year of the implementation of the plan, and it will identify criteria that must be met for the center to complete the performance improvement plan.
  - (1) The center operator must implement the actions outlined in the performance improvement plan.
  - (2) If the center fails to take the steps outlined in the performance improvement plan or fails to meet the criteria established to complete the performance improvement plan after 1 year, the center will be considered to have failed to improve performance under a performance improvement plan detailed in [paragraph (a)](#a) of this section.
    - (i) Such a center will remain on a performance improvement plan and the Secretary will take action as described in [paragraph (c)](#c) of this section.
    - (ii) If a Civilian Conservation Center fails to meet expected levels of performance relating to the primary indicators of performance specified in [§ 686.1010](/cfr/20/686.1010.md), or fails to improve performance under a performance improvement plan detailed in [paragraph (a)](#a) of this section after 3 program years, the Secretary, in consultation with the Secretary of Agriculture, must select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the requirements of [§ 686.310](/cfr/20/686.310.md).
- (c) Under a performance improvement plan, the Secretary may take the following actions, as necessary:
  - (1) Providing technical assistance to the center;
  - (2) Changing the management staff of a center;
  - (3) Changing the career technical training offered at the center;
  - (4) Replacing the operator of the center;
  - (5) Reducing the capacity of the center;
  - (6) Relocating the center; or
  - (7) Closing the center in accordance with the criteria established under [§ 686.200(b)](/cfr/20/686.200.md?p=b).

## Notes

### Authority

Authority: Secs. 142, 144, 146, 147, 159, 189, 503, Pub. L. 113-128, 128 Stat. 1425 (Jul. 22, 2014).

### Source

Source: 81 FR 56443, Aug. 19, 2016, unless otherwise noted.