Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-310-0900 WorkFirst basic education, 388-310-1000 WorkFirst vocational education, and 388-310-1050 WorkFirst job skills training.

Purpose: To comply with recent changes to RCW 74.08A.250 to provide new eligibility rules for internships and practicums programs. To add new eligibility rules for seasonal employment to existing WorkFirst programs.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.

Statute Being Implemented: RCW 74.08.090, 74.04.050.

Summary: Will allow WorkFirst clients in approved internships or practicums to meet program participation requirements without working twenty or more hours per week (limited to a twelve month program). New seasonal employment program will allow workers who have been approved as seasonal by Employment Security to meet their work requirements during the peak season and pursue training in the off season.

Reasons Supporting Proposal: To implement new rules and policies supporting self-sufficiency for WorkFirst clients.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jeff Willis, WorkFirst Division, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3257, fax 413-3482.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The internship and practicum program will allow clients to participate in a training or educational program for up to twelve months. This program will meet the work requirement for participating in the WorkFirst program, clients will not be required to work twenty hours or more per week.

Long work hours during the peak season, coupled with unemployment during the off-season, make it extremely difficult for many seasonal workers to participate in training. This program will offer seasonally employed workers the opportunity to meet their work requirements during the peak season and pursue training in the off season.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

RCW 34.05.328 applies to this rule adoption. This is a significant legislative rule. However, RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that only apply to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on February 27, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper by February 20, 2001, phone (360) 664-6094, TTY (360) 902-8324, e-mail coopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by February 27, 2001.

Date of Intended Adoption: No sooner than February 28, 2001.

January 8, 2001

Charles Hunter

for Bonita H. Jacques, Chief

Office of Legal Affairs

Basic education is high school completion, classes to prepare for GED and testing to acquire GED certification. It may include families that work, workplace basics, 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.

(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) You may choose to participate, 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 (in addition to the basic education).

(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.

(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.

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

[Statutory Authority: RCW 74.08.090 and 74.04.050. 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.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-1000   WorkFirst--Vocational education.   (1) What is vocational education?

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 if:

(a) You are working twenty or more hours a week; or

(b) ((You lack job skills that are in demand for entry level jobs in your area; and

(c) 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, pre-employment training or on-the-job training that can teach you these skills))) Employment security department (ESD) has determined that you are a seasonal worker (that is, your normal way of life 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

(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

(d) 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, pre-employment training or on-the-job training that can teach you these skills).

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

WorkFirst will pay for the costs of your vocational education, such as tuition or books, if vocational education is in your individual responsibility plan and there is no other way to pay them. You can 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 74.08.090 and 74.04.050. 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.]

Job skills training is training in specific skills directly related to employment, but not tied to a specific occupation. Job skills training programs differ in how long the course lasts, what skills are taught and who provides the training. The training may be offered by:

(a) Community based organizations;

(b) Businesses;

(c) Tribal governments; or

(d) Public and private community and technical colleges.

(2) When can job skills training be included in my individual responsibility plan?

We may add job skills training in your individual responsibility plan for the same reasons we would add vocational education. That is if:

(a) You are working twenty or more hours a week; or

(b) Employment security department (ESD) has determined that you are a seasonal worker (that is, your normal way of life 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

(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

(d) You lack job skills that are in demand for entry level jobs in your area; and

(((c))) (e) The job skills training program is the only way you can acquire the job skills you need to qualify for entry level jobs in your area (because there is no available work experience, pre-employment training, or on-the-job training that can teach you these skills).

(3) Can I get help with paying the costs of job skills training?

WorkFirst will pay your costs, such as tuition or books, if job skills training is in your individual responsibility plan and there is no other way to pay them. You can 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 74.08.090 and 74.04.050. 99-10-027, 388-310-1050, filed 4/28/99, effective 5/29/99; 98-23-037, 388-310-1050, filed 11/10/98, effective 12/11/98.]

Washington State Code Reviser's Office