12- 597 C.M.R. ch. 2, § 6

Current through 2024-51, December 18, 2024

Section 597-2-6 - INDIVIDUAL SERVICE STRATEGY DEVELOPMENT

1.Informed Career Planning; Individual Service Strategy. For purposes of this rule, the ISS is the individual career plan that is developed by the participant and case manager. The ISS includes all funding sources planned to meet the participant's needs, including CSSP resources and resources other than CSSP. Those ISS plans that include CSSP funding must comply with this rule. CareerCenter staff must endeavor to assure that all applicants and participants, before their ISS plans are developed, are fully informed of the opportunities available to them through CSSP as well as through other programs. In addition to the occupations established in Section 4, applicants and participants must be provided, in writing, a complete list of education, training and support services available through CSSP so that need for services can be determined per Section 6.3. A list of the same services must also be made available to CareerCenter customers so they may understand the opportunities available if they wish to apply.

2.Timing. The ISS must be created within forty-five (45) days from the date of Stage Two eligibility determination pursuant to Section 3.2. Services provided under the ISS and enrollment in CSSP commence as a participant when the ISS is signed by the CSSP applicant and the Career Center manager or her/his designee.

3.Comprehensive Assessment. The comprehensive assessment determines whether an applicant who is Stage One eligible for CSSP has a marketable post-secondary degree, the ability to succeed in their program and whether their education or training and related occupational goal meets the criteria of Section 4. The assessment also assists the applicant and case manager in determining the applicant's education and training and support service needs. The case manager and the applicant must:

A. Review the industries and occupations available pursuant to Section 4, together with labor market information about the demand for employment in Maine and within her or his labor market area, the value of wages and benefits, educational requirements of the training, total occupation and training program costs and availability of educational programs for her or his employment goal.

B. Verify the applicant is admitted to a diploma, certificate, or degree program at an education or training institution that is eligible to receive financial aid funds under the Higher Education Act or in a CSSP approved certificate or industry recognized training provider program.

C. Assess, determine the need for and list the various supports including total costs of all support services that may be available within and outside of CSSP that are necessary for the applicant to succeed educationally and survive financially during the course of his or her education.

D. Assess whether prerequisite, developmental, English language learner or refresher courses and a high school diploma, equivalency or general equivalency diploma are required to participate successfully in a program leading to a postsecondary degree, certificate or credential recognized by industry or trade. Determine if pre-requisite, developmental, English language learner or refresher courses and high school diploma or a high school equivalency diploma and the minimum requirements of the education and training program can be met within the 52 week time period pursuant to Section 6.6.

E. Determine the applicant's ability to succeed in her or his program by assessing; interests in field of study and employment, high wage and significant demand employment opportunities within their labor market, academic achievement and aptitudes required of the training program and occupation, transferable work skills related to the employment goal, physical capacity to perform the work, financial subsistence capability for the duration of the training program, ability to complete the program pursuant to Section 2.1 and 6.6, and reemployment services needed to prepare for job search.

F. Determine if the applicant has a marketable post secondary degree pursuant to Section 1.9.

G. Determine capability to participate successfully in online courses required of the education and training program.

H. Determine if a disclosed physical or cognitive disability may have vocational implications on training, employ ability or fulfilling the requirements of the occupation and whether appropriate accommodations will be needed.

4.Selecting an employment, occupational and education or training goal

The applicant selects his or her employment, occupational and related education or training goal that is within their current or planned labor market area. The applicant's goal must be within the occupations in significant demand established in Section 4. CSSP will support the education or training needed to achieve that goal if it results in a post secondary certificate, undergraduate degree, or similar credential that is universally recognized and accepted by the trade, industry or employers in which the applicant intends to seek employment and in jobs that will provide access to a career pathway leading to substantial improvement in his or her capacity to earn wages and benefits. A program is a post secondary program if a person entering it has a high school diploma, or a high school equivalency diploma before they enter the program that will grant the credential she or he seeks. The ISS must state:

A. The occupational goal and the education or training required to meet that goal.

B. The expected compensation on entry to the occupation and as an average for the occupation based upon available Maine labor market data for her or his labor market.

C. A reference to Section 4 showing the occupational goal is either on the occupations list or meets the individual petition requirements.

D. A list of potential employers within her or his labor market who may employ graduates of the education and training program.

E. Section 6.3 documentation that supports the education and training plan.

5.Selection of education or training program . An education or training program must be at the lowest cost available within his or her commuting area, provided that it is of good quality as determined by CSSP. Online courses or programs, regardless of their base of operations, are considered to be within the person's commuting area. Programs must meet one of the following criteria; be on the State WIOA or TAA eligible provider list, recognized by trade or industry associations, endorsed by a consortium of employers to address a skills gap, recognized and accepted by a professional licensing board or be accredited by a regional or national accrediting body recognized by the U.S. Department of Education. All participating education or training programs must offer degrees, licenses or be recognized as preparing someone to meet their professional licensing requirements; industry-employer recognized certificate(s) or credential(s).

A. Public vocational schools, community colleges or university programs are presumed to be the lowest cost alternative unless there is evidence to the contrary. Contrary evidence must be documented and may include, but is not limited to, scholarship/financial aid offer(s) from an approved program or improved access to required courses, clinical placements or intern ships.

B. For any developmental, prerequisite, English Language Learner or refresher program priority will be given to Maine Adult Education and the College Transitions Program or programs approved by the Department that are the most cost effective. Expenditures from the participant's federal financial aid award to cover these costs should be avoided.

1. The duration of developmental, prerequisite, English Language Learner or refresher courses must relate directly to her or his education or training program as developed through the assessment and shall not exceed 52 weeks in duration from the date of enrollment in the first course. The correlation between the duration of this education and his or her employment and education goal must be documented in the ISS.

2. Participants enrolled in developmental, prerequisite, English Language Learner or refresher courses must attend full time to be eligible for the training stipend. Full time in these programs is equivalent to a minimum of twelve (12) hours per week of classroom training. Participants are required to participate in the maximum number of hours necessary to reach the developmental, pre-requisite, English language learner goals in the shortest amount of time possible within the 52 week period as determined by the education and training provider.

C.Location of Training

1. Preference must be given to training that is offered within her or his normal commuting area. If more than one training provider exists offering training for the same credential of comparable quality within the commuting area, then the least expensive training institution will be chosen. Documented scholarship/financial aid packages offered and/orimproved access to required courses, clinical placements or internships must be considered when determining the least expensive training option. When suitable training is not available within the commuting area, training outside the area may be authorized if available at areas on able cost pursuant to this Section.

2. Training programs located outside of Maine shall not be approved unless appropriate training is not available within the state and within her or his commuting area pursuant to Section 1.3. Training programs located outside the State of Maine may be approved if the training program is within her or his commuting area. Any training program conducted at a location outside the United States is not allowed unless it is in Canada and within her or his commuting area.

3. On-line courses or programs, regardless of their base of operations are considered within her or his commuting area.

6.Duration of Education or Training .The participant must participate in year round training as classes are available by the training institution. Participants in postsecondary degree and certificate programs must complete her or his education or training program within the following class time schedule: 6 years for a four year degree; 3 years for a two year degree and 18 months for a one year diploma or certificate program. Class time begins with the first day of the first week of training. Participants in non-degree or certificate programs or other non-postsecondary training programs must complete their education and training program within the time defined by the training provider. If the participant requires developmental, English Language Learner, refresher or prerequisite education, then, to the extent required, the maximum duration may be extended up to an additional 52 weeks beginning with the first day of class . This paragraph should not be construed to prevent a participant who began in CSSP with a goal of a one year diploma or certificate or a two-year undergraduate degree to then choose to pursue a two year degree or four year undergraduate degree in a related field so long as the total length of the program to attain the degree does not exceed 3 or 6 years respectively. CSSP funds may not be used to assist participants in obtaining their master's or doctorate degree. The Director of the Bureau, the Commissioner or the Deputy Commissioner of the Department may waive or extend this provision if exceptional circumstances are shown.

7.Document in ISS. The ISS must document comprehensive assessment outcomes pursuant to Section 6.3 including but not limited to; the participants employment goal, employers who may employ program graduates within her or his labor market area, the education and training program, all education and training providers, the location of the training provider, the postsecondary certificate, degree or industry recognized credential the participant seeks, any remedial, English language learner, pre-requisite or refresher courses the participant will take, the length of time the participant expects to take to complete her or his education or training including pre-requisites pursuant to Section 6.6, an enumerated list of education, training and support services with their estimated costs that CSSP will provide, a financial subsistence plan including all sources of income supports, financial aid or other financial contributions in support of and for the duration of the plan, and specific job search activities.

8.CSSP Education. Training and Support Services

A.Provisions applicable to all CSSP services

1. CSSP provides education, training and support services, as provided in this rule, that are not reasonably available from another publicly available source and that are necessary for participants to successfully complete the education and training program established in the ISS. All costs for services and goods must be pre-approved and verified with documentation before they are paid by CSSP.

2. CSSP assistance must not exceed that which is necessary for the individual to participate in his or her plan. Any ISS resulting in totals for a participant for a state fiscal year cost (except for the cost of CSSP stipends and the cost of Child care described in Section 6 ) projected to be greater than $6,000 for a full time student and $3,000 for a less than full time student must be approved by the Director of the Bureau, the Commissioner, or the Deputy Commissioner. Full-time and less than full time student status is defined by the institution the person attends.

3. CSSP pays only for the least expensive education or training program or support service provided that it is accessible for the participant and is of acceptable quality as determined by CSSP. Documented scholarship/financial aid packages offered and/or improved access to required courses, clinical placements or internships must be considered when determining the least expensive training option.

4. Any documented and substantiated knowing and intentional misuse of funds, purchased goods, services, and/or knowingly and intentionally falsifying or misrepresenting CSSP eligibility information and/or need for training or support services by a participant will be grounds for termination from the program.

5. CSSP participants are required to cooperate in providing information available to them for the purpose of investigation of Section 6.8.A.4 and CSSP quality or financial control audits. Failure to cooperate is grounds for termination from the program.

6. CSSP services may be adjusted and provisions in this Chapter may be disregarded to the extent necessary to reasonably accommodate a person with a physical or mental disability pursuant to the Americans with Disabilities Act and Maine's Human Rights Act. Such adjustments must be approved by the case manager's supervisor and noted in the ISS.

B. Student Aid. Delivery of CSSP education, training and support services must be structured in a manner that maximizes other sources of student financial aid, excluding loans. For CSSP services that are also included in the cost of attendance, as defined by the institution, CSSP will cover unmet need as determined by the institution after all other public and private sources of grant aid, including institutional aid, have been applied, to the extent permitted by this rule. If financial aid is available, casemanagers must refer participants to the financial aid offices of the education and training institution involved and, as needed, to other organizations that may assist in helping with the financial aid process. To maximize financial aid the case manager and the participant must consider:

1. Whether to request the financial aid office to exercise professional judgment in calculating the student's financial aid. (A list of reasons for which professional judgment may be exercised will be provided to the participant and the casemanager.)

2. How much, if any, "unmet need" the participant has when determining their financial aid and how much of the financial aid package is in the form of loans.

3. The costs counted toward the cost of attendance in determining the financial aid.

4. Incurring student loans to cover education and training programs costs otherwise not covered by CSSP and other sources of state and federal aid is at the discretion of the participant.

C.Tuition and fees. CSSP may assist with tuition and mandatory fees up to the usual rate charged by the institution, but no more than the in state per credit hour cost established for the University of Maine. CSSP also assists with reasonable costs associated with credential evaluation and/or prior learning assessments that may allow the participant to progress more quickly through his or her education or training program.

D.Support services. The following support services are available to eligible CSSP participants with unmet need and determined necessary for the participant to successfully complete his or her education or training program pursuant to Section 6.3.C and 6.3.E.

1.Childcare. CSSP pays for 100% of the costs of childcare for children in the participant's household who are under the age of thirteen (13) or physically or mentally incapable of caring for themselves. In situations that are not included above but are recognized to exist and are authorized by the casemanager's supervisor, CSSP will pay for 100% of the costs of childcare when it is required for a participant to meet his or her education or training obligations. Conditions that must be met to obtain childcare assistance are as follows:

To be eligible for childcare from CSSP, participants must agree to apply for any publicly available funding for that care that may be available. Participants requiring childcare must be referred to the appropriate agency in their area that administers subsidized childcare programs. Participants with children 3, 4, or 5 years old must also be referred to the Head start program in their area. CSS Passists with childcare during times, including time spent on a waiting list, that other funding does not.

Participants are not required to agree to apply for or accept childcare that limits their choice of childcare provider except that the care must be provided by a licensed or registered childcare provider or a legal in home provider. If the provider is caring for more than two (2) unrelated children, then the home must be licensed or registered prior to commencement of CSSP paid childcare.

CSSP will pay for 100% of the costs of childcare at a rate that is no more than the Child CareMarket rates determined by the Office of Child and Family Services, Early Childhood Division and paid by the Maine Department of Health and Human Services.

To maintain continuity of childcare services, and if it is the established practice of a childcare provider to charge the general public for such periods of time, CSSP may pay the provider for holidays, semester breaks, and, as needed, up to thirty (30) days prior to the onset of a person's program in order to secure a childcare slot.

Childcare providers who are paid by CSSP must allow access to the child by the custodial parent or legal guardian (or others with express written permission of the custodial parent or legal guardian), during hours that the child is in care. CSSP does not pay childcare providers who are members of the participant's household or who have a legal obligation to support the child.

2. Transportation. CSSP will provide assistance with transportation as follows:

Mileage. The shortest mileage to and from the education or training institution and the participant's home, permitting stops to drop off or pick up children may be reimbursed at the mileage rate established for employees of the State of Maine and the cost of tolls. This reimbursement is provided to any participant who travels 10 miles or more (each way) from his/her home to the training facility and/or to drop off or pick up children for those days when he/she participates in scheduled classes. Mileage reimbursement is limited to a maximum of 250 miles per week. If other forms of transportation such as car pool or public transportation are reasonably available in light of the participant's schedule, the department provides the cost of the less expensive transportation.

(a) Auto Repairs - During the enrollment period, CSSP pays up to a maximum of $600 per participant for automobile repairs while participating in in her or his education or training plan. Funds may be used based on the participant's need to cover the costs of unanticipated automobile repairs while in training, to the extent it is necessary for the vehicle to operate or pass inspection. CSSP pays only repairs on a vehicle that is registered to and operated by the participant as necessary to participate in her or his program. CSSP requires that a copy of the automobile registration be submitted prior to approval of repairs. Other conditions for auto repair assistance include the following:

Repair costs must be approved in advance of the actual service. The participant is required to provide estimates and evidence of the need for the repair, which has been signed by licensed inspection mechanics, prior to approval being given. A licensed shop of the participant's choice may per form the actual repair. The participant must request payment or reimbursement for repairs.

Payments of approved repair costs are made only following submission of an itemized bill.

9.Books, supplies, tools, equipment, services and uniforms . CSSP pays for required not recommended books, supplies, tools, equipment, services, uniforms or similar education or training-related items. To be reimbursed they must be required for everyone in the class or program. The need for books, supplies, tools, equipment, services and uniforms must be documented by the education and training provider.

If a participant is enrolled in a college degree program and does not have reasonable access to a computer of sufficient capacity to successfully participate in their program, CSSP may contribute one time for the purchase or upgrade of a computer. CSSP trainees not enrolled in college degree programs will need to provide documentation from the training provider that a personal computer is required for their successful participation in the training program.

CSSP will only purchase books, supplies, tools, computer, equipment, services and uniforms and other required items once. Upon purchase, the item(s) become the property of the participant and the responsibility to replace or repair the item(s) if stolen, damaged or lost is the participant's.

10.Unanticipated needs. If a need arises that is not enumerated in these rules and is not covered by other sources, but is necessary for successful participation in the participant's education or training program, the case manager may authorize up to $1000 per year per participant up to a maximum of $2000 per participant for the period of CSSP enrollment to meet such unanticipated need. Typically, unanticipated needs must be caused by loss of or change in household income, loss of financial or other subsistence or loss of services resulting in unanticipated needs. Such needs may include the threatened disconnection of a utility, the loss of heat or shelter, prescription medication not covered by insurance or similar needs that if not met could derail a participant's successful participation in their program. Unanticipated needs may also include eye care or dental care that is not covered by other sources. The dental care must be necessary to alleviate pain for the participant to participate in his or her education or training program or to apply for or take employment and must conform to MaineCare rates where such a rate is scheduled. If there is not a scheduled MaineCare rate, CSSP pays for the least expensive dental service necessary to correct the condition upon receipt of verification of cost and need in writing from a dentist. CSSP may request a dental review by a dentist retained by the CareerCenter if rates or the need for the service are in question. CSSP may pay the cost of eye care that is necessary for the participant to successfully participate in his or her education or training program. Payment for eye care appliances must be for the least expensive quality option to correct the deficiency. Authorization for unanticipated needs by a case manager must be approved by the CSSP Program Manager. Payment under this section should be made only if the need cannot be resolved with assistance from another available source and only if the dollars available under this section (alone or in combination with other resources) are sufficient to resolve and prevent a re-occurrence of the need.

11.Training Stipend. Participants whose annual household income is below 125% of the federal poverty level are eligible for a monthly training stipend for any month in which the participant must attend his or her postsecondary or industry recognized education or training program. Eligibility for the stipend must be determined annually or when household income increases above the 125 poverty level. To be eligible for the stipend in a given month, the participant must attend a minimum of two fullweeks of scheduled classes and be enrolled in a minimum of 12 credit hours of classes or in full time student status as defined by the training institution. For those participating full-time, the stipend equalsone-fifth of the maximum weekly unemployment benefit in Maine (as determined annually by the Bureau of Unemployment Compensation) and will be paid monthly. Full time student status does not include courses, credit or classroom hours in whole or in part that must be repeated due to unauthorized withdrawal or failure to pass the course. No more than two stipends may be received in a household even if there are more than two household members participating in the program. Full-time and less than full- time student status is defined by the institution the person attends unless these rules specifically state otherwise.

Participants who are eligible for dislocated worker benefits, unemployment compensation or Trade Readjustment Act benefits are not eligible for a CSSP stipend in any month that they are eligible for and receiving one of these benefits. Participants who are eligible for and receive any income pursuant to Section 2.2.B excluding student loans, non-cash benefits, income of dependent children, and all federal and state need-based financial aid resources granted through a financial award process, that in their aggregate benefit exceed 125% of the federal poverty level are not eligible for the stipend. Dependent children enrolled in CSSP are not eligible for the stipend. Participants must disclose receipt of such benefits and be referred to the appropriate source to determine if they may be eligible for such benefits prior to the receipt of the stipend.

Participants who have no ongoing room and board expenses are not eligible for the stipend. Therefore, participants living in a residential healthcare facility, a correctional facility, a dormitory or a homeless shelter are not eligible for the stipend. (Participants living in a homeless shelter, however, may be eligible for an emergency payment (Section 6.10 - Unanticipated Needs) to assist in obtaining stable housing if it would prevent home lessness from derailing the participant's successful participation in his or her education or training program.)

12.Other Documentation in ISS

Other Documentation in the ISS must include:

A.Amendments. The ISS may be amended at any time due to unanticipated or changed circumstances, provided that the program will be completed within the time established under paragraph 6 of this section.

B.Right to appeal. Each ISS and ISS amendment must include in plain language notice of the participant's right to appeal as described in Section 7 and notice of how to file an appeal or request a hearing if he or she is dissatisfied with the ISS.

13.ISS Review

The terms of the ISS, including eligibility for a CSSP stipend, must be reviewed by the case manager and the participant every school term, or no less than every six months.

A.Satisfactory Progress. To remain eligible for CSSP education, training and support services, participants must demonstrate satisfactory progress in their education or training program. A participant is making satisfactory progress if they maintain satisfactory academic or training progress as determined by the education or training institution where they attend and remain able to complete their program within the time specified in Section 6.6 and document satisfactory progress to the CSSP case manager. A participant will be placed on CSSP probation if their grade point average falls below 2.0 or if a participant is placed on "academic probation" by the educational institution. He or she will have one term in which to regain satisfactory progress before being terminated from CSSP financial assistance for education, training or support services. Participants who fail to maintain or regain satisfactory progress in their education or training program will remain eligible for CSSP job search assistance in support of employment.

12- 597 C.M.R. ch. 2, § 6