TITLE
8 SOCIAL SERVICES
CHAPTER
102 CASH ASSISTANCE PROGRAMS
PART
461 WORK PROGRAM ACTIVITIES
8.102.461.1 ISSUING AGENCY: New Mexico Health Care Authority.
[8.102.461.1
NMAC - N, 04/01/2012; A, 7/1/2024]
8.102.461.2 SCOPE: The rule applies to the general
public.
[8.102.461.2
NMAC - N, 04/01/2012]
8.102.461.3 STATUTORY AUTHORITY:
A. New
Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the
state to administer the aid to families with dependent children (AFDC), general
assistance (GA), shelter care supplement, the burial assistance programs and
such other public welfare functions as may be assumed by the state.
B. The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 created the temporary assistance for
needy families (TANF) block grant under Title IV of the Social Security
Act. Through the New Mexico Works Act of
1998, NMSA 1978, Section 27-2B-1 et seq., the New Mexico works program was
created.
C. In coordination with the NMW program,
the [department] health care authority administers the food stamp
employment and training program (E&T) pursuant to the Food Security Act of
1985 and federal regulations at Title 7, Code of Federal Regulations.
[8.102.461.3 NMAC - N, 04/01/2012; A, 7/1/2024]
8.102.461.4 DURATION: Permanent.
[8.102.461.4 NMAC - N, 04/01/2012]
8.102.461.5 EFFECTIVE DATE: April 1, 2012, unless a later date is cited
in this section.
[8.102.461.5
NMAC - N, 04/01/2012]
8.102.461.6 OBJECTIVE:
A. The
purpose of the New Mexico works (NMW) program is to improve the quality of life
for parents and children by increasing family income, resources and
support. The further purpose of the
program is to increase family income through family employment and child
support and by utilizing cash assistance as a support service to enable and
assist parents to participate in employment.
B. The objective of education works
program (EWP) is to provide cash assistance to a benefit group where at least
one participant is enrolled in a post-secondary, graduate or post-graduate
institution. Education and training are
essential to long-term career development.
The applicant or recipient benefit group would be otherwise eligible for
NMW cash assistance, but chooses to participate in
EWP.
[8.102.461.6
NMAC - N, 04/01/2012]
8.102.461.7 DEFINITIONS: [RESERVED]
8.102.461.8 [RESERVED]
8.102.461.9 PROGRAM ACTIVITIES: The following sections describe the various
work program activities in which participants may participate. A participant may participate in multiple
work program activities at the same time or one after the other. The activities to be completed during an
established period are identified in a work participation agreement by the
participant and approved by ISD.
[8.102.461.9
NMAC - Rp, 8.102.460.9 NMAC, 04/01/2012]
8.102.461.10 WORK ACTIVITIES - CORE AND NON-CORE:
A. Core work activities:
Core activities are allowable for a participant to meet the standard
work participation requirement hours for a single or two parent household or to
meet the minimum standard work participation requirement hours as defined at
8.102.460.14 NMAC. For purposes of
meeting the participant’s standard work participation requirement hours core
work activities are defined in 8.102.461.11 NMAC thru 8.102.461.19 NMAC.
B. Non-core work activities: Non-core activities are allowable for a
participant to address barriers or to meet the work requirement hours. A non-core activity may include, but is not
limited to, an activity as defined in 8.102.461.20 NMAC thru 8.102.461.22 NMAC.
C. Limited participation status: Participants with limited participation
status shall participate in the qualified activities best suited to their
abilities as listed on their work participation agreement. The activities will be based upon the
participant’s individual circumstances as per 8.102.420.15 NMAC.
[8.102.461.10
NMAC - Rp, 8.102.460.19 NMAC, 04/01/2012]
8.102.461.11 UNSUBSIDIZED EMPLOYMENT (Core Activity):
A. Unsubsidized employment is full- or part-time employment
in the public or private sector that is not funded directly or in part by TANF
or any other public program. Unpaid
apprenticeships and unpaid internships are included as unsubsidized employment.
B. General:
(1) Hours for participants who are
employed for wages at or above minimum wage will be
determined by actual hours worked and will include paid leave and holidays.
(2) Hours for participants who are self-
employed will be determined by subtracting business expenses from gross income
for the term reported and divided by the federal minimum wage.
C. Component activities:
The following shall be considered as qualified participation hours for
unsubsidized employment.
(1) A participant who is employed less
than 30 hours per week in unsubsidized employment is
considered to be participating in the part-time
employment.
(2) A participant who is employed 30 or
more hours per week is considered to be participating
in the full-time employment.
(3) A participant whose employer claims a
tax credit for hiring economically disadvantaged workers in lieu of public
sector subsidies, will be considered unsubsidized.
(4) Child care as self-employment: Participants may meet the standard work
requirement hours by providing child care services as self-employment. Participants choosing to provide child care
for income shall meet the requirements as indicated below:
(a) A participant electing to participate
as a child care provider is referred to CYFD to enroll in the family nutrition
program and to become a registered child care provider with the state prior to
placement of any children there by the department. Participants must also agree to obtain 20
hours of child care training within six months of approval.
(b) The participant is considered
employed, upon placement of any child for pay, by CYFD or by a parent.
D. Supervision and documentation: Hours of participation in an employment-
related activity will be projected, based on actual hours worked, for up to six
months at which time current documentation shall be required in
order to evaluate any changes in the prospective hours of participation.
[8.102.461.11
NMAC - Rp, 8.102.460.20 NMAC, 04/01/2012]
8.102.461.12 SUBSIDIZED PRIVATE SECTOR EMPLOYMENT
(Core Activity):
A. Employment for which the employer receives a subsidy from
TANF or other public funds to offset some or all of
the wages and costs of employing a participant is considered to be subsidized
private sector employment.
B. General: New
Mexico will use TANF funds to offset the wages of employing a TANF participant
for an established period of time. Upon expiration of the subsidized term of
employment, the employer is expected to hire the participant. This income will be excluded for determining
TANF eligibility.
C. Component activities:
The following shall be considered as qualified participation hours for
subsidized private sector employment.
(1) Employment will be considered
subsidized if the employer receives TANF or other public sector funding for an
employee.
(2) Public sector paid apprenticeships and
paid internships shall be considered subsidized employment.
D. Supervision and documentation: Hours of participation in an employment-
related activity will be projected, based on actual hours worked, for up to six
months at which time current documentation shall be required in
order to evaluate any changes in the prospective hours of participation.
[8.102.461.12
NMAC - Rp, 8.102.460.21 NMAC, 04/01/2012; A, 1/1/2023]
8.102.461.13 SUBSIDIZED PUBLIC SECTOR EMPLOYMENT (Core
Activity):
A. Employment for which the employer receives a subsidy from
TANF or other public funds to offset some or all of
the wages and costs of employing a participant is considered subsidized
employment. The
employment will be considered subsidized if an employer receives a TANF
or other public sector subsidy for an employee.
B. General: A
participant is ineligible for NMW/TANF cash assistance while participating in
subsidized public sector employment.
Subsidized public sector employees will be paid no less than the greater
of federal or state minimum wage.
C. Component activities:
The following shall be considered as qualified participation hours for
subsidized public sector employment:
(1) Paid apprenticeships and paid
internships.
(2) Participation in various support
services designed to remove barriers towards employment shall be considered
countable hours as long as the participant is paid for
involvement.
D. Supervision and documentation: Hours of participation in an employment-
related activity will be projected, based on actual hours worked, for up to six
months at which time current documentation shall be required in
order to evaluate any changes in the prospective hours of participation.
[8.102.461.13
NMAC - Rp, 8.102.460.22 NMAC, 04/01/2012]
8.102.461.14 ON-THE-JOB TRAINING (Core Activity):
A. Training in the public or private sector that is given to
a paid employee that provides knowledge and skills essential to the full and
adequate performance of the job shall be considered on-the-job training. On-the-job training (OJT) may be subsidized
or unsubsidized. The employer of an OJT
participant will retain the employee after the successful completion of the OJT
contract and the existence of a written training plan; these plan requirements
distinguish OJT from other subsidized employment.
B. General:
(1) Hours in an on-the-job-training
activity will be determined by actual hours worked or upon the contract the HSD
has with the employer including paid leave and holidays and projected for up to
six months.
(2) The department will coordinate with the
department of workforce solutions, Workforce Investment Act (WIA), one-stops or
the New Mexico in-plant-training program to engage TANF participants in this
work activity.
(3) To qualify as OJT there must be a
contractual agreement with the employer and HSD may pay no more than 50 percent
of the participant’s wage and benefit package.
C. Component activities:
The following shall be considered as qualified participation hours for
OJT:
(1) on-the-job training as paid
employment; or
(2) professional certification; or
(3) practicum, internship, and clinical
training.
D. Supervision and documentation:
(1) Hours for this activity will be
projected for up to six months at which time current documentation shall be
required in order to evaluate any changes in the
prospective hours of participation.
(2) This activity must be supervised by an
employer, work site sponsor, or other responsible party on a daily
basis.
[8.102.461.14
NMAC - Rp, 8.102.460.23 NMAC, 04/01/2012]
8.102.461.15 JOB SEARCH AND JOB READINESS ASSISTANCE
(Core Activity):
A. Job search includes the acts of seeking or obtaining employment,
and preparation to seek or obtain employment.
B. General:
(1) Countable hours for looking for job
openings, making contact with potential employers,
applying for vacancies and interviewing for jobs, and in labor market training
will be determined by actual hours spent engaged in these activities. Travel time between these activities does count
as actual hours of participation, except the travel time to and from home.
(2) Job search hours are countable in
meeting the core work requirement hours for an individual with the following
limitations:
(a) a single parent with a child under the
age of six cannot participate for more than 80 consecutive hours and not to
exceed 120 hours in the preceding 12 months; or
(b) a single parent with a dependent child
over age six cannot participate for more than 120 consecutive hours and not to
exceed 180 hours in a preceding 12 months;
(c) in either of the above circumstances
participation shall not exceed four consecutive weeks of engagement in job
search and job readiness; and
(d) in either of the above circumstance
participation shall not exceed six weeks of engagement in job search and job
readiness.
(3) Needy
state status: If New Mexico
is determined to be a needy state as determined by the United States department
of health and human services the maximum number of hours allowed for
participation is as follows:
(a) a
single parent with a child under age of six cannot participate for more than 80
consecutive hour and not to exceed 240 hours in the preceding 12 months; and
(b) a
single parent with a dependent child over age six cannot participate for more
than 120 consecutive hours and not to exceed 360 hours in the preceding 12
months.
C. Component activities:
The following shall be considered as qualified participation hours for
job search and job readiness.
(1) Participation in parenting classes,
money management classes or life skills training.
(2) Participation in an alcohol or drug
addiction program where a qualified health or social professional provides
verification that such treatment or activity is necessary.
(3) Participation in job search including
searching for job openings, applying for jobs and interviewing for positions.
(4) Addressing
domestic violence issues/barriers:
(a) Participants who have significant
barriers to employment because of domestic violence or abuse may participate in
domestic violence work activity to receive services focused on assisting the
participant to overcome the effects of domestic violence and abuse. Participants engaged in this activity may
reside in a domestic violence shelter or may receive services while residing
elsewhere. The primary focus of such services is on helping the participant to
move into employment. Domestic violence is a temporary work-readiness activity
limited to no more than 24 weeks.
(b) The need for domestic violence
services can be identified at any point, starting with the resource planning
session up to the point at which the case is scheduled for closure. Services are provided by local agencies or
programs through referral.
(c) Domestic violence activity can include
a mix of domestic violence services and other work program activities. At no point shall a victim of domestic
violence be required to carry out any activity which puts the participant at
risk of further violence. Domestic
violence participation can include:
(i) emergency
shelter or re-location assistance;
(ii) child care;
(iii) personal, family and career counseling;
and
(iv) participating in criminal justice
activities directed at prosecuting the perpetrator.
D. Supervision and documentation:
(1) Verification of activities shall be
required to determine that a participant has satisfactorily completed the hours
by participating in one or several of the component criteria.
(2) Participation requirement hours shall
be considered based on actual supervised hours documented on a monthly
timesheet.
(3) Job search and job readiness
assistance activities must be supervised by the NMW service provider or other
responsible party on an ongoing basis no less frequently than daily.
[8.102.461.15
NMAC - Rp, 8.102.460.24 NMAC, 04/01/2012]
8.102.461.16 WORK EXPERIENCE (Core Activity):
A. Work experience is an unpaid activity. The purpose of work
experience is to improve the employability of those who cannot find
employment. Work experience may be in a
public or private sector setting.
B. General:
(1) The type of work experience placement
needed by a participant may be identified during the assessment or the
development of the IRP. Participants in
a work experience placement can either be subsidized employees or trainees,
depending upon the nature of the placement.
(2) Sponsoring agencies: Participants may be placed in either a public
or private sector work site. The work
site is selected based on a participant's individual needs. Sponsoring agencies provide supervision in a
safe and healthy work environment and must ensure that the environment is free
of discrimination based on race, gender, national origin, handicap, age,
religion, or political affiliation.
(a) The sponsoring agency must enter into
an agreement with the department which details the expectations and
responsibilities of each party and ensures an appropriate work setting.
(b) The sponsoring agency may not displace
any current employee in layoff status or infringe on the promotional
opportunities of any current employee.
(c) The sponsoring agency shall be
encouraged to give a hiring preference consideration to participants assigned
to their agency.
(3) Liability insurance: All work providers must sign a work
experience agreement and provide trainees with liability insurance.
Participants in a trainee activity are covered by medicaid
except for injuries caused on the job not covered by medicaid. Work-site accidents must be reported to the
ISD office within 24 hours of occurrence.
A written accident report must be obtained from the work site by the ISD
office and submitted to the department's central office within five working
days.
C. Component activities:
Placement provides a participant with an opportunity to acquire the
general skills, training, knowledge, and work habits necessary to obtain
employment. Unpaid apprenticeships and
unpaid internships are included as work experience.
D. Supervision and documentation:
(1) This activity must be supervised by an
employer, work site sponsor, or NMW service provider on an ongoing basis no
less frequently than daily.
(2) The Fair Labor Standards Act (FLSA)
standards are used to determine the maximum number of hours the department can
require a participant to meet. When the
participant meets the maximum number of hours required by the FLSA calculation
and the number is less than the core work hour requirement, the remaining hours
may be deemed up. The maximum amount of weekly hours required by the FLSA are calculated
as follows:
(a) Single parent: Add the monthly TANF cash assistance benefit (prior
to the sanction amount) to the monthly food stamp benefit and divide by the
federal or state minimum wage, whichever is higher, and divide by 4.3.
(b) Two-parent: The initial calculation of participation
requirement hours is the same as a single parent. Both parents can simultaneously participate
in an activity subject to FLSA NMW standard work participation requirement hours.
(c) Limited participation status: A participant in a limited work participation
status may use the FLSA calculation or lesser hours to meet the hours
prescribed in their work participation agreement.
[8.102.461.16
NMAC - Rp, 8.102.460.25 NMAC, 04/01/2012]
8.102.461.17 COMMUNITY SERVICE PROGRAMS (Core
Activity):
A. Community service is a non-paid work activity. Participants provide services needed by their
community. Sponsoring agencies may be
either public sector or private nonprofit entities such as libraries,
charities, churches, and schools. The
department will review each placement and take into account,
to the extent possible, the prior training, experience, and skills of a
participant in making appropriate community service assignments.
B. General: To
qualify as a community services placement, the activities carried out must be similar to those which would normally be carried out by a
volunteer working with the agency rather than those carried out by an
employee. Federal guidelines for
determining whether a placement is a "volunteer" versus an
"employee" must be followed by the sponsoring agency.
C. Component activities:
The following shall be considered as qualified participation hours for
community service programs.
(1) Community service programs will be
limited to projects that serve a useful community purpose in fields such as
health, social service, environmental protection, education, urban and rural
redevelopment, welfare, recreation, public facilities, public safety, and child
care.
(2) Head-start, schools and child care
centers: Some educational and child
care programs allow, or require, parents to contribute time in the classroom or
on class activities outside the classroom.
Time spent in such activities is considered to be
community service time and is countable as a core work activity.
(3) Liability insurance: All work providers must sign a community
service agreement and provide trainees with liability insurance. Participants
in a trainee activity are covered by medicaid and
additional medical insurance for injuries caused on the job that may not be
covered by medicaid.
Work-site accidents must be reported to the ISD office within 24 hours
of occurrence. A written accident report
must be obtained from the work site by the ISD office and submitted to the
department's central office within five working days.
D. Supervision and documentation:
(1) This activity must be supervised by an
employer, work site sponsor, or NMW service provider on an ongoing basis no
less frequently than daily.
(2) The Fair Labor Standards Act (FLSA)
standards are used to determine the maximum number of hours the department can
require a participant to meet. When the participant meets the maximum number of
hours required by the FLSA calculation and the number is less than the standard
work participation requirement hours, the standard work participation requirement
hours may be deemed as met due to compliance with FLSA standards. The maximum amount of monthly hours required by the FLSA is calculated
as follows:
(a) Single parent: Add the monthly TANF cash assistance benefit
(prior to the sanction amount) to the monthly food stamp benefit and divide by
the federal or state minimum wage, whichever is higher, and divide by 4.3.
(b) Two-parent: The initial calculation of standard work
participation requirement hours is the same as a single parent. Both parents can simultaneously participate
in an activity subject to FLSA NMW standard work participation requirement hours.
(c) Limited participation status: A participant in a limited work participation
status may use the FLSA calculation or lesser hours to meet the hours
prescribed in their work participation agreement.
[8.102.461.17
NMAC - Rp, 8.102.460.26 NMAC, 04/01/2012]
8.102.461.18 CHILD CARE FOR COMMUNITY SERVICE
PARTICIPANTS (Core Activity):
A. NMW participants may meet the NMW standard work
participation requirement hours by providing child care services, at no cost,
to other NMW participants engaged in community services.
B. General:
Use of a child care provider by a participant, as provided in this
section, is at the sole discretion of the participant.
(1) The department will make a good faith
effort to assure the provision of quality care and a safe environment by
referring community service participants only to childcare providers who have
been certified by CYFD. The department
makes no claim as to the quality of care which will be provided, and assumes no
liability, for the physical or emotional condition of children referred to a
home certified by CYFD.
(2) The minimum number of children a
participant may care for is determined based on the number of families needing
child care while participating in a community service component. However, at no time will the number exceed
child-care standards established by CYFD.
A participant electing to participate as child care provider is referred
to CYFD to enroll in the family nutrition program and to become a registered
child care provider with the state prior to placement of any children there by
the department. Participants must also
agree to obtain 20 hours of child care training within six months of approval.
(3) After successful registration, meeting
safety regulations, and receiving training, NMW participants shall become
registered child care providers. NMW participants shall then become eligible to
receive payments from CYFD for providing child care services.
(4) Hours of participation are based on
the number of hours each day the participant is actually
providing care for the children, plus one hour before and one after the
children leave for the purposes of clean-up and preparation.
(5) Upon placement of any child for pay,
by CYFD or by a parent, the participant is considered to be
employed.
C. Supervision and documentation:
(1) The provider is required to maintain
attendance records to verify the hours of work. Also included in participation
hours is time spent registering with CYFD, time spent correcting any
deficiencies necessary to complete registration as well as any time spent in
attendance at child care training activities.
(2) The NMW service provider or ISD office
shall maintain a list of registered child care providers who are providing
non-paid child care and refer to them any participant in community services who
needs child care in order to participate.
[8.102.461.18
NMAC - Rp, 8.102.460.27 NMAC, 04/01/2012]
8.102.461.19 VOCATIONAL EDUCATION AND TRAINING (Core
Activity):
A. Organized career and technical educational programs that
are directly related to the preparation of a participant for employment in
current or emerging occupations requiring training, to include a baccalaureate
or advanced degree are considered to be vocational
education and training. Engagement shall
be reported as core participation for not more than 12 months in a lifetime.
(1) A course of vocational education or
training is one whose purpose is to provide the specific knowledge and skills
needed by a participant to carry out the functions and activities of an
occupation or class of occupations listed in the DOT (dictionary of
occupational titles). A participant will
be granted a degree or certificate at the end of the program which names the
occupation.
(2) Vocational educational training must
be provided by education or training organizations, which may include, but are
not limited to, vocational-technical schools, community colleges, postsecondary
institutions, proprietary schools, non-profit organizations, and secondary
schools that offer vocational education and are certified to provide the
participant a certificate of completion by an accredited agency.
B. Approval of vocational education training:
(1) A fixed number of vocational education
training education slots shall be authorized by the department and shall not
exceed 30 percent of the total number of persons subject to work program
participation. For a participant in a
slot, all approved hours of participation in vocational education activities
shall count in meeting the participant’s core work participation requirement.
(2) No more than 12 months in a lifetime
of such activity are countable in meeting the standard work participation requirement
hours.
(3) Enrollment in an agreed-upon
vocational training program is the responsibility of the participant.
(4) Level of effort: Participation requirement hours shall be
considered based on:
(a) actual supervised class time hours;
(b) labs and similar activities are
considered class time;
(c) actual
hours of completed supervised
study-time;
(d) one hour of unsupervised study time
per hour of class not to exceed the educational program requirements; and
(e) holiday time and excused absences.
C. Component activities:
Vocational educational training programs should be limited to component
activities that give participants the knowledge and skills to perform a
specific occupation. The following shall
be considered as qualified participation hours for vocational education and
training.
(1) Vocational associate degree
programs: Programs consisting of
both academic and vocational for credit course work that requires 60 credits
for completion. Completion of these
programs can provide an associate of arts, associates of science or associates
of applied science degree in fields defined as vocational as per Subsection A
of this section.
(2) Instructional certificate programs: Programs designed to upgrade job related
skills which generally require up to a year to complete and involve less
academic work than associate degrees.
(3) Industry skills certifications: Industry developed certificates for students
who demonstrate specific skills often thru testing. Preparation for tests include both self-study
and courses offered at post secondary institutions or
other training providers.
(4) Non-credit course work: Curriculum designed to accommodate those who
want specific job related skills at an accredited institution.
(5) English
as a second language (ESL) and basic education: these courses of
study can count as part of the vocational training component only if they are
included in the embedded activities in the curriculum. In order to count as
a work activity, basic remedial education or ESL must be required subjects by
counseling or evaluative services provided by the educational facility.
(6) Distance
education and online certificate programs: Distance education and online certificate
programs in the associate degree and certificate programs listed above must be
taken through an institution accredited by an accrediting agency and recognized
by the council for higher education accreditation or by the U.S. department of
education in order to qualify as a work activity and
approved on a case-by-case basis by the NMW service provider.
(7) Class
and homework hours must be reported on timesheets and verified as supervised by
the attended institution’s instructor or aide.
D. Supervision and documentation:
(1) Verification of level of effort shall
be required to determine that a participant has satisfactorily completed the
hours by one or several of the component criteria.
(2) Participation requirement hours shall
be considered based on actual supervised and unsupervised hours documented on a
monthly timesheet.
[8.102.461.19
NMAC - Rp, 8.102.460.28 NMAC, 04/01/2012]
8.102.461.20 JOB SKILLS TRAINING (Non
Core Activity):
A. Job skills training required by an employer to provide a
participant with the ability to obtain employment or to advance within the
workplace is considered job skills training.
B. General:
Non-core work activities are countable towards the total work
participation requirement hours for a participant who has completed the core
work activity hours.
C. Component activities:
Participation in the following is considered as meeting work
participation requirement hours when combined with a core work activity:
(1) full-time training for adult basic
education (ABE), English as a second language (ESL);
(2) post-secondary education; or
(3) any other job related training that can not be considered vocational education as outlined in
8.102.461.19 NMAC.
D. Supervision and documentation:
(1) Verification of activities shall be
required to determine that a participant has satisfactorily completed the hours
by participating in one or several of the component criteria.
(2) Participation requirement hours shall
be considered based on actual supervised hours documented on a monthly
timesheet.
(3) Job skills training directly related
to employment must be supervised on at least a daily ongoing basis.
(4) Countable work participation requirement
hours shall be determined by actual hours spent in class time, completion of
supervised and unsupervised study hours to include holidays and excused
absences. One hour of unsupervised study
time for each hour of classroom time will be counted, as long
as the amount of study time does not exceed the educational program
requirements.
[8.102.461.20
NMAC - Rp, 8.102.460.30 NMAC, 04/01/2012]
8.102.461.21 EDUCATION RELATED TO EMPLOYMENT (Non Core Activity):
A. Any organized activity which is designed to improve the
participant’s knowledge or skills for the specific purpose of increasing the
participant’s ability to perform in the workplace is
considered to be education directly related to employment.
B. General: NMW
participants may engage in this activity if they have not received a high
school diploma or a certificate of high school equivalency or needs specific
education related to current employment or job offer. Non-core work activities are countable
towards the total work participation standard for a participant who has
completed the core work activity hours.
C. Component activities:
Participation in the following is considered as meeting work
participation requirement hours when combined with a core work activity:
(1) English as a second language (ESL) for
participants who are unable to or uncomfortable with their ability to
communicate in English, either spoken or written; or
(2) literacy training for participants who have trouble
understanding written English and is based on a demonstrated or acknowledged
difficulty in reading comprehension, regardless of the level of education
completed; or
(3) adult basic education (ABE) to assist
participants who need classes providing basic educational training before
working on a general equivalency degree (GED); or
(4) GED classes for participants who have
completed a general equivalency diploma pre-test and
the results indicate the participant is ready; or
(5) high school attendance for
participants who are attending an accredited high school, a participant who has
recently dropped out of high school shall be encouraged to re-enroll or
required to pursue a GED; or
(6) post-secondary institution for
participants who are enrolled in advanced educational training activity through
colleges, technical institutes or universities and who are attending classes in order to complete a two- or four-year college degree; or
(7) education directly related to
employment shall include any other job-related class provided by a facility or
organization.
D. Supervision and documentation:
(1) Verification of activities shall be
required to determine that a participant has completed the hours by
participating in one or several of the component criteria.
(2) Countable work participation requirement
hours shall be determined by actual hours spent in class time, completion of
supervised and unsupervised study hours to include holidays and excused
absences. One hour of unsupervised study
time for each hour of classroom time will be counted, as long
as the amount of study time does not exceed the educational program
requirements. Hours will be documented
on a monthly timesheet.
[8.102.461.21
NMAC - Rp, 8.102.460.31 NMAC, 04/01/2012]
8.102.461.22 SECONDARY SCHOOL/GED (Non
Core Activity):
A. The secondary school/GED work program activity serves
participants who are age 18 or older.
This may be a qualified activity for a participant who is under age 20,
but cannot enroll in high school if the participant has:
(1) successfully completed a previous
education work program activity - English as a second language or adult basic
education; or
(2) completed a general equivalency
diploma pre-test and the results indicate the participant is ready for GED
classes.
B. Participation must be supervised on no less than a daily
basis. Non-core work activities are
countable towards the total work participation standard for a participant who
has completed the standard work participation requirement hours with a core
work activity.
C. Component activities:
Participation in the following is considered as meeting work
participation requirement hours when combined with a core work activity:
(1) ABE or ESL; or
(2) GED or high school shall only be
included when they are prerequisites for employment.
D. Supervision and documentation:
(1) Verification of activities shall be
required to determine that a participant has completed the hours by
participating in one or several of the component criteria.
(2) Participation requirement hours shall
be considered based on actual supervised hours documented on a monthly
timesheet.
(3) Countable work participation requirement
hours shall be determined by actual hours spent in class time, completion of
supervised and unsupervised study hours to include holidays and excused
absences. One hour of unsupervised study
time for each hour of classroom time will be counted, as long
as the amount of study time does not exceed the educational program
requirements.
[8.102.461.22
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
HISTORY OF 8.102.461 NMAC:
NMAC History:
8 NMAC 3.FAP.460,
Work Program Activities, filed 06/16/1997.
8 NMAC 3.FAP.460,
Work Program Activities, filed 06/16/1998.
History of Repealed Material:
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 03/02/2001 -
Repealed effective 07/01/2001.
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 06/18/2001 -
Repealed effective 07/16/2007.
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 07/02/2007 -
Repealed effective 04/01/2012.