PURPOSE: The Division of Job Development and Training, Department of Economic Development has the responsibility to administer the three programs that combined comprise the Missouri youth service and conservation corps, and to approve and disapprove applications for these programs. This rule establishes guidelines for administration of these programs.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The Missouri youth service and conservation corps is comprised of program activities, individually or combined, of the community services and conservation program for young adults, the youth summer employment and remediation program and the young adult service and the conservation volunteer program, pursuant to all requirements stipulated in sections 620.552—620.574, RSMo.

   1. (A) The community services and conservation program for young adults provides educational, training and work experience opportunities to Missouri youth; offers opportunities for career exploration; and contributes to the general welfare of the state and its localities.

      1. 1. Based upon the availability of

approved projects and adequate funds, the program shall be operational on a year-round basis.

1. 2. All eligible young adults aged sixteen

through twenty-five (16—25) shall be qualified to participate in the program.

1. 3. Preference for program participation

shall be given to persons that are at the time of application either high school dropouts or have been determined to be at risk of dropping out of school.

1. A. Preference shall not be interpreted

to infer mandatory enrollment.

1. B. An applicant shall be considered at

risk of dropping out of school if at the time of program application—

1. (I) The applicant has not received a

high school diploma or General Education Development (GED) certificate and is enrolled full-time in an elementary, secondary or post-secondary-level vocational, technical or academic school, or is between school terms and intends to return to school; and

1. (II) The applicant meets the current

definition of at risk of dropping out of school as established and made available upon request by the Division of Job Development Training (JDT).

1. 4. No person shall be enrolled as a pro-

gram participant for a period of time that exceeds twelve (12) calendar months.

1. 5. Participants shall be employed with

wages according to a work plan developed by the project sponsor and approved by JDT. The work plan shall include the scheduled time which will be assigned to fulfilling the project’s objective(s), and also time intended for classroom activities.

1. A. Participants that are high school

dropouts, or determined to be at risk of dropping out of school shall work toward the completion of their GED, or the successful completion of high school.

1. B. The project’s work schedule shall

include a description of all planned classroom activities, inclusive of, but not limited to GED and remedial curricula.

1. 6. During the participant’s scheduled

final three (3) weeks of program enrollment, eight (8) hours per week may be granted to search for permanent employment, with reimbursement possible.

1. (B) The youth summer employment and remediation program providing needed paid work experience combined with employability skills training and, as necessary, educational remediation activities.

   1. 1. Based upon the availability of

approved projects and adequate funds, the program shall be operational each year from the first day of June through the first Monday in September.

1. A. Alternate dates of program opera-

tion may be approved by the JDT provided that the time frames are within those late spring and summer months in which school is not in session where participants employed at an individual program project would normally attend public high school.

1. (I) In the event the group of partic-

ipants that shall be employed at an individual program project would normally attend more than one (1) public high school, the project may begin after the earliest date that any of 4 CSR 195-4

the affected schools is scheduled for classes not to be in session and must end prior to the latest date for class resumption as set by any of the affected schools.

1. (II) Alternate dates must follow

local public school schedules for classes not to be in session regardless of the participant’s status as an actively enrolled high school student.

1. (III) High school schedules for

summer session classes may be disregarded when considering alternative dates for program operation.

1. B. Alternate dates of program opera-

tion may be approved by JDT, provided those dates and operation are proposed for coordinated program delivery with the summer youth program funded by Title II-B of the federal Job Training Partnership Act, P.L. 97- 300.

1. 2. All eligible young adults aged sixteen

through twenty-five (16—25) shall be qualified to participate in the program.

1. 3. Preference for program participation

shall be given to persons that at the time of application are either high school dropouts or have been determined to be at risk of dropping out of school.

1. A. Preference shall not be interpreted

to infer mandatory enrollment.

1. B. The applicant meets the current

definition of at risk of dropping out of school as established and made available upon request by JDT.

1. 4. Participants shall be employed with

wages according to a work plan developed by the project sponsor and approved by JDT. The work plan shall include the scheduled time which will be assigned to fulfilling the project’s objective(s), and also time intended for classroom activities.

1. A. Participants that are high school

dropouts, or determined to be at risk of the dropping out of school shall work toward completion of their GED, or the successful completion of high school.

1. B. The project’s work schedule will

include a description of all planned classroom activities, inclusive of, but not limited to GED and remedial curricula.

1. (C) The conservation volunteer program shall consist of unpaid work that provides employability skills training and work experience.

   1. 1. Based upon the availability of

approved projects and adequate funds, the program shall be operational on a year-round basis.

1. 2. All eligible young adults aged six-

teen to twenty-five (16—25) shall be qualified to participate in the program.

1. 3. Preference for program participation

shall be given to persons who are at the time of application either high school dropouts or have been determined to be at risk of dropping out of high school.

1. A. Preference shall not be interpreted

to infer mandatory enrollment.

1. B. An applicant shall be considered at

risk of dropping out of school if, at the time of program application, the requirements specified in subparagraphs (1)(B)3.B. are met.

1. 4. Participants who are high school

dropouts, or determined to be at risk of dropping out of school, shall work toward the completion of GEDs or the successful completion of high school.

1. 5. Participants who are actively enrolled

in high school shall not work more than eighteen (18) hours per week while school is in session.

1. 6. Participants who are actively enrolled

in post-secondary classes shall be scheduled for work in a manner that shall allow for attendance of classes and class-related activities.

1. 7. Though program participants shall

not be paid a wage, supportive services shall be allowable as deemed appropriate by JDT.

1. (2) All wages paid to Missouri youth service and conservation corps program participants shall be equal to or greater than the minimum wage as established by federal or state law.
2. (3) All work performed by Missouri youth service and conservation corps program participants shall be in accordance with all applicable federal and state child labor laws.

3. (4) Eligibility criteria for participation in Missouri youth service and conservation corps program activities shall be limited to the following:

   1. (A) All participants shall be Missouri residents;
   2. (B) No person shall be eligible for participation in Missouri youth service and conservation corps program activities if, within twenty-four (24) months prior to application, the person has been convicted of a felony;
   3. (C) No person shall be gainfully employed at the time of application for Missouri youth service and conservation corps program activities;
   4. (D) Age groups as specified for each program; and
   5. (E) Any applicable requirements placed on participant eligibility by project funding sources.
4. (5) Educational remediation classes shall be made available to those participants who are high school graduates or have obtained a GED, but are interested in remedial instruction.
5. (6) Any participant who has a high school diploma or a GED, but wishes to participate in educational remediation classes must be scheduled for that activity in a manner that shall not interfere with work hours as mandated in sections 620.560 and 620.562, RSMo.

6. (7) JDT shall review all acceptable applications from eligible project sponsors and shall approve or disapprove proposed projects for the Missouri youth service and conservation corps.

   1. (A) JDT shall issue program applications to solicit program project proposals.

      1. 1. Project application for any Missouri

youth service and conservation corps program shall be proposed on forms provided by JDT.

1. 2. JDT shall release application forms at

its discretion and only to eligible project sponsors as defined in section 620.556, RSMo.

1. 3. JDT shall not accept any application

that has not been reviewed previously by the private industry council (PIC) of the affected service delivery area (SDA).

1. A. The PIC and SDA are established

pursuant to the Job Training Partnership Act.

1. B. PIC review shall be designated by

signatures of the PIC chairperson and the chief elected official of the SDA.

1. C. Applications proposing projects

that shall include program components in more than one (1) SDA, shall require review by all affected PICs.

1. D. Written comments submitted to

JDT from the PIC(s) relating to the application shall be considered during the evaluation process.

1. 4. If the proposed project affects an

existing collective bargaining agreement(s), JDT will not accept the application without documentation that the appropriate local collective bargaining agent(s) has been given the opportunity to review the application and comment on the proposed project.

1. A. The affected local bargaining

agent(s) shall be provided a minimum of fifteen (15) working days to provide comments to the project sponsor.

1. B. Copies of correspondence to the

affected local bargaining agent(s) requesting comments on the proposed project, and all resulting correspondence from the local bargaining agent received by the project sponsor must be attached to the application when submitted to JDT.

1. 5. The application must include a pro-

ject description, including how the project shall satisfy objectives of the Missouri youth service and conservation corps.

1. A. The Missouri youth service and

conservation corps objectives include, but are not limited to:

1. (I) The rehabilitation of substan-

dard housing;

1. (II) The repair, restoration and

maintenance of public facilities and amenities;

1. (III) Assistance with the organiza-

tion and delivery of educational and health services;

1. (IV) Assistance for the elderly

home-bound;

1. (V) Delivery of food to the hungry

and elderly;

1. (VI) Restoration or development of

park facilities;

1. (VII) Trail construction and main-

tenance; (VIII) Litter control;

1. (IX) Land and soil conservation;
2. (X) Road repair;
3. (XI) Land reclamation;
4. (XII) Reforestation; and (XIII) Other undertakings which

benefit the control, management, restoration and conservation of the bird, fish, game, forestry, or wildlife resources, and the soil or water resources of Missouri.

1. B. The project description shall spec-

ify—

1. (I) Whether or not the objectives of

the proposed project are stated within any municipal, county, regional or state agency plan;

1. (II) The number of program partic-

ipants to be assigned to each project, including:

1. (a) The nature and duration of

participant employment or volunteer work;

1. (b) The combinations or

sequences of education or vocational training to be provided; and

1. (c) The ratio, per work crew of

crew leaders or supervisors to the crew of participants;

1. (III) A description of all funds to be

applied to the project. The description of funds shall include:

1. (a) A statement of the amount

and purpose of funding requested from JDT and the manner and timetable for fund disbursement;

1. (b) An overall project budget that

specifies the percentage each funding source represents in relation to the total project budget;

1. (c) A detailed line item budget

separating cost categories of administration, participant supportive services and training/participant work-related costs.

1. I. The line item budgets shall

include all funding sources intended for use in the project.

1. II. Acceptable cost categories

definitions are stipulated in JDT’s Financial Manual.

1. C. The project description shall

include a narrative illustrating the potential project sponsor’s use of technical assistance and financial support of all affected agencies or parties to ensure the coordination and the success of the project.

1. D. Any use of funds referenced in the

project description, outside of those from the project sponsor and those sought from JDT, shall require a letter of financial commitment from the affected agency(ies) or party(ies) as an attachment to the application.

1. (B) Any application that fails to completely address all required items for the Missouri youth service and conservation corps program of petition shall be deemed as not acceptable for review by JDT.
2. (C) Any application received by JDT fewer than sixty (60) calendar days prior to the proposed project start date may be deemed as not acceptable for review by JDT.

3. (D) The budget of each application submitted to JDT shall be subject to provisions of 620.566 and 620.568 RSMo, or shall be deemed as unacceptable for review by JDT. These restrictions require that—

   1. 1. No more than ten percent (10%) of

the total project shall be allocated or expended for administrative costs; and

1. 2. No less than twenty-five percent

(25%) of the total project budget is to be provided by the project sponsor.

1. (E) Any application submitted to JDT by a unit of local government including school districts, private not-for-profit corporation or organization, or a community-based organization shall be accompanied by a copy of the project sponsor’s most recent audit.

1. (8) JDT shall evaluate applications for the community services and conservation program for young adults and the youth summer employment and remediation program based upon the project’s design to meet the objectives of the Missouri youth service and conservation corps, and other factors including, but not limited to:

   1. (A) Budget factors including the accuracy of budget calculations, budget detail provided, reasonableness and allowability of costs, and firm commitment of financial support from the project sponsor and other affected agencies or parties;
   2. (B) Project design factors including the variety and quality of work projects, the quality of supportive services available to participants and the comprehensiveness of the project; and
   3. (C) Training and education components including the degree, that any necessary educational instruction, work skills, job retention skills, job search techniques and work ethics are to be provided to program participants.

2. (9) JDT shall evaluate applications for the conservation volunteer program based upon the project’s design to meet the objectives of the Missouri youth service and conservation corps, and other factors including, but limited to:

   1. (A) Budget factors, including the accuracy of budget calculations, the budget detail provided, reasonableness and allowability of costs, and firm commitment of financial support from the project sponsor and other affected agencies or parties;
   2. (B) Experience of the applying project sponsor including past performance with youth, volunteer and related programs;

   3. (C) Project design factors including the:

      1. 1. Degree of youth input into develop-

ment;

1. 2. Degree that career related informa-

tion pertaining to volunteer projects is planned for participants;

1. 3. Number of youth to be served;
2. 4. Benefits to the affected com-

munity(ies);

1. 5. Variety and quality of work projects;
2. 6. Quality of supportive services avail-

able to participants; and

1. 7. Comprehensiveness of the project;

and

1. (D) Training and education components including the degree that any necessary educational instruction, work skills, job retention skills, job search techniques and work ethics are to be provided to program participants.

1. (10) JDT shall distribute copies of project applications received to all affected state agencies and shall allow fifteen (15) working days for these agencies to offer comments relating to project feasibility, including the identification of other available funds.

   1. (A) The determination of which state agencies are affected by a particular potential Missouri Youth Service and Conservation Corps project shall be made by a comparison of the mission statements of state agencies with the project objective(s) as stated in the application, or by other available means. 4 CSR 195-4
   2. (B) Any state agency submitting an application for review and approval shall not be contacted for comment on that potential project.

   3. (C) State agencies receiving a formal request for project application review shall return comments to JDT within the prescribed time period of fifteen (15) working days.

      1. 1. State agency comments shall bear the

signature of the agency director, or a designee with the authority to submit comment on behalf of the agency director.

1. 2. Failure by any affected state agency to

return written comments to JDT within the prescribed time period shall be considered as concurrence with the project as described within the application.

1. (11) JDT shall maintain the authority to separate programs and funds to serve those persons to enhance the efficiency of administering any federal Job Training Partnership Act funds which are available to the Missouri youth service and conservation corps.

2. (12) JDT shall not approve the application for any project that—

   1. (A) Replaces or supplants employees engaged in an authorized work stoppage;
   2. (B) Replaces or supplants currently employed workers; or
   3. (C) Impairs existing contracts for services provided by other workers.
3. (13) Unless specified otherwise in sections 630.552—630.574, RSMo or this rule, all administrative and program management requirements contained in JDT’s Financial Manual shall apply to the project sponsor of any JDT-approved project of any Missouri youth service and conservation corps program.

4. (14) The project sponsor shall bear responsibility for—

   1. (A) Monitoring of the project in accordance with standards set forth by JDT;
   2. (B) Recording and tracking of participant demographic and program activity data in accordance with requirements set by JDT;
   3. (C) Assuming responsibility for any tort claims related to their project;
   4. (D) Maintaining Workers’ Compensation and liability insurance covering all programrelated operations in accordance with applicable federal and state laws;

   5. (E) Performing a financial audit of the project that is in accordance with all applicable federal and state laws, and that will include provisions for—

      1. 1. Resolution of any management find-

ings, and questioned and disallowed costs; and

1. 2. A reasonable attempt to collect disal-

lowable costs resulting from it.

1. (F) Notifying participants to or at the time of enrollment, that—

   1. 1. Employment in any Missouri youth

service and conservation corps program shall be exempt from merit system requirements as established by the Missouri Office of Administration;

1. 2. Employment in any Missouri youth

service and conservation corps program shall not entitle the participant for eligibility for membership in any public employees’ retirement system; and

1. 3. Participant notification that dependent

upon eligibility criteria services performed by any Missouri youth service and conservation corps program may not constitute employment within the meaning of the Missouri employment security law, Chapter 288, RSMo, if the program is operated as a workrelief or work-training program in accordance with section 288.034.9(5), RSMo.

1. (15) Contract agreements, or projects, or both, established pursuant to requirements stipulated in sections 620.552—620.574, RSMo, at the discretion of the JDT, will be provided project funds as follows:

   1. (A) Directly from project sponsor(s), affected state agency(ies) or other entities providing funds directly to the project in accordance with instructions provided in this rule; and

   2. (B) Directly by JDT from funds deposited by state agencies when state agencies are unable to provide direct payment to contracting project sponsors as in subsection (15)(A), other allowable sources or funds appropriated, by the general assembly into the Youth Service and Conservation Corps Fund established in section 620.574, RSMo, or both.

      1. 1. JDT will prepare warrant requests to

the Division of Accounting from the Youth Service and Conservation Corps Fund for contract agreements or projects, or both, in accordance with procedures established by the Division of Accounting for the Financial Management and Control System (SAM).

1. 2. Warrant requests prepared by JDT—

   1. A. For contract agreements or pro-

jects, or both, at the discretion of JDT will be based on the following submittal by the contracting project sponsor to JDT for the contract agreement or project, or both, a monthly Cash Forecasting and Drawdown Request form (CFDR), if necessary for each funding category identified in the contract agreement, and prepared on a weekly basis in accordance with instructions contained in the JDT Financial Manual; or

1. B. Of a monthly Contract Progress

Report(s) (invoice) form to request reimbursement of incurred expenses for the total contract or each individual project, or both, by funding source in accordance with instructions contained in the JDT’s Financial Manual.

AUTHORITY: section 620.566, RSMo 1994.* Original rule filed May 2, 1991, effective Sept. 30, 1991. Amended: Filed Nov. 16, 1992, effective June 7, 1993. Amended: Filed Feb. 10, 1995, effective July 30, 1995. *Original authority: 620.566, RSMo 1990, amended 1993.