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Trade Adjustment Assistance

Follow-up Requirements

Summary
DEED is modifying its follow-up requirements of individuals enrolled in the TAA, ATAA, or RTAA programs. This policy decreases the mandated occurrence of follow up activities, requiring that follow up occur only every 60 days, rather than every 30.

Relevant Laws, Rules, or Policies
20 CFR Part 617, Subpart B 617.19, Paragraph (c)(2)
Section 231 (c ) of the Trade and Globalization Adjustment Assistance Act of 2009
Training and Employment Guidance Letter 22-08, Attachment A, Section C.3
Training and Employment Guidance Letter 10-11, Section C.3

Effective Date
4/4/2013

Last Updated
3/1/2016

Contact
Deb Schlekewy, Debra.Schlekewy@state.mn.us
Tel   651.259.7570
Fax  651.296.0288
TTY  651.296.3900

Policy

Background
Previous DEED policy required local operators to follow-up on program participants (whether enrolled with the Dislocated Worker, Title I-B Adult, or TAA programs) at least once every 30 days.  For participants enrolled in training through TAA or receiving ATAA/RTAA, this requirement meant that they interacted with counselors at least once a month.  The purpose of this policy was to help local operators address problems before they became major impediments to the successful completion of benefits.

Policy
DEED is modifying this requirement to mandate follow-up activities at least once every 60 days for TAA, ATAA, and RTAA participants.  Although this entails a reduction in the mandated frequency, DEED feels that the bimonthly follow-up will be sufficient to forestall any significant problems that could lead to the cessation of benefits.

Local operators can conduct follow-up activities in a number of acceptable ways as explained elsewhere in TAA and Dislocated Worker policy.  In any scenario, however, local operators must place evidence of the follow-up in the individual files or in Workforce One (WF1) and obtain follow-up information indicating:

  • Progress towards achieving goals;
  • Any significant barriers/problems with the potential to prevent an individual from achieving their goals; and
  • Suggested ways of overcoming the barriers/problems.

This policy does not apply to participants who are receiving a Waiver of Training.  For participant’s receiving a waiver, federal policy mandates follow-up frequency according to a participant’s petition number and applicable law.  For participants covered under 2002 law, follow up activities must occur every 30 days.  For participants covered under 2009 or 2011 law, follow up activities must occur every 30 days after an initial 90 day period.  Waiver reviews must be recorded in Workforce One (WF1).

Benchmarks
Under the Trade Adjustment Assistance Extension Act of 2011 (TAAEA), participant eligibility for Completion TRA is contingent upon documentation and evaluation the customer’s satisfactory progress towards two benchmarks at intervals of no more than sixty days. The evaluation will determine whether the customer is:

  • Maintaining satisfactory academic standing (not on probation or determined to be “at risk” by the instructor or training institution), and
  • On schedule to complete training within the timeframe identified in the approved TAA Training Plan.

For participants in long-term training (six months or longer), DEED has instituted benchmark requirements for all TAA laws. Self-attestation (an individual’s verbal report) of the benchmarks is not permissible; therefore, individuals must complete the Training Progress Report at least every 60 days, AND submit their grades at the end of the term. The individual is required to submit the progress report to their Dislocated Worker counselor. The Dislocated Worker counselor should review and file the progress report, and notify a TAA specialist if the individual has not met both benchmarks.

Grades alone do not meet the benchmark requirements, and the only acceptable documentation is with the Training Progress Report. If one benchmark is missed, a participant's training plan must be reviewed and modified with the Dislocated Worker program counselor and TAA specialist. If ninety days have passed without a benchmark, the participant will be closed from TAA due to non-compliance (CFR). In lieu of closing the file for this non-compliance issue, the Dislocated Worker program counselor may, if s/he chooses, call the training institution and case note the participant's adequate progress towards maintaining satisfactory academic standing and remaining on schedule to complete training within the timeframe identified in the approved TAA Training Plan.

All participants currently enrolled in training under the TAAEA law and all new individuals, no matter their petition number, who apply for training benefits are required to complete the progress report. DEED can allow leniency to the progress report requirement on an individual basis. Approval from a TAA specialist is required.

Exception
This policy does not apply to participants who are receiving a Waiver of Training. For participant’s receiving a waiver, federal policy mandates follow-up frequency according to a participant’s petition number and applicable law. For participants covered under 2002 law, follow up activities must occur every 30 days. For participants covered under 2009 or 2011 law, follow up activities must occur every 30 days after an initial 90 day period. Waiver reviews must be recorded in Workforce One (WF1).

Related Links
Training Progress Report

Alternate formats such as Braille, audio-visual and large print are available upon request.