Page:United States Statutes at Large Volume 102 Part 3.djvu/409

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2361

number of persons to be served by the program, (ii) a description of the services to be provided within the State and the political subdivisions thereof, the needs to be addressed through the provision of such services, the extent to which such services are expected to be made available by other agencies on a nonreimbursable basis, and the extent to which such services are to be provided or funded by the program, and (iii) such additional information as the Secretary may require by regulation to enable the Secretary to determine that the State program will meet all of the requirements of this part and part A. "(C) The Secretary shall consult with the Secretary of Labor on ener£d plan requirements and on criteria to be used in approving tate plans under this section. "(D)(i) Not later than October 1, 1992, each State shall make the program available in each political subdivision of such State where it is feasible to do so, after taking into account the number of prospective participants, the local economy, and other relevant factors. "(ii) If a State determines that it is not feasible to make the program available in each such subdivision, the State plan must provide appropriate justification to the Secretary. "(2) The State agency that administers or supervises the administration of the State's plan approved under section 402 shall be responsible for the administration or supervision of the administration of the State's program. "(3) Federal funds made available to a State for purposes of the program shall not be used to supplant non-Federal funds for existing services and activities which promote the purpose of this part. State or local funds expended for such purpose shall be mainteined at least at the level of such expenditures for the fiscal year 1986.

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"(b) ASSESSMENT AND REVIEW OF NEEDS AND SKIUUS OP PARTICIPANTS; EMPLOYABILTTY PLAN.—(I)(A) The State agency must make

an initial assessment of the educational, child care, and other supportive services needs as well as the skills, prior work experience, and employability of each participant in the program under this part, including a review of the family circumstances. The agency may also review the needs of any cMld of the participant. "(B) On the basis of such assessment, the State agency, in consultetion with the participant, shall develop an employability plan for the participant. The employability plan shall explain the services that will be provided by the State agency and the activities in which the participant will take part under the program, including child care and other supportive services, shall set forth an employment goal for the participant, and shall, to the maximum extent possible and consistent with this section, reflect the respective preferences of such participant. The plan must take into account the participant's supportive services needs, available program resources, and local employment opportunities. The employability plan shall not be considered a contract. "(2) Following the initial assessment and review and the development of the employability plan with respect to any participant in the program, the State agency may require the participant (or the adult caretaker in the family of which the participant is a member) to negotiate and enter into an agreement with the State agency that specifies such matters as the participant's obligations under the program, the duration of participation in the p r ( ^ a m, and the activities to be conducted and the services to be provided in the