MEMO: AP 00-08
November 15, 2016
DATE: July 3, 2000
TO: RWDB Directors; RWDB Chairpersons; Grant Recipients
FROM: Lorna Joseph, Acting Director of Operational Support
SUBJECT: Definitions Necessary for Low
Background: As you are aware, the
Workforce Investment Act provides that at least 95 percent of youth ages 14 - 21
in WIA formula programs must meet the following eligibility requirements:
1) qualify as low income; and
2) meet at least one of the following barriers
a. basic skills deficient
Policy: This issuance is to provide state guidance and/or definitions to
be used in the determination of who meets the low income
criteria. We have attempted to the extent feasible, to adopt
definitions that are not significantly different than those used
previously under JTPA.
b. school dropout
c. homeless, runaway, or foster child
d. pregnant or parent
f. requires additional assistance to complete education programs, or to
The attached contains the stateís guidance on
the determination of low income for youth formula program eligibility. This
issuance should be used as a guide for all new youth (14-21) formula program
eligibility determinations on or after July 1, 2000.
If you have any questions, please contact your
WIA area designated liaison.
Low Income Determination Definition
A family shall be defined as:
Two or more persons related by blood, marriage
or decree of court, who are living in a single residence, and are included in
one or more of the following categories:
(a) a husband, wife and dependent
(b) a parent or guardian and dependent children;
(c) a husband and wife.
1. An individual with a disability shall be
considered a family of one for purposes of family size if such individual has a
physical or mental disability which for such individual constitutes or results
in a substantial handicap to employment. (Further guidance on this issue is
included in this policy.)
Please note that if such individual will not
qualify by using family of one status, but will qualify by using their actual
family size, then their actual family size should be utilized.
2. Any youth who has been determined by State
of Connecticut law to be either an emancipated youth or a court adjudicated
youth separated from the family may be considered to be a family of one.
3. Any youth who meets the definition of
runaway youth contained in this policy may be considered a family of one.
1. Living in a Single Residence
The term living in a single residence with
other family members includes temporary, voluntary residence elsewhere (e.g.,
attending school or college, or visiting relatives). It does not include
involuntary, temporary residence elsewhere (e.g., incarceration, or placement as
a result of a court order).
2. Dependent Children
For the purposes of (a) and (b) under the
family definition, dependent children shall mean:
a. any child through age 17; or
3. Runaway Youth
b. any child aged 18-23 who is a full time student; or
c. any child aged 18-23 who is not a full time student who does not provide
for at least 50 percent of his/her own support at the time of application.
A runaway youth for purposes of this policy on
family is defined as a person under 18 years of age who absents himself or
herself from home or legal residence without the permission of parents or legal
guardian. (This definition is from regulations issued pursuant to the Runaway
and Homeless Youth Act.)
4. Individual with a Disability
The following definition for individual with a
disability is taken from Section 35.104 of the Americans with Disabilities Act
regulations. It is intended to assist you in making determinations of the term
individuals with a disability.
Disability means, with respect to an
individual, a permanent or temporary physical or mental impairment that
substantially limits one or more of the major life activities of such
individual; a record of such an impairment; or being regarded as having such an
(1) (i) The phrase physical or mental
(A) any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological, musculoskeletal, special sense
organs, respiratory (including speech organs), cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin and endocrine;
(B) any mental or physiological
disorder such as mental retardation, organic brain syndrome, emotional or
mental illness, and specific learning disabilities.
(ii) The phrase physical or mental impairment
includes, but is not limited to, such contagious diseases and conditions as
orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning disabilities, HIV disease,
tuberculosis, drug addiction, and alcoholism
(iii) The phrase physical or mental impairment
does not include homosexuality or bisexuality.
(2) The phrase major life activities means
functions such as caring for oneís self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an
impairment means has a history of, or has been misclassified as having, a mental
or physical impairment that substantially limits one or more major life
(4) The phrase is regarded as having an
(i) has a physical or mental
impairment that does not substantially limit major life activities, but that
is treated by a public entity as constituting such a limitation;
(ii) has a physical or mental
impairment that substantially limits major life activities only as a result
of the attitudes of others toward such impairment; or
(iii) has none of the impairments
defined in paragraph (1) of this definition, but is treated by a public
entity as having such an impairment.
(5) The term disability does not include:
(i) transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual behavior disorders;
(ii) compulsive gambling, kleptomania,
or pyromania; or
(iii) psychoactive substance use
disorders resulting from current illegal use of drugs.
Individual with a disability means a person
who has a disability. The term individual with a disability does not include an
individual who is currently engaging in the illegal use of drugs when the public
entity acts on the basis of such use.
Public entity means:
(1) any state or local government;
(2) any department, agency, special purpose
district, or other instrumentality of a state or states or local government; and
(3) the National Railroad Passenger
Corporation, and any commuter authority (as defined in Section 103(8) of the
Rail Passenger Service Act).
Determination of Individual with a
On a reporting level for WIA, it is necessary
to classify individuals in the following manner:
1. those individuals with a physical or mental
disability which for such individual constitutes or results in a substantial
handicap to employment;
2. those individuals with a physical or mental
disability which for such individual does not constitute or result in a
substantial handicap to employment;
3. those individuals without a disability.
While both items 1. and 2. above will mean the
individual is classified as having a disability, only item 1. will allow the
individual to be considered a family of one when determining income eligibility
under WIA. The difference between items 1. and 2. is the phrase substantial
handicap to employment.
To assist WIAs in making the determination on
whether the handicap is substantial, we are adopting the following guidance:
Substantial handicap to employment - is a loss
of occupational choices of a class or group of jobs due to the disability, i.e.,
significant diminishment of choices.
To further assist you in making determination
on whether there has been a loss of occupational choices, the state is offering
the following additional guidance:
1. An individual with an observable physical or
mental disability may be considered as having a substantial handicap to
employment if it results in a significant diminishment of choices.
2. On all other individuals with a disability
(including those with a learning disability), you should consider whether the
loss of occupational choices were in areas where the affected individual had
previously or currently demonstrated either an interest in or an aptitude for.
The documentation of the disability can be
provided through a number of sources. We have adopted as official state policy
Individuals with Disabilities
NOTE: If an individual declares a disability,
any of the listed items may be used.
letter from drug or alcohol rehabilitation agency
letter from child study team stating specific
sheltered workshop certification
Social Security Administration disability records
Social Service records/referral
Veterans Administration letter/records
Vocational Rehabilitation letter
Workers Compensation records