It Takes A Village Using a Team Approach to Create an Effective Applicant File Review Process at the Center Level Presenters: Pat Jackson Humanitas Denise Sudell USDOL Civil Rights Center Debbie Jones Humanitas

Objectives Health and disability staff will understand – their roles and responsibilities in the applicant file review process – the components of the applicant file review process – the documentation requirements associated with the applicant file review process 2

3 BACKGROUND AND PURPOSE How We Got Here

Existing Admissions Criteria Under regulations and current PRH – two sets of criteria – “Eligibility criteria” Factors such as age, income, barriers to education/employment, etc. – “Additional factors” “Needs can best be met” “Participate successfully in group situations” “Not likely to engage in actions...” Covered in ACAT 4

Why the Changes Criteria were subjective – Few specifics on how to determine if applicant met these “factors” – Left considerable discretion to ACs Concerns were raised – National Job Corps workgroup – recommended development of specific criteria – USDOL Civil Rights Center (CRC) – concerned that discretion was excessive, might result in discrimination (intentional or unintentional) 5

How We Got Here CRC was invited to partner with Job Corps to ensure that the revised admissions process complies with applicable nondiscrimination requirements and provides equal opportunity for applicants in protected groups (particularly applicants with disabilities) “Brainstorming team” comprised of Job Corps staff, Job Corps contractor staff, and staff of CRC met from 2006 into 2008 to revise PRH 1 and other related areas 6

Legal Requirements Congressional and administrative mandates require Job Corps to: – Enroll and serve applicants who meet the admissions requirements imposed by Congress (as interpreted by USDOL in the Job Corps regulations), regardless of a particular applicant’s disabilities – Provide reasonable accommodations for applicants and students with disabilities 7

PRH Pending Revisions The following additions/modifications are anticipated: – Language related to equal opportunity, non- discrimination, and related legal requirements – Clarification of essential admissions requirements – Policy and guidance related to the center review of applicant files 8

PRH Pending Revisions (cont’d) – Appendices about: Direct threat Communicating with persons with disabilities Transmission, storage, and confidentiality of medical and disability-related records 9

10 APPLICANT FILE REVIEW Policy

Reasonable Accommodation The reasonable accommodation process is a separate process from applicant file review. With the exception of direct threat, reasonable accommodation will be not be discussed as a part of the applicant file review process. See Reasonable Accommodation Guidelines

What is Applicant File Review? Applicant file review is the process by which the center reviews health, medical and disability-related information, and other information about the applicant that was not reasonably available to the Admissions Counselor (AC), to ensure that the applicant meets the essential admissions requirements under applicable statutes, regulations, Executive Orders, and policies Requires cooperation between ACs, records staff, wellness staff, and possibly other staff 12

File Review Team The center must identify those individuals who need to be a part of the file review process. Team composition must include the – Health and Wellness Manager (HWM) – Disability Coordinator (if a student with a disability) and may include the – Mental Health Consultant (CMHC), Physician, TEAP Specialist, and/or Dentist 13

Policy Requirement Each center is required to have a written policy (i.e., SOP or COP) describing the center’s process for reviewing applicant files This policy should describe in detail how an applicant file is processed from the time it arrives on center until the applicant is – accepted into the program and assigned a start date, or – recommended for denial and a final disposition made by the regional office 14

Center File Review Policy All center policies must address the following requirements – All applicant files go to the Records Department – Records tracks the location of each file – 30 day timeframe to complete file review – All applicant files go to Health and Wellness for a health documentation review, initial direct threat review and a clinical care review 15

Center File Review Policy (cont’d) All center policies must address the following requirements – Storage and transmission of applicant file information – Notification to applicant of results of file review 16

17 APPLICANT FILE REVIEW Process

Applicant File Maintenance All applicant files come from OA and go to the Records Department Records staff keeps documentation of: – For those files that are on center: where every applicant file is, to whom each file was sent, and how long the file has been (1) on center and (2) with a particular office or staff member – For those files sent to the Regional Office for review,: the date the file was sent, to whom it was sent, and the final disposition 18

Applicant File Maintenance (cont’d) – Forwards all files to Health and Wellness for initial review, without opening sealed portions of the file – Monitors the 30 day file review time period 19

Health and Wellness Review All files must be forwarded to the HWM or his/her designee for a health documentation review and initial direct threat review and a clinical care review 20

Health and Wellness Review (cont’d) NOTE: The Disability Coordinator must be involved in any review of the file of an applicant with a disability where concerns arise that: – the applicant may not meet admissions requirements; or – Job Corps cannot meet the applicant’s health care needs; or – the applicant may pose a direct threat 21

6-53 Review The information on ETA Form 6-53 and the medically-related documentation is reviewed to: – determine the health care needs of the applicant; – determine whether Job Corps can meet the health care needs of the applicant; – determine if the applicant presents a direct threat to self or others; and – verify consent for required routine medical assessments and/or consent to receive basic health care services 22

Direct Threat In the case of an applicant, a direct threat assessment typically will occur: – after the applicant has received conditional assignment to a Job Corps center and has completed the 6-53 Health Questionnaire, and – if an initial review of the specific information that has been received about that particular applicant (including the 6-53, the medically-related information that has been collected by the AC, and the results of the background check) indicates that he/she may have a medical condition or disability that: 23

Direct Threat (cont’d) poses a significant risk of substantial harm to the health or safety of the individual or others, and if the risk is posed by a disability, that the risk cannot be eliminated or reduced to an acceptable level by reasonable accommodation or modification – If the specific information in the folder appears to meet the standards described above, the HWM will forward the applicant’s information to the appropriately qualified licensed health provider employed by the center for a detailed direct threat assessment 24

25 APPLICATION DISPOSITION OPTIONS

Potential Outcomes Enrollment Applicant withdrawal Found ineligible based on information that was not reasonably available to the AC Recommendation for denial – Direct threat – Cannot meet basic health care needs 26

Revisiting Qualification for Admission Neither the center file review team nor its individual members may revisit the determination that an applicant is qualified for admission unless – there is new information presented that the AC could not have reasonably known at the time the applicant’s qualification for admission was established, and – this new information indicates that the applicant offered enrollment may not meet one of the Essential Admissions Requirements 27

Recommendation for Denial If the center recommends denial of enrollment, the center must contact the applicant to explain why it is recommending denial This contact must be documented and a written explanation of denial must be provided to the applicant 28

Rejection of Recommendation If a denial recommendation is rejected by the Regional Office and the applicant’s file returned to the center for enrollment, that applicant must be scheduled for arrival based on the date on which the application first arrived on center, not the date on which it was returned from the region 29

30 FILE MAINTENANCE Transmission and Storage Requirements

Documentation Transmission and Storage If the applicant withdraws his or her application or chooses not to enroll, all supporting documentation, including all medical, health, and disability-related documentation, must be returned to the AC – Medical, health, and disability-related documentation must be placed in a sealed envelope by a person who is authorized to have access to that information, and must be included with the rest of the supporting documentation about the applicant 31

32 DOCUMENTATION STANDARD Additional Considerations

Consistency in Documentation If a Center Physician or CMHC disagrees with an opinion provided by an outside professional regarding Job Corps’s ability to provide basic health care needs of the applicant, the Center Physician and/or the CMHC (as appropriate) should contact the outside professional to attempt to resolve the difference in opinion as well or be able to sufficiently document the reasons for it 33

Documentation Standard to Meet The final disposition of the application should be well substantiated by the documentation – Can someone not involved in the process pick up this record and clearly understand the final decision re: whether the applicant is qualified? 34

35 YOU DECIDE… Scenarios

Scenario #1 AC certifies that applicant meets all admissions criteria and file is forwarded to the center for review Applicant allegedly commits a crime after he receives a conditional offer of enrollment, and center learns of existing charges when Health and Wellness Manager calls applicant to talk about a healthcare need What should happen next? 36

Disposition Center received new information that the AC could not have known – Revisit eligibility criteria for court history Applicant “may” not be eligible for enrollment 37

Scenario #2 AC certifies that applicant meets all admissions criteria and file is forwarded to the center for review Applicant provides information on the 6-53 that he is HIV positive. Also provided is information from his attending physician that indicates his present medical status and his ongoing medical needs. What should happen next?

Disposition The HWM will review the health information to determine if basic health care needs can be met The HWM will discuss with the applicant how the center intends to provide continuity of care while he/she is on center An entry date will be set for the applicant

Scenario #3 AC brings applicant to center to tour Applicant talks about bringing a knife to center -- context is not clear Other considerations: – Conditional assignment had been made – Applicant has disclosed a disability What should happen next? 40

Disposition More facts are needed about the context of the conversation about the knife. What salient facts are missing and need to be developed before a disposition can be made? 41

Disposition – Was the applicant’s comment made in jest or was it serious? – What type of knife was in issue? Was it a pocket knife, a knife that the applicant thought would be a useful work tool during training, or a switch blade? – What did the AC say? Did the AC explain that there is a rule against bringing any knife to center? 42

Scenario #4 Applicant met all eligibility criteria and is conditionally assigned to a center The applicant discloses an intellectual disability on the 6-53 – IEP indicates a classification of mild MR – IQ score of 69 What should happen next? 43

Criteria for Consideration If the applicant has not graduated from high school: – The applicant wants to earn a high school diploma or GED and participate in career technical training (the applicant must indicate a desire to obtain both academic and career technical training); and After graduation from Job Corps, the applicant intends to: – Obtain employment; or – Enter the military; or – Continue his or her education 44

Criteria for Consideration (cont’d) If the applicant is a high school graduate: – The applicant wishes to obtain career technical training; and – The applicant wishes to obtain employment or enter the military after graduation from Job Corps 45

Criteria for Consideration (cont’d) Additionally, the applicant is able to complete/answer basic Job Corps application questions (e.g., birth date, address, phone number, last school attended, last grade completed, etc.) with or without reasonable accommodation 46

Other Considerations Any considerations at the center level? – If initial review of health and disability material or other protected documentation indicates a possible direct threat to the applicant or others (because his history indicates recent instances in which he did not appear able to make reasonably safe judgments so as to not place himself or others in harm’s way), then the file must be assigned to an appropriately qualified licensed health care provider to conduct a direct threat assessment – Determine if basic health care needs can be met 47

Disposition Applicant has already been determined to meet the “program suitability” admissions requirements: – The applicant’s educational and training needs can best be met through the Job Corps program and – Because the applicant met this requirement, he should be able to answer questions about basic personal information, independently or with communication assistance/reasonable accommodation, as appropriate 48

Scenario #5 18 year old male wants to study cement masonry or painting He was referred to Job Corps by his social worker as both parents are terminally ill and the social worker is seeking a residential placement for him, when his parents are no longer able to care for him HWM’s initial review of 6-53 and medically-related documentation discloses diagnosis of Disruptive Behavior Disorder secondary to brain abnormality and multiple other anxiety and depressive disorders; partial corpus collosum 49

Scenario #5 (cont’d) He is described as having moderate impairment of functioning in most social areas and has obsessive rituals from OCD and conversion symptoms, with frequent anxiety attacks along with aggressive and antisocial behavior 50

Scenario #5 (cont’d) The conditionally enrolled applicant came to the center with his mentor for a meeting with the HWM to review his basic health care needs. – During the interview, the young man would ridicule and belittle his mentor. He had difficulty managing his frustration and put his head down on the table for several minutes when he was overwhelmed. 51

Scenario #5 (cont’d) – The applicant verbalized that he wanted to complete his high school before entering JC but the case managers and adults around him are advocating for him to come into the program now. He is in a special education day class and wants to stay in his class and would rather not come to JC now. What should happen next? 52

Disposition Since applicant expresses no desire to enroll in Job Corps, the health interview should stop; the applicant no longer meets the program suitability requirement which requires the applicant to – Want to earn a high school diploma or GED and participate in career technical training (the applicant must indicate a desire to obtain both academic and career technical training) 53

54 RESOURCES

National Office Carol Abnathy, National Office of Job Corps (202) Johnetta Davis, National Office of Job Corps (202)

Regional Disability Consultants Chicago Region – Kim Jones San Francisco Region – Sylvia Domagalski Boston and Dallas Regions – Molly Rosinski Atlanta and Philadelphia Regions – Pat Jackson

CRC-DOL Denise Sudell, USDOL Civil Rights Center (202) (voice) (800) (Federal Information Relay Service for TTY/TDD) 57