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TEGL 27-14: WIOA Transition
Authority For Immediate
Implementation of Governance
Provisions
May 13, 2015
UNITED STATES DEPARTMENT OF LABOR
Moderator & Presenters
Joe Barela, Senior Advisor
USDOL - Employment and Training Administration
Amanda Ahlstrand, Administrator
USDOL - ETA - Office Of Workforce Investment
Heather Fleck, Governance Unit Chief
USDOL - ETA - OWI - Division of WIA Adult Services and
Workforce System
Sean Fox, Workforce Analyst
USDOL - ETA - OWI - Division of WIA Adult Services and
Workforce System
UNITED STATES DEPARTMENT OF LABOR
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Poll Question # 1
Tell us who you are:
• Governor’s representative
• State Workforce Board
• State Workforce Agencies
• Local Workforce Board
• Representative of Locally Elected official
• One-Stop Operator
• Other
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Agenda
This session will address:
• ETA’s Vision for State Boards
and the Need to Act Now!
• Timeframe
• Appointment of State Board
• State Policy for Local Board Appointments
• State Policy for Local Area Designation
• The Identification of Regions
• The Designation of Local Areas
UNITED STATES DEPARTMENT OF LABOR
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State and Local Board Vision
• WIOA represents an opportunity to transform
the public workforce system.
• Statutory deadlines are quickly approaching.
• Published operating guidance is available at
http://wdr.doleta.gov/directives/.
• The key to successful implementation is the
appointment of qualified State and Local Boards
ASAP.
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State and Local Board Vision
• Most provisions of WIOA take effect on July 1, 2015,
including those related to State and local governance of the
workforce system.
• Boards ensure customer-driven One-stop system.
• Boards align resources to match employers with skilled
individuals.
• Boards serve as a strategic convener of diverse stakeholders.
• Boards promote partnerships.
• Board members must actively participate and collaborate
with all partners, both public and private.
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Activities that must be completed by
July 1, 2015
Entity
The Governor
Action
Required
Consultation
Appoint WIOA-compliant State Board
N/A
Develop a policy for designation of local State Board, Local
workforce development areas
Board, Chief
Elected Officials
Establish criteria for the selection and
appointment of Local Board members
N/A
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Activities that may be completed after
July 1, 2015
Entity
Action
Required Consultation
Deadline
The Governor
Designate local
workforce
development areas
State Board, Public
Comment
Identify Regions
State Board
Described in first Unified or
Combined State Plan
(The State is strongly
encouraged to respond to all
requests for initial
designation by July 1, 2016)
Described in first Unified or
Combined State Plan
Appoint a WIOAcompliant Local
Board
N/A
Chief Local
Elected Official
Strongly encouraged in the
first quarter of PY 2015
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Appointing a WIOA-Compliant State
Board: Board Membership
• The membership of State Board must meet the requirements of
WIOA 101 (b)(1):
• Business Majority
• 20 Percent Workforce
• Remainder Government
• Optional Members
• May contribute to 20 percent workforce requirements
• Expands representation on the Board.
• Committees
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Appointing a WIOA-Compliant State
Board: Selection Criteria
• WIOA Section 101(b)(3) prohibits multi-entity
representation.
• All representatives must have optimum policy-making
authority.
• The State Board must conduct business in an open
manner as required by the ‘Sunshine Provisions’ at
WIOA section 101(g).
UNITED STATES DEPARTMENT OF LABOR
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Polling Question # 2
Of those participating today that represent a State, do
you think you will have a WIOA-compliant State Board
on July 1, 2015?
• Definitely – We anticipate that the whole Board will
be 100% compliant.
• We are confident we will be compliant, but are still
identifying/recruiting members.
• We have begun identifying/recruiting
members, and hope to be compliant.
• Not At All
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Polling Question # 3
For State participants - If you have started recruiting
State Board members, are there member categories
any that you are having difficulty recruiting?
___________________________________
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Appointing a WIOA-Compliant State
Board: Hiring Staff
• New to WIOA: The State Board may hire a director and
other staff to assist in carrying out the functions of the
State Board.
• Emphasizes the Board’s leadership role.
• The director and staff are subject to the limitations on
the payment of salary and bonuses described in WIOA
Sec. 194(15).
UNITED STATES DEPARTMENT OF LABOR
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Local Board Appointment Policy:
Membership Requirements
In consultation with the State Board, the Governor must develop
a policy for the appointment of Local Board members that takes
into account the Local Board membership requirements at
107(b)(2).
• Business Majority
• 20 Percent Workforce
• Representatives of Education and Training Activities
• Representatives of Governmental and Economic Development
Entities
• Other Optional Membership Categories
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Local Board Appointment Policy:
Appointment Criteria
The Governor’s policy must also address the following
membership criteria:
• Policy for the nomination of business, labor, adult
education and institutions of higher education
• All Board members must have “optimum policy-making
authority”
• “Demonstrated experience and expertise” required for
members from CBO’s and youth-serving organizations
• Multiple-entity representation allowed
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Polling Question # 4
For State participants – Has the Governor
published the policy for appointment of local
board members yet?
• Yes
• No
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Polling Question # 5
Of those participating today that represent Local areas,
do you think you will have a WIOA-compliant Local
Board on July 1, 2015?
• Definitely – We anticipate that the whole Board will
be 100% compliant.
• We are confident we will be compliant, but are still
identifying/recruiting members.
• We have just begun identifying/recruiting members,
and hope to be compliant.
• Not At All
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Polling Question # 6
For Local participants - If you have started recruiting
Local Board members, are there member categories
any that you are having difficulty recruiting?
___________________________________
UNITED STATES DEPARTMENT OF LABOR
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Local Board Appointment Policy:
Standing Committees
• The Department encourages the use of standing
committees to expand opportunities for stakeholders
to participate in board decision-making.
• Types of Committees:
– Youth
– Services to Individuals with Disabilities
– One-Stop Operations
– Other Committees (as determined by the Chief
Elected Official)
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Polling Question # 7
For Local participants: Which standing committees are
you considering putting in place:
- Youth Standing Committee
- Services to Individuals with Disabilities
- One-Stop Operations
- Other (Fill in the blank _________________)
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Designate Local Workforce Development Areas
and Identify Regions
• States must describe the designation of local areas
and identify regions in their Unified or Combined
State Plan (due March 2016).
• Purpose of a Region: facilitate alignment of
workforce development activities with regional
economic development activities and better support
sector strategies and career pathways.
• Regional planning must occur when two or more
local areas are assigned to a region.
• Look for future guidance on regions.
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Designate Local Workforce Development Areas
and Identify Regions
• Purpose of Local Areas: to serve as a jurisdiction for
administration of workforce development activities.
• Coordinate efforts related to all the core programs at
the local level.
• Governors must designate local areas for the State to
receive Adult, Dislocated Worker, and Youth funding.
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Timing for Regional Identification and Local
Area Designation
• Consider designation of local areas in the context of
regions where possible.
• Statute permits WIA local areas to request initial
designation under WIOA in PY 2015 and PY 2016.
• DOL encourages initial designation by July 1, 2015.
• All regions and local workforce areas must be
described in the March 2016 State Plan.
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State Must Develop Policy for Designation of
Local Areas
Considerations
Consultation with the State Board
Consultation with the chief elected officials
and affected Local Boards
Consideration of comments received
through a public comment process.
Extent to which the proposed area is
consistent with local labor markets
Extent to which the proposed area is has a
common economic development area
Extent to which the proposed area has the
federal and non-federal resources to
administer activities under the Youth, Adult
and Dislocated Worker formula programs
Applies to:
ALL Local Area Designations
(Initial and New)
NEW Local Areas
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Requirements to Continue WIA local
areas under WIOA
• Statute refers to WIA local areas that continue under
WIOA as “initial designation.”
• Governor should establish procedure to accept
requests from local elected officials and local boards
of WIA local areas that want WIOA local area
designation.
• Criteria for approval includes performed successfully
and sustained fiscal integrity.
• Initial designation applies to PY 15 and PY 16.
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Initial Designation: Performed
Successfully
TEGL 27-14 defines performed successfully as:
the local area met or exceeded the levels of performance the
Governor negotiated with the Local Board and chief elected
official and the local area has not failed any individual measure
for the last 2 consecutive program years before the enactment of
WIOA. The terms "met or exceeded" and "failure" must be
defined by the Governor in the State's policy consistent with
how those terms were defined at the time the performance
levels were negotiated. When designating local areas, the
Governor may not retroactively apply any higher WIOA threshold
to performance negotiated and achieved under WIA.
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Initial Designation: Sustained Fiscal
Integrity
TEGL 27-14 defines sustained fiscal integrity as:
the Secretary has not made a formal determination
that either the grant recipient or the administrative
entity of the area misexpended funds due to willful
disregard of the requirements of the provision involved,
gross negligence, or failure to comply with accepted
standards of administration for the two-year period
preceding the determination.
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TEGL 27-14, Change 1
• Was issued on Tuesday, May 12, 2015
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Appeals
• The State must develop an appeals policy for units of
local government that request but are denied initial
designation status.
• Must include a provision for review by Secretary of
Labor.
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Single-Area States
• WIA Single-area states may be designated as a single
State local area under WIOA.
• Must be identified in the State Plan.
• Local Plans must be included in State Plan.
• State Board must carry out local board functions.
• States that were not single State local areas in WIA
may not designate themselves as such in WIOA.
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Polling Questions # 8
For State participants – Has the state
identified WIOA regions yet?
• Yes
• No
Does the State plan to align the WIOA regions with
other established regions in the State (e.g., economic
development regions)?
• Yes, we will align the regions with _______.
• No
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Polling Question # 9
For State participants – Do you think you will have a
local area designation policy in place by July 1, 2015?
• Definitely – We will publish the policy and have it in
place by July 1, 2015.
• We are confident we will have a policy in place by
then, and we are working hard to develop it now.
• We just started developing the policy, and hope it
will be ready by July 1, 2015.
• We haven’t started developing our policy yet.
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Polling Question # 10
For all participants – What technical assistance
activities, tools, and resources regarding the
implementation of governance provisions would be
helpful to you?
______________________
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Wrap Up
• Appoint WIOA-compliant Boards ASAP.
• Ensure the State Board works with the Governor and
state agency to develop local board criteria and local
area designation policies.
• The Department encourages immediate action on all
provisions, not just those with a statutory deadline of
July 1, 2015.
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Implications of Open NPRM
Submit NPRM questions to
http://www.regulations.gov/#!home.
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Q&A
• Questions?
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