ETA Webinar - State Plans and Waivers

The infusion of funds from the Recovery Act has prompted the Employment and Training Administration (ETA) to require WIA/Wagner-Peyser Act State Plan modifications from all states. In a webinar held earlier today, ETA provided an overview of its guidance on the submission process for State Plans and waiver requests for PY 2009.

The PowerPoint presentation can be found here:  http://www.workforce3one.org/view/2110908641287227698/info

A recording of the webinar should be posted to Workforce3One within a few days.

Click "Read more" below to read a summary of the webinar.

Presenters:

• Gay Gilbert, Administrator, Office of Workforce Investment
• Kim Vitelli, Governance Team
• Amy Young, Governance Team

Moderator:

• Jan Sten, Chief, Division of Workforce System and Support

By April 15:

• Request to extend current State Plan
• Proposed performance levels
• Request to extend current waivers

All existing waivers will be reviewed, in the context of the new administration and the changed economic environment. Requests should include a strong rationale for full consideration.

ETA will respond to state plan extension requests by June 30 (hopefully before) and encourages states not to hold up implementation waiting for approval.

By June 30:

• State Plan modification
• Full waiver plans including current waivers that states would like to continue

ETA will respond to state plan modification requests by September 29 (hopefully before) and again encourages states not to hold up implementation waiting for approval.

ETA expects the following in plan modifications:

• Actionable strategies for achieving goals of Recovery Act
• Governor’s vision and goals for the use of Recovery Act funds
• Solid grounding in workforce and economic information
• Fully responsive to questions in the attachment of TEGL 14-08

Among the key TEGL 14-08 questions to be addressed are:

• II. Identify the Governor’s key workforce investment system priorities for the state’s workforce investment system …
• IX.G. Describe innovative service delivery strategies the state has or is planning to undertake to maximize resources, increase service levels, improve service quality …
• IX.C.4.b. Describe the reemployment services the state provides to Unemployment Insurance claimants …

Local plans will also need modifications:

• Local Plan modifications should not hold up State Planning process or modification submission
• Local Planning process should not impede implementation of Recovery Act
• WIA does not require local plans to be modified on the same timeline as state plans; however, states should encourage locals to update their plans to reflect the state’s strategy.
• Waiver requests must be submitted to ETA by the state, not by local areas.

Almost all waivers apply to ARRA funding. The following waivers, however, have been determined to be in conflict with the goals of ARRA and do not apply to ARRA funding:

• Waiver of funds transfer limit between Adult and Dislocated Worker programs
• Waiver of the limitation on the use of funds for capitalization of businesses
• Waiver to permit the state to use rapid response funds to conduct statewide activities including Incumbent Worker Training (IWT) (but States may request for ARRA if IWT is part of lay-off aversion strategies)

These waivers may continue to be requested for formula funds, however.

To expedite implementation of summer youth programs, a new waiver on procurement will be allowed:

• Waiver of WIA section 123 for purpose of:
  - Expanding existing competitively procured contracts.
  - Expedited limited competition to select service providers.
• Does not waive state/local procurement laws or OMB requirements (29 CFR Parts 95.40-95.48 and 97.36)
• Only applies to ARRA funds and Summer 2009

In addition, a new waiver of performance measures for youth who participate in work experience only will be allowed:

• Permit states to use work readiness indicator as only performance indicator for out-of-school youth age 18-24 who participate in work experience only beyond the summer months
• Only applies to ARRA funds and only for the first six months following the summer of 2009 (i.e., October to March).

Furthermore, a new waiver provides program design flexibility for youth who participate in work experience only:

• Permits use of summer employment design flexibility for out-of-school youth age 18-24 who participate in work experience only beyond the summer months:
  - Waiver of requirement to make all 10 program elements available
  - Flexibility in providing the required 12 months of follow-up services
  - Flexibility to determine appropriate type of assessment and Individual Service Strategy
• Only applies to ARRA funds

Each of these youth experience waivers must still be requested and will require additional justification – see TEGL 14-08 for more detail.

Other specific waivers mentioned:

• ETA has previously approved waivers of the 50% match for Customized Training and On-the-Job-Training (OJT), allowing a sliding scale based on business size.

Although there is a two-state timeline for submission of plans and waiver requests, new waiver requests may be submitted at any time.

Other questions addressed:

• Which populations must receive priority of service?  Within WIA, priority of service remains for two populations: veterans and low-income individuals/individuals on public assistance.
• Which strategic partners should be included?  Composition of state WIBs is a good guide, with mandatory partners who include: adult education, K-12 education, economic development, community organizations, and the business community (which comprises >50% of each state’s WIB).
• How do we do longer-term training if there is an expectation to spend the bulk of the funds in the short term?  Longer-term training may be one of the tools in the tool-box among many. There may also be ways to meet the goal of spending recovery funds quickly, including paying some training costs up-front.

For more information, please see the Training and Employment Guidance Letter (TEGL) 14-08, which remains the official communication on this subject.