[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Notices]
[Page 19221-19252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-132]
[[Page 19221]]
-----------------------------------------------------------------------
Part IV
Department of Labor
-----------------------------------------------------------------------
Employment and Training Administration
-----------------------------------------------------------------------
Workforce Investment Act: Revisions to the Workforce Investment Act
Title I, Wagner Peyser Act and the Senior Community Service Employment
Program Unified Planning Guidance; Notice
[[Page 19222]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Workforce Investment Act: Revisions to the Workforce Investment
Act Title I, Wagner Peyser Act and the Senior Community Service
Employment Program Unified Planning Guidance; Notice
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to provide interested parties
with the revisions to portions of the ``Workforce Investment Act: Final
Unified Planning Guidance: Notice'' related to title I of the Workforce
Investment Act of 1998, the Wagner Peyser Act and the Senior Community
Service Employment Program (SCSEP) under title V of the Older Americans
Act, for use by States. The Department is anticipating the
reauthorization of the Workforce Investment Act (WIA) within the next
two years. Therefore, the Employment and Training Administration (ETA)
is requiring revisions to the Unified Plan related to WIA and Wagner-
Peyser only for the first two years of the five-year planning cycle.
For SCSEP, States have the option of submitting a two year plan as
well. ``Options for programs funded by the U.S. Department of Education
that are included in a State's Five-year Strategic Unified Plan also
are discussed in this notice.''
The Unified Planning Guidance and Instructions provide a framework
for the collaboration of Governors, Local Elected Officials, businesses
and other partners to continue the development of workforce investment
systems that address customer needs; deliver integrated, user-friendly
services; and are accountable to the customers and the public.
FOR FURTHER INFORMATION CONTACT: Ms. Gay Gilbert, Administrator, Office
of Workforce Investment, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room S4231, Washington, DC 20210. Telephone: (202) 693-
3980 (voice) (This is not a toll free number) or (202) 693-7755 (TTY).
Information may also be found at the Web site--http://www.doleta.gov/usworkforce
.
DATES: The effective date of this document is April 12, 2005. Due date
for Plan submission is May 31, 2005.
SUPPLEMENTARY INFORMATION: The Workforce Investment Act (WIA or Act),
Pub. L. 105-220 (August 7, 1998) provides the framework for a reformed
public workforce investment system designed to meet the needs of the
nation's employers, job seekers and those who want to further their
careers. This document updates the DOL provisions of the interagency
planning guidelines for the State Unified Plans under sec. 501 of the
Act, to provide guidance for states which choose to submit a Unified
Plan to meet the WIA title I State Plan requirements for PY 2005 and
2006. Options for programs funded by the U.S. Department of Education
that are included in a State's Five-year Strategic Unified Plan also
are discussed in this notice.
In the context of the 21st century innovation economy, the public
workforce investment system has a critical role to play at every
level--local, State, and Federal--to ensure a skilled and competitive
workforce. To effectively drive the economic growth of our communities
and the nation and to provide the workers of this country with the
right skills and opportunities for good jobs with good pay and career
pathways, the public investments in workforce development need to be
strategic. Strategies for investment need to embrace new methods of
engagement with strategic partners as well as new service delivery
paradigms that address the ever-changing economy and labor market.
Innovation and technology are continuously changing the nature of work
at an accelerated pace. Therefore, the strategic planning process for
workforce investment must be dynamic, fluid, and future oriented.
The Workforce Investment Act (WIA) of 1998 created dramatic changes
to the workforce system. With the overarching goal to streamline,
consolidate, and integrate a wide array of employment and training
programs, system changes spanned every facet of operation including
governance, administration and funding, and service delivery. The
vision is for an integrated workforce investment system better able to
respond to the needs of its customers. The framework of the Workforce
Investment Act embodies principles that remain critical to the
strategic planning process in today's economy.
Since the passage of WIA, the workforce investment system broadly
has made great strides in implementing the principles described above.
However, there remains significant opportunity for States and local
areas to utilize the framework of WIA to realize the vision these
principles reflect. The changes in the WIA State Planning process
reflected in this document are intended to facilitate a realization of
that vision as well as to set the stage for the planning process in the
context of the 21st century economy.
The Department of Labor sees as one of its primary roles providing
leadership and guidance to support a system that meets the objectives
of Title I of WIA, and in which State and local partners have
flexibility to design systems and deliver services in a manner designed
to achieve the goals for WIA based on their particular needs. In the
context of the 21st century innovation economy, the workforce
investment system has a critical role to play at every level--local,
State, and Federal--to ensure a skilled and competitive workforce. To
effectively drive the economic growth of our communities and the nation
and to provide the workers of this country with the right skills and
opportunities for good jobs with good pay and career pathways, the
public investments in workforce development need to be strategic.
Strategies for investment need to embrace new methods of engagement
with strategic partners as well as new service delivery paradigms that
address the ever-changing economy and labor market. Innovation and
technology are continuously changing the nature of work at an
accelerated pace. Therefore, the strategic planning process for
workforce investment must be dynamic, fluid, and future oriented.
Signed at Washington, DC, this 5th day of April, 2005.
Emily Stover DeRocco,
Assistant Secretary of Labor, Employment and Training Administration.
Table of Contents
Part I. State Planning Instructions
A. Statement of Purpose
B. Background
C. Section 501 Programs and Activities
D. Submission of State Unified Plans
E. Federal Government Review and Approval of Unified Plan
F. How to Use ``Attachment B''
G. Modifications to State Plan
H. Inquiries
Part II. National Strategic Direction
A. Vision and Goals related to WIA Title I and Wagner Peyser
B. Demand-driven Workforce Investment System
C. System Reform and Increased Focus on Training
D. Enhanced Integration through One-Stop Delivery System
E. New Vision for Serving Youth Most In Need
F. A Stronger Workforce Information System
G. Effective Utilization of Faith-based and Community Based
Organizations
H. Increased Use of Flexibility Provisions in WIA
I. Performance Accountability and Implementation of Common
Performance Measures
Part III. United Planning Instructions
A. State Vision and Priorities
B. One-Stop Delivery System
[[Page 19223]]
C. Plan Development and Implementation
D. Needs Assessment
E. State and Local Governance
F. Funding
G. Activities to Be Funded
H. Coordination and Non-Duplication
I. Special Populations and Other Groups
J. Professional Development and System Improvement
K. Performance Accountability
L. Data Collection
M. Corrective Action
N. Waiver and Work-Flex Requests
Part IV. Certifications and Assurances
Attachments
A. ETA Regional Administrators
B. Unified Plan Activities and Program Checklist
State Unified Plan Planning Guidance
A. Statement of Purpose
The purpose of this document is to provide guidance to States which
submit a State Unified Plan authorized by title V, section 501 of the
Workforce Investment Act of 1998 (WIA). The State Unified Plan Planning
Guidance facilitates the development and submission of such a plan,
which addresses two or more of the programs or activities specified at
WIA Section 501(b)(2). This planning guidance updates the requirements
for the WIA/Wagner Peyser Act and SCSEP portions of the Unified Plan.
Options for programs funded by the U.S. Department of Education that
are included in a State's Five-year Strategic Unified Plan also are
discussed in this notice. Minor reference updates have been made for
other programs authorized to be included in the Unified Plan.
Therefore, States that choose to update the WIA/Wagner Peyser and/or
SCSEP portions of a Unified Plan need only submit the updated Plan
meeting the WIA/Wagner Peyser and/or SCSEP requirements of this
document. States that choose to submit a new Unified Plan for PYs 2005-
2007 for programs other than SCSEP, title I of WIA and the Wagner
Peyser Act, will continue to use the guidance and instructions
contained in this document, which have not been revised.
An approved Workforce Investment Plan is required in order for
States to receive formula allotments under WIA title I and the Wagner
Peyser Act. The current Workforce Investment Plans expire June 30,
2005. The Department of Labor is anticipating the reauthorization of
WIA within the next two years. To meet the requirements of WIA and
Wagner Peyser that States must have approved Plans in place to receive
allotments, the Employment and Training Administration (ETA) is
requiring States to only develop a Plan for the first two years of the
five-year strategic planning cycle. This will allow States to
strategically approach their workforce investment policies for the
immediate future, without requiring a full five-year unified plan, in
light of the anticipated reauthorization of WIA. States which choose to
submit the WIA Title I/Wagner Peyser Plan as part of a Unified Plan
must comply with the requirements of these guidelines. Guidelines for
the submission of a stand-alone WIA title I Plan are being issued
separately.
Options for programs funded by the U.S. Department of Education.
With respect to the programs originally authorized by the Carl D.
Perkins Vocational and Technical Education Act of 1998 (Perkins III)
and the Adult Education and Family Literacy Act (AEFLA), the U.S.
Department of Education already has issued guidance to States that
discusses the option of extending the existing State plans with certain
necessary revisions. This option of extending the existing plan applies
as well to any subsections of a unified State plan that are related to
programs under either Perkins III or AEFLA. A State's request to extend
subsections of a unified plan must be submitted directly to the U.S.
Department of Education and is due April 15, 2005, for Perkins III
programs and April 1, 2005, for AEFLA programs. See Program Memorandum
OVAE/DHSPCE FY 2005-03, Guidance for Submission of State Plan
Revisions, Budgets, and Proposed Performance Levels for Perkins Grant
Awards (OMB Control number 1830-0556), dated January 14, 2005, at the
following Web site: http://www.ed.gov/policy/sectech/guid/cte/memo011405.doc
See also Guide for the Development of a State Plan under
the Adult Education and Family Literacy Act (OMB Control number 1830-
0026).
The U.S. Department of Education anticipates that States will
choose the option of extending their existing subsections of the
currently approved unified State plans with only the revisions
discussed in the above-referenced guidance. However, any State that
chooses to submit new subsections related to the Perkins III or AEFLA
programs in its unified State plan submitted in accordance with this
notice must fully comply with all the planning, content, and other
requirements that applied when the unified plan was originally
developed, adopted, and submitted. These requirements are summarized
together with references to the underlying statutory and regulatory
requirements in the second section of this notice. With respect to the
Perkins III programs, for example, these requirements include State
consultation of required parties and entities, public hearings, and
adoption of the new State plan by the eligible agency, i.e., the State
board that is the sole State agency responsible for the administration,
or the supervision of the administration, of the State's vocational and
technical education program. With respect to the AEFLA program, for
example, these requirements include conducting a needs assessment.
B. Background
The State Unified Plan Planning Guidance provides a framework for
the collaboration of Governors, Local Elected Officials, businesses and
other partners to design and build workforce investment systems that
address customer needs; deliver integrated, user-friendly services; and
are accountable to the customers and the public. Only provisions
related to the SCSEP, WIA title I and Wagner Peyser Act Plan have been
changed. The Unified Plan requirements for other programs remain the
same as those outlined in the January 14, 2000 version of this document
(65 Federal Register 2464).
C. Section 501 Programs and Activities
Below is a listing of the programs and activities covered in
Section 501 of WIA, along with the commonly used name. In this
document, we generally refer to the activities and programs by their
commonly used names. Should State staff need information on the
programs listed, a staff contact is provided here also.
Secondary Vocational Education programs (Perkins III/
Secondary) Note that inclusion of this program in the Unified Plan
requires prior approval of State legislature Administered by Department
of Education, Office of Vocational and Adult Education. Staff Contact:
Jennifer Brianas: 202-245-7808 (phone); 202-245-7837 (fax); (E-mail:
Jennifer.brianas@ed.gov).
Postsecondary Vocational Education programs (Perkins III/
Postsecondary) Administered by Department of Education, Office of
Vocational and Adult Education. Staff Contact: Jennifer Brianas: 202-
245-7808 (phone); 202-245-7837 (fax); (E-mail:
Jennifer.brianas@ed.gov).
Tech-Prep Education (Title II of Perkins III) Administered
by Department of Education, Office of Vocational and Adult Education.
Staff Contact: Jennifer Brianas: 202-245-7808 (phone); 202-245-7837
(fax); (E-mail: Jennifer.brianas@ed.gov).
Activities authorized under title I, Workforce Investment
Systems (Workforce Investment Activities for
[[Page 19224]]
Adults, Dislocated Workers and Youth, or WIA title I) Administered by
Department of Labor, Employment and Training Administration. Staff
Contact: Christine D. Kulick: 202-693-3045 (phone); 202-693-3015 (fax);
(E-mail: kulick.christine@dol.gov).
Activities authorized under title II of WIA, Adult
Education and Family Literacy (Adult Education and Family Literacy
Programs) Administered by Department of Education, Office of Vocational
and Adult Education. Staff Contact: Jennifer Brianas: 202-245-7808
(phone); 202-245-7837 (fax); (E-mail: Jennifer.brianas@ed.gov).
Food Stamp Employment and Training Program, or FSET
Administered by USDA, Food and Nutrition Service. Staff Contact:
Micheal Atwell: 703-305-2449 (phone); 703-305-2486 (fax); (E-mail:
micheal.atwell@fns.usda.gov).
Activities authorized under chapter 2 of title II of the
Trade Act of 1974 (Trade Act Programs) Administered by Department of
Labor, Employment and Training Administration. Staff Contact: Terry
Clark: 202-693-3707 (phone); 202-693-3585 (fax); (E-mail:
clark.terry@dol.gov).
Programs authorized under the Wagner-Peyser Act
(Employment Service) Administered by Department of Labor, Employment
and Training Administration. Staff Contact: Stephanie Cabell: 202-693-
2784 (phone); 202-693-3015 (fax); (E-mail: cabell.stephanie@dol.gov).
Programs authorized under part B of title I of the
Rehabilitation Act of 1973, other than section 112 of such Act
(Vocational Rehabilitation) Administered by Department of Education,
Rehabilitation Services Administration. Staff Contact: Jerry Abbott:
202-245-7251 (phone); 202-245-7590 (fax); (E-mail: jerry.abbott@ed.gov)
Programs authorized under chapters 41 and 42 of title 38,
U.S.C., and 20 CFR 1001 and 1005 (Veterans Programs, including Veterans
Employment, Disabled Veterans' Outreach Program, and Local Veterans'
Employment Representative Program) Administered by Department of Labor,
Veterans' Employment and Training Service. Staff Contact: Pamela
Langley: 202-693-4708 (phone); 202-693-4755 (fax); (E-mail:
langley.pamela@dol.gov).
Programs authorized under State unemployment compensation
laws (Unemployment Insurance) Administered by Department of Labor,
Employment and Training Administration. Staff Contacts: William Coyne;
202-693-3202 (phone); 202-693-3975 (fax); (E-mail:
coyne.william@dol.gov); or Delores Mackall: 202-693-3183 (phone); 202-
693-3975; (E-mail: mackall.delores@dol.gov).
Programs authorized under part A of title IV of the Social
Security Act (Temporary Assistance for Needy Families (TANF)
administered by Health and Human Services, Administration for Children
and Families. Staff Contact: Robert M. Shelbourne: 202-401-5150
(phone); 202-205-5887 (fax); (E-mail: RShelbourne@acf.hhs.gov).
Programs authorized under title V of the Older Americans
Act of 1965 (Senior Community Service Employment Program, or SCSEP)
Administered by Department of Labor, Employment and Training
Administration. Staff Contact: Ria-Moore Benedict: 202-693-3198
(phone); 202-693-3817 (fax); (E-mail: benedict.ria@dol.gov).
Training activities funded by the Department of Housing
and Urban Development under the Community Development Block Grants
(CDBG) and Public Housing Programs). Staff Contact: Christopher Lord:
202-708-1506; Fax: 202-708-2706 (E-mail:
Christopher_D._Lord@hud.gov).
Programs authorized under the Community Services Block
Grant Act (Community Services Block Grant, or CSBG) Administered by
Health and Human Services, Administration for Children and Families.
Staff Contact: Brandy RayNor: 202-205-5926 (phone); 202-402-5718 (fax);
(E-mail: BRayNor@acf.hhs.gov).
While the statute specifies that States may submit a Unified Plan
that includes ``training activities'' carried out by HUD, for a number
of reasons, the Federal Partners agree that the unique nature of HUD's
training activities warrants special treatment in a Unified Plan.
Accordingly, the final Unified Plan guidance provides for informal
inclusion of HUD's programs. Since HUD programs are generally funded
and implemented through local communities, and HUD's relevant State
formula grant programs are not specifically employment and training
programs, States that follow the final Unified Planning guidance will
not automatically receive funding for HUD's formula programs through
their Unified Plans. However, to encourage States to think
strategically about developing a comprehensive workforce investment
system--including how that system relates to the housing and workforce
investment needs of the population receiving housing assistance--the
final guidance includes references to HUD customers and services, as
well as local housing agencies, in the overarching questions pertaining
to the Unified Plan's vision and goals, One-Stop service delivery, and
needs assessment.
D. Submission of State Unified Plans
1. Submission--Time Requirements for Submission and Points of Contact
States have the option of submitting a Unified Plan to meet the
requirements for submission of a state Workforce Investment Plan for
Program Year 2005 and 2006. Due to the uncertainty relating to possible
reauthorization of WIA, the Federal Government is only requiring the
submission of the first two program years of the WIA/Wagner Peyser
portion of the five-year Unified Plan. The due date for submission of a
Unified Plan covering the first two-year period (July 1, 2005 through
June 30, 2007) is Tuesday, May 31, 2005.
A State's request to extend subsections of a unified plan related
to programs under either Perkins III or AEFLA must be submitted
directly to the U.S. Department of Education and is due April 15, 2005,
for Perkins III programs and April 1, 2005, for AEFLA programs. See
Program Memorandum OVAE/DHSPCE FY 2005-03, Guidance for Submission of
State Plan Revisions, Budgets, and Proposed Performance Levels for
Perkins Grant Awards (OMB Control number 1830-0556), dated January 14,
2005, at the following Web site: http://www.ed.gov/policy/sectech/guid/cte/memo011405.doc.
See also Guide for the Development of a State Plan
under the Adult Education and Family Literacy Act (OMB Control number
1830-0026).
To reduce the reporting and processing burden, States have the
option of submitting their WIA/Wagner-Peyser or SCESP Unified Plan to
either WIA.PLAN@DOL.GOV or to the designated Federal Coordinator for
Plan Review and Approval (hereafter, ``Federal Coordinator''),
depending upon the submission option chosen by the State (as discussed
below). The Federal Coordinator is Christine Kulick, e-mail:
kulick.christine@dol.gov; phone: 202-693-3045. Her postal address is:
Division of One-Stop Operations, Employment and Training
Administration, U.S. Department of Labor, 200 Constitution Ave., NW.,
Room S-4231, Washington, DC 20210, ATTN: Ms. Christine Kulick.
States are encouraged to send a single copy to WIA.PLAN@DOL.GOV
(which is managed by the Federal Coordinator) or directly to the
Federal Coordinator who will be responsible for distributing the Plan
to each Federal agency whose programs are included in the Unified
[[Page 19225]]
Plan. The Federal Coordinator will also provide a copy of the Plan to
the appropriate Department of Labor (DOL) Regional Office.
States have the option, however, of submitting their Unified Plans
directly to each Federal Department whose programs are included in the
Unified Plan, except for Perkins III and AEFLA simple extensions, which
must be submitted to the U.S. Department of Education as stated above.
States choosing this option are only required to send the Plan to the
designated Federal Departmental State Unified Plan Contact (hereafter,
``Departmental Contact''). The Departmental Contact will be responsible
for ensuring that affected agencies and appropriate Regional Offices in
that Department receive copies of the Unified Plan. For example, if a
Unified Plan contains plans for both the Vocational Rehabilitation and
the Postsecondary Vocational Education programs, both of which are
administered by different agencies within the United States Department
of Education, the State need only submit the Plan to the U.S.
Department of Education once, and it should be sent to the Departmental
Contact. Electronic mail addresses for the Departmental Contacts are as
follows:
Department of Labor: kulick.christine@dol.gov
Department of Education: jerry.abbott@ed.gov
Department of Health and Human Services: Rshelbourne@acf.hhs.gov
Department of Agriculture: micheal.atwell@fns.usda.gov
Department of Housing and Urban Development:
Christopher_D._Lord@hud.gov
2. Submission Options--Electronic, CD-ROM or Hard Copy Format
States have the option to submit Unified Plans in an electronic,
hard copy, or CD-ROM format. The Federal Government is encouraging
States to submit Unified Plans in electronic format to reduce the
reporting and process burden and to ensure timely receipt by each
Federal agency whose programs are included in the Unified Plan.
Electronic submission. States can submit a Unified Plan
electronically either by posting it on an Internet Web site that is
accessible to the Department or by transmitting it through electronic
mail to the Department.
Posting Unified Plans on an Internet Web site. Under this option, a
State need only post its Plan on an Internet Web site; inform the
Federal Coordinator through electronic mail of the URL and the location
of the document on the Web site; provide contact information in the
event of problems with accessing the Web site; and certify that no
changes will be made to the version of the Plan posted on the Web site
after it has been submitted to the Department, unless the Federal
Coordinator or Federal agency overseeing the portion to be changed
grants prior approval. The Federal Coordinator will ensure that Federal
agencies whose programs are included in the Unified Plan, and the
appropriate DOL Regional Office, receive the relevant information: the
URL and the location of the document on the Web site; the contact
information; and a copy of the statement certifying that there will be
no changes.
Transmitting Unified Plans by electronic mail. Any State submitting
its Plan by electronic mail should send it to WIA.PLAN@DOL.GOV. The
Federal Coordinator, who manages this site, will ensure that Federal
agencies whose programs are included in the Unified Plan receive a
copy. The Federal Coordinator will also provide a copy to the
appropriate DOL Regional Office.
Other considerations when using electronic submission. Unified Plan
certifications with electronic signatures are acceptable. If a State
chooses not to use an electronic signature, then the signature page
must be submitted in hard copy. If a State chooses to submit its
Unified Plan by transmitting it through electronic mail, the State must
submit it in Microsoft Word or PDF format.
Hard copy or CD-ROM submission. States choosing to submit a hard
copy should submit one copy of the Plan (with an original signature) to
Christine Kulick, the Federal Coordinator for Plan Review and Approval
(the address is provided above). The Federal Coordinator will ensure
that Federal agencies whose programs are included in the Unified Plan,
and the appropriate DOL Regional Office, receive copies of the Plan.
States submitting a Unified Plan on CD-ROM should submit one copy
of the Plan to Christine Kulick, the Federal Coordinator for Plan
Review and Approval. The Federal Coordinator will ensure that Federal
agencies whose programs are included in the Unified Plan, and the
appropriate DOL Regional Office, receive copies of the Plan. If the
Plan on the CD-ROM does not include the signature of the Governor on
the signature page, the State must submit separately an electronic
signature or a signature page in hard copy. Plans submitted on a CD-ROM
must be in Microsoft Word or PDF format.
It is important that States recognize that mail security
requirements implemented by the U.S. Postal Service can result in
delays in delivery of Plans whereas Federal Express and United Parcel
Service deliveries have not been impacted.
States are encouraged to include a table of contents at the
beginning of its State Unified Plan. This will facilitate access by the
public to its component parts and aid the Federal Government in its
review of the Unified Plan. States submitting a hard copy of their Plan
are encouraged to provide an unbound copy to facilitate duplication.
The Federal Coordinator, without regard to which option the State
uses for submission, will confirm receipt of the State Unified Plan
within two workdays of receipt and indicate the date for the start of
the review period. When a State submits an incomplete Plan, the period
for review will not start until all required components of the Unified
Plan have been received.
E. Federal Government Review and Approval of Unified Plan
Section 501(d)(2) of WIA States that a portion of a State Unified
Plan covering an activity or program is to be considered to be approved
by the appropriate Secretary at the end of the 90-day period beginning
on the day the appropriate Secretary receives the portion unless the
appropriate Secretary makes a written determination, during the 90-day
period, that the portion is not consistent with the requirements of the
Federal statute authorizing the activity or program or section
501(c)(3) of WIA. However, for Unified Plans that are submitted by May
31, 2005, for the two-year planning period, July 1, 2005 through June
30, 2007, the Department of Labor is committed to completing its review
of those portions of the Unified Plan related to WIA/W-P and SCSEP
within 30 days, to allow States additional time to prepare the Plan.
The appropriate Secretary, or his/her representative, will advise
the State by letter, as soon as possible, that the portion of the
Unified Plan over which his/her agency exercises administrative
authority is approved or disapproved. If the plan is not approved, the
appropriate Secretary, or his/her representative, will advise the State
by letter that the portion of the Unified Plan over which his/her
agency exercises administrative authority is not consistent with the
requirements of the Federal statute authorizing the activity or
program, or with section 501(c)(3) of WIA Unified Plan, and clearly
indicate the reasons for disapproval and specify what additional
information is required
[[Page 19226]]
or what action needs to be taken for the Unified Plan to be approved.
F. How To Use ``Attachment B''
1. Forms for State Use
In Attachment B you will find three forms for use in submitting
your State Unified Plan. These forms are available for electronic
download, along with this entire guidance, at http://www.doleta.gov/usworkforce
.
a. Unified Plan Activities and Programs Checklist: Please provide a
list of the section 501 programs and activities you have included in
your Plan. Use of this specific format is optional.
b. Contact Information: Please provide the contact information
requested for each of the Section 501 programs and activities that you
have included in your Plan. Programs and activities may be combined on
one form if they have the same contact information. Use of this
specific format is optional.
c. Plan Signature(s): Please provide the required signatures as
appropriate for the programs and activities you have included in your
State Unified Plan. Use of this specific format is optional, but the
wording on your signature page must be identical to that provided here.
2. Program Descriptions
Please respond fully to the general questions in the program
descriptions section, as well as the additional questions that relate
to the programs and activities that are included in your State's
Unified Plan.
3. Certifications and Assurances
By signing the signature page(s), you are assuring or certifying
those items in the Certifications and Assurances section that apply to
the programs and activities you have included in your State's Unified
Plan.
G. Modifications
Modifications may be needed in any number of areas to keep the
Unified Plan a viable, living document over its two-year life. WIA
regulations permit states to modify their state workforce investment
plan at any time. In general, it is substantial changes to the Unified
Plan that require a modification, i.e., any change that significantly
impacts the operation of the state's workforce investment system.
Plan modifications must be submitted to the Federal Coordinator,
who will ensure that Federal agencies whose programs are included in
the Unified Plan receive a copy, or to appropriate Federal agency, in
accordance with the procedures of the affected agency. Prior to
submission of the modification for review and approval by the Federal
Government, the designated State agency must circulate the
modifications among the other state and/or local agencies that may be
affected by the changes. Inclusion of a program in the state Unified
Plan does not remove the statutory requirement for certain programs to
annually review the plan and submit modifications as needed or to
revise a plan to reflect newly negotiated performance levels.
Modifications to the Unified Plan are subject to the same public
review and comment requirements that apply to the development of the
original plan. States should direct any questions about the need to
submit a plan modification to the Federal Coordinator, the Departmental
Contacts listed above, or to the Regional Administrator or Regional
Commissioner who exercises administrative authority over the activity
or program(s) impacted by the modification.
H. Inquiries
General inquiries about the State Unified Plan process may be
directed to the Federal Coordinator for Plan Review and Approval. The
electronic mail address for the Federal Coordinator (Christine Kulick)
is kulick.christine@dol.gov. The Federal Coordinator may be contacted
by phone at 202-693-3045. Inquiries related to specific activities and
programs can be directed to the staff contacts listed above.
II. National Strategic Direction
A. Vision and Goals Related to WIA Title I and Wagner Peyser
1. The purpose of this portion of this WIA and Wagner Peyser
Unified Planning Guidance is to communicate national direction and
strategic priorities for the workforce investment system. Broadly, the
Federal goals for the workforce investment system for this planning
cycle include:
a. Realizing the reforms envisioned by the Workforce Investment Act
including:
i. Integrated, seamless service delivery through comprehensive One-
Stop Career Centers;
ii. A demand-driven workforce system governed by business-led
Workforce Investment Boards;
iii. Maximum flexibility in tailoring service delivery and making
strategic investment in workforce development activities to meet the
needs of State and local economies and labor markets;
iv. Customers making informed choices based on quality workforce
information and accessing quality training providers;
v. Increased fiscal and performance accountability; and
vi. A youth program targeting out-of-school populations with
increased accountability for employment and/or increased secondary and
post-secondary education outcomes.
b. Incorporating new statutory and regulatory program requirements
that have evolved since the passage of WIA, such as priority of service
for veterans as prescribed by the Jobs for Veterans Act (Pub. L. 107-
288), (38 U.S.C. 4215).
c. Providing the national strategic priorities and direction in the
following areas:
i. Implementation of a demand-driven workforce system;
ii. System reform to eliminate duplicative administrative costs and
to enable increased training investments;
iii. Enhanced integration of service delivery through One-Stop
delivery systems nationwide;
iv. A refocusing of the WIA youth investments on out-of-school
youth populations, collaborative service delivery across Federal
programs, and increased accountability;
v. Improved development and delivery of workforce information to
support Workforce Investment Boards in their strategic planning and
investments; providing tools and products that support business growth
and economic development; and providing quality career guidance
directly to students and job seekers and their counselors through One-
Stop Career Centers;
vi. Faith-based and community-based organizations playing an
enhanced role in workforce development;
vii. Enhanced use of waivers and workflex provisions in WIA to
provide greater flexibility to States and local areas in structuring
their workforce investment systems; and
viii. Reporting against common performance measures across Federal
employment and training programs.
B. Demand-Driven Workforce Investment System
1. The realities of today's global economy make it imperative that
the public workforce investment system be demand-driven, providing
services that prepare workers to take advantage of new and increasing
job opportunities in high growth/high demand and economically vital
industries and sectors of the American economy. The foundation of this
effort is partnerships that include the workforce system, business and
industry, and education and training providers, that develop and
[[Page 19227]]
implement a strategic vision for economic development. Becoming demand-
driven represents a major transformation of this system, which, for 40
years, has been primarily framed around individuals needs for service
rather than focusing on both the needs of job seekers and the business
community.
2. To be successful, the workforce investment system must begin
today to prepare the workforce of tomorrow. Each year, the United
States invests approximately $15 billion into the workforce system. To
ensure that this large investment is used effectively, it is imperative
that all of the components of the workforce system at the national,
State, and local levels become demand-driven and contribute to the
economic well-being of communities and the nation by developing a
qualified and competitive workforce. Current job opportunities must be
known as well as where the good jobs will be in the future by (1)
identifying the workforce needs in high-growth, high-demand and
economically critical industries and the necessary preparation required
to succeed in those occupations and (2) understanding the workforce
challenges that must be addressed to ensure a prepared and competitive
workforce. This requires all of the key players in the State and local
system, including Governors and Local Elected Officials, State and
Local Workforce Investment Boards (WIBs), State Workforce Agencies, and
One-Stop Career Centers to:
a. Have a firm grasp of their State and local economies;
b. Strategically invest and leverage their resources;
c. Build partnerships between industry leaders and educational
institutions that develop solutions to workforce challenges; and
d. Allocate training dollars to provide the skills and competencies
necessary to support industry now and in the future.
3. The workforce investment system is a catalyst that links
employers, economic development organizations, public agencies, and the
education community to build and deliver innovative answers to
workforce challenges.
4. Development of a demand driven strategic plan requires utilizing
economic information and analysis to drive strategic investments,
identifying strategic partners, and designing effective service
delivery systems. Some of the important elements of a demand-driven
strategic plan include the following:
a. Economic analysis is a fundamental starting point for a demand-
driven approach to workforce investment. A wide array of workforce
information and data, including economic indicators, labor market
information, census data, educational data, transactional data,
projections and data from the private sector, and one-on-one interviews
with businesses needs to be collected and analyzed.
b. Workforce strategies that target industries that are high
growth, high demand and critical to the State and/or local economy are
most likely to support economic growth and provide individuals with the
opportunities to get good jobs with good pay and career pathways.
c. Strategic partnerships among the workforce investment system,
targeted businesses and industries, economic development agencies, and
education and training providers (including K-12) provide a strong
foundation for identifying workforce challenges and developing and
implementing innovative workforce solutions focused on a workforce with
the right skills. The workforce system must be the catalyst for
bringing these target partnerships together.
d. A solutions-based approach that brings the right strategic
partners and resources to the table promotes a comprehensive analysis
of workforce challenges and also provides the synergy for successful,
innovative workforce solutions and the opportunity to effectively
leverage workforce investment resources.
e. A demand-driven workforce investment system ensures that the
full array of assets available through the One-Stop delivery system is
available to support individual workers as well as to provide solutions
to workforce issues identified by business and industry.
f. Translating the demand for workers with the skills businesses
need into demand-driven career guidance must be one of the human
resource solutions provided broadly by the workforce investment system.
5. The WIA and Wagner Peyser related Unified Planning guidance
includes new language in support of these principles which offers
States an opportunity, in the context of the State Planning process, to
formally articulate demand-driven goals and strategies tailored to the
unique needs of the State.
C. System Reform and Increased Focus on Training
1. Workforce training is one of the major areas in which the
President is focusing reform efforts. In April 2004, he challenged the
workforce investment system at the State and local levels to eliminate
unnecessary overhead costs and simplify administration in order to
preserve more resources for training. The system currently spends
approximately 30% of appropriated funds each year on infrastructure and
``other'' costs as currently reported by States as part of their
routine reporting under WIA. Some of these funds are wisely spent, but
clearly more can be made available for training. The President has
called for the system to double the number of individuals trained under
major WIA grant programs. Through WIA reauthorization, additional
reforms in support of these goals are anticipated.
2. The WIA State Plan provides States with a platform to promote
greater efficiencies in the workforce system by articulating
administrative policies for State and local governance processes. The
State has multiple vehicles to increase consolidation and integration
of the infrastructure through policies, required practices, provision
of technical assistance and monitoring. The State also can articulate
its goals for expenditures of resources for training in industries and
occupations critical to the State's economy.
D. Enhanced Integration Through One-Stop Delivery System
1. One of the primary expectations of the workforce system under
the WIA statutory framework is a seamless, integrated One-Stop delivery
system. The expectation for an integrated service delivery system
remains firmly embedded as a key principle of a demand-driven workforce
system.
2. The goal of integration is to ensure that the full spectrum of
community assets is used in the service delivery system, and to support
human capital solutions for businesses, industry and individual
customers. Different programs fund different types of services and
serve different populations. These unique program features in the
system provide both breadth and depth to the human capital solutions
offered to businesses and industry. However, the assets go beyond
program funding, and without integration of those assets, the system
limits its impact and success.
3. The workforce system has had a vision of integration for over a
decade, supported with the Federal investment in One-Stop Centers in
the mid-1990s and later realized in statute with the passage of WIA.
Despite many efforts, the vision of seamless, integrated service
delivery remains unrealized in many areas. It is still all too common
to visit local areas across the nation and find a One-Stop office
within blocks of a separate ``job service'' or ``affiliate'' office or
a comprehensive One-Stop
[[Page 19228]]
Center where programs are co-located, but with little integration. In
addition, there is often a lack of consistency in policy and service
delivery across workforce investment areas within a State, which causes
customer confusion and frustration. While there are real challenges to
achieving the vision of integration, it is a vision that can be
realized. Due to strong leadership, creativity, and hard work at the
State and local levels, a number of One-Stop Centers have overcome turf
issues and administrative challenges to offer integrated service
delivery.
4. Strong State leadership has been identified as one of the key
success factors in achieving integration in One-Stop Centers. The WIA
State Planning process offers a unique opportunity for the Governor and
the State Workforce Investment Board to clearly articulate the State's
goals for integration and to help remove any barriers. The Employment
and Training Administration (ETA) is committed to working with States
to support integration efforts.
E. New Vision for Serving Youth Most In Need
1. The Administration is committed to trying bold, innovative and
flexible initiatives to prepare the most at-risk and neediest youth for
jobs in our changing economy. ETA, in collaboration with the
Departments of Education, Health and Human Services, and Justice, has
developed a new strategic vision to more effectively and efficiently
serve out-of-school and those at risk of dropping out-of-school
(Training and Employment Guidance Notice No. 3-04). Regional Youth
Forums were conducted in the fall of 2004 that brought together State
youth leaders to develop similar partnerships at the State level, and
to begin to develop a common vision and action plan for implementing
cross-agency State approaches for serving the neediest youth.
2. Out-of-school youth (and those most at risk of dropping out) are
an important part of the new workforce supply pipeline needed by
businesses to fill job vacancies in a knowledge-based economy. WIA-
funded youth programs should connect these youth with quality secondary
and post-secondary educational opportunities and high-growth and other
employment opportunities.
3. ETA's new vision for serving youth will present challenges for
how State and local WIA programs interact and link with State and local
education and economic development systems. To achieve this vision,
States should consider this new strategic approach and associated goals
across four major areas:
a. Alternative Education--Goal: Provide leadership to ensure that
youth served in alternative education programs will receive a high
quality education that adheres to the State standards developed in
response to the No Child Left Behind (NCLB) legislation.
b. Demand of Business--Goal: The investment of WIA youth resources
will be demand-driven, assuring that youth obtain the skills needed by
businesses so that they can succeed in the 21st century economy.
c. Neediest Youth--Goal: Investments will be prioritized to serve
youth most in need including out-of-school youth (and those at risk of
dropping out of school), youth in foster care, those aging out of
foster care, youth offenders, children of incarcerated parents,
homeless youth, and migrant and seasonal farmworker youth.
d. Improved Performance--Goal: Key initiatives will be implemented
to assure that programs are performance-based and focused on outcomes.
4. ETA has developed strategic partnerships at the Federal level
with the Department of Education's Office of Vocational and Adult
Education, the Department of Health and Human Services' Administration
for Children and Families, and the Department of Justice's Office of
Juvenile Justice and Delinquency Prevention. Through the State Planning
process, Governors have the opportunity to promote strategic
partnerships across State agencies serving youth to enhance service
delivery and more effectively leverage available resources. ETA
encourages Governors to play a key leadership role in enhancing intra-
State coordination among these agencies and to develop cross-agency
approaches for serving youth. The WIA State Planning process is a
vehicle for driving a Statewide youth vision that ensures that
previously marginalized youth become an important pipeline of workers.
F. A Stronger Workforce Information System
1. As discussed previously, a strong foundation of economic data
and workforce information, along with the ability to analyze the data
and transform it into easily understood intelligence, is one of the
keys to effective strategic planning for a demand-driven workforce
investment system. To achieve that vision, the workforce system needs
to move beyond traditional labor market information strategies and
develop a workforce information system that helps drive both economic
development and workforce investment for the State. In their lead role,
States need to embrace a wide array of data sources, new strategies for
making it available to customers, and consider alternative ways to
invest and leverage public and private resources to build the State's
workforce information system.
Workforce information is critical not only for driving the
investments of the workforce system, but it is also a fundamental
decision tool for the nation's businesses, students, workers, parents,
guidance counselors, and education institutions. The development of
workforce information is the responsibility broadly of Governors, State
workforce agencies, State agencies designated under WIA as responsible
for labor market information, State economic development agencies, and
Local Workforce Investment Boards.
G. Effective Utilization of Faith-Based and Community-Based
Organizations
1. President Bush signed Executive Order 13198 on January 29, 2001,
with the goal of removing statutory, regulatory, and procedural
barriers that prevent faith-based and community organizations (FBCOs)
from participating in the provision of social services. The Department
of Labor Center for Faith-based and Community Initiatives, created
under the Executive Order has worked closely with ETA to help increase
the opportunities for FBCOs to partner with the workforce investment
system. As legal and regulatory barriers have been removed, the
Department of Labor has been increasingly focusing on ways to integrate
FBCOs into the WIA system at the local level including:
a. Expanding the access of faith-based and community organizations'
clients and customers to the training, job and career services offered
by the local One-Stop Centers;
b. Increasing the number of faith-based and community organizations
serving as committed and active partners in the One-Stop delivery
system.
2. By integrating the workforce system with the resources available
through these organizations, the capacity of the workforce investment
system to serve those most in need is significantly expanded.
Continuing to promote integration of FBCOs remains a focal point for
the President and the Department of Labor. States are encouraged to
incorporate strategies that include FBCOs into their State Plans.
[[Page 19229]]
H. Increased Use of Flexibility Provisions in WIA
For the workforce system to be successful in promoting business
prosperity and employment opportunities for workers, States must have
the flexibility to design innovative programs based on local need and
labor markets. WIA as it exists today provides significant
opportunities to States to obtain waivers of statutory and regulatory
requirements that may impede achieving the State's workforce goals.
Therefore, one of the key focal points as States move into a new
planning cycle is to encourage States to utilize the full range of
flexibility offered under WIA's waiver and workflex provisions. The
workflex option has not been utilized by States and may offer the
greatest range of opportunity for States. ETA is committed to sharing
the waiver strategies States have utilized to date and providing
technical assistance to States considering requesting waivers. The
State Unified Plan provides a vehicle for the State to identify waiver
opportunities and to formally request waivers in concert with overall
strategic planning. Waivers may be requested at other times as well.
I. Performance Accountability and Implementation of Common Performance
Measures
1. Improved performance accountability for customer-focused results
is a central feature of WIA and remains a strategic priority for the
President and the Department of Labor. In an effective accountability
system, a clear link should exist between the State's program design
and the results achieved. The performance information should be
available to and easily understood by all customers, stakeholders, and
operators of the workforce investment system.
2. To enhance the management of the workforce system and the
usability of performance information, the Department, in collaboration
with other Federal agencies, has developed a set of common performance
measures for Federally-funded training and employment programs. The
value of common measures is the ability to describe in a similar manner
the core purposes of the workforce system--did people find jobs; did
people stay employed; and did earnings increase? Standardizing the
definitions of the outcomes across programs simplifies reporting.
Coupled with valid and accurate information, use of common measures
provides a greater ability to compare and manage results.
3. It is ETA's intent to begin data collection in support of common
measures effective July 1, 2005, for Program Year 2005. This was
recently announced in Training and Employment Guidance Letter 18-04,
``Announcing the soon-to-be-published Proposed Revisions to Existing
Performance Reporting Requirements for the Implementation of Common
Measures for title I of the Workforce Investment Act (WIA), the Wagner-
Peyser Act (Employment Service (ES)/Labor Exchange), the Trade
Adjustment Assistance Reform Act (TAA), and title 38, chapter 41 Job
Counseling, Training, and Placement Service (Veterans' Employment and
Training Service (VETS)).'' Prior to the effective date, ETA will
publish proposed revisions to reporting and recordkeeping requirements
in support of common measures in a separate Federal Register Notice.
4. The common measures are an integral part of ETA's performance
accountability system. ETA will continue to collect from states and
grantees other data on program activities, participants, and outcomes
necessary for program management, including data that support the
existing WIA performance measures, and to convey full and accurate
information on the performance of workforce programs to policymakers
and stakeholders.
III. Unified Planning Instructions
Note: The statutes cited in parentheses refer to the authorizing
legislation for each respective program. This unified planning
guidance only relates to planning requirements; it does not affect
the statutory and regulatory requirements relating to other aspects
of programs included in the plan. References to the Welfare-to-Work
program have been deleted due to the expiration of that program.
A. Vision and Priorities
WIA/Wagner Peyser Plan requirements:
1. Describe the Governor's vision for a Statewide workforce
investment system. Provide a summary articulating the Governor's vision
for utilizing the resources of the workforce system in support of the
State's economic development that address the issues and questions
below. States are encouraged to attach more detailed documents to
expand upon any aspect of the summary response if available. (WIA Sec.
112(a) and (b)(4)(A-C).)
2. What are the State's economic development goals for attracting,
retaining and growing business and industry within the State? (Sec.
112(a) and (b)(4)(A-C).)
3. Given that a skilled workforce is a key to the economic success
of every business, what is the Governor's vision for maximizing and
leveraging the broad array of Federal and State resources available for
workforce investment flowing through the State's cabinet agencies and/
or education agencies in order to ensure a skilled workforce for the
State's business and industry? (Sec. 112(a) and (b)(4)(A-C).)
4. Given the continuously changing skill needs that business and
industry have as a result of innovation and new technology, what is the
Governor's vision for ensuring a continuum of education and training
opportunities that support a skilled workforce? (Sec. 112(a) and
(b)(4)(A-C).)
5. What is the Governor's vision for bringing together the key
players in workforce development including business and industry,
economic development, education, and the workforce system to
continuously identify the workforce challenges facing the State and to
develop innovative strategies and solutions that effectively leverage
resources to address those challenges? (Sec. 112(b)(10).)
6. What is the Governor's vision for ensuring that every youth has
the opportunity to develop and achieve career goals through education
and workforce training, including the youth most in need, such as out
of school youth, homeless youth, youth in foster care, youth aging out
of foster care, youth offenders, children of incarcerated parents,
migrant and seasonal farmworker youth, and other youth at risk? (Sec.
112(a).)
7. Given the labor shortage that will continue to increase over the
next 25 years, describe the Governor's vision for how it will ensure
that older individuals receive workforce training that will prepare
them to reenter the labor market and become a workforce solution for
employers. (Sec. 112 (b)(17)(A)(iv).)
B. One-Stop Delivery System
1. Describe the State's comprehensive vision of an integrated
service delivery system, including the role each program incorporated
in the Unified Plan in the delivery of services through that system.
In answering this question, if your Unified Plan includes:
(a) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i.) Identify how the State will use WIA Title I funds to leverage
other Federal, State, local, and private resources in order to maximize
the effectiveness of such resources and to expand the participation of
business, employees, and individuals in the
[[Page 19230]]
Statewide workforce investment system? (Sec. 112(b)(10).)
(ii.) What strategies are in place to address the national
strategic direction discussed in Part I of this guidance, the
Governor's priorities, and the workforce development issues identified
through the analysis of the State's economy and labor market? (Sec.
112(a) and 112(b)(4)(D).)
(iii.) Based on the State's economic and labor market analysis,
what strategies has the State implemented or plans to implement to
identify and target industries and occupations within the State that
are high growth, high demand, and vital to the State's economy? (Sec.
112(a) and 112(b)(4)(A).) The State may want to consider:
Industries projected to add a substantial number of new
jobs to the economy; or
Industries that have a significant impact on the overall
economy; or
Industries that impact the growth of other industries; or
Industries that are being transformed by technology and
innovation that require new skill sets for workers; or
Industries that are new and emerging and are expected to
grow.
(iv.) What strategies are in place to promote and develop ongoing
and sustained strategic partnerships that include business and
industry, economic development, the workforce system, and education
partners (K-12, community colleges, and others) for the purpose of
continuously identifying workforce challenges and developing solutions
to targeted industries' workforce challenges? (Sec. 112(b)(8).)
(v.) What State strategies are in place to ensure that sufficient
system resources are being spent to support training of individuals in
high growth/high demand industries? (Sec. 112(b)(4)(A) and
112(b)(17)(A)(i).)
(vi.) What workforce strategies does the State have to support the
creation, sustainability, and growth of small businesses and support
for the workforce needs of small businesses as part of the State's
economic strategy? (Sec. 112(b)(4)(A) and 112(b)(17)(A)(i).)
(vii.) How are the funds reserved for Statewide activities used to
incent the entities that make up the State's workforce system at the
State and local levels to achieve the Governor's vision and address the
national strategic direction identified in part I of this guidance?
(Sec. 112(a).)
(viii.) Describe the State's strategies to promote collaboration
between the workforce system, education, human services, juvenile
justice, and others to better serve youth that are most in need and
have significant barriers to employment, and to successfully connect
them to education and training opportunities that lead to successful
employment. (Sec. 112(b)(18)(A).)
(ix.) Describe the State's strategies to identify State laws,
regulations, policies that impede successful achievement of workforce
development goals and strategies to change or modify them. (Sec.
112(b)(2).)
(x.) Describe how the State will take advantage of the flexibility
provisions in WIA for waivers and the option to obtain approval as a
workflex State pursuant to Sec. 189(i) and Sec. 192.
2. Describe the actions the State has taken to ensure an integrated
One-Stop service delivery system Statewide. (Sec. Sec. 112(b)(14) and
121).)
a. What State policies and procedures are in place to ensure the
quality of service delivery through One-Stop Centers such as
development of minimum guidelines for operating comprehensive One-Stop
Centers, competencies for One-Stop Career Center staff or development
of a certification process for One-Stop Centers? (Sec. 112(b)(14).)
b. What policies or guidance has the State issued to support
maximum integration of service delivery through the One-Stop delivery
system for both business customers and individual customers? (Sec.
112(b)(14).)
c. What actions has the State taken to promote identifying One-Stop
infrastructure costs and developing models or strategies for local use
that support integration? (Sec. 112(b)(14).)
d. How does the State use the funds reserved for Statewide
activities pursuant to (Sec. 129(b)(2)(B) and 134(a)(2)(B)(v) to
assist in the establishment and operation of One-Stop delivery systems?
(Sec. 112(b)(14).)
e. How does the State ensure the full spectrum of assets in the
One-Stop delivery system support human capital solutions for businesses
and individual customers broadly? (Sec. 112(b)(14).)
C. Plan Development and Implementation
1. Describe the methods used for joint planning and coordination of
the programs and activities included in the Unified Plan. (WIA Sec.
501(c)(3)(A).)
State Consultation with Local Areas in Development of Plan: The
authorizing statutes for many of the programs that may be included in a
Unified Plan require that the State Plan be developed in consultation
with various public and private entities, as well as members of the
general public. Some statutes also require formal public hearings.
Depending upon the programs that a State chooses to include in its
Unified Plan, it may be possible for the State to satisfy many of these
consultation requirements through a single set of processes. For
example, both WIA Title I and Perkins III require that the business
community be involved in the development of the State Plans for these
programs. The State may satisfy both of these requirements by involving
the business community in the development of a Unified Plan that
includes the two programs. Separate consultations are not necessary.
2. Describe the process used by the State to provide an opportunity
for public comment and participation for each of the programs covered
in the Unified Plan.
In addition, if your Unified Plan includes:
(a) Perkins III, the eligible agency must hold public hearings and
include a summary of the recommendations made by all segments of the
public and interested organizations and groups and the eligible
agency's response to the recommendations in the State Plan. (Sec.
122(a)(3).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs,
describe the process used by the State, consistent with section 111(g)
of WIA, to provide an opportunity for public comment, including
comments by representatives of business and representatives of labor
organizations, and input into development of the Plan, prior to
submission of the Plan.
(c) Adult Education and Family Literacy, describe the process that
will be used for public participation and comment with respect to the
AEFLA portion of the Unified Plan. (Sec. 224(b)(9).)
(d) TANF, the State shall make available to the public a summary of
any Plan or Plan amendment submitted by the State under this section.
With respect to the TANF plan design, local governments and private
sector organizations have been consulted regarding the plan and design
of welfare services in the State so that the services are provided in a
manner appropriate to local populations; and have had at least 45 days
to submit comments on the plan and the design of such services. (Sec.
402(c).)
(e) CSBG, provide evidence that the public participation
requirements were met, including documents which confirms that a
legislative public hearing on the State Plan was conducted as required
by subsection 675(b) and that the Plan was also made available for
public inspection and review as required by 675(d)(2).
[[Page 19231]]
3. This section should describe the types of activities and
outcomes that were conducted to meet the consultation requirement.
Demonstrate, as appropriate, how comments were considered in the plan
development process including specific information on how the various
WIA agency and program partners were involved in developing the unified
State Plan.
The following agencies, groups or individuals must be consulted, if
your Unified Plan includes:
(a) Perkins III: (Sec. 122(a)(3),(b)(1), (c)(3), (e)(3).)
Parents.
Teachers.
Students.
Eligible Recipients.
Representatives of special populations in the State.
Representatives of business and industry in the State,
including small- and medium-sized local businesses.
Representatives of labor organizations in the State.
Interested community members.
Governor of the State.
In addition, the eligible agency must consult with the State agency
responsible for secondary education and the State agency responsible
for supervision of community colleges, technical institutes, or other
2-year post secondary institutions primarily engaged in providing
postsecondary vocational and technical education concerning the amount
and uses of funds proposed to be reserved for adult vocational and
technical education, postsecondary vocational and technical education,
tech-prep education, and secondary vocational technical education.
Include any objections filed by either agency and your response(s).
(Sec. 122(e)(3).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(Sec. Sec. 112(b)(1) and 112(b)(9).)
The Governor of the State and State Board.
Local Chief elected officials.
Business community.
Labor organizations.
The following agencies, groups and individuals should also
be consulted:
Local Boards and Youth Councils, Educators, Vocational
Rehabilitation Agencies, Service providers, Welfare agencies, Faith-
based and Community organizations and the State Employment Security
Agency.
In addition, describe the role of the State Board and Local Boards
in planning and coordination in the Unified Plan (Sec. 501(c)(3).)
Note: While WIA only requires the involvement of State Board and
Local Boards in the planning and coordination of the programs and
activities authorized under title I, the intent of the Unified Plan
approach is to enable all the relevant parties in an area, if they
so choose, to come together more readily to coordinate their
activities in the best interests of the population to be served.
However coordination is achieved, nothing in the Unified Plan or in
WIA itself permits a Board or any other entity to alter the
decisions made by another program grantee in accord with that
grantee's statutes.
(c) Adult Education and Family Literacy:
Governor of the State (any comments made by the Governor
must be included in the Plan) (Sec. 224(d).)
(d) Vocational Rehabilitation:
State Rehabilitation Council (include the response of the
designated State unit to such input and recommendations). (Sec.
101(a)(21)(A)(ii)(III).)
(e) CSBG:
Low-income individuals.
Community organizations.
Religious organizations.
Representatives of low-income individuals.
(f) TANF:
With respect to the TANF plan design, local governments
and private sector organizations have been consulted regarding the plan
and design of welfare services in the State so that services are
provided in a manner appropriate to local populations; and have had at
least 45 days to submit comments on the plan and the design of such
services.
D. Needs Assessment
1. Describe the educational and job-training needs of individuals
in the overall State population and of relevant subgroups of all the
programs included in the Unified Plan.
Many of the programs that may be included in a Unified Plan require
a needs assessment. State agencies should fulfill these assessment
responsibilities collaboratively or, at a minimum, create a planning
process that promotes the sharing of needs assessment information among
all agencies involved in preparing the Unified Plan. Sharing of
assessment data can create a framework for the coordinated and
integrated services that are to be provided through the One-Stop
delivery system. The State may organize the presentation of assessment
data in its Unified Plan in a manner it deems most appropriate and
useful for planning, such as on a program-by-program basis, by
geographic region, or by special population.
In answering the above question, if your Unified Plan includes:
(a) WIA Title I and Wagner-Peyser Act and/or Veterans Programs,
identify the types and availability of workforce investment activities
currently in the State. (Sec. 112(b)(4)(A-D).)
(b) Adult Education and Family Literacy, objectively assess the
adult education and literacy needs of individuals, including an
assessment of those most in need and hardest to serve, including low
income students, individuals with disabilities, single parents,
displaced homemakers, and individuals with multiple barriers to
educational enhancement (including individuals with limited English
proficiency, criminal offenders in correctional institutions and other
institutionalized individuals.) (Sec. Sec. 224(b)(10) and 225).)
(c) Food Stamp Employment and Training (E&T), provide an answer and
explain the method used to:
(i) Estimate the number and characteristics of the expected pool of
work registrants during the fiscal year;
(ii) Estimate the number of work registrants the State agency
intends to exempt from E&T, along with a discussion of the proposed
exemption criteria;
(iii) Estimate the number of placements into E&T components during
the fiscal year;
(iv) Estimate the number of ABAWDs (able-bodied adults without
dependents) in the State during the fiscal year;
(v) Estimate the number of ABAWDs in both waived and unwaived area
of the State during the fiscal year;
(vi) Estimate the average monthly number of ABAWDs included in the
State's 15 percent exemption allowance, along with a discussion of how
the State intends to apply the exemption;
(vii) Estimate the number of qualifying education/training and
workfare opportunities for ABAWDS the State will create during the
fiscal year.
(d) Vocational Rehabilitation:
(i) Assess the needs of individuals with disabilities in the State,
particularly the vocational rehabilitation needs of individuals with
the most significant disabilities (including their need for supported
employment services), individuals with disabilities who have been
unserved or under-served by the vocational rehabilitation program, and
individuals with disabilities served through other components of the
statewide workforce investment system. (Sec. Sec. 101(a)(15)(A)(i)(I-
III) and 625(b)(2).)
(ii) Include State estimates of the number of individuals in the
State who are eligible for services under title I of the Rehabilitation
Act, the number of such individuals who will receive
[[Page 19232]]
services provided with funds provided under part B of title I and under
part B of title VI (including, if the designated State agency uses an
order of selection, estimates of the number of individuals to be served
under each priority category within the order), and the costs of the
services provided (including, if the designated State agency uses an
order of selection, the service costs for each priority category within
the order.) (Sec. 101(a)(15)(B).)
(iii) Provide an assessment of the need to establish, develop, or
improve community rehabilitation programs within the State. (Sec.
101(a)(15)(A)(ii).)
(e) HUD Employment and Training Programs: (Reminder: the following
is a suggestion for incorporating HUD programs into your State's
Unified Plan. However, following this guidance will not trigger funding
for HUD programs):
(i) Address the educational and training needs of public housing
residents and other families receiving housing assistance.
2. WIA Title I and Wagner Peyser Act: Economic and Labor Market
Analysis (Sec. 112(b)(4).): As a foundation for this strategic plan
and to inform the strategic investments and strategies that flow from
this Plan, provide a detailed analysis of the State's economy, the
labor pool, and the labor market context. Elements of the analysis
should include the following:
a. What is the current makeup of the State's economic base by
industry?
b. What industries and occupations are projected to grow and/or
decline in the short term and over the next decade?
c. In what industries and occupations is there a demand for skilled
workers and available jobs, both today and projected over the next
decade? In what numbers?
d. What jobs/occupations are most critical to the State's economy?
e. What are the skill needs for the available, critical and
projected jobs?
f. What is the current and projected demographics of the available
labor pool (including the incumbent workforce) both now and over the
next decade?
g. Is the State experiencing any ``in migration'' or ``out
migration'' of workers that impact the labor pool?
h. Based on an analysis of both the projected demand for skills and
the available and projected labor pool, what skill gaps is the State
experiencing today and what skill gaps are projected over the next
decade?
i. Based on an analysis of the economy and the labor market, what
workforce development issues has the State identified?
j. What workforce development issues has the State prioritized as
being most critical to its economic health and growth?
E. State and Local Governance
1. What is the organization, structure and role/function of each
State and local entity that will govern the activities of the Unified
Plan?
In answering the above question, if your Unified Plan includes:
(a) Perkins III, describe the procedures in place to develop the
memoranda of understanding outlined in Section 121(c) of the Workforce
Investment Act of 1998 concerning the provision of services only for
postsecondary students and school dropouts. (Sec. 122(c)(21).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i) Organization of State agencies in relation to the Governor:
1. Provide an organizational chart that delineates the relationship
to the Governor of the agencies involved in the public workforce
investment system, including education and economic development and the
required and optional One-Stop partner programs managed by each agency.
2. In a narrative describe how the agencies involved in the public
workforce investment system interrelate on workforce and economic
development issues and the respective lines of authority.
(ii) State Workforce Investment Board:
1. Describe the organization and structure of the State Board.
(Sec. 111).):
2. Include a description of the process by which State and Local
Boards were created.
3. Identify the organizations or entities represented on the State
Board. If you are using an alternative entity which does not contain
all the members required under section 111(b)(1), describe how each of
the entities required under this section will be involved in planning
and implementing the State's workforce investment system as envisioned
in WIA. How is the alternative entity achieving the State's WIA goals?
(Sec. Sec. 111(a-c), 111(e), and 112(b)(1).)
4. Describe the process your State used to identify your State
Board members. How did you select Board members, including business
representatives, who have optimum policy-making authority and who
represent diverse regions of the State as required under WIA? Describe
how the Board's membership enables you to achieve your vision described
above. (20 CFR 661.200).)
5. Describe how the Board carries out its functions as required in
Section 111(d) and 20 CFR 661.205. Include functions the Board has
assumed that are in addition to those required. Identify any functions
required in Section 111(d) the Board does not perform and explain why.
6. How will the State Board ensure that the public (including
people with disabilities) has access to Board meetings and information
regarding State Board activities, including membership and meeting
minutes? (20 CFR 661.207).)
7. Identify the circumstances which constitute a conflict of
interest for any State or Local Workforce Investment Board member or
the entity that s/he represents, and any matter that would provide a
financial benefit to that member or his or her immediate family.
(Sec. Sec. 111(f), 112(b)(13), and 117(g).)
8. What resources does the State provide the Board to carry out its
functions, i.e., staff, funding, etc.?
(iii) What is the structure/process for the State agencies and
State Board to collaborate and communicate with each other and with the
local workforce investment system (Sec. 112(b)(8)(A).):
1. Describe the steps the State will take to improve operational
collaboration of the workforce investment activities and other related
activities and programs outlined in section 112(b)(8)(A), at both the
State and local level (e.g., joint activities, memoranda of
understanding, planned mergers, coordinated policies, etc.). How will
the State Board and agencies eliminate any existing State-level
barriers to coordination? (Sec. Sec. 111(d)(2) and 112(b)(8)(A).)
2. Describe the lines of communication established by the Governor
to ensure open and effective sharing of information among the State
agencies responsible for implementing the vision for the workforce
system and between the State agencies and the State Workforce
Investment Board.
3. Describe the lines of communication and mechanisms established
by the Governor to ensure timely and effective sharing of information
between the State agencies/State Board and local workforce investment
areas and Local Boards. Include types of regularly issued guidance and
how Federal guidance is disseminated to Local Boards and One-Stop
Career Centers. (Sec. 112(b)(1).)
(iv) Describe any cross-cutting organizations or bodies at the
State level designed to guide and inform an integrated vision for
serving youth in the State within the context of workforce investment,
social services, juvenile justice, and education. Describe the
membership of such bodies and the functions and responsibilities in
establishing priorities and services for
[[Page 19233]]
youth? How is the State promoting a collaborative cross-agency approach
for both policy development and service delivery at the local level for
youth? (Sec. 112(b)(18)(A).)
(v) Describe major State policies and requirements that have been
established to direct and support the development of a Statewide
workforce investment system not described elsewhere in this Plan as
outlined below. (Sec. 112(b)(2).)
1. What State policies and systems are in place or planned to
support common data collection and reporting processes, information
management, integrated service delivery, and performance management?
(Sec. Sec. 111(d)(2) and 112(b)(8)(B).)
2. What State policies are in place that promote efficient use of
administrative resources such as requiring more co-location and fewer
affiliate sites in local One-Stop systems to eliminate duplicative
facility and operational costs or to require a single administrative
structure at the local level to support Local Boards and to be the
fiscal agent for WIA funds to avoid duplicative administrative costs
that could otherwise be used for service delivery and training? Include
any specific administrative cost controls, plans, reductions, and
targets for reductions, if the State has established them. (Sec. Sec.
111(d)(2) and 112(b)(8)(A).)
3. What State policies are in place to promote universal access and
consistency of service Statewide? (Sec. 112(b)(2).)
4. What policies support a demand-driven approach, as described in
Part I. ``Demand-driven Workforce Investment System,'' to workforce
development--such as training on the economy and labor market data for
Local Board and One-Stop Career Center staff? (Sec. Sec. 112(b)(4) and
112(b)(17)(A)(iv).)
5. What policies are in place to ensure that the resources
available through the Federal and/or State apprenticeship programs, the
Job Corps and the Senior Community Service Employment Program are fully
integrated with the State's One-Stop delivery system? (Sec. Sec.
112)(b)(17)(A)(iv) and (b)(18)(C).)
(vi) Local Area Designations--Identify the State's designated local
workforce investment areas and the date of the most recent area
designation, including whether the State is currently re-designating
local areas pursuant to the end of the subsequent designation period
for areas designated in the previous Unified Plan. (Sec. Sec.
112(b)(5).) Include a description of the process used to designate such
areas. Describe how the State considered the extent to which such local
areas are consistent with labor market areas: geographic areas served
by local and intermediate education agencies, post-secondary education
institutions and area vocational schools; and all other criteria
identified in section 116(a)(1) in establishing area boundaries, to
assure coordinated planning. Describe the State Board's role, including
all recommendations made on local designation requests pursuant to
Sec. 116(a)(4). (Sec. Sec. 112(b)(5) and 116(a)(1).) Describe the
appeals process used by the State to hear appeals of local area
designations referred to in Sec. 116(a)(5) and 112(b)(15).
(vii) Local Workforce Investment Boards--Identify the criteria the
State has established to be used by the chief elected official(s) in
the local areas for the appointment of Local Board members based on the
requirements of section 117. (Sec. Sec. 112(b)(6), 117(b).)
(viii) Identify the circumstances which constitute a conflict of
interest for any State or Local Workforce Investment Board member or
the entity that s/he represents, and any matter that would provide a
financial benefit to that member or his or her immediate family.
(Sec. Sec. 111(f), 112(b)(13), and 117(g).)
(ix) Identify the policies and procedures to be applied by local
areas for determining eligibility of local level training providers,
how performance information will be used to determine continuing
eligibility and the agency responsible for carrying out these
activities. Describe how the State solicited recommendations from Local
Boards and training providers and interested members of the public,
including representatives of business and labor organizations, in the
development of these policies and procedures.
(x) Individual Training Accounts (ITAs):
1. What policy direction has the State provided for ITAs?
2. Describe innovative training strategies used by the State to
fill skills gaps. Include in the discussion the State's effort to
broaden the scope and reach of ITAs through partnerships with business,
education, economic development, and industry associations and how
business and industry involvement is used to drive this strategy.
3. Discuss the State's plan for committing all or part of WIA Title
I funds to training opportunities in high-growth, high-demand, and
economically vital occupations.
4. Describe the State's policy for limiting ITAs (e.g., dollar
amount or duration).
5. Describe the State's current or planned use of WIA Title I funds
for the provision of training through apprenticeship.
6. Identify State policies developed in response to changes to WIA
regulations that permit the use of WIA Title I financial assistance to
employ or train participants in religious activities when the
assistance is provided indirectly) such as through an ITA. (Note that
the Department of Labor provides Web access to the equal treatment
regulations and other guidance for the workforce investment system and
faith-based and community organizations at http://www.dol.gov/cfbci/legalguidance.htm
).
(xi) Identify the criteria to be used by Local Boards in awarding
grants for youth activities, including criteria that the Governor and
Local Boards will use to identify effective and ineffective youth
activities and providers of such activities. (Sec. 112(b)(18)(B).)
(xii) Describe the competitive and non-competitive processes that
will be used at the State level to award grants and contracts for
activities under title I of WIA, including how potential bidders are
being made aware of the availability of grants and contracts. (Sec.
112(b)(16).)
(c) Vocational Rehabilitation, designate a State agency as the sole
State agency to administer the Plan, or to supervise the administration
of the Plan by a local agency, in accordance with section 101(a)(2)(A).
(Sec. 101(a)(2)(A).)
(d) TANF, describe the objective criteria for the delivery of
benefits and the determination of eligibility and for fair and
equitable treatment, including an explanation of how the State will
provide opportunities for recipients who have been adversely affected
to be heard in a State administrative or appeal process. (Sec.
402(a)(1)(B)(iii).)
F. Funding
1. What criteria will the State use, subject to each program's
authorizing law, to allocate funds for each of the programs included in
the Unified Plan? Describe how the State will use funds the State
receives to leverage other Federal, State, local, and private
resources, in order to maximize the effectiveness of such resources,
and to expand the participation of business, employees, and individuals
in the Statewide workforce investment system. (WIA Sec. 112(b)(10).)
In answering the above question, if your Unified Plan includes:
(a) Perkins III:
(i) Describe the criteria that you will use in approving
applications by eligible recipients for funds under Perkins III. (Sec.
122(c)(1)(B).)
(ii) Describe how funds received through the allotment made under
[[Page 19234]]
section 111 will be allocated among secondary school vocational and
technical education, or postsecondary and adult vocational and
technical education, or both, including the rationale for such
allocation. (Sec. 122(c)(4)(A).)
(iii) Describe how funds received through the allotment made under
section 111 will be allocated among consortia which will be formed
among secondary schools and eligible institutions, and how funds will
be allocated among the members of the consortia, including the
rationale for such allocation. (Sec. 122(c)(4)(B).)
(iv) If the eligible agency decides to develop an alternative
allocation formula under the authority of sections 131(c) and/or
132(b), submit the proposed formula and supporting documentation to the
Secretary of Education for approval prior to the submission of your
State Plan or as a part of the State Unified Plan. (Sec. Sec. 131(c)
and 132(b).)
(b) Tech-Prep, describe how the eligible agency will award tech-
prep funds in accordance with the requirements of Sections 204(a) and
Section 205 of Perkins III, including whether grants will be awarded on
a competitive basis or on the basis of a formula determined by the
State.
(c) WIA Title I and Wagner-Peyser Act and/or Veterans Programs
(Sec. 112(b)(12):
(i) If applicable, describe the methods and factors (including
weights assigned to each factor) your State will use to distribute
funds to local areas for the 30% discretionary formula adult employment
and training funds and youth funds pursuant to Sections 128(b)(3)(B)
and 133(b)(3)(B).
(ii) Describe how the allocation methods and factors help ensure
that funds are distributed equitably throughout the State and that
there will be no significant shifts in funding levels to a local area
on a year-to-year basis.
(iii) Describe the State's allocation formula for dislocated worker
funds under 133(b)(2)(B).
(iv) Describe how the individuals and entities on the State Board
were involved in the development of the methods and factors, and how
the State consulted with chief elected officials in local areas
throughout the State in determining such distribution.
(v) Describe the procedures and criteria that are in place under 20
CFR 663.600 for the Governor and appropriate Local Boards to direct
One-Stop operators to give priority of service to public assistance
recipients and other low-income individuals for intensive and training
services if funds allocated to a local area for adult employment and
training activities are determined to be limited. (Sec. Sec.
112(b)(17)(A)(iv) and 134(d)(4)(E).)
(vi) Specify how the State will use the 10 percent Wagner-Peyser
Act funds allotted to it under section 7(b) in accordance with the
three provisions of allowable activities: performance incentives;
services for groups with special needs; and extra costs of exemplary
service delivery models. (Sec. 112(b)(7) and 20 CFR 652.204).)
(d) Adult Education and Family Literacy:
(i) Describe how the eligible agency will fund local activities in
accordance with the considerations described in Section 231(e) and the
other requirements of title II of WIA. (Sec. 224(b).)
(ii) Describe the process to show that public notice was given of
the availability of Federal funds to eligible recipients and the
procedures for submitting applications to the State, including
approximate time frames for the notice and receipt of applications.
(Sec. 231(c).)
(iii) Describe how the eligible agency will use funds made
available under Section 222(a)(2) for State leadership activities.
(Sec. 223(a).)
(iv) Describe the steps the eligible agency will take to ensure
direct and equitable access, as required in section 231(c). (Sec.
224(b)(12).)
(e) Food Stamp Employment and Training, Estimate the total cost of
the State's E&T program and identify the source of funds according to
the format for Table 5, Planned Fiscal Year Costs, contained in the
most current release of ``The Handbook on Preparing State Plans for
Food Stamp Employment and Training Programs.''
(f) TANF, indicate the name, address, and EIN number of the TANF
administering agency and estimate for each quarter of the fiscal year
by percentage the amount of TANF grant that it wishes to receive.
(g) Vocational Rehabilitation:
(i) Describe how the State will utilize funds reserved for the
development and implementation of innovative approaches to expand and
improve the provision of vocational rehabilitation services to
individuals with disabilities under the State Plan, particularly
individuals with the most significant disabilities. (Sec.
101(a)(18)(B).)
(ii) Describe the quality, scope, and extent of supported
employment services authorized under the Act to be provided to
individuals who are eligible under the Act to receive the services.
(Sec. 625(b)(3).)
(iii) In the event that vocational rehabilitation services cannot
be provided to all eligible individuals with disabilities in the State
who apply for services, indicate the order to be followed in selecting
eligible individuals to be provided vocational rehabilitation services
and provide the justification for the order. (Sec. 101(a)(5)(A)-(B).)
(h) CSBG, describe how the State intends to use discretionary funds
made available from the remainder of the grant or allotment described
in Section 675C(b), including a description of how the local entity
will use the funds to support innovative community and neighborhood-
based initiatives.
G. Activities To Be Funded
1. For each of the programs in your Unified Plan, provide a general
description of the activities the State will pursue using the relevant
funding.
In answering the above question, if your Unified Plan includes:
(a) Perkins III:
(i) Describe the vocational and technical education activities to
be assisted that are designed to meet or exceed the State adjusted
levels of performance. (Sec. 122(c)(1).)
(ii) Describe the secondary and postsecondary vocational and
technical education programs to be carried out, including programs that
will be carried out by the eligible agency to develop, improve, and
expand access to quality, state-of-the-art technology in vocational and
technical education programs. (Sec. 122(c)(1)(A).)
(iii) Describe how funds will be used to improve or develop new
vocational and technical education courses and effectively link
secondary and postsecondary education. (Sec. 122(c)(1)(D) and
122(c)(19).)
(iv) Describe how the eligible agency will improve the academic and
technical skills of students participating in vocational and technical
education programs, including strengthening the academic, and
vocational and technical, components of vocational and technical
education programs through the integration of academics with vocational
and technical education to (1) Ensure learning in the core academic,
vocational and technical subjects; (2) provide students with strong
experience in, and understanding of, all aspects of an industry; and
(3) prepare students for opportunities in post-secondary education or
entry into high skill and high wage jobs in current and emerging
occupations. (Sec. 122(c)(1)(C) and (5)(A).)
(v) Describe how the eligible agency will ensure that students who
participate in such vocational and technical education programs are
taught to the same challenging academic
[[Page 19235]]
proficiencies as are taught to all other students. (Sec.
122(c)(5)(B).)
(vi) Describe how the eligible agency will actively involve
parents, teachers, local businesses (including small- and medium-sized
businesses), and labor organizations in the planning, development,
implementation and evaluation of vocational and technical education
programs.
(b) Tech-Prep, describe how funds will be used in accordance with
the requirements of section 204(c).
(c) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i) Service Delivery--Describe the approaches the State will use to
provide direction and support to Local Boards and the One-Stop Career
Center delivery system on the strategic priorities to guide
investments, structure business engagement, and inform service delivery
approaches for all customers. (Sec. 112(b)(17)(A).)
1. One-Stop Service Delivery Strategies: (Sec. 111(d)(2) and
112(b)(2).)
a. How will the services provided by each of the required and
optional One-Stop partners be coordinated and made available through
the One-Stop system? (Sec. 112(b)(8)(A).)
b. How are youth formula programs funded under Sec. 128(b)(2)(A)
integrated in the One-Stop system?
c. What minimum service delivery requirements does the State
mandate in a comprehensive One-Stop Centers or an affiliate site?
d. What tools and products has the State developed to support
service delivery in all One-Stop Centers Statewide?
e. What models/templates/approaches does the State recommend and/or
mandate for service delivery in the One-Stop Centers? For example, do
all One-Stop Centers have a uniform method of organizing their service
delivery to business customers? Is there a common individual assessment
process utilized in every One-Stop Center? Are all One-Stop Centers
required to have a resource center that is open to anyone?
2. Workforce Information--A fundamental component of a demand-
driven workforce investment system is the integration and application
of the best available State and local workforce information including,
but not limited to, economic data, labor market information, census
data, private sources of workforce information produced by trade
associations and others, educational data, job vacancy surveys,
transactional data from job boards, and information obtained directly
from businesses. (Sec. Sec. 111(d)(8), 112(b)(1), and 134(d)(2)(E).)
a. Describe how the State will integrate workforce information into
its planning and decision-making at the State and local level,
including State and Local Boards, One-Stop operations, and case manager
guidance.
b. Describe the approach the State will use to disseminate accurate
and timely workforce information to businesses, job seekers, and
employment counselors, in easy to use formats that are readily
accessible within One-Stop Career Centers and at remote locations such
as libraries, schools, worksites, and at home.
c. Describe how the State's Workforce Information Core Products and
Services Plan is aligned with the WIA State Plan to ensure that the
investments in core products and services support the State's overall
strategic direction for workforce investment.
d. Describe how State workforce information products and tools are
coordinated with the national electronic workforce information tools
including America's Career Information Network and Career Voyages.
3. Adults and Dislocated Workers
a. Core Services. (Sec. 112(b)(17)(a)(i).)
(i) Describe State strategies and policies to ensure adults and
dislocated workers have universal access to the minimum required core
services as described in Sec. 134(d)(2).
(ii) Describe how the State will ensure the three-tiered service
delivery strategy for labor exchange services for job seekers and
employers authorized by the Wagner-Peyser Act includes (1) self-
service, (2) facilitated self-help service, and (3) staff-assisted
service, and is accessible and available to all customers at the local
level.
(iii) Describe how the State will integrate resources provided
under the Wagner-Peyser Act and WIA title I for adults and dislocated
workers as well as resources provided by required One-Stop partner
programs, to deliver core services.
b. Intensive Services. Describe State strategies and policies to
ensure adults and dislocated workers who meet the criteria in Sec.
134(d)(3)(A) receive intensive services as defined.
c. Training Services. Describe the Governor's vision for increasing
training access and opportunities for individuals including the
investment of WIA title I funds and the leveraging of other funds and
resources.
d. Eligible Training Provider List. Describe the State's process
for providing broad customer access to the statewide list of eligible
training providers and their performance information including at every
One-Stop Career Center. (Sec. 112(b)(17)(A)(iii).)
e. On-the-Job (OJT) and Customized Training (Sec. 112(b)(17)(A)(i)
and 134(b).) Based on the outline below, describe the State's major
directions, policies and requirements related to OJT and customized
training.
(i) Describe the Governor's vision for increasing training
opportunities to individuals through the specific delivery vehicles of
OJT and customized training.
(ii) Describe how the State:
(a.) Identifies OJT and customized training opportunities;
(b.) Markets OJT and customized training as incentives to untapped
employer pools including new business to the State and employer groups;
(c.) Partners with high-growth, high-demand industries and
economically vital industries to develop potential OJT and customized
training strategies;
(d.) Taps business partners to help drive the strategy through
joint planning, competency and curriculum development; and determining
appropriate lengths of training, and
(e.) Leverages other resources through education, economic
development and industry associations to support OJT and customized
training ventures.
f. What policies and strategies does the State have in place to
ensure that, pursuant to the Jobs for Veterans Act (Pub. L. 107-288)(38
U.S.C. 4215), that priority of service is provided to veterans and
certain spouses who otherwise meet the eligibility requirements for all
employment and training programs funded by the U.S. Department of
Labor, in accordance with the provisions of TEGL 5-03 (9/16/03/)?
g. Rapid Response. Describe how your State provides Rapid Response
services with the funds reserved under Section 133(a)(2).
(i) Identify the entity responsible for providing Rapid Response
services. Describe how Rapid Response activities involve Local Boards
and Chief Elected Officials. If Rapid Response activities are shared
between the State and local areas, describe the functions of each and
how funds are allocated to the local areas.
(ii) Describe the process involved in carrying out Rapid Response
activities.
(a.) What methods are involved in receiving notice of impending
layoffs (include WARN Act notice as well as other sources)?
(b.) What efforts does the Rapid Response team make to ensure that
rapid response services are provided, whenever possible, prior to
layoff date, onsite at the company, and on company time?
[[Page 19236]]
(c.) What services are included in Rapid Response activities? Does
the Rapid Response team provide workshops or other activities in
addition to general informational services to affected workers? How do
you determine what services will be provided for a particular layoff
(including layoffs that may be trade-affected)?
(d.) How does the State ensure a seamless transition between Rapid
Response services and One-Stop activities for affected workers?
(e.) Describe how Rapid Response functions as a business service?
Include whether Rapid Response partners with economic development
agencies to connect employees from companies undergoing layoffs to
similar companies that are growing and need skilled workers? How does
Rapid Response promote the full range of services available to help
companies in all stages of the economic cycle, not just those available
during layoffs? How does the State promote Rapid Response as a
positive, proactive, business-friendly service, not only a negative,
reactive service?
(f.) What other partnerships does Rapid Response engage in to
expand the range and quality of services available to companies and
affected workers and to develop an effective early layoff warning
network?
(g.) What systems does the Rapid Response team use to track its
activities? Does the State have a comprehensive, integrated Management
Information System that includes Rapid Response, Trade Act programs,
National Emergency Grants, and One-Stop activities?
(h.) Are Rapid Response funds used for other activities not
described above; e.g., the provision of additional assistance to local
areas that experience increased workers or unemployed individuals due
to dislocation events?
4. Veterans Programs. For the grant period FY 2005--FY 2009, States
submitted a five year strategic plans to operate the Local Veterans'
Employment Representative (LVER) and Disabled Veterans' Outreach
Programs (DVOP) Specialist programs under the Jobs for Veterans Act.
These plans may be incorporated by reference as part of a state's
Unified Plan. Modifications to these five year Jobs for Veterans Act
plans will be managed in accordance with policy guidance from the
Veterans' Employment and Training Service.
5. Youth. ETA's strategic vision identifies youth most in need,
such as out of school youth and those at risk, youth in foster care,
youth aging out of foster care, youth offenders, children of
incarcerated parents, homeless youth, and migrant and seasonal
farmworker youth as those most in need of service.
State programs and services should take a comprehensive approach to
serving these youth, including basic skills remediation, helping youth
stay in or return to school, employment, internships, help with
attaining a high school diploma or GED, post-secondary vocational
training, apprenticeships and enrollment in community and four-year
colleges. (Sec. 112(b)(18).)
a. Describe your State's strategy for providing comprehensive,
integrated services to eligible youth, including those most in need as
described above. Include any State requirements and activities to
assist youth who have special needs or barriers to employment,
including those who are pregnant, parenting, or have disabilities.
Include how the State will coordinate across State agencies responsible
for workforce investment, foster care, education, human services,
juvenile justice, and other relevant resources as part of the strategy.
(Sec. 112(b)(18).)
b. Describe how coordination with Job Corps and other youth
programs will occur. (Sec. 112(b)(18)(C).)
c. How does the State Plan to utilize the funds reserved for
Statewide activities to support the State's vision for serving youth?
Examples of activities that would be appropriate investments of these
funds include:
(i) utilizing the funds to promote cross agency collaboration;
(ii) demonstration of cross-cutting models of service delivery;
(iii) development of new models of alternative education leading to
employment; or
(iv) development of demand-driven models with business and industry
working collaboratively with the workforce investment system and
education partners to develop strategies for bringing these youth
successful into the workforce pipeline with the right skills.
d. Describe in general, how your State will meet the Act's
provisions regarding youth program design. (Sec. Sec. 112(b)(18) and
129(c).)
6. Business Services.
a. Describe how the needs of employers will be determined in the
local areas and on a statewide basis.
b. Describe how integrated business services, including Wagner-
Peyser Act services, will be delivered to employers through the One-
Stop system.
c. How will the system streamline administration of Federal tax
credit programs within the One-Stop system to maximize employer
participation (20 CFR 652.3(b), Sec. 112(b)(17)(A)(i).)
7. Innovative Service Delivery Strategies. (Sec. 112(b)(17)(A).)
a. Describe innovative service delivery strategies the State has or
is planning to undertake to maximize resources, increase service
levels, improve service quality, achieve better integration or meet
other key State goals. Include in the description the initiative's
general design, anticipated outcomes, partners involved and funds
leveraged (e.g., title I formula, Statewide reserve, employer
contributions, education funds, non-WIA State funds).
b. If your State is participating in the ETA Personal Re-employment
Account (PRA) demonstration, describe your vision for integrating PRAs
as a service delivery alternative as part of the State's overall
strategy for workforce investment.
8. Strategies for Faith-based and Community Organizations (Sec.
112(b)(17)(i).) Describe those activities to be undertaken to: (1)
increase the opportunities for participation of faith-based and
community organizations as committed and active partners in the One-
Stop delivery system; and (2) expand the access of faith-based and
community organizations' clients and customers to the services offered
by the One-Stops in the State. Outline those action steps designed to
strengthen State collaboration efforts with local workforce investment
areas in conducting outreach campaigns to educate faith-based and
community organizations about the attributes and objectives of the
demand-driven workforce investment system. Indicate how these resources
can be strategically and effectively leveraged in the State's workforce
investment areas to help meet the objectives of the Workforce
Investment Act.
(d) Adult Education and Literacy Services, including workplace
literacy services:
(i) Family literacy services.
(ii) English literacy programs.
(e) Food Stamp Employment and Training:
(i) Describe the components of the State's E&T program.
(ii) Discuss the weekly/monthly hours of participation required of
each program component.
(iii) Describe planned combinations of components to meet the
statutory requirement of 20 hours of participation per week to qualify
as a work program for ABAWDS.
(f) TANF, outline how the State intends to:
(i) Conduct a program, designed to serve all political subdivisions
in the State (not necessarily in a uniform
[[Page 19237]]
manner), that provides assistance to needy families with (or expecting)
children and provides parents with job preparation, work, and support
services to enable them to leave the program and become self-
sufficient. (Sec. 402(a)(1)(A)(i).)
(ii) Require a parent or caretaker receiving assistance under the
program to engage in work (as defined by the State) once the State
determines the parent or caretaker is ready to engage in work, or once
the parent or caretaker has received assistance under the program for
24 months (whether or not consecutive,) whichever is earlier,
consistent with section 407(e)(2). (Sec. 402(a)(1)(A)(ii).)
(iii) Ensure that parents and caretakers receiving assistance under
the program engage in work activities in accordance with section 407.
(Sec. 402(a)(1)(A)(iii).)
(iv) Take such reasonable steps as deemed necessary to restrict the
use and disclosure of information about individuals and families
receiving assistance under the program attributable to funds provided
by the Federal government. (Sec. 402(a)(1)(A)(iv).)
(v) Describe the financial eligibility criteria and corresponding
benefits and services covered with State Maintenance of Effort (MOE)
funds. This description applies to State MOE funds that are used in the
State's TANF program or used to fund a separate State program.
(g) SCSEP, provide a description of each project function or
activity and how the State will implement the project. The following
activities should be discussed separately: (title V of the Older
Americans Act)
(i) Describe how the services proposed support the State Senior
Employment Services Coordination Plan.
(ii) Describe how recruitment and selection of participants will be
achieved under TEGL 13-04 and the regulations at 20 CFR 641.500 and
641.525. Include a description of the new recruitment strategies that
will be used to reach the target population.
(iii) Describe how participant income will be recertified each
year, including where eligibility records will be maintained.
(iv) Describe the arrangements that will be made to offer physical
examinations as a required fringe benefit.
(v) Describe the orientation procedures for participants and host
agencies.
(vi) Describe the procedures for assessing job aptitudes, job
readiness, and job preferences of participants and their potential for
transition into unsubsidized employment.
(vii) Describe how the assessment will be used to develop the
participant's Individual Employment Plan (IEP).
(viii) Describe how the participant will be assigned to community
service including: The types of community service activity that will be
emphasized and how they were chosen; methods used to match participants
with community service training; the extent to which participants will
be placed in the administration of the project itself; the types of
host agencies used and the procedures and criteria for selecting the
assignments; the average number of hours in a participant's training
week; the average wage paid during training; the fringe benefits
offered (if any); procedures for ensuring adequate supervision.
(ix) Describe the training that will be provided during community
service training and any other types of training provided, including
linkages with local One-Stop Career Centers, the Registered
Apprenticeship Program, and the Disability Program Navigators.
(x) Describe the supportive services that will be offered to help
participants obtain and retain an unsubsidized job.
(xi) Describe arrangements that will be made to provide
transportation assistance to participants.
(xii) Describe the steps that will be taken to move or place
participants into unsubsidized employment, including cooperative
measures that will be taken with the One-Stop Delivery System, and that
support the Administration's focus on high-growth industries. Any
grantee that failed to meet at least 20 percent unsubsidized placements
in program year 2004 must submit a corrective action plan.
(xiii) Describe any policy for maximum duration of enrollment or
maximum time in community service.
(xiv) Describe procedures for terminating a participant, including
Individual Employment Plan terminations and the grievance procedures
that will address termination from the program.
(xv) Describe the procedures for addressing and resolving
participant complaints.
(xvi) Describe procedures for over enrolling participants,
including how over enrollments will be balanced with Equitable
Distribution requirements.
(xvii) Describe steps that will be taken to ensure compliance with
the Maintenance of Effort provision of section 501(b)(1)(F).
(xviii) Describe payroll procedures and how workers' compensation
premiums are paid.
(xix) Describe collaboration efforts with the One-Stop System and
with other partner programs under the Workforce Investment Act to
maximize opportunities for SCSEP participants.
(xx) Describe efforts to work with local economic development
offices in rural locations.
(xxi) Describe current slot imbalances and proposed steps to
correct inequities to achieve equitable distribution.
(xxii) List the cities and counties where the project and
subprojects will be conducted. Include the number of SCSEP authorized
positions and indicate where the positions changed from the prior year.
(xxiii) Describe the organizational structure of the project and
how subprojects will be managed, including assurances that adequate
resources for administrative costs will be provided. Also describe the
training that will be provided to local staff and describe how projects
will be monitored for program and financial compliance, including audit
plans.
(xxiv) Describe how the State will manage its providers and how it
will transfer participants if new providers are selected to serve in
the State.
(xxv) Include a proposed level for each performance measure for
each of the program years covered by the Plan. While the Plan is under
review or through a subsequent modification, the State will negotiate
with the Division of Older Worker Programs to set the appropriate
levels for the next two years. At a minimum, States must identify the
performance indicators required under 20 CFR 641.710, and, for each
indicator, the State must develop an objective and quantifiable
performance goal for two program years. The performance measures
include: placement rate; service level; service to most in need;
community service; employment retention; customer satisfaction of
employers, participants, and host agencies; and earning increase. The
requirements for reporting are outlined in Older Worker Bulletin 04-06
dated September 7, 2004.
(xxvi) Describe any request for an increase in administrative costs
consistent with section 502(c)(3) of the Older Americans Act.
(xxvii) Describe plans to provide a copy of this section to Area
Agencies on Aging consistent with section 502(d) of the Older American
Act.
(h) CSBG, explain how the activities funded will:
(i) Remove obstacles and solve problems that block the achievement
of self-sufficiency, including those families and individuals who are
attempting to transition off a State program carried out
[[Page 19238]]
under part A of title IV of the Social Security Act.
(ii) Secure and retain meaningful employment.
(iii) Attain an adequate education, with particular attention
toward improving literacy skills of the low-income families in the
communities involved, which may include carrying out family literacy
initiatives.
(iv) Make better use of available income.
(v) Obtain and maintain adequate housing and a suitable living
environment.
(vi) Obtain emergency assistance through loans, grants, or other
means to meet immediate and urgent family and individual needs.
(vii) Achieve greater participation in the affairs of the
communities involved, including the development of public and private
grassroots partnerships with local law enforcement agencies, local
housing authorities, private foundation, and other public and private
partners.
(viii) Create youth development programs that support the primary
role of the family, give priority to the prevention of youth problems
and crime, and promote increased community coordination and
collaboration in meeting the needs of youth, and support development
and expansion of innovative community-based youth development programs
that have demonstrated success in preventing or reducing youth crime.
(ix) Provide supplies, services, nutritious foods, and related
services, as may be necessary to counteract conditions of starvation
and malnutrition among low-income individuals.
H. Coordination and Non-Duplication
1. Describe how your State will coordinate and integrate the
services provided through all of the programs identified in the Unified
Plan in order to meet the needs of its customers, ensure there is no
overlap or duplication among the programs, and ensure collaboration
with key partners and continuous improvement of the workforce
investment system. (States are encouraged to address several
coordination requirements in a single narrative, if possible.)
In answering the above question, if your Unified Plan includes:
(a) Perkins III, describe coordination with the following agencies
or programs:
(i) Programs listed in Section 112(b)(8)(A) of the Workforce
Investment Act of 1998 (Sec. 122(c)(21).) concerning the provision of
services for postsecondary students and school dropouts.
(ii) Other Federal education programs, including any methods
proposed for joint planning and coordination. (Sec. 122(c)(16).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i) Structure/Process for State agencies and State Board to
collaborate and communicate with each other and with the local
workforce investment system (Sec. 112(b)(8)(A).)
(a.) Describe the steps the State will take to improve operational
collaboration of the workforce investment activities and other related
activities and programs outlined in Section 112(b)(8)(A), at both the
State and local level (e.g., joint activities, memoranda of
understanding, planned mergers, coordinated policies, etc.). How will
the State Board and agencies eliminate any existing State-level
barriers to coordination? (Sec. Sec. 111(d)(2) and 112(b)(8)(A).)
(b.) Describe the lines of communication and mechanisms established
by the Governor to ensure timely and effective sharing of information
between the State agencies/State Board and local workforce investment
areas and Local Boards. Include types of regularly issued guidance and
how Federal guidance is disseminated to Local Boards and One-Stop
Career Centers. (Sec. 112(b)(1).)
(c.) Describe any cross-cutting organizations or bodies at the
State level designed to guide and inform an integrated vision for
serving youth in the State within the context of workforce investment,
social services, juvenile justice, and education.--Describe the
membership of such bodies and the functions and responsibilities in
establishing priorities and services for youth? How is the State
promoting a collaborative cross-agency approach for both policy
development and service delivery at the local level for youth? (Sec.
112(b)(18)(A).)
(c) Adult Education and Family Literacy, describe how the Adult
Education and Family Literacy activities that will be carried out with
any funds received under AEFLA will be integrated with other adult
education, career development, and employment and training activities
in the State or outlying area served by the eligible agency. (Sec.
224(b)(11).)
(d) Vocational Rehabilitation:
(i) Describe the State agency's plans policies, and procedures for
coordination with the following agencies or programs:
(a.) Federal, State and local agencies and programs, including
programs carried out by the Under Secretary for Rural Development of
the Department of Agriculture and State use contracting programs to the
extent that such agencies and programs are not carrying out activities
through the statewide workforce investment system. (Sec.
101(a)(11)(C).)
(b.) Education officials responsible for the public education of
students with disabilities, including a formal interagency agreement
with the State educational agency. (Sec. 101(a)(11)(D).)
(c.) Private, non-profit vocational rehabilitation service
providers through the establishment of cooperative agreements. (Sec.
101(a)(24)(B).)
(d.) Other State agencies and appropriate entities to assist in the
provision of supported employment services. (Sec. 625(b)(4).)
(e.) Other public or nonprofit agencies or organizations within the
State, employers, natural supports, and other entities with respect to
the provision of extended services. (Sec. 625(b)(5).)
(e) Unemployment Insurance, summarize requests for any Federal
partner assistance (primarily non-financial) that would help the SWA
attain its goal.
(f) CSBG, describe how the State and eligible entities will
coordinate programs to serve low-income residents with other
organizations, including:
(i) Religious organizations.
(ii) Charitable groups.
(iii) Community organizations.
I. Special Populations and Other Groups
1. Describe how your State will develop program strategies, to
target and serve special populations. States may present information
about their service strategies for those special populations that are
identified by multiple Federal programs as they deem most appropriate
and useful for planning purposes, including by special population or on
a program by program basis. In providing this description, if your
Unified Plan includes any of the programs listed below, please address
the following specific relevant populations:
(a) Perkins III:
(i) Each category of special populations defined in Section 3(23)
of the Act. (Sec. 122(c)(7).)
(ii) Students in alternative education programs, if appropriate.
(Sec. 122(c)(13).)
(iii) Individuals in State correctional institutions. (Sec.
122(c)(18).)
(i) Describe how funds will be used to promote preparation for
nontraditional training and employment. (Sec. 122(c)(17).)
(ii) Describe how individuals who are members of special
populations will be provided with equal access to activities assisted
under Title I of Perkins III and
[[Page 19239]]
will not be discriminated against on the basis of their status as
members of special populations. (Sec. 122(c)(8)(B).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs
(Sec. 112(b)(17)(A)(iv) and 112(b)(17)(B).):
(i) Service to Specific Populations. (Sec. 112(b)(17)(A)(iv).)
(a.) Describe the State's strategies to ensure that the full range
of employment and training programs and services delivered through the
State's One-Stop delivery system are accessible to and will meet the
needs of dislocated workers, displaced homemakers, low-income
individuals such as migrants and seasonal farmworkers, women,
minorities, individuals training for non-traditional employment,
veterans, public assistance recipients and individuals with multiple
barriers to employment (including older individuals, people with
limited English-speaking proficiency, and people with disabilities.)
(Sec. 112(b)(17)(iv).)
(b.) Describe the reemployment services you will provide to
unemployment insurance claimants and the Worker Profiling services
provided to claimants identified as most likely to exhaust their
unemployment insurance benefits in accordance with section 3(c)(3) of
the Wagner-Peyser Act.
(c.) Describe how the State administers the unemployment insurance
work test and how feedback requirements (under Sec. 7(a)(3)(F) of the
Wagner-Peyser Act) for all UI claimants are met.
(d.) Describe the State's strategy for integrating and aligning
services to dislocated workers provided through the WIA rapid response,
WIA dislocated worker, and Trade Adjustment Assistance (TAA) programs.
Does the State have a policy supporting co-enrollment for WIA and TAA?
(Sec. 112(b)(17)(A)(ii and iv).)
(e.) How is the State's workforce investment system working
collaboratively with business and industry and the education community
to develop strategies to overcome barriers to skill achievement and
employment experienced by the populations listed above in section
(b)(i)(a.) of this section and to ensure they are being identified as a
critical pipeline of workers?
(f.) Describe how the State will ensure that the full array of One-
Stop services are available to individuals with disabilities and that
the services are fully accessible?
(g.) Describe the role LVER/DVOP staff have in the One-Stop
Delivery System? How will the State ensure adherence to the legislative
requirements for veterans' staff? How will services under this Plan
take into consideration the agreement reached between the Secretary and
the State regarding veterans' employment programs? (Sec. Sec.
112(b)(7), 322, 38 U.S.C. chapter 41 and 20 CFR 1001.120).)
(h.) Department of Labor regulations at 29 CFR part 37, require all
recipients of Federal financial assistance from DOL to provide
meaningful access to limited English proficient (LEP) persons. Federal
financial assistance includes grants, training, equipment usage,
donations of surplus property, and other assistance. Sub-recipients are
also covered when Federal DOL funds are passed through from one
recipient to a sub-recipient. Describe how the State will ensure access
to services through the State's One-Stop delivery system by persons
with limited English proficiency and how the State will meet the
requirements of ETA Training and Employment Guidance Letter (TEGL) 26-
02, (May 29, 2003) which provides guidance on methods of complying with
the Federal rule.
(i.) Describe the State's strategies to enhance and integrate
service delivery through the One-Stop delivery system for migrant and
seasonal farm workers and agricultural employers. How will the State
ensure that migrant and seasonal farm workers have equal access to
employment opportunities through the State's One-Stop delivery system?
Include the number of Migrant and Seasonal Farmworkers (MSFWs) the
State anticipates reaching annually through outreach to increase their
ability to access core, intensive, and training services in the One-
Stop Career Center System.
(c) Adult Education and Family Literacy:
(i) Low income students (Sec. 224(b)(10)(A).)
(ii) Individuals with disabilities (Sec. 224(b)(10)(B).)
(iii) Single parents and displaced homemakers (Sec.
224(b)(10)(C).)
(iv) Individuals with multiple barriers to educational enhancement,
including individuals with limited English proficiency (Sec.
224(b)(10)(D).)
(v) Criminal offenders in correctional institutions and other
institutionalized individuals (Sec. 225).)
(d) TAA and NAFTA-TAA, describe how rapid response and basic
readjustment services authorized under other Federal laws will be
provided to trade-impacted workers.
(e) Vocational Rehabilitation:
(i) Minorities with most significant disabilities. (Sec. 21(c).)
(f) TANF, indicate whether the State intends to:
(i) Treat families moving into the State from another State
differently than other families under the program, and if so, how the
State intends to treat such families under the program;
(ii) Provide assistance under the program to individuals who are
not citizens of the United States, and if so, shall include an overview
of such assistance. (Sec. 402(a)(1)(B) (i) and (ii).); and
(iii) Outline how the State intends to conduct a program designed
to reach State and local law enforcement officials, the education
system, and relevant counseling services, that provides education and
training on the problem of statutory rape so that teenage pregnancy
prevention programs may be expanded in scope to include men. (Sec.
401(a)(1)(A)(vi).)
(g) SCSEP (Sec. 3(a)(1).): Indicate how the State will serve
individuals age 60 and older as a priority (Sec. 516(2)), and the
following ``preference'' groups (Sec. 502(b)(1)(M)):
(i) Minorities.
(ii) Limited English-speakers.
(iii) Indian eligible individuals.
(iv) Individuals with the greatest economic need.
(h) CSBG:
(i) Low-income families.
(ii) Families and individuals receiving assistance under part A of
Title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(iii) Homeless families and individuals.
(iv) Migrant or seasonal farmworkers.
(v) Elderly low-income individuals and families.
(vi) Youth in low-income communities.
(i) HUD Employment and Training Programs: (Reminder: the following
is a suggestion for incorporating HUD programs into your State's
Unified Plan. However, following this guidance will not trigger funding
for HUD programs):
(i) Public housing residents
(ii) Homeless and other groups
2. Identify the methods of collecting data and reporting progress
on the special populations described in Question 1 of this section.
3. If your Plan includes Perkins III, Tech-Prep, Adult Education
and Family Literacy or Vocational Rehabilitation, describe the steps
the eligible agency will take to ensure equitable access to, and
equitable participation in, projects or activities carried out with the
respective funds by addressing the special needs of student, teachers,
and other program beneficiaries in order to overcome barriers to
equitable participation, including barriers based on gender, race,
color, national origin,
[[Page 19240]]
disability, and age. (Sec. 427(b) General Education Provisions Act.)
J. Professional Development and System Improvement
1. How will your State develop personnel to achieve the performance
indicators for the programs included in your Plan?
In answering the above question, if your Unified Plan includes:
(a) Perkins III:
(i) Describe how comprehensive professional development (including
initial teacher preparation) for vocational and technical, academic,
guidance, and administrative personnel will be provided. (Sec.
122(c)(2).)
(ii) Describe how the eligible agency will provide local
educational agencies, area vocational and technical education schools,
and eligible institutions in the State with technical assistance.
(Sec. 122(c)(14).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i) How will your State build the capacity of Local Boards to
develop and manage high performing local workforce investment system?
(Sec. Sec. 111(d)(2) and 112(b)(14).)
(ii) Local Planning Process--Describe the State mandated
requirements for local workforce areas' strategic planning. What
assistance does the State provide to local areas to facilitate this
process, (Sec. 112(b)(2) and 20 CFR 661.350(a)(13)), including:
What oversight of the local planning process is provided,
including receipt and review of Plans and negotiation of performance
agreements? and
How does the local plan approval process ensure that local
plans are consistent with State performance goals and State strategic
direction?
(iii) Oversight/Monitoring Process--Describe the monitoring and
oversight criteria and procedures the State utilizes to move the system
toward the State's vision and achieve the goals identified above, such
as the use of mystery shoppers, performance agreements. (Sec.
112(b)(14).)
(c) Vocational Rehabilitation, describe the designated State
agency's policies, procedures and activities to establish and maintain
a comprehensive system of personnel development designed to ensure an
adequate supply of qualified State rehabilitation professional and
paraprofessional personnel for the designated State unit pursuant to
section 101(a)(7) of the Act. (Sec. 101(a)(7).)
K. Performance Accountability
Nothing in this guidance shall relieve a State of its
responsibilities to comply with the accountability requirements of WIA
Title I and II and the Carl D. Perkins Vocational and Technical
Education Act of 1998 (Perkins III), including, for example, the
requirements to renegotiate performance levels at statutorily defined
points in the 5-year Unified Plan cycle. The appropriate Secretary will
negotiate adjusted levels of performance with the State for these
programs prior to approving the State Plan.
1. What are the State's performance methodologies, indicators and
goals in measurable, quantifiable terms for each program included in
the Unified Plan and how will each program contribute to achieving
these performance goals? (Performance indicators are generally set out
by each program's statute.) In answering the above question, if your
Unified Plan includes:
(a) Perkins III and Tech-Prep:
(i) Identify and describe the core indicators (Sec.
113(b)(2)(A)(i-iv).), a State level of performance for each core
indicator of performance for the first two program years covered by the
State Plan (Sec. 113(b)(3)(A)(ii).), any additional indicators
identified by the eligible agency (Sec. 113(b)(1)(B).), and a State
level of performance for each additional indicator (Sec.
113(b)(3)(B).)
(ii) Describe how the effectiveness of vocational and technical
education programs will be evaluated annually. (Sec. 122(c)(6).)
(iii) Describe how individuals who are member of special
populations will be provided with programs designed to enable the
special populations to meet or exceed State adjusted levels of
performance, and how it will prepare special populations for further
learning and for high skill, high wage careers. (Sec. 122(c)(8)(C).)
(iv) Describe what steps the eligible agency will take to involve
representatives of eligible recipients in the development of the State
adjusted levels of performance. (Sec. 122(c)(9).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs:
(i) Improved performance and accountability for customer-focused
results are central features of WIA. To improve, States need not only
systems in place to collect data and track performance, but also
systems to analyze the information and modify strategies to improve
performance. (See Training and Employment Guidance Letter (TEGL) 15-03,
Common Measures Policy, December 10, 2003.) In this section, describe
how the State measures the success of its strategies in achieving its
goals, and how the State uses this data to continuously improve the
system.
(i) Describe the State's performance accountability system,
including any State-system measures and the State's performance goals
established with local areas. Identify the performance indicators and
goals the State has established to track its progress toward meeting
its strategic goals and implementing its vision for the workforce
investment system. For each of the core indicators, explain how the
State worked with Local Boards to determine the level of the
performance goals. Include a discussion of how the levels compare with
the State's previous outcomes as well as with the State-adjusted levels
of performance established for other States (if available), taking into
account differences in economic conditions, the characteristics of
participants when they entered the program and the services to be
provided. Include a description of how the levels will help the State
achieve continuous improvement over the two years of the Plan.
(Sec. Sec. 112(b)(3) and 136(b)(3).)
(ii) Describe any targeted applicant groups under WIA title I, the
Wagner-Peyser Act or title 38 chapters 41 and 42 (Veterans Employment
and Training Programs) that the State tracks. (Sec. Sec. 111(d)(2),
112(b)(3) and 136(b)(2)(C).)
(iii) Identify any performance outcomes or measures in addition to
those prescribed by WIA and what process is the State using to track
and report them?
(iv) Describe any actions the Governor and State Board will take to
ensure collaboration with key partners and continuous improvement of
the Statewide workforce investment system. (Sec. Sec. 111(d)(2) and
112(b)(1).)
(v) How do the State and Local Boards evaluate performance? What
corrective actions (including sanctions and technical assistance) will
the State take if performance falls short of expectations? How will the
State and Local Boards use the review process to reinforce the
strategic direction of the system? (Sec. Sec. 111(d)(2), 112(b)(1),
and 112(b)(3).)
(vi) What steps, has the State taken to prepare for implementation
of new reporting requirements against the common performance measures
as described in Training and Employment Guidance Letter (TEGL), 15-03,
December 10, 2003, Common Measures Policy. Note: See TEGL 18-04 which
articulates ETA's plans for future policy guidance on negotiating
performance levels and common measures.
(vii) Include a proposed level for each performance measure for
each of the program years covered by the Plan.
[[Page 19241]]
While the Plan is under review, the State will negotiate with the
respective ETA Regional Administrator to set the appropriate levels for
the next two years. At a minimum, States must identify the performance
indicators required under section 136, and, for each indicator, the
State must develop an objective and quantifiable performance goal for
two program years. States are encouraged to address how the performance
goals for local workforce investment areas and training provides will
help them attain their Statewide performance goals. (Sec. Sec.
112(b)(3) and 136).)
(c) Adult Education and Family Literacy:
(i) Include a description of how the eligible agency will evaluate
annually the effectiveness of the Adult Education and Family Literacy
activities, such as a comprehensive performance accountability system,
based on the performance measures in section 212.
(ii) Identify levels of performance for the core indicators of
performance described in section 212(b)(2)(A) for the first three
program years covered by the Plan (Sec. 212(b)(3)(A)(ii).), and any
additional indicators selected by the eligible agency. (Sec. 212
(b)(2)(B).)
(iii) Describe how such performance measures will be used to ensure
the improvement of Adult Education and Family Literacy activities in
the State or outlying area. (Sec. 224(b)(4).)
(d) Unemployment Insurance:
(i) Submit a Plan to achieve an enhanced goal in service delivery
for areas in which performance is not deficient. Goals may be set at a
State's own initiative or as the result of negotiations initiated by
the Regional Office.
(ii) Identify milestones/intermediate accomplishments that the SWA
will use to monitor progress toward the goals.
(e) TANF, outline how the State intends to establish goals and take
action to prevent and reduce the incidence of out of wedlock
pregnancies, with special emphasis on teenage pregnancies, and
establish numerical goals for reducing the illegitimacy ratio of the
State for calendar years 1996 through 2005. (Sec. 402(a)(1)(A)(v).)
(f) SCSEP: Provisions on performance are set forth in section G.1.
(g)(xxv) of these instructions.
(g) CSBG:
(i) Describe how the State and all eligible entities in the State
will participate in the Results Oriented Management and Accountability
System, a performance measure system pursuant to Section 678E(b) of the
Act, or an alternative system for measuring performance and results
that meets the requirements of that section, and a description of
outcome measures to be used to measure eligible entity performance in
promoting self-sufficiency, family stability, and community
revitalization.
(ii) Describe the standards and procedures that the State will use
to monitor activities carried out in furtherance of the Plan and will
use to ensure long-term compliance with requirements of the programs
involved, including the comprehensive planning requirements. (Sec.
91.330)
2. Has the State developed any common performance goals applicable
to multiple programs? If so, describe the goals and how they were
developed.
L. Data Collection
1. What processes does the State have in place to collect and
validate data to track performance and hold providers/operators/
subgrantees accountable?
In answering the above question, if your Unified Plan includes:
(a) Perkins III and Tech-Prep:
(i) Describe how data will be reported relating to students
participating in vocational and technical education in order to
adequately measure the progress of the students, including special
populations. (Sec. 122(c)(12).)
(ii) Describe how the data reported to the eligible agency from
local educational agencies and eligible institutions under Perkins III
and the data you report to the Secretary are complete, accurate, and
reliable. (Sec. 122(c)(20).)
(b) WIA Title I and Wagner-Peyser Act and/or Veterans Programs,
describe the State's common data system and reporting processes in
place to track progress. Describe what data will be collected from the
various One-Stop partners (beyond that required by DOL), use of
quarterly wage records (including how your State accesses wage
records), and how the Statewide system will have access to the
information needed to continuously improve. (Sec. 112(b)(8)(B).)
(c) Food Stamp Employment & Training, describe how employment and
training data will be compiled and where responsibility for employment
and training reporting is organizationally located at the State level.
Include the department, agency, and telephone number for the person(s)
responsible for both financial and non-financial E&T reporting.
2. What common data elements and reporting systems are in place to
promote integration of Unified Plan activities?
M. Corrective Action
1. Describe the corrective actions the State will take for each
program, as applicable, if performance falls short of expectations.
In answering the above question, if your Unified Plan includes:
(a) Vocational Rehabilitation, include the results of an evaluation
of the effectiveness of the vocational rehabilitation program, and a
report jointly developed with the State Rehabilitation Council (if the
State has a Council) on the progress made in improving effectiveness
from the previous year including:
(i) An evaluation of the extent to which program goals were
achieved and a description of the strategies that contributed to
achieving the goals.
(ii) To the extent the goals were not achieved, a description of
the factors that impeded that achievement.
(iii) An assessment of the performance of the State on the
standards and indicators established pursuant to section 106 of the
Act. (Sec. 101(a)(15)(E)(i).)
(b) Unemployment Insurance, explain the reasons for the areas in
which the State's performance is deficient. If a Corrective Action Plan
was in place the previous fiscal year, provide an explanation of why
the actions contained in that Plan were not successful in improving
performance. Identify steps to improve performance, including an
explanation of why the actions now specified will be more successful.
N. Waiver and Work-Flex Requests
1. Will your State be requesting waivers as a part of this Unified
Plan?
In answering the above question, the following waiver provisions
apply if your Unified Plan includes:
(a) WIA Title I and Wagner-Peyser Act and/or Veterans Programs,
States may submit a Workforce Flexibility (Work-Flex) Plan under WIA
section 192 and/or a General Statutory Waiver Plan under WIA section
189(i) as part of the WIA Title I Plan. These waiver Plans may also be
submitted separately, in which case they must identify related
provisions in the State's Title I Plan. State Waiver Plans should be
developed in accordance with planning requirements at subpart D of 20
CFR part 661.420 and planning guidelines issued by the Department of
Labor.
(b) Vocational Rehabilitation, if a State requests a waiver of the
Statewide requirement identified in assurance number 13 for the
vocational rehabilitation program in Section III of this unified
planning guidance, the
[[Page 19242]]
request must be made in accordance with the provisions of 34 CFR
361.26(b).
IV. Certifications and Assurances
General Certifications and Assurances
By signing the Unified Plan signature page, you are certifying
that:
1. The methods used for joint planning and coordination of the
programs and activities included in the Unified Plan included an
opportunity for the entities responsible for planning or administering
such programs and activities to review and comment on all portions of
the Unified Plan. (WIA, Sec. 501(c)(3)(B).)
In addition, if you submit your Unified Plan by posting it on an
Internet Web site, you are certifying that:
2. The content of the submitted Plan will not be changed after it
is submitted. Plan modifications must be approved by the reviewing
State agency. It is the responsibility of the designated agency to
circulate the modifications among the other agencies that may be
affected by the changes.
In addition, the following certifications and assurances apply to
the extent that the programs and activities are included in your State
Unified Plan.
3. Nonconstruction Programs. By signing the Unified Plan signature
page, you are certifying that:
1. The grantee has filed the Government-wide standard assurances
for nonconstruction programs (SF 424). States can print SF 424 from
http://ocfo.ed.gov/grntinfo/appforms.htm.
EDGAR Certifications, Nonconstruction Programs, Debarment, Drug-Free
Work Place and Lobbying Certifications
You must include the following certifications for each of the State
agencies that administer one of these programs: Perkins III, Tech-Prep,
Adult Education and Literacy or vocational rehabilitation. A State may
satisfy the EDGAR requirement by having all responsible State agency
officials sign a single set of EDGAR certifications.
EDGAR Certifications
By signing the Unified Plan signature page, you are certifying
that:
1. The Plan is submitted by the State agency that is eligible to
submit the Plan. [34 CFR 76.104(a)(1).]
2. The State agency has authority under State law to perform the
functions of the State under the program. [34 CFR 76.104(a)(2)]
3. The State legally may carry out each provision of the Plan. [34
CFR 76.104(a)(3)]
4. All provisions of the Plan are consistent with State law. [34
CFR 76.104(a)(4)]
5. A State officer, specified by title in the certification, has
authority under State law to receive, hold, and disburse Federal funds
made available under the Plan. [34 CFR 76.104(a)(5)]
6. The State officer who submits the Plan, specified by title in
the certification, has authority to submit the Plan. [34 CFR
76.104(a)(6)]
7. The agency that submits the Plan has adopted or otherwise
formally approved the Plan. [34 CFR 76.104(a)(7)]
8. The Plan is the basis for State operation and administration of
the program. [34 CFR 76.104(a)(8)]
9. A copy of the State Plan was submitted into the State
Intergovernmental Review Process. [Executive Order 12372].
Debarment, Drug-Free Work Place, and Lobbying
By signing the Unified Plan signature page, you are certifying
that:
1. The ED grantee has filed ED 80-0013. This form also applies to
AEFLA and RSA. States can print ED 80-0013 from http://ocfo.ed.gov/grntinfo/appforms.htm
.
Perkins III
By signing the Unified Plan signature page, the eligible agency is
certifying that:
1. The State Plan complies with the requirements of title I of
Perkins III and the provisions of the State Plan, including the
provision of a financial audit of funds received under this title which
may be included as part of an audit of other Federal or State programs.
(Sec. 122(c)(10).)
2. None of the funds expended under title I of Perkins III will be
used to acquire equipment (including computer software) in any instance
in which such acquisition results in a direct financial benefit to any
organization representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization. (Sec. 122(c)(11).)
3. Section 501(b)(1) provides that secondary vocational education
programs authorized under Perkins III may only be included in a Unified
Plan ``with the prior approval of the legislature of the State.''
Documentation of this approval is submitted with the Unified Plan.
State legislative approval may be conferred by a resolution adopted by
votes of both houses of your State legislature (unless your State has a
unicameral legislature) on any date following July 28, 1998. The
resolution need not be freestanding; it may be included as an amendment
to other legislation. In either event, the resolution should be
specific and refer to the requirements of section 501(b)(1) and must
clearly differentiate between secondary and postsecondary vocational
education.
WIA Title I/Wagner-Peyser Act/Veterans Programs
By signing the Unified Plan signature page, you are certifying
that:
1. The State assures that it will establish, in accordance with
section 184 of the Workforce Investment Act, fiscal control and fund
accounting procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to the State through
the allotments made under sections 127 and 132. (Sec. 112(b)(11).)
2. The State assures that it will comply with section 184(a)(6),
which requires the Governor to, every two years, certify to the
Secretary, that--
a. the State has implemented the uniform administrative
requirements referred to in section 184(a)(3);
b. the State has annually monitored local areas to ensure
compliance with the uniform administrative requirements as required
under section 184(a)(4); and
c. the State has taken appropriate action to secure compliance
pursuant to section 184(a)(5). (Sec. 184(a)(6).)
3. The State assures that the adult and youth funds received under
the Workforce Investment Act will be distributed equitably throughout
the State, and that no local areas will suffer significant shifts in
funding from year to year during the period covered by this Plan.
(Sec. 112(b)(12)(B).)
4. The State assures that veterans will be afforded employment and
training activities authorized in section 134 of the Workforce
Investment Act, and the activities authorized in chapters 41 and 42 of
title 38 U.S. Code. The State assures that it will comply with the
veterans priority established in the Jobs for Veterans Act. (38 U.S.C.
4215).)
5. The State assures that the Governor shall, once every two years,
certify one Local Board for each local area in the State. (Sec.
117(c)(2).)
6. The State assures that it will comply with the confidentiality
requirements of section 136(f)(3).
7. The State assures that no funds received under the Workforce
Investment Act will be used to assist, promote, or deter union
organizing. (Sec. 181(b)(7).)
8. The State assures that it will comply with the nondiscrimination
provisions of section 188, including an assurance that a Methods of
[[Page 19243]]
Administration has been developed and implemented. (Sec. 188.).
9. The State assures that it will collect and maintain data
necessary to show compliance with the nondiscrimination provisions of
section 188. (Sec. 185.).
10. The State assures that it will comply with the grant procedures
prescribed by the Secretary (pursuant to the authority at section
189(c) of the Act) which are necessary to enter into grant agreements
for the allocation and payment of funds under the Act. The procedures
and agreements will be provided to the State by the ETA Office of
Grants and Contract Management and will specify the required terms and
conditions and assurances and certifications, including, but not
limited to, the following:
a. General Administrative Requirements:
(i) 29 CFR part 97--Uniform Administrative Requirements for State
and Local Governments (as amended by the Act).
(ii) 29 CFR part 96 (as amended by OMB Circular A-133)--Single
Audit Act.
(iii) OMB Circular A-87--Cost Principles (as amended by the Act).
b. Assurances and Certifications:
(i) SF 424 B--Assurances for Non-construction Programs.
(ii) 29 CFR part 37 --Nondiscrimination and Equal Opportunity
Assurance (and regulation) 29 CFR 37.20.
(iii) CFR part 93--Certification Regarding Lobbying (and
regulation).
(iv) 29 CFR part 98--Drug Free Workplace and Debarment and
Suspension Certifications (and regulation).
c. Special Clauses/Provisions:
Other special assurances or provisions as may be required under
Federal law or policy, including specific appropriations legislation,
the Workforce Investment Act, or subsequent Executive or Congressional
mandates.
11. The State certifies that the Wagner-Peyser Act Plan, which is
part of this document, has been certified by the State Employment
Security Administrator.
12. The State certifies that veterans' services provided with
Wagner-Peyser Act funds will be in compliance with 38 U.S.C. chapter 41
and 20 CFR part 1001.
13. The State certifies that Wagner-Peyser Act-funded labor
exchange activities will be provided by merit-based public employees in
accordance with DOL regulations.
14. The State assures that it will comply with the MSFW significant
office requirements in accordance with 20 CFR part 653.
15. The State certifies it has developed this Plan in consultation
with local elected officials, Local Workforce Boards, the business
community, labor organizations and other partners.
16. As a condition to the award of financial assistance from the
Department of Labor under title I of WIA, the grant applicant assures
that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
a. Section 188 of the Workforce Investment Act of 1998 (WIA), which
prohibits discrimination against all individuals in the United States
on the basis of race, color, religion, sex, national origin, age,
disability, political affiliation or belief, and against beneficiaries
on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in
any WIA title I--financially assisted program or activity;
b. Title VI of the Civil Rights Act of 1964, as amended, which
prohibits discrimination on the basis of race, color and national
origin; Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination against qualified individuals with
disabilities;
c. The Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; and
d. Title IX of the Education Amendments of 1972, as amended, which
prohibits discrimination on the basis of sex in educational programs.
e. The grant applicant also assures that it will comply with 29 CFR
part 37 and all other regulations implementing the laws listed above.
This assurance applies to the grant applicant's operation of the WIA
Title I-financially assisted program or activity, and to all agreements
the grant applicant makes to carry out the WIA Title I-financially
assisted program or activity. The grant applicant understands that the
United States has the right to seek judicial enforcement of this
assurance.
17. The State assures that funds will be spent in accordance with
the Workforce Investment Act and the Wagner-Peyser Act and their
regulations, written Department of Labor Guidance implementing these
laws, and all other applicable Federal and State laws.
Adult Education and Family Literacy
By signing the Unified Plan signature page, you are certifying
that:
1. The eligible agency will award not less than one grant to an
eligible provider who offers flexible schedules and necessary support
services (such as child care and transportation) to enable individuals,
including individuals with disabilities, or individuals with other
special needs, to participate in Adult Education and Literacy
activities, which eligible provider shall attempt to coordinate with
support services that are not provided under this subtitle prior to
using funds for Adult Education and Literacy activities provided under
AEFLA for support services. (Sec. 224(b)(5).)
2. The funds received under subtitle A of title II of WIA will not
be expended for any purpose other than for activities under subtitle A
of title II of WIA. (Sec. 224(b)(6).)
3. The eligible agency will expend the funds under subtitle A of
title II of WIA only in a manner consistent with fiscal requirements in
section 241. (Sec. 224(b)(8).)
Food Stamp Employment and Training (FSET)
By signing the Unified Plan signature page, you are certifying
that:
1. Federal funds allocated by the Department of Agriculture to the
State under section 16(h)(1) of the Food Stamp Act of 1977 (the Act),
or provided to the State as reimbursements under Sections 16(h)(2) and
16(h)(3) of the Act will be used only for operating an employment and
training program under section 6(d)(4) of the Act.
2. The State will submit to the Food and Nutrition Service (FNS)
annual updates to its Employment and Training Plan for the coming
fiscal year. The updates are due by August 15 of each year. The annual
update must include any changes the State anticipates making in the
basic structure or operation of its program. At a minimum, the annual
update must contain revisions to Tables 1 (Estimated Participant
Levels), 2 (Estimated E&T Placement Levels), 4 (Operating Budget), and
5 (Funding Categories).
3. If significant changes are to be made to its E&T program during
the fiscal year, the State will submit to FNS a request to modify its
Plan. FNS must approve the modification request before the proposed
change is implemented. The State may be liable for costs associated
with implementation prior to approval. See ``The Handbook on Preparing
State Plans for Food Stamp Employment and Training Programs'' for
additional information.
4. The State will submit a quarterly E&T report, FNS-583. Reports
are due no later than 45 days after the end of each Federal fiscal
quarter. The information required on the FNS-583 is
[[Page 19244]]
listed in Exhibit 3 of the ``The Handbook on Preparing State Plans for
Food Stamp Employment and Training Programs.''
5. The State will submit E&T program financial information on the
SF-269, Financial Status Report. It must include claims for the 100
percent Federal grant, 50 percent matched funding, and participant
reimbursements. The SF-269 is due 30 days after the end of each Federal
fiscal quarter.
6. The State will deliver each component of its E&T program through
the One-Stop delivery system, an inter-connected strategy for providing
comprehensive labor market and occupational information to job seekers,
employers, core services providers, other workforce employment activity
providers, and providers of workforce education activities. If the
component is not available locally through such a system, the State may
use another source.
Vocational Rehabilitation
By signing the Unified Plan signature page, you are certifying
that:
1. As a condition for the receipt Federal funds under title I, part
B of the Rehabilitation Act for the provision of vocational
rehabilitation services, the designated State agency agrees to operate
and administer the State Vocational Rehabilitation Services Program in
accordance with provisions of this title I State Plan, the Act and all
applicable regulations, policies and procedures established by the
Secretary. Funds made available under section 111 of the Act are used
solely for the provision of vocational rehabilitation services under
title I and the administration of the title I State Plan.
2. As a condition of the receipt of Federal funds under title VI,
part B of the Act for supported employment services, the designated
State agency agrees to operate and administer the State Supported
Employment Services Program in accordance with the provisions of the
supplement to this State Plan, the Act, and all applicable regulations,
policies, and procedures established by the Secretary. Funds made
available under title VI, part B are used solely for the provision of
supported employment services and the administration of the supplement
to the title I State Plan.
3. The designated State agency or designated State unit is
authorized to submit this State Plan under title I of the Act and its
supplement under title VI, part B of the Act.
4. The State submits only those policies, procedures, or
descriptions required under this State Plan and its supplement that
have not been previously submitted to and approved by the Commissioner
of the Rehabilitation Services Administration. (Sec. 101(a)(1)(B).)
5. The State submits to the Commissioner at such time and in such
manner as the Secretary determines to be appropriate, reports
containing annual updates of the information relating to the:
comprehensive system of personnel development; assessments, estimates,
goals and priorities, and reports of progress; innovation and expansion
activities; and requirements under title I, part B or title VI, part B
of the Act. (Sec. 101(a)(23).)
6. The State Plan and its supplement are in effect subject to the
submission of such modifications as the State determines to be
necessary or as the Commissioner may require based on a change in State
policy, a change in Federal law, including regulations, an
interpretation of the Act by a Federal court or the highest court of
the State, or a finding by the Commissioner of State noncompliance with
the requirements of the Act, until the State submits and receives
approval of a new State Plan or Plan supplement. (Sec. 101(a)(1)(C).)
7. The State has an acceptable plan for carrying out part B of
title VI of the Act, including the use of funds under that part to
supplement funds made available under part B of title I of the Act to
pay for the cost of services leading to supported employment. (Sec.
101(a)(22).)
8. The designated State agency, prior to the adoption of any
policies or procedures governing the provision of vocational
rehabilitation services under the State Plan and supported employment
services under the supplement to the State Plan, including making any
amendment to such policies and procedures, conducts public meetings
throughout the State after providing adequate notice of the meetings,
to provide the public, including individuals with disabilities, an
opportunity to comment on the policies or procedures, and actively
consults with the Director of the client assistance program, and, as
appropriate, Indian tribes, tribal organizations, and Native Hawaiian
organizations on the policies or procedures. (Sec. 101(a)(16)(A).)
9. The designated State agency takes into account, in connection
with matters of general policy arising in the administration of the
Plan, the views of individuals and groups of individuals who are
recipients of vocational rehabilitation services, or in appropriate
cases, the individual's representatives; personnel working in programs
that provide vocational rehabilitation services to individuals with
disabilities; providers of vocational rehabilitation services to
individuals with disabilities; the Director of the client assistance
program; and the State Rehabilitation Council, if the State has such a
Council. (Sec. 101(a)(16)(B))
10. The designated State agency (or, as appropriate, agencies) is a
State agency that is:
a. ---- primarily concerned with vocational rehabilitation, or
vocational and other rehabilitation, of individuals with disabilities;
or
b. ---- not primarily concerned with vocational rehabilitation, or
vocational and other rehabilitation, of individuals with disabilities,
and includes within the State agency a vocational rehabilitation
bureau, or division, or other organizational unit that: is primarily
concerned with vocational rehabilitation, or vocational and other
rehabilitation, of individuals with disabilities, and is responsible
for the designated State agency's vocational rehabilitation program;
has a full-time director; has a staff, all or substantially all of whom
are employed full time on the rehabilitation work of the organizational
unit; and is located at an organizational level and has an
organizational status within the designated State agency comparable to
that of other major organizational units of the designated State
agency. (Sec. 101(a)(2)(B).)
11. The designated State agency (or, as appropriate, agencies):
a. ---- is an independent commission that is responsible under
State law for operating, or overseeing the operation of, the vocational
rehabilitation program in the State; is consumer-controlled by persons
who are individuals with physical or mental impairments that
substantially limit major life activities; and represent individuals
with a broad range of disabilities, unless the designated State unit
under the direction of the commission is the State agency for
individuals who are blind; includes family members, advocates, or other
representatives, of individuals with mental impairments; and undertakes
the functions set forth in section 105(c)(4) of the Act; or
b. ---- has established a State Rehabilitation Council that meets
the criteria set forth in section 105 of the Act and the designated
State unit: jointly with the Council develops, agrees to, and reviews
annually State goals and priorities, and jointly submits annual reports
of progress with the Council, in accordance with the provisions of
section 101(a)(15) of the Act; regularly consults with the Council
[[Page 19245]]
regarding the development, implementation, and revision of State
policies and procedures of general applicability pertaining to the
provision of vocational rehabilitation services; includes in the State
Plan and in any revision to the State Plan, a summary of input provided
by the Council, including recommendations from the annual report of the
Council described in section 105(c)(5) of the Act, the review and
analysis of consumer satisfaction described in section 105(c)(4), and
other reports prepared by the Council, and the response of the
designated State unit to such input and recommendations, including
explanations for rejecting any input or recommendation; and transmits
to the Council all Plans, reports, and other information required under
this title to be submitted to the Secretary; all policies, and
information on all practices and procedures, of general applicability
provided to or used by rehabilitation personnel in carrying out this
title; and copies of due process hearing decisions issued under this
title, which shall be transmitted in such a manner as to ensure that
the identity of the participants in the hearings is kept confidential.
(Sec. 101(a)(21).)
12. The State provides for financial participation, or if the State
so elects, by the State and local agencies, to provide the amount of
the non-Federal share of the cost of carrying out title I, part B of
the Act. (Sec. 101(a)(3).)
13. The Plan is in effect in all political subdivisions of the
State, except that in the case of any activity that, in the judgment of
the Commissioner, is likely to assist in promoting the vocational
rehabilitation of substantially larger numbers of individuals with
disabilities or groups of individuals with disabilities, the
Commissioner may waive compliance with the requirement that the Plan be
in effect in all political subdivisions of the State to the extent and
for such period as may be provided in accordance with regulations
prescribed by the Commissioner, but only if the non-Federal share of
the cost of the vocational rehabilitation services involved is met from
funds made available by a local agency (including funds contributed to
such agency by a private agency, organization, or individual); and in a
case in which earmarked funds are used toward the non-Federal share and
such funds are earmarked for particular geographic areas within the
State, the earmarked funds may be used in such areas if the State
notifies the Commissioner that the State cannot provide the full non-
Federal share without such funds. (Sec. 101(a)(4).)
14. The State agency employs methods of administration found by the
Commissioner to be necessary for the proper and efficient
administration of the State Plan. (Sec. 101(a)(6)(A).)
15. The designated State agency and entities carrying out community
rehabilitation programs in the State, who are in receipt of assistance
under title I of the Act, take affirmative action to employ and advance
in employment qualified individuals with disabilities covered under and
on the same terms and conditions as set forth in section 503 of the
Act. (Sec. 101(a)(6)(B).)
16. Facilities used in connection with the delivery of services
assisted under the State Plan comply with the provisions of the Act
entitled ``An Act to insure that certain buildings financed with
Federal funds are so designed and constructed as to be accessible to
the physically handicapped,'' approved on August 12, 1968 (commonly
known as the ``Architectural Barriers Act of 1968''), with section 504
of the Act and with the Americans with Disabilities Act of 1990. (Sec.
101(a)(6)(C).)
17. If, under special circumstances, the State Plan includes
provisions for the construction of facilities for community
rehabilitation programs--
a. The Federal share of the cost of construction for the facilities
for a fiscal year will not exceed an amount equal to 10 percent of the
State's allotment under section 110 for such year;
b. The provisions of section 306 (as in effect on the day before
the date of enactment of the Rehabilitation Act Amendments of 1998)
shall be applicable to such construction and such provisions shall be
deemed to apply to such construction; and
c. There shall be compliance with regulations the Commissioner
shall prescribe designed to assure that no State will reduce its
efforts in providing other vocational rehabilitation services (other
than for the establishment of facilities for community rehabilitation
programs) because the Plan includes such provisions for construction.
(Sec. 101(a)(17).)
18. The designated State unit submits, in accordance with section
101(a)(10) of the Act, reports in the form and level of detail and at
the time required by the Commissioner regarding applicants for and
eligible individuals receiving services under the State Plan and the
information submitted in the reports provides a complete count, unless
sampling techniques are used, of the applicants and eligible
individuals in a manner that permits the greatest possible cross-
classification of data and ensures the confidentiality of the identity
of each individual. (Sec. 101(a)(10)(A) and (F).)
19. The designated State agency has the authority to enter into
contracts with for-profit organizations for the purpose of providing,
as vocational rehabilitation services, on-the-job training and related
programs for individuals with disabilities under part A of title VI of
the Act, upon the determination by the designated State agency that
such for-profit organizations are better qualified to provide such
vocational rehabilitation services than non-profit agencies and
organizations. (Sec. 101(a)(24)(A).)
20. The designated State agency has cooperative agreements with
other entities that are components of the Statewide workforce
investment system of the State in accordance with section 101(a)(11)(A)
of the Act and replicates these cooperative agreements at the local
level between individual offices of the designated State unit and local
entities carrying out activities through the Statewide workforce
investment system. (Sec. 101(a)(11)(A) and (B).)
21. The designated State unit, the Statewide Independent Living
Council established under section 705 of the Act, and the independent
living centers described in part C of title VII of the Act within the
State have developed working relationships and coordinate their
activities. (Sec. 101(a)(11)(E).)
22. If there is a grant recipient in the State that receives funds
under part C of the Act, the designated State agency has entered into a
formal agreement that meets the requirements of section 101(a)(11)(F)
of the Act with each grant recipient. (Sec. 101(a)(11)(F).)
23. Except as otherwise provided in part C of title I of the Act,
the designated State unit provides vocational rehabilitation services
to American Indians who are individuals with disabilities residing in
the State to the same extent as the designated State agency provides
such services to other significant populations of individuals with
disabilities residing in the State. (Sec. 101(a)(13).)
24. No duration of residence requirement is imposed that excludes
from services under the Plan any individual who is present in the
State. (Sec. 101(a)(12).)
25. The designated State agency has implemented an information and
referral system that is adequate to ensure that individuals with
disabilities are provided accurate vocational rehabilitation
information and guidance, using appropriate modes of communication, to
assist such individuals in preparing for, securing, retaining, or
regaining employment, and
[[Page 19246]]
are appropriately referred to Federal and State programs, including
other components of the Statewide workforce investment system in the
State. (Sec. 101(a)(20).)
26. In the event that vocational rehabilitation services cannot be
provided to all eligible individuals with disabilities in the State who
apply for the services, individuals with the most significant
disabilities, in accordance with criteria established by the State for
the order of selection, will be selected first for the provision of
vocational rehabilitation services and eligible individuals, who do not
meet the order of selection criteria, shall have access to services
provided through the information and referral system implemented under
section 101(a)(20) of the Act. (Sec. 101(a)(5)(C) and (D).)
27. Applicants and eligible individuals, or, as appropriate, the
applicants' representatives or the individuals' representatives, are
provided information and support services to assist the applicants and
eligible individuals in exercising informed choice throughout the
rehabilitation process, consistent with the provisions of section
102(d) of the Act. (Sec. 101(a)(19).)
28. An individualized plan for employment meeting the requirements
of section 102(b) of the Act will be developed and implemented in a
timely manner for an individual subsequent to the determination of the
eligibility of the individual for services, except that in a State
operating under an order of selection, the Plan will be developed and
implemented only for individuals meeting the order of selection
criteria; services under this Plan will be provided in accordance with
the provisions of the individualized plan for employment. (Sec.
01(a)(9).)
29. Prior to providing any vocational rehabilitation services,
except:
a. Assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including, if appropriate,
an assessment by personnel skilled in rehabilitation technology;
b. Counseling and guidance, including information and support
services to assist an individual in exercising informed choice
consistent with the provisions of section 102(d) of the Act;
c. Referral and other services to secure needed services from other
agencies through agreements developed under section 101(a)(11) of the
Act, if such services are not available under this State Plan;
d. Job-related services, including job search and placement
assistance, job retention services, follow-up services, and follow-
along services;
e. Rehabilitation technology, including telecommunications,
sensory, and other technological aids and devices; and
f. Post-employment services consisting of the services listed under
subparagraphs (a) through (e), to an eligible individual, or to members
of the individual's family, the State unit determines whether
comparable services and benefits exist under any other program and
whether those services and benefits are available to the individual
unless the determination of the availability of comparable services and
benefits under any other program would interrupt or delay:
Progress of the individual toward achieving the employment outcome
identified in the individualized plan for employment;
An immediate job placement; or
Provision of such service to any individual who is determined to be
at extreme medical risk, based on medical evidence provided by an
appropriate qualified medical professional. (Sec. 101(a)(8)(A).)
30. The Governor of the State in consultation with the designated
State vocational rehabilitation agency and other appropriate agencies
ensures that there is an interagency agreement or other mechanism for
interagency coordination that meets the requirements of section
101(a)(8)(B)(i)-(iv) of the Act between any appropriate public entity,
including the State Medicaid program, public institution of higher
education, and a component of the Statewide workforce investment
system, and the designated State unit so as to ensure the provision of
the vocational rehabilitation services identified in section 103(a) of
the Act, other than the services identified as being exempt from the
determination of the availability of comparable services and benefits,
that are included in the individualized plan for employment of an
eligible individual, including the provision of such services during
the pendency of any dispute that may arise in the implementation of the
interagency agreement or other mechanism for interagency coordination.
(Sec. 101(a)(8)(B).)
31. The State agency conducts an annual review and reevaluation of
the status of each individual with a disability served under this State
Plan who has achieved an employment outcome either in an extended
employment setting in a community rehabilitation program or any other
employment under section 14(c) of the Fair Labor Standards Act (29
U.S.C. 214(c)) for 2 years after the achievement of the outcome (and
annually thereafter if requested by the individual or, if appropriate,
the individual's representative), to determine the interests,
priorities, and needs of the individual with respect to competitive
employment or training for competitive employment; provides for the
input into the review and reevaluation, and a signed acknowledgment
that such review and reevaluation have been conducted, by the
individual with a disability, or, if appropriate, the individual's
representative; and makes maximum efforts, including the identification
and provision of vocational rehabilitation services, reasonable
accommodations, and other necessary support services, to assist such
individuals in engaging in competitive employment. (Sec. 101(a)(14).)
32. Funds made available under title VI, part B of the Act will
only be used to provide supported employment services to individuals
who are eligible under this part to receive the services. (Sec.
625(b)(6)(A).)
33. The comprehensive assessments of individuals with significant
disabilities conducted under section 102(b)(1) of the Act and funded
under title I will include consideration of supported employment as an
appropriate employment outcome. (Sec. 625(b)(6)(B).)
34. An individualized plan for employment, as required by section
102 of the Act, will be developed and updated using funds under title I
in order to specify the supported employment services to be provided;
specify the expected extended services needed; and identify the source
of extended services, which may include natural supports, or to the
extent that it is not possible to identify the source of extended
services at the time the individualized plan for employment is
developed, a statement describing the basis for concluding that there
is a reasonable expectation that such sources will become available.
(Sec. 625(b)(6)(C).)
35. The State will use funds provided under title VI, part B only
to supplement, and not supplant, the funds provided under title I, in
providing supported employment services specified in the individualized
plan for employment. (Sec. 625(b)(6)(D).)
36. Services provided under an individualized plan for employment
will be coordinated with services provided under other individualized
plans established under other Federal or State programs. (Sec.
625(b)(6)(E).)
[[Page 19247]]
37. To the extent job skills training is provided, the training
will be provided on site. (Sec. 625(b)(6)(F).)
38. Supported employment services will include placement in an
integrated setting for the maximum number of hours possible based on
the unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of individuals with the
most significant disabilities. (Sec. 625(b)(G).)
39. The State will expend not more than 5 percent of the allotment
of the State under title VI, part B for administrative costs of
carrying out this part. (Sec. 625(b)(7).)
40. The supported employment supplement to the title I State Plan
contains such other information and be submitted in such manner as the
Commissioner of the Rehabilitation Services Administration may require.
(Sec. 625(b)(8).)
Unemployment Insurance
The Governor, by signing the Unified Plan Signature Page, certifies
that:
1. The SWA will comply with the following assurances, and that the
SWA will institute plans or measures to comply with the following
requirements. Because the Signature Page incorporates the assurances by
reference into the Unified Plan, States should not include written
assurances in their Unified Plan submittal. The assurances are
identified and explained in Paragraphs (2)-(11) below.
2. Assurance of Equal Opportunity (EO). As a condition to the award
of financial assistance from ETA:
(a) The State assures that it will comply with the
nondiscrimination provisions of WIA section 188, and its implementing
regulations at 29 CFR part 37, including an assurance that a Method of
Administration has been developed and implemented. (Sec. Sec. 188 and
112(b)(17).);
(b) The State assures that it will collect and maintain data
necessary to show compliance with the nondiscrimination provisions of
section 188, as provided in the regulations implementing that section
(Sec. 185).)
3. Assurance of Administrative Requirements and Allowable Cost
Standards. The SWA will comply with administrative requirements and
cost principles applicable to grants and cooperative agreements as
specified in 20 CFR part 601 (Administrative Procedure), 29 CFR part 93
(Lobbying Prohibitions), 29 CFR part 96 (Audit Requirements), 29 CFR
part 97 (Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments), and OMB Circular A-87
(Revised), 60 FR 26484 (May 17, 1995), further amended at 62 FR 45934
(August 29, 1997) (Cost Principles for State, Local, and Indian Tribal
Governments), and with administrative requirements for debarment and
suspension applicable to subgrants or contracts as specified in 29 CFR
part 98 (Debarment and Suspension). The cost of State staff travel to
regional and national meetings and training sessions is included in the
grant funds. It is assured that State staff will attend mandatory
meetings and training sessions, or unused funds will be returned.
States that have subawards to organizations covered by audit
requirements of OMB Circular A-133 (Revised) (Audit Requirements of
Institutions of Higher Education and Other Non-Profits) must (1) ensure
that such subrecipients meet the requirements of that circular, as
applicable, and (2) resolve audit findings, if any, resulting from such
audits, relating to the UI program.
(a) The SWA also assures that it will comply with the following
specific administrative requirements.
(i). Administrative Requirements.
Program Income. Program income is defined in 29 CFR 97.25 as gross
income received by a grantee or subgrantee directly generated by a
grant supported activity, or earned only as a result of the grant
agreement during the grant period. States may deduct costs incidental
to the generation of UI program income from gross income to determine
net UI program income. UI program income may be added to the funds
committed to the grant by ETA. The program income must be used only as
necessary for the proper and efficient administration of the UI
program. Any rental income or user fees obtained from real property or
equipment acquired with grant funds from prior awards shall be treated
as program income under this grant.
Budget Changes. Except as specified by terms of the specific grant
award, ETA, in accordance with the regulations, waives the requirements
in 29 CFR 97.30(c)(1)(ii) that States obtain prior written approval for
certain types of budget changes.
Real Property Acquired with Reed Act Funds. The requirements for
real property acquired with Reed Act or other non-Federal funds and
amortized with UI grants are in UIPL 39-97, dated September 12, 1997,
and in 29 CFR 97.31 to the extent amortized with UI grants.
Equipment Acquired with Reed Act Funds. The requirements for
equipment acquired with Reed Act or other non-Federal funds and
amortized with UI grants are in UIPL 39-97, dated September 12, 1997,
and in 29 CFR 97.31 to the extent amortized with UI grants.
Real Property, Equipment, and Supplies. Real property, equipment,
and supplies acquired under prior awards are transferred to this award
and are subject to the relevant regulations at 29 CFR part 97.
For super-microcomputer systems and all associated components which
were installed in States for the purpose of Regular Reports, Benefits
Accuracy Measurement, and other UI Activities, the requirements of 29
CFR part 97 apply. The National Office reserves the right to transfer
title and issue disposition instructions in accordance with paragraph
(g) of Federal regulations at 29 CFR 97.32. States also will certify an
inventory list of system components which will be distributed annually
by ETA.
Standard Form 272, Federal Cash Transactions Report. In accordance
with 29 CFR 97.41(c), SESAs are required to submit a separate SF 272
for each sub-account under the Department of Health and Human Services
(DHHS) Payment Management System. However, SESAs are exempt from the
requirement to submit the SF 272A, Continuation Sheet.
(ii). Exceptions and Expansions to Cost Principles. The following
exceptions or expansions to the cost principles of OMB Circular No. A-
87 (Revised) are applicable to SESAs:
--Employee Fringe Benefits. As an exception to OMB Circular A-87
(Revised) with respect to personnel benefit costs incurred on behalf of
SESA employees who are members of fringe benefit plans which do not
meet the requirements of OMB Circular No. A-87 (Revised), Attachment B,
item 11, the costs of employer contributions or expenses incurred for
SESA fringe benefit plans are allowable, provided that:
For retirement plans, all covered employees joined the plan before
October 1, 1983; the plan is authorized by State law; the plan was
previously approved by the Secretary; the plan is insured by a private
insurance carrier which is licensed to operate this type of plan in the
applicable State; and any dividends or similar credits because of
participation in the plan are credited against the next premium falling
due under the contract.
For all SESA fringe benefit plans other than retirement plans, if
the Secretary granted a time extension after October 1, 1983, to the
existing approval
[[Page 19248]]
of such a plan, costs of the plan are allowable until such time as the
plan is comparable in cost and benefits to fringe benefit plans
available to other similarly employed State employees. At such time as
the cost and benefits of an approved fringe benefit plan are equivalent
to the cost and benefits of plans available to other similarly employed
State employees, the time extension will cease and the cited
requirements of OMB Circular A-87 (Revised) will apply. For retirement
plans and all other fringe benefit plans covered above, any additional
costs resulting from improvements to the plans made after October 1,
1983, are not chargeable to UI grant funds.
--UI Claimant's Court Appeals Costs. To the extent authorized by State
law, funds may be expended for reasonable counsel fees and necessary
court costs, as fixed by the court, incurred by the claimant on appeals
to the courts in the following cases:
Any court appeal from an administrative or judicial decision
favorable in whole or in part for the claimant;
Any court appeal by a claimant from a decision which reverses a
prior decision in his/her favor;
Any court appeal by a claimant from a decision denying or reducing
benefits awarded under a prior administrative or judicial decision;
Any court appeal as a result of which the claimant is awarded
benefits;
Any court appeal by a claimant from a decision by a tribunal, board
of review, or court which was not unanimous; and
Any court appeal by a claimant where the court finds that a
reasonable basis exists for the appeal.
Reed Act. Payment from the SESA's UI grant allocations, made into a
State's account in the Unemployment Trust Fund for the purpose of
reducing charges against Reed Act funds (Section 903(c)(2) of the
Social Security Act, as amended (42 U.S.C. 1103(c)(2)), are allowable
costs provided that:
The charges against Reed Act funds were for amounts appropriated,
obligated, and expended for the acquisition of automatic data
processing installations or for the acquisition or major renovation of
State-owned real property (as defined in 29 CFR 97.3); and
With respect to each acquisition or improvement of property, the
payments are accounted for as credit against equivalent amounts of Reed
Act funds previously withdrawn under the respective appropriation.
Prior Approval of Equipment Purchases. As provided for in OMB
Circular No. A-87 (Revised), Attachment B, item 19, the requirement
that grant recipients obtain prior approval from the Federal grantor
agency for all purchases of equipment (as defined in 29 CFR 97.3) is
waived and approval authority is delegated to the SESA Administrator.
4. Assurance of Management Systems, Reporting, and Record Keeping.
The SESA assures that:
--Financial systems provide fiscal control and accounting procedures
sufficient to permit timely preparation of required reports, and the
tracing of funds to a level of expenditure adequate to establish that
funds have not been expended improperly (29 CFR 97.20).)
The financial management system and the program information system
provide Federally-required reports and records that are uniform in
definition, accessible to authorized Federal and State staff, and
verifiable for monitoring, reporting, audit, and evaluation purposes.
It will submit reports to ETA as required in instructions issued by
ETA and in the format ETA prescribes.
The financial management system provides for methods to insure
compliance with the requirements applicable to procurement and grants
as specified in 29 CFR part 98 (Debarment and Suspension), and for
obtaining the required certifications under 29 CFR 98.510(b) regarding
debarment, suspension, ineligibility, and voluntary exclusions for
lower tier covered transactions.
5. Assurance of Program Quality. The SESA assures that it will
administer the UI program in a manner that ensures proper and efficient
administration. ``Proper and efficient administration'' includes
performance measured by ETA through Tier I measures, Tier II measures,
program reviews, and the administration of the UI BAM, BTQ measures,
and TPS program requirements.
6. Assurance on Use of Unobligated Funds. The SESA assures that
non-automation funds will be obligated by December 31 of the following
fiscal year, and liquidated (expended) within 90 days thereafter. ETA
may extend the liquidation date upon written request. Automation funds
must be obligated by the end of the 3rd fiscal year, and liquidated
within 90 days thereafter. ETA may extend the liquidation date upon
written request. Failure to comply with this assurance may result in
disallowed costs from audits or review findings.
7. Assurance of Disaster Recovery Capability. The SESA assures that
it will maintain a Disaster Recovery Plan.
8. Assurance of Conformity and Compliance. The SESA assures that
the State law will conform to, and its administrative practice will
substantially comply with, all Federal UI law requirements, and that it
will adhere to DOL directives.
9. Assurance of Participation in UI PERFORMS. The SESA assures that
it will participate in the annual UI PERFORMS State Quality Service
Planning process by submitting any Corrective Action Plans (CAPs)
required under UI PERFORMS as part of the State Quality Service
Planning process.
10. Assurance of Financial Reports and Planning Forms. The SESA
assures that it will submit financial reports and financial planning
forms as required by the Department of Labor to support the annual
allocation of administrative grants.
11. Assurance of Prohibition of Lobbying Costs (29 CFR part 93).
The SESA assures and certifies that, in accordance with the DOL
Appropriations Act, no UI grant funds will be used to pay salaries or
expenses related to any activity designed to influence legislation or
appropriations pending before the Congress of the United States. (k).
Drug-Free Workplace (29 CFR part 98). The SESA assures and certifies
that it will comply with the requirements at this part.
Temporary Assistance for Needy Families (TANF)
By signing the Unified Plan signature page, you are certifying
that:
1. During the fiscal year, the State will operate a child support
enforcement program under the State Plan approved under part D. (Sec.
402(a)(2).)
2. During the fiscal year, the State will operate a foster care and
adoption assistance program under the State Plan approved under part E,
and that the State will take such actions as are necessary to ensure
that children receiving assistance under such part are eligible for
medical assistance under the State Plan under title XIX. (Sec.
402(a)(3).)
3. Which State agency or agencies will administer and supervise the
TANF program for the fiscal year, which shall include assurances that
local governments and private sector organizations have been consulted
regarding the plan and design of welfare services in the State so that
services are provided in a manner appropriate to local populations; and
have had at least 45 days to submit comments on the Plan and the design
of such services. (Sec. 402(a)(4).)
4. That, during the fiscal year, the State will provide each member
of an Indian tribe, who is domiciled in the
[[Page 19249]]
State and is not eligible for assistance under a tribal family
assistance plan approved under section 412, with equitable access to
Federally-funded assistance under the State's TANF program (Sec.
402(a)(5).)
5. That the State has established and is enforcing standards and
procedures to ensure against program fraud and abuse, including
standards and procedures concerning nepotism, conflicts of interest
among individuals responsible for the administration and supervision of
the State program, kickbacks, and the use of political patronage.
(Sec. 402(a)(6).)
6. (Optional) that the State has established and is enforcing
standards and procedures to:
Screen and identify individuals receiving assistance under this
part with a history of domestic violence while maintaining the
confidentiality of such individuals;
Refer such individuals to counseling and supportive services; and
Waive, pursuant to a determination of good cause, other program
requirements such as time limits (for so long as necessary) for
individuals receiving assistance, residency requirements, child support
cooperation requirements, and family cap provisions, in cases where
compliance with such requirements would make it more difficult for
individuals receiving assistance under this part to escape domestic
violence or unfairly penalize such individuals who are or have been
victimized by such violence, or individuals who are at risk of further
domestic violence. (Sec. 402(a)(7)(A)(i), (ii), (iii).)
Senior Community Service Employment Program (SCSEP)
By signing this Unified Plan you also certify that the State agrees
to meet the requirements of or submit the following documents as
applicable, in addition to the general ETA requirements for receipt of
Federal funds:
General Administrative Requirements:
--29 CFR part 97--Uniform Administrative Requirements for State and
Local Governments (as amended by the Act).
--29 CFR part 96 (as amended by OMB Circular A-133)--Single Audit Act.
--OMB Circular A-87--Cost Principles (as amended by the Act).
Assurances and Certifications:
--SF 424--Application for Federal Assistance.
--SF 424A--Budget Information--Non-construction Programs.
--SF 424 B--Assurances for Non-construction Programs.
--Hatch Act Notices must be placed in all work locations.
--Privacy Statement must be provided to all participants.
--ETA-5140--Quarterly Progress Report.
--ETA-8705--Equitable Distribution Report.
By signing the Unified Plan signature page, you are certifying that
you will abide by the following special clauses:
Web site contact information must be updated on a regular
basis.
Attendance is required at any significant training to be
held during the program year.
Any recipient that did not meet the 20 percent performance
goal for unsubsidized placements in Program Year 2003 or 2004 must
attach a corrective action plan unless the recipient has already
achieved this goal in Program Year 2004 at the time of application.
Community Services Block Grant (CSBG)
By signing the Unified Plan signature page, you are certifying
that:
1. Funds made available through the grant or allotment will be
used--
To support activities that are designed to assist low-income
families and individuals, including families and individuals receiving
assistance under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.), homeless families and individuals, migrant or
seasonal farmworkers, and elderly low-income individuals and families,
and a description of how such activities will enable the families and
individuals--
To remove obstacles and solve problems that block the achievement
of self-sufficiency (including self-sufficiency for families and
individuals who are attempting to transition off a State program
carried out under part A of title IV of the Social Security Act); to
secure and retain meaningful employment;
To attain an adequate education, with particular attention toward
improving literacy skills of the low-income families in the communities
involved, which may include carrying out family literacy initiatives;
To make better use of available income;
To obtain and maintain adequate housing and a suitable living
environment;
To obtain emergency assistance through loans, grants, or other
means to meet immediate and urgent family and individual needs; and to
achieve greater participation in the affairs of the communities
involved, including the development of public and private grassroots
partnerships with local law enforcement agencies, local housing
authorities, private foundations, and other public and private partners
to--
Document best practices based on successful grassroots intervention
in urban areas, to develop methodologies for widespread replication;
and strengthen and improve relationships with local law enforcement
agencies, which may include participation in activities such as
neighborhood or community policing efforts.
2. The needs of youth in low-income communities are being met
through youth development programs that support the primary role of the
family, give priority to the prevention of youth problems and crime,
and promote increased community coordination and collaboration in
meeting the needs of youth, and support development and expansion of
innovative community-based youth development programs that have
demonstrated success in preventing or reducing youth crime, such as--
Programs for the establishment of violence-free zones that would
involve youth development and intervention models (such as models
involving youth mediation, youth mentoring, life skills training, job
creation, and entrepreneurship programs); and
After-school child care programs. There is an effective use of, and
to coordinate, other programs related to the purposes of this subtitle
(including State welfare reform efforts).
3. There is an effective use of, and to coordinate with, other
programs related to the purposes of this subtitle (including State
welfare reform efforts).
4. A description is provided on how the State intends to use
discretionary funds made available from the remainder of the grant or
allotment described in section 675C(b) in accordance with this
subtitle, including a description of how the State will support
innovative community and neighborhood-based initiatives related to the
purposes of this subtitle.
5. Information is provided by eligible entities in the State,
containing--
A description of the service delivery system, for services provided
or coordinated with funds made available through grants made under
Section 675C(a), targeted to low-income individuals and families in
communities within the State;
A description of how linkages will be developed to fill identified
gaps in the services, through the provision of information, referrals,
case management, and follow-up consultations;
A description of how funds made available through grants made under
[[Page 19250]]
section 675C(a) will be coordinated with other public and private
resources; and
A description of how the local entity will use the funds to support
innovative community and neighborhood-based initiatives related to the
purposes of this subtitle, which may include fatherhood initiatives and
other initiatives with the goal of strengthening families and
encouraging effective parenting.
6. Eligible entities in the State will provide, on an emergency
basis, for the provision of such supplies and services, nutritious
foods, and related services, as may be necessary to counteract
conditions of starvation and malnutrition among low-income individuals.
7. The State and the eligible entities in the State will
coordinate, and establish linkages between, governmental and other
social services programs to assure the effective delivery of such
services to low-income individuals and to avoid duplication of such
services, and a description of how the State and the eligible entities
will coordinate the provision of employment and training activities, as
defined in section 101 of such Act, in the State and in communities
with entities providing activities through Statewide and local
workforce investment systems under the Workforce Investment Act of
1998.
8. The State will ensure coordination between antipoverty programs
in each community in the State, and ensure, where appropriate, that
emergency energy crisis intervention programs under title XXVI
(relating to low-income home energy assistance) are conducted in such
community.
9. The State will permit and cooperate with Federal investigations
undertaken in accordance with section 678D.
10. Any eligible entity in the State that received funding in the
previous fiscal year through a community services block grant made
under this subtitle will not have its funding terminated under this
subtitle, or reduced below the proportional share of funding the entity
received in the previous fiscal year unless, after providing notice and
an opportunity for a hearing on the record, the State determines that
cause exists for such termination or such reduction, subject to review
by the Secretary as provided in section 678C(b).
11. The State will require each eligible entity in the State to
establish procedures under which a low-income individual, community
organization, or religious organization, or representative of low-
income individuals that considers its organization, or low-income
individuals, to be inadequately represented on the board (or other
mechanism) of the eligible entity to petition for adequate
representation.
12. The State will require each eligible entity in the State to
establish procedures under which a low-income individual, community
organization, or religious organization, or representative of low-
income individuals that considers its organization, or low-income
individuals, to be inadequately represented on the board (or other
mechanism) of the eligible entity to petition for adequate
representation.
13. The State will secure from each eligible entity in the State,
as a condition to receipt of funding by the entity through a community
services block grant made under this subtitle for a program, a
community action plan (which shall be submitted to the Secretary, at
the request of the Secretary, with the State Plan) that includes a
community-needs assessment for the community served, which may be
coordinated with community-needs assessments conducted for other
programs.
14. The State and all eligible entities in the State will
participate in the Results Oriented Management and Accountability
System, another performance measure system for which the Secretary
facilitated development pursuant to Section 678E(b), or an alternative
system for measuring performance and results that meets the
requirements of that section, and a description of outcome measures to
be used to measure eligible entity performance in promoting self-
sufficiency, family stability, and community revitalization.
15. The information describing how the State will carry out the
assurances is described in this subsection.
Attachment A
ETA Regional Administrators
January 2005
Region 1--Boston/New York
Douglas Small, Regional Administrator, U.S. Department of Labor/ETA,
JFK Federal Building, Room E-350, Boston, Massachusetts 02203, (617)
788-0170, FAX: 617-788-0101, Small.Douglas@dol.gov.
Region 2--Philadelphia
Lenita Jacobs-Simmons, Regional Administrator, U.S. Department of
Labor/ETA, The Curtis Center, 170 South Independence Mall West, Suite
825 East, Philadelphia, Pennsylvania 19106-3315, (215) 861-5205, FAX:
215-861-5260, Jacobs-simmons.lenita@dol.gov.
Region 3--Atlanta
Helen Parker, Regional Administrator, U.S. Department of Labor/ETA,
Atlanta Federal Center Rm. 6M12, 61 Forsyth Street, SW., Atlanta,
Georgia 30303, (404) 562-2092, FAX: 404-562-2149, parker.helen@dol.gov.
Region 4--Dallas/Denver
Joseph C. Juarez, Regional Administrator, U.S. Department of Labor/ETA,
Federal Building, Rm. 317, 525 Griffin Street, Dallas, Texas 75202,
(214) 767-8263, FAX: 214-767-5113, Juarez.joseph@dol.gov.
Region 5--Chicago/Kansas City
Byron Zuidema, Regional Administrator, U.S. Department of Labor/ETA,
230 S. Dearborn Street, Rm. 628, Chicago, Illinois 60604, (312) 596-
5400, FAX: 312-596-5401, Zuidema.byron@dol.gov.
Region 6--San Francisco/Seattle
Richard Trigg, Regional Administrator, U.S. Department of Labor/ETA, 71
Stevenson Street, Rm. 830, San Francisco, California 94119-3767, (415)
975-4610. FAX: 415-975-4612, trigg.richard@dol.gov.
Attachment B
1. Unified Plan Activities and Programs Checklist
Under section 501 of the Workforce Investment Act, the following
activities or programs may be included in a State's Unified Plan. From
the list below, please place a check beside the programs and activities
your State or Commonwealth is including in this Unified Plan.
The State Unified Plan shall cover one or more of the following
programs and activities:
----Secondary vocational education programs (Perkins III/Secondary).
Note that inclusion of this program requires prior approval of State
legislature. (Carl D. Perkins Vocational and Technical Education Act of
1998 (20 U.S.C. 2301 et seq.)
----Postsecondary vocational education programs (Perkins III/
Postsecondary). Note that for the purposes of what the State Unified
Plan shall cover, Perkins III/Secondary and Perkins III/Postsecondary
count as one program. (Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.))
----Activities authorized under title I, Workforce Investment Systems
(Workforce Investment Activities for Adults, Dislocated Workers and
Youth, or WIA title I, and the Wagner-
[[Page 19251]]
Peyser Act) (Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.))
----Activities authorized under title II, Adult Education and Family
Literacy (Adult Education and Family Literacy Programs) (Workforce
Investment Act of 1998 (20 U.S.C. 9201 et seq.))
The State Unified Plan may cover one or more of the following
programs and activities:
----Food Stamp Employment and Training Program, or FSET (7 U.S.C.
2015(d))
----Activities authorized under chapter 2 of title II of the Trade Act
of 1974 (Trade Act Programs) (19 U.S.C. 2271 et seq.)
----Programs authorized under part B of title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 of such Act
(29 U.S.C. 732) (Vocational Rehabilitation)
----Activities authorized under chapters 41 & 42 of title 38, U.S.C.,
and 20 CFR 1001 and 1005 (Veterans Programs, including Veterans
Employment, Disabled Veterans' Outreach Program, and Local Veterans'
Employment Representative Program)
----Programs authorized under State unemployment compensation laws
(Unemployment Insurance) (in accordance with applicable Federal law
which is authorized under title III, title IX and title XII of the
Social Security Act and the Federal Unemployment Tax Act)
----Programs authorized under part A of title IV of the Social Security
Act (Temporary Assistance for Needy Families (TANF).
----Programs authorized under title V of the Older Americans Act of
1965 (Senior Community Service Employment Program (SCSEP).) (42 U.S.C.
3056 et seq.) Training activities funded by the Department of Housing
and Urban Development under the Community Development Block Grants
(CDBG) and Public Housing Programs). Note that programs funded by the
CDBG and Public Housing programs can only be included in your State
Unified Plan if the State is the funds recipient, and approval of the
Unified Plan will not trigger funding for these programs.
----Community Development Block Grants
----Public Housing
----Programs authorized under the Community Services Block Grant Act
(Community Services Block Grant, or CSBG) (42 U.S.C. 9901 et seq.)
2. Contact Information
Please complete one copy for EACH of the separate activities and
programs included in your State Unified Plan.
Program:--------------------------------------------------------------
State Name for Program/Activity:--------------------------------------
Name of Grant Recipient Agency for Program/Activity:------------------
Address:--------------------------------------------------------------
Telephone Number:-----------------------------------------------------
Facsimile Number:-----------------------------------------------------
E-mail Address:-------------------------------------------------------
Name of State Administrative Agency (if different from the Grant
Recipient):------------------------------------------------------------
Address:--------------------------------------------------------------
Telephone Number:-----------------------------------------------------
Facsimile Number:-----------------------------------------------------
E-mail Address:-------------------------------------------------------
Name of Signatory Official:-------------------------------------------
Address:--------------------------------------------------------------
Telephone Number:-----------------------------------------------------
Facsimile Number:-----------------------------------------------------
E-mail Address:-------------------------------------------------------
Name of Liaison:------------------------------------------------------
Address:--------------------------------------------------------------
Telephone Number:-----------------------------------------------------
Facsimile Number:-----------------------------------------------------
E-mail Address:-------------------------------------------------------
3. Plan Signature(s)
Governor (if Applicable)
As the Governor, I certify that for the State/Commonwealth of ----
----, for those activities and programs included in this Plan that are
under my jurisdiction, the agencies and officials designated above
under ``Contact Information'' have been duly designated to represent
the State/Commonwealth in the capacities indicated for the programs and
activities indicated. I will provide subsequent changes in the
designation of officials to the designated program or activity contact
as such changes occur.
I further certify that, for those activities and programs included
in this Plan that are under my jurisdiction, we will operate the
workforce development programs included in this Unified Plan in
accordance with this Unified Plan and the assurances described in
section III of this Unified Plan.
-----------------------------------------------------------------------
Typed Name and Signature of Governor
Date------------------------------------------------------------------
Responsible State Official for Eligible Agency for Vocational Education
(if Applicable)
I certify that for the State/Commonwealth of --------, for those
activities and programs included in this Plan that are under my
jurisdiction, the agencies and officials designated above under
``Contact Information'' have been duly designated to represent the
State/Commonwealth in the capacities indicated for the programs and
activities indicated. I will provide subsequent changes in the
designation of officials to the designated program or activity contact
as such changes occur.
I further certify that, for those activities and programs included
in this Plan that are under my jurisdiction, we will operate the
programs included in this Unified Plan in accordance with this Unified
Plan and the applicable assurances described in section III of this
Unified Plan.
-----------------------------------------------------------------------
Typed Name, Title, and Agency of Responsible State Official for
Vocational Education
Signature-------------------------------------------------------------
Date------------------------------------------------------------------
Responsible State Official for Eligible Agency for Vocational
Rehabilitation (if Applicable)
I certify that for the State/Commonwealth of --------, for those
activities and programs included in this Plan that are under my
jurisdiction, the agencies and officials designated above under
``Contact Information'' have been duly designated to represent the
State/Commonwealth in the capacities indicated for the programs and
activities indicated. I will provide subsequent changes in the
designation of officials to the designated program or activity contact
as such changes occur.
I further certify that we will operate those activities and
programs included in this Unified Plan that are under my jurisdiction
in accordance with this Unified Plan and the assurances described in
section III of this Unified Plan.
-----------------------------------------------------------------------
Typed Name, Title, and Agency of Responsible State Official for
Vocational Rehabilitation
Signature-------------------------------------------------------------
Date------------------------------------------------------------------
Responsible State Official for Eligible Agency for Adult Education (if
Applicable)
I certify that for the State/Commonwealth of --------, for those
activities and programs included in this Plan that are under my
jurisdiction, the agencies and officials designated above under
``Contact Information'' have been duly designated to represent the
State/Commonwealth in the capacities indicated for the programs and
activities indicated. I will provide subsequent changes in the
designation of officials to the designated program or activity contact
as such changes occur.
I further certify that, for those activities and programs included
in this Plan that are under my jurisdiction, we
[[Page 19252]]
will operate the programs included in this Unified Plan in accordance
with this Unified Plan and the applicable assurances described in
Section III of this Unified Plan.
-----------------------------------------------------------------------
Typed Name, Title, and Agency of Responsible State Official for Adult
Education--------------------------------------------------------------
Signature-------------------------------------------------------------
Date------------------------------------------------------------------
[FR Doc. 05-7175 Filed 4-11-05; 8:45 am]
BILLING CODE 4510-30-P