cfr_sections
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103 rows where part_number = 463 and title_number = 34 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 34:34:3.1.1.1.11.1.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | A | Subpart A—Adult Education General Provisions | § 463.1 What is the purpose of the Adult Education and Family Literacy Act? | ED | The purpose of the Adult Education and Family Literacy Act (AEFLA) is to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (a) Assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency; (b) Assist adults who are parents or family members to obtain the education and skills that— (1) Are necessary to becoming full partners in the educational development of their children; and (2) Lead to sustainable improvements in the economic opportunities for their family; (c) Assist adults in attaining a secondary school diploma or its recognized equivalent and in the transition to postsecondary education and training, through career pathways; and (d) Assist immigrants and other individuals who are English language learners in— (1) Improving their— (i) Reading, writing, speaking, and comprehension skills in English; and (ii) Mathematics skills; and (2) Acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship. | |||||
| 34:34:3.1.1.1.11.1.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | A | Subpart A—Adult Education General Provisions | § 463.2 What regulations apply to the Adult Education and Family Literacy Act programs? | ED | The following regulations apply to the Adult Education and Family Literacy Act programs: (a) The following Education Department General Administrative Regulations (EDGAR): (1) 34 CFR part 75 (Direct Grant Programs), except that 34 CFR 75.720(b), regarding the frequency of certain reports, does not apply. (2) 34 CFR part 76 (State-Administered Programs), except that 34 CFR 76.101 (The general State application) does not apply. (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 81 (General Education Provisions Act—Enforcement). (6) 34 CFR part 82 (New Restrictions on Lobbying). (7) 34 CFR part 86 (Drug and Alcohol Prevention). (8) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. (b) The regulations in 34 CFR part 462. (c) The regulations in 34 CFR part 463. | |||||
| 34:34:3.1.1.1.11.1.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | A | Subpart A—Adult Education General Provisions | § 463.3 What definitions apply to the Adult Education and Family Literacy Act programs? | ED | Definitions in the Workforce Innovation and Opportunity Act. The following terms are defined in Sections 3, 134, 203, and 225 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102, 3174, 3272, and 3305): Adult Education Adult Education and Literacy Activities Basic Skills Deficient Career Pathway Core Program Core Program Provision Correctional Institution Criminal Offender Customized Training Eligible Agency Eligible Individual Eligible Provider English Language Acquisition Program English Language Learner Essential Components of Reading Family Literacy Activities Governor Individual with a Barrier to Employment Individual with a Disability Institution of Higher Education Integrated Education and Training Integrated English Literacy and Civics Education Literacy Local Educational Agency On-the-Job Training Outlying Area Postsecondary Educational Institution State Training Services Workplace Adult Education and Literacy Activities Workforce Preparation Activities Adult Education Adult Education and Literacy Activities Basic Skills Deficient Career Pathway Core Program Core Program Provision Correctional Institution Criminal Offender Customized Training Eligible Agency Eligible Individual Eligible Provider English Language Acquisition Program English Language Learner Essential Components of Reading Family Literacy Activities Governor Individual with a Barrier to Employment Individual with a Disability Institution of Higher Education Integrated Education and Training Integrated English Literacy and Civics Education Literacy Local Educational Agency On-the-Job Training Outlying Area Postsecondary Educational Institution State Training Services Workplace Adult Education and Literacy Activities Workforce Preparation Activities Definitions in EDGAR. The following terms are defined in 34 CFR 77.1: Applicant Application Award Budget Budget Period Contract Department … | |||||
| 34:34:3.1.1.1.11.10.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.300 What is the one-stop delivery system? | ED | (a) The one-stop delivery system brings together workforce development, educational, and other human resource services in a seamless customer-focused service delivery network that enhances access to the programs' services and improves long-term employment outcomes for individuals receiving assistance. One-stop partners administer separately funded programs as a set of integrated streamlined services to customers. (b) Title I of the Workforce Innovation and Opportunity Act (WIOA) assigns responsibilities at the local, State, and Federal level to ensure the creation and maintenance of a one-stop delivery system that enhances the range and quality of education and workforce development services that employers and individual customers can access. (c) The system must include at least one comprehensive physical center in each local area as described in § 463.305. (d) The system may also have additional arrangements to supplement the comprehensive center. These arrangements include: (1) An affiliated site or a network of affiliated sites, where one or more partners make programs, services, and activities available, as described in § 463.310; (2) A network of eligible one-stop partners, as described in §§ 463.400 through 463.410, through which each partner provides one or more of the programs, services, and activities that are linked, physically or technologically, to an affiliated site or access point that assures customers are provided information on the availability of career services, as well as other program services and activities, regardless of where they initially enter the public workforce system in the local area; and (3) Specialized centers that address specific needs, including those of dislocated workers, youth, or key industry sectors, or clusters. (e) Required one-stop partner programs must provide access to programs, services, and activities through electronic means if applicable and practicable. This is in addition to providing access to services through the mandatory comprehensive physical one-st… | |||||
| 34:34:3.1.1.1.11.10.1.10 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.420 What are the roles and responsibilities of the required one-stop partners? | ED | Each required partner must: (a) Provide access to its programs or activities through the one-stop delivery system, in addition to any other appropriate locations; (b) Use a portion of funds made available to the partner's program, to the extent consistent with the Federal law authorizing the partner's program and with Federal cost principles in 2 CFR parts 200 and 3474 (requiring, among other things, that costs are allowable, reasonable, necessary, and allocable), to: (1) Provide applicable career services; and (2) Work collaboratively with the State and Local WDBs to establish and maintain the one-stop delivery system. This includes jointly funding the one-stop infrastructure through partner contributions that are based upon: (i) A reasonable cost allocation methodology by which infrastructure costs are charged to each partner based on proportionate use and relative benefit received; (ii) Federal cost principles; and (iii) Any local administrative cost requirements in the Federal law authorizing the partner's program. (This is further described in § 463.700.) (c) Enter into an MOU with the Local WDB relating to the operation of the one-stop delivery system that meets the requirements of § 463.500(b); (d) Participate in the operation of the one-stop delivery system consistent with the terms of the MOU, requirements of authorizing laws, the Federal cost principles, and all other applicable legal requirements; and (e) Provide representation on the State and Local WDBs as required and participate in Board committees as needed. | |||||
| 34:34:3.1.1.1.11.10.1.11 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.425 What are the applicable career services that must be provided through the one-stop delivery system by required one-stop partners? | ED | (a) The applicable career services to be delivered by required one-stop partners are those services listed in § 463.430 that are authorized to be provided under each partner's program. (b) One-stop centers provide services to individual customers based on individual needs, including the seamless delivery of multiple services to individual customers. There is no required sequence of services. | |||||
| 34:34:3.1.1.1.11.10.1.12 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.430 What are career services? | ED | Career services, as identified in sec. 134(c)(2) of WIOA, consist of three types: (a) Basic career services must be made available and, at a minimum, must include the following services, as consistent with allowable program activities and Federal cost principles: (1) Determinations of whether the individual is eligible to receive assistance from the adult, dislocated worker, or youth programs; (2) Outreach, intake (including worker profiling), and orientation to information and other services available through the one-stop delivery system. For the TANF program, States must provide individuals with the opportunity to initiate an application for TANF assistance and non-assistance benefits and services, which could be implemented through the provision of paper application forms or links to the application Web site; (3) Initial assessment of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and supportive services needs; (4) Labor exchange services, including— (i) Job search and placement assistance, and, when needed by an individual, career counseling, including— (A) Provision of information on in-demand industry sectors and occupations (as defined in sec. 3(23) of WIOA); and (B) Provision of information on nontraditional employment; and (ii) Appropriate recruitment and other business services on behalf of employers, including information and referrals to specialized business services other than those traditionally offered through the one-stop delivery system; (5) Provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, when appropriate, other workforce development programs; (6) Provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— (i) Job vacancy listings in labor market areas… | |||||
| 34:34:3.1.1.1.11.10.1.13 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.435 What are the business services provided through the one-stop delivery system, and how are they provided? | ED | (a) Certain career services must be made available to local employers, specifically labor exchange activities and labor market information described in § 463.430(a)(4)(ii) and (a)(6). Local areas must establish and develop relationships and networks with large and small employers and their intermediaries. Local areas also must develop, convene, or implement industry or sector partnerships. (b) Customized business services may be provided to employers, employer associations, or other such organizations. These services are tailored for specific employers and may include: (1) Customized screening and referral of qualified participants in training services to employers; (2) Customized services to employers, employer associations, or other such organizations, on employment-related issues; (3) Customized recruitment events and related services for employers including targeted job fairs; (4) Human resource consultation services, including but not limited to assistance with: (i) Writing/reviewing job descriptions and employee handbooks; (ii) Developing performance evaluation and personnel policies; (iii) Creating orientation sessions for new workers; (iv) Honing job interview techniques for efficiency and compliance; (v) Analyzing employee turnover; (vi) Creating job accommodations and using assistive technologies; or (vii) Explaining labor and employment laws to help employers comply with discrimination, wage/hour, and safety/health regulations; (5) Customized labor market information for specific employers, sectors, industries or clusters; and (6) Other similar customized services. (c) Local areas may also provide other business services and strategies that meet the workforce investment needs of area employers, in accordance with partner programs' statutory requirements and consistent with Federal cost principles. These business services may be provided through effective business intermediaries working in conjunction with the Local WDB, or through the use of economic development, philanthropic, and other… | |||||
| 34:34:3.1.1.1.11.10.1.14 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.440 When may a fee be charged for the business services in this subpart? | ED | (a) There is no requirement that a fee-for-service be charged to employers. (b) No fee may be charged for services provided in § 463.435(a). (c) A fee may be charged for services provided under § 463.435(b) and (c). Services provided under § 463.435(c) may be provided through effective business intermediaries working in conjunction with the Local WDB and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the Local WDB. The Local WDB may examine the services provided compared with the assets and resources available within the local one-stop delivery system and through its partners to determine an appropriate cost structure for services, if any. (d) Any fees earned are recognized as program income and must be expended by the partner in accordance with the partner program's authorizing statute, implementing regulations, and Federal cost principles identified in Uniform Guidance. | |||||
| 34:34:3.1.1.1.11.10.1.15 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.500 What is the Memorandum of Understanding for the one-stop delivery system and what must be included in the Memorandum of Understanding? | ED | (a) The MOU is the product of local discussion and negotiation, and is an agreement developed and executed between the Local WDB and the one-stop partners, with the agreement of the chief elected official and the one-stop partners, relating to the operation of the one-stop delivery system in the local area. Two or more local areas in a region may develop a single joint MOU, if they are in a region that has submitted a regional plan under sec. 106 of WIOA. (b) The MOU must include: (1) A description of services to be provided through the one-stop delivery system, including the manner in which the services will be coordinated and delivered through the system; (2) Agreement on funding the costs of the services and the operating costs of the system, including: (i) Funding of infrastructure costs of one-stop centers in accordance with §§ 463.700 through 463.755; and (ii) Funding of the shared services and operating costs of the one-stop delivery system described in § 463.760; (3) Methods for referring individuals between the one-stop operators and partners for appropriate services and activities; (4) Methods to ensure that the needs of workers, youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in providing access to services, including access to technology and materials that are available through the one-stop delivery system; (5) The duration of the MOU and procedures for amending it; and (6) Assurances that each MOU will be reviewed, and if substantial changes have occurred, renewed, not less than once every 3-year period to ensure appropriate funding and delivery of services. (c) The MOU may contain any other provisions agreed to by the parties that are consistent with WIOA title I, the authorizing statutes and regulations of one-stop partner programs, and the WIOA regulations. (d) When fully executed, the MOU must contain the signatures of the Local WDB, one-stop partners, the chief elected official(s), and the time period in which the agreement is… | |||||
| 34:34:3.1.1.1.11.10.1.16 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.505 Is there a single Memorandum of Understanding for the local area, or must there be different Memoranda of Understanding between the Local Workforce Development Board and each partner? | ED | (a) A single “umbrella” MOU may be developed that addresses the issues relating to the local one-stop delivery system for the Local WDB, chief elected official and all partners. Alternatively, the Local WDB (with agreement of chief elected official) may enter into separate agreements between each partner or groups of partners. (b) Under either approach, the requirements described in § 463.500 apply. Since funds are generally appropriated annually, the Local WDB may negotiate financial agreements with each partner annually to update funding of services and operating costs of the system under the MOU. | |||||
| 34:34:3.1.1.1.11.10.1.17 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.510 How must the Memorandum of Understanding be negotiated? | ED | (a) WIOA emphasizes full and effective partnerships between Local WDBs, chief elected officials, and one-stop partners. Local WDBs and partners must enter into good-faith negotiations. Local WDBs, chief elected officials, and one-stop partners may also request assistance from a State agency responsible for administering the partner program, the Governor, State WDB, or other appropriate parties on other aspects of the MOU. (b) Local WDBs and one-stop partners must establish, in the MOU, how they will fund the infrastructure costs and other shared costs of the one-stop centers. If agreement regarding infrastructure costs is not reached when other sections of the MOU are ready, an interim infrastructure funding agreement may be included instead, as described in § 463.715(c). Once agreement on infrastructure funding is reached, the Local WDB and one-stop partners must amend the MOU to include the infrastructure funding of the one-stop centers. Infrastructure funding is described in detail in §§ 463.700 through 463.760. (c) The Local WDB must report to the State WDB, Governor, and relevant State agency when MOU negotiations with one-stop partners have reached an impasse. (1) The Local WDB and partners must document the negotiations and efforts that have taken place in the MOU. The State WDB, one-stop partner programs, and the Governor may consult with the appropriate Federal agencies to address impasse situations related to issues other than infrastructure funding after attempting to address the impasse. Impasses related to infrastructure cost funding must be resolved using the State infrastructure cost funding mechanism described in § 463.730. (2) The Local WDB must report failure to execute an MOU with a required partner to the Governor, State WDB, and the State agency responsible for administering the partner's program. Additionally, if the State cannot assist the Local WDB in resolving the impasse, the Governor or the State WDB must report the failure to the Secretary of Labor and to the head of any other Fede… | |||||
| 34:34:3.1.1.1.11.10.1.18 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.600 Who may operate one-stop centers? | ED | (a) One-stop operators may be a single entity (public, private, or nonprofit) or a consortium of entities. If the consortium of entities is one of one-stop partners, it must include a minimum of three of the one-stop partners described in § 463.400. (b) The one-stop operator may operate one or more one-stop centers. There may be more than one one-stop operator in a local area. (c) The types of entities that may be a one-stop operator include: (1) An institution of higher education; (2) An Employment Service State agency established under the Wagner-Peyser Act; (3) A community-based organization, nonprofit organization, or workforce intermediary; (4) A private for-profit entity; (5) A government agency; (6) A Local WDB, with the approval of the chief elected official and the Governor; or (7) Another interested organization or entity, which is capable of carrying out the duties of the one-stop operator. Examples may include a local chamber of commerce or other business organization, or a labor organization. (d) Elementary schools and secondary schools are not eligible as one-stop operators, except that a nontraditional public secondary school such as a night school, adult school, or an area career and technical education school may be selected. (e) The State and Local WDBs must ensure that, in carrying out WIOA programs and activities, one-stop operators: (1) Disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers (further discussed in 20 CFR 679.430); (2) Do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term career and training services; and (3) Comply with Federal regulations and procurement policies relating to the calculation and use of profits, including those at 20 CFR 683.295, the Uniform Guidance at 2 CFR part 200, and other applicable regulations and policies. | |||||
| 34:34:3.1.1.1.11.10.1.19 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.605 How is the one-stop operator selected? | ED | (a) Consistent with paragraphs (b) and (c) of this section, the Local WDB must select the one-stop operator through a competitive process, as required by sec. 121(d)(2)(A) of WIOA, at least once every 4 years. A State may require, or a Local WDB may choose to implement, a competitive selection process more than once every 4 years. (b) In instances in which a State is conducting the competitive process described in paragraph (a) of this section, the State must follow the same policies and procedures it uses for procurement with non-Federal funds. (c) All other non-Federal entities, including subrecipients of a State (such as local areas), must use a competitive process based on local procurement policies and procedures and the principles of competitive procurement in the Uniform Guidance set out at 2 CFR 200.318 through 200.326. All references to “noncompetitive proposals” in the Uniform Guidance at 2 CFR 200.320(f) will be read as “sole source procurement” for the purposes of implementing this section. (d) Entities must prepare written documentation explaining the determination concerning the nature of the competitive process to be followed in selecting a one-stop operator. | |||||
| 34:34:3.1.1.1.11.10.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.305 What is a comprehensive one-stop center and what must be provided there? | ED | (a) A comprehensive one-stop center is a physical location where job seeker and employer customers can access the programs, services, and activities of all required one-stop partners. A comprehensive one-stop center must have at least one title I staff person physically present. (b) The comprehensive one-stop center must provide: (1) Career services, described in § 463.430; (2) Access to training services described in 20 CFR 680.200; (3) Access to any employment and training activities carried out under sec. 134(d) of WIOA; (4) Access to programs and activities carried out by one-stop partners listed in §§ 463.400 through 463.410, including the Employment Service program authorized under the Wagner-Peyser Act, as amended by WIOA title III (Wagner-Peyser Act Employment Service program); and (5) Workforce and labor market information. (c) Customers must have access to these programs, services, and activities during regular business days at a comprehensive one-stop center. The Local Workforce Development Board (WDB) may establish other service hours at other times to accommodate the schedules of individuals who work on regular business days. The State WDB will evaluate the hours of access to service as part of the evaluation of effectiveness in the one-stop certification process described in § 463.800(b). (d) “Access” to each partner program and its services means: (1) Having a program staff member physically present at the one-stop center; (2) Having a staff member from a different partner program physically present at the one-stop center appropriately trained to provide information to customers about the programs, services, and activities available through partner programs; or (3) Making available a direct linkage through technology to program staff who can provide meaningful information or services. (i) A “direct linkage” means providing direct connection at the one-stop center, within a reasonable time, by phone or through a real-time Web-based communication to a program staff member who can provide … | |||||
| 34:34:3.1.1.1.11.10.1.20 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.610 When is the sole-source selection of one-stop operators appropriate, and how is it conducted? | ED | (a) States may select a one-stop operator through sole source selection when allowed under the same policies and procedures used for competitive procurement with non-Federal funds, while other non-Federal entities including subrecipients of a State (such as local areas) may select a one-stop operator through sole selection when consistent with local procurement policies and procedures and the Uniform Guidance set out at 2 CFR 200.320. (b) In the event that sole source procurement is determined necessary and reasonable, in accordance with § 463.605(c), written documentation must be prepared and maintained concerning the entire process of making such a selection. (c) Such sole source procurement must include appropriate conflict of interest policies and procedures. These policies and procedures must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflict of interest. (d) A Local WDB may be selected as a one-stop operator through sole source procurement only with agreement of the chief elected official in the local area and the Governor. The Local WDB must establish sufficient conflict of interest policies and procedures and these policies and procedures must be approved by the Governor. | |||||
| 34:34:3.1.1.1.11.10.1.21 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.615 May an entity currently serving as one-stop operator compete to be a one-stop operator under the procurement requirements of this subpart? | ED | (a) Local WDBs may compete for and be selected as one-stop operators, as long as appropriate firewalls and conflict of interest policies and procedures are in place. These policies and procedures must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflict of interest. (b) State and local agencies may compete for and be selected as one-stop operators by the Local WDB, as long as appropriate firewalls and conflict of interest policies and procedures are in place. These policies and procedures must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflict of interest. (c) In the case of single-area States where the State WDB serves as the Local WDB, the State agency is eligible to compete for and be selected as operator as long as appropriate firewalls and conflict of interest policies are in place and followed for the competition. These policies and procedures must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflicts of interest. | |||||
| 34:34:3.1.1.1.11.10.1.22 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.620 What is the one-stop operator's role? | ED | (a) At a minimum, the one-stop operator must coordinate the service delivery of required one-stop partners and service providers. Local WDBs may establish additional roles of one-stop operator, including, but not limited to: Coordinating service providers across the one-stop delivery system, being the primary provider of services within the center, providing some of the services within the center, or coordinating service delivery in a multi-center area, which may include affiliated sites. The competition for a one-stop operator must clearly articulate the role of the one-stop operator. (b)(1) Subject to paragraph (b)(2) of this section, a one-stop operator may not perform the following functions: Convene system stakeholders to assist in the development of the local plan; prepare and submit local plans (as required under sec. 107 of WIOA); be responsible for oversight of itself; manage or significantly participate in the competitive selection process for one-stop operators; select or terminate one-stop operators, career services, and youth providers; negotiate local performance accountability measures; or develop and submit budget for activities of the Local WDB in the local area. (2) An entity serving as a one-stop operator, that also serves a different role within the one-stop delivery system, may perform some or all of these functions when it is acting in its other role, if it has established sufficient firewalls and conflict of interest policies and procedures. The policies and procedures must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflict of interest. | |||||
| 34:34:3.1.1.1.11.10.1.23 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.625 Can a one-stop operator also be a service provider? | ED | Yes, but there must be appropriate firewalls in place in regards to the competition, and subsequent oversight, monitoring, and evaluation of performance of the service provider. The operator cannot develop, manage, or conduct the competition of a service provider in which it intends to compete. In cases where an operator is also a service provider, there must be firewalls and internal controls within the operator-service provider entity, as well as specific policies and procedures at the Local WDB level regarding oversight, monitoring, and evaluation of performance of the service provider. The firewalls must conform to the specifications in 20 CFR 679.430 for demonstrating internal controls and preventing conflicts of interest. | |||||
| 34:34:3.1.1.1.11.10.1.24 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.630 Can State merit staff still work in a one-stop center where the operator is not a governmental entity? | ED | Yes. State merit staff can continue to perform functions and activities in the one-stop center. The Local WDB and one-stop operator must establish a system for management of merit staff in accordance with State policies and procedures. Continued use of State merit staff for the provision of Wagner-Peyser Act services or services from other programs with merit staffing requirements must be included in the competition for and final contract with the one-stop operator when Wagner-Peyser Act services or services from other programs with merit staffing requirements are being provided. | |||||
| 34:34:3.1.1.1.11.10.1.25 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.635 What is the compliance date of the provisions of this subpart? | ED | (a) No later than July 1, 2017, one-stop operators selected under the competitive process described in this subpart must be in place and operating the one-stop center. (b) By November 17, 2016, every Local WDB must demonstrate it is taking steps to prepare for competition of its one-stop operator. This demonstration may include, but is not limited to, market research, requests for information, and conducting a cost and price analysis. | |||||
| 34:34:3.1.1.1.11.10.1.26 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.700 What are the one-stop infrastructure costs? | ED | (a) Infrastructure costs of one-stop centers are nonpersonnel costs that are necessary for the general operation of the one-stop center, including: (1) Rental of the facilities; (2) Utilities and maintenance; (3) Equipment (including assessment-related products and assistive technology for individuals with disabilities); and (4) Technology to facilitate access to the one-stop center, including technology used for the center's planning and outreach activities. (b) Local WDBs may consider common identifier costs as costs of one-stop infrastructure. (c) Each entity that carries out a program or activities in a local one-stop center, described in §§ 463.400 through 463.410, must use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers. These payments must be in accordance with this subpart; Federal cost principles, which require that all costs must be allowable, reasonable, necessary, and allocable to the program; and all other applicable legal requirements. | |||||
| 34:34:3.1.1.1.11.10.1.27 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.705 What guidance must the Governor issue regarding one-stop infrastructure funding? | ED | (a) The Governor, after consultation with chief elected officials, the State WDB, and Local WDBs, and consistent with guidance and policies provided by the State WDB, must develop and issue guidance for use by local areas, specifically: (1) Guidelines for State-administered one-stop partner programs for determining such programs' contributions to a one-stop delivery system, based on such programs' proportionate use of such system, and relative benefit received, consistent with Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, including determining funding for the costs of infrastructure; and (2) Guidance to assist Local WDBs, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure at one-stop centers based on proportionate use and relative benefit received, and consistent with Federal cost principles contained in the Uniform Guidance at 2 CFR part 200. (b) The guidance must include: (1) The appropriate roles of the one-stop partner programs in identifying one-stop infrastructure costs; (2) Approaches to facilitate equitable and efficient cost allocation that results in a reasonable cost allocation methodology where infrastructure costs are charged to each partner based on its proportionate use of the one-stop centers and relative benefit received, consistent with Federal cost principles at 2 CFR part 200; and (3) The timelines regarding notification to the Governor for not reaching local agreement and triggering the State funding mechanism described in § 463.730, and timelines for a one-stop partner to submit an appeal in the State funding mechanism. | |||||
| 34:34:3.1.1.1.11.10.1.28 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.710 How are infrastructure costs funded? | ED | Infrastructure costs are funded either through the local funding mechanism described in § 463.715 or through the State funding mechanism described in § 463.730. | |||||
| 34:34:3.1.1.1.11.10.1.29 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.715 How are one-stop infrastructure costs funded in the local funding mechanism? | ED | (a) In the local funding mechanism, the Local WDB, chief elected officials, and one-stop partners agree to amounts and methods of calculating amounts each partner will contribute for one-stop infrastructure funding, include the infrastructure funding terms in the MOU, and sign the MOU. The local funding mechanism must meet all of the following requirements: (1) The infrastructure costs are funded through cash and fairly evaluated non-cash and third-party in-kind partner contributions and include any funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; (2) Contributions must be negotiated between one-stop partners, chief elected officials, and the Local WDB and the amount to be contributed must be included in the MOU; (3) The one-stop partner program's proportionate share of funding must be calculated in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200 based upon a reasonable cost allocation methodology whereby infrastructure costs are charged to each partner in proportion to its use of the one-stop center, relative to benefits received. Such costs must also be allowable, reasonable, necessary, and allocable; (4) Partner shares must be periodically reviewed and reconciled against actual costs incurred, and adjusted to ensure that actual costs charged to any one-stop partners are proportionate to the use of the one-stop center and relative to the benefit received by the one-stop partners and their respective programs or activities. (b) In developing the section of the MOU on one-stop infrastructure funding described in § 463.755, the Local WDB and chief elected officials will: (1) Ensure that the one-stop partners adhere to the guidance identified in § 463.705 on one-stop delivery system infrastructure costs. (2) Work with one-stop partners to achieve consensus and i… | |||||
| 34:34:3.1.1.1.11.10.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.310 What is an affiliated site and what must be provided there? | ED | (a) An affiliated site, or affiliate one-stop center, is a site that makes available to job seeker and employer customers one or more of the one-stop partners' programs, services, and activities. An affiliated site does not need to provide access to every required one-stop partner program. The frequency of program staff's physical presence in the affiliated site will be determined at the local level. Affiliated sites are access points in addition to the comprehensive one-stop center(s) in each local area. If used by local areas as a part of the service delivery strategy, affiliate sites must be implemented in a manner that supplements and enhances customer access to services. (b) As described in § 463.315, Wagner-Peyser Act employment services cannot be a stand-alone affiliated site. (c) States, in conjunction with the Local WDBs, must examine lease agreements and property holdings throughout the one-stop delivery system in order to use property in an efficient and effective way. Where necessary and appropriate, States and Local WDBs must take expeditious steps to align lease expiration dates with efforts to consolidate one-stop operations into service points where Wagner-Peyser Act employment services are colocated as soon as reasonably possible. These steps must be included in the State Plan. (d) All affiliated sites must be physically and programmatically accessible to individuals with disabilities, as described in 29 CFR part 38, the implementing regulations of WIOA sec. 188. | |||||
| 34:34:3.1.1.1.11.10.1.30 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.720 What funds are used to pay for infrastructure costs in the local one-stop infrastructure funding mechanism? | ED | (a) In the local funding mechanism, one-stop partner programs may determine what funds they will use to pay for infrastructure costs. The use of these funds must be in accordance with the requirements in this subpart, and with the relevant partner's authorizing statutes and regulations, including, for example, prohibitions against supplanting non-Federal resources, statutory limitations on administrative costs, and all other applicable legal requirements. In the case of partners administering programs authorized by title I of WIOA, these infrastructure costs may be considered program costs. In the case of partners administering adult education and literacy programs authorized by title II of WIOA, these funds must include Federal funds made available for the local administration of adult education and literacy programs authorized by title II of WIOA. These funds may also include non-Federal resources that are cash, in-kind or third-party contributions. In the case of partners administering the Carl D. Perkins Career and Technical Education Act of 2006, funds used to pay for infrastructure costs may include funds available for local administrative expenses, non-Federal resources that are cash, in-kind or third-party contributions, and may include other funds made available by the State. (b) There are no specific caps on the amount or percent of overall funding a one-stop partner may contribute to fund infrastructure costs under the local funding mechanism, except that contributions for administrative costs may not exceed the amount available for administrative costs under the authorizing statute of the partner program. However, amounts contributed for infrastructure costs must be allowable and based on proportionate use of the one-stop centers and relative benefit received by the partner program, taking into account the total cost of the one-stop infrastructure as well as alternate financing options, and must be consistent with 2 CFR part 200, including the Federal cost principles. (c) Cash, non-cash, and third-p… | |||||
| 34:34:3.1.1.1.11.10.1.31 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.725 What happens if consensus on infrastructure funding is not reached at the local level between the Local Workforce Development Board, chief elected officials, and one-stop partners? | ED | With regard to negotiations for infrastructure funding for Program Year (PY) 2017 and for each subsequent program year thereafter, if the Local WDB, chief elected officials, and one-stop partners do not reach consensus on methods of sufficiently funding local infrastructure through the local funding mechanism in accordance with the Governor's guidance issued under § 463.705 and consistent with the regulations in §§ 463.715 and 463.720, and include that consensus agreement in the signed MOU, then the Local WDB must notify the Governor by the deadline established by the Governor under § 463.705(b)(3). Once notified, the Governor must administer funding through the State funding mechanism, as described in §§ 463.730 through 463.738, for the program year impacted by the local area's failure to reach consensus. | |||||
| 34:34:3.1.1.1.11.10.1.32 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.730 What is the State one-stop infrastructure funding mechanism? | ED | (a) Consistent with sec. 121(h)(1)(A)(i)(II) of WIOA, if the Local WDB, chief elected official, and one-stop partners in a local area do not reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State funding mechanism is applicable to the local area for that program year. (b) In the State funding mechanism, the Governor, subject to the limitations in paragraph (c) of this section, determines one-stop partner contributions after consultation with the chief elected officials, Local WDBs, and the State WDB. This determination involves: (1) The application of a budget for one-stop infrastructure costs as described in § 463.735, based on either agreement reached in the local area negotiations or the State WDB formula outlined in § 463.745; (2) The determination of each local one-stop partner program's proportionate use of the one-stop delivery system and relative benefit received, consistent with the Uniform Guidance at 2 CFR part 200, including the Federal cost principles, the partner programs' authorizing laws and regulations, and other applicable legal requirements described in § 463.736; and (3) The calculation of required statewide program caps on contributions to infrastructure costs from one-stop partner programs in areas operating under the State funding mechanism as described in § 463.738. (c) In certain situations, the Governor does not determine the infrastructure cost contributions for some one-stop partner programs under the State funding mechanism. (1) The Governor will not determine the contribution amounts for infrastructure funds for Native American program grantees described in 20 CFR part 684. The appropriate portion of funds to be provided by Native American program grantees to pay for one-stop infrastructure must be determined as part of the development of the MOU described in § 463.500 and specified in that MOU. (2) In States in which the policy-making authority is placed in an entity or official that is indepe… | |||||
| 34:34:3.1.1.1.11.10.1.33 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.731 What are the steps to determine the amount to be paid under the State one-stop infrastructure funding mechanism? | ED | (a) To initiate the State funding mechanism, a Local WDB that has not reached consensus on methods of sufficiently funding local infrastructure through the local funding mechanism as provided in § 463.725 must notify the Governor by the deadline established by the Governor under § 463.705(b)(3). (b) Once a Local WDB has informed the Governor that no consensus has been reached: (1) The Local WDB must provide the Governor with local negotiation materials in accordance with § 463.735(a). (2) The Governor must determine the one-stop center budget by either: (i) Accepting a budget previously agreed upon by partner programs in the local negotiations, in accordance with § 463.735(b)(1); or (ii) Creating a budget for the one-stop center using the State WDB formula (described in § 463.745) in accordance with § 463.735(b)(3). (3) The Governor then must establish a cost allocation methodology to determine the one-stop partner programs' proportionate shares of infrastructure costs, in accordance with § 463.736. (4)(i) Using the methodology established under paragraph (b)(2)(ii) of this section, and taking into consideration the factors concerning individual partner programs listed in § 463.737(b)(2), the Governor must determine each partner's proportionate share of the infrastructure costs, in accordance with § 463.737(b)(1), and (ii) In accordance with § 463.730(c), in some instances, the Governor does not determine a partner program's proportionate share of infrastructure funding costs, in which case it must be determined by the entities named in § 463.730(c)(1) and (2). (5) The Governor must then calculate the statewide caps on the amounts that partner programs may be required to contribute toward infrastructure funding, according to the steps found at § 463.738(a)(1) through (4). (6) The Governor must ensure that the aggregate total of the infrastructure contributions according to proportionate share required of all local partner programs in local areas under the State funding mechanism do not exceed the cap fo… | |||||
| 34:34:3.1.1.1.11.10.1.34 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.735 How are infrastructure cost budgets for the one-stop centers in a local area determined in the State one-stop infrastructure funding mechanism? | ED | (a) Local WDBs must provide to the Governor appropriate and relevant materials and documents used in the negotiations under the local funding mechanism, including but not limited to: The local WIOA plan, the cost allocation method or methods proposed by the partners to be used in determining proportionate share, the proposed amounts or budget to fund infrastructure, the amount of total partner funds included, the type of funds or non-cash contributions, proposed one-stop center budgets, and any agreed upon or proposed MOUs. (b)(1) If a local area has reached agreement as to the infrastructure budget for the one-stop centers in the local area, it must provide this budget to the Governor as required by paragraph (a) of this section. If, as a result of the agreed upon infrastructure budget, only the individual programmatic contributions to infrastructure funding based upon proportionate use of the one-stop centers and relative benefit received are at issue, the Governor may accept the budget, from which the Governor must calculate each partner's contribution consistent with the cost allocation methodologies contained in the Uniform Guidance found in 2 CFR part 200, as described in § 463.736. (2) The Governor may also take into consideration the extent to which the partners in the local area have agreed in determining the proportionate shares, including any agreements reached at the local level by one or more partners, as well as any other element or product of the negotiating process provided to the Governor as required by paragraph (a) of this section. (3) If a local area has not reached agreement as to the infrastructure budget for the one-stop centers in the local area, or if the Governor determines that the agreed upon budget does not adequately meet the needs of the local area or does not reasonably work within the confines of the local area's resources in accordance with the Governor's one-stop budget guidance (which is required to be issued by WIOA sec. 121(h)(1)(B) and under § 463.705), then, in accordanc… | |||||
| 34:34:3.1.1.1.11.10.1.35 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.736 How does the Governor establish a cost allocation methodology used to determine the one-stop partner programs' proportionate shares of infrastructure costs under the State one-stop infrastructure funding mechanism? | ED | Once the appropriate budget is determined for a local area through either method described in § 463.735 (by acceptance of a budget agreed upon in local negotiation or by the Governor applying the formula detailed in § 463.745), the Governor must determine the appropriate cost allocation methodology to be applied to the one-stop partners in such local area, consistent with the Federal cost principles permitted under 2 CFR part 200, to fund the infrastructure budget. | |||||
| 34:34:3.1.1.1.11.10.1.36 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.737 How are one-stop partner programs' proportionate shares of infrastructure costs determined under the State one-stop infrastructure funding mechanism? | ED | (a) The Governor must direct the one-stop partners in each local area that have not reached agreement under the local funding mechanism to pay what the Governor determines is each partner program's proportionate share of infrastructure funds for that area, subject to the application of the caps described in § 463.738. (b)(1) The Governor must use the cost allocation methodology—as determined under § 463.736—to determine each partner's proportionate share of the infrastructure costs under the State funding mechanism, subject to considering the factors described in paragraph (b)(2) of this section. (2) In determining each partner program's proportionate share of infrastructure costs, the Governor must take into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers for each partner (such as costs associated with maintaining the Local WDB or information technology systems), as well as the statutory requirements for each partner program, the partner program's ability to fulfill such requirements, and all other applicable legal requirements. The Governor may also take into consideration the extent to which the partners in the local area have agreed in determining the proportionate shares, including any agreements reached at the local level by one or more partners, as well as any other materials or documents of the negotiating process, which must be provided to the Governor by the Local WDB and described in § 463.735(a). | |||||
| 34:34:3.1.1.1.11.10.1.37 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.738 How are statewide caps on the contributions for one-stop infrastructure funding determined in the State one-stop infrastructure funding mechanism? | ED | (a) The Governor must calculate the statewide cap on the contributions for one-stop infrastructure funding required to be provided by each one-stop partner program for those local areas that have not reached agreement. The cap is the amount determined under paragraph (a)(4) of this section, which the Governor derives by: (1) First, determining the amount resulting from applying the percentage for the corresponding one-stop partner program provided in paragraph (d) of this section to the amount of Federal funds provided to carry out the one-stop partner program in the State for the applicable fiscal year; (2) Second, selecting a factor (or factors) that reasonably indicates the use of one-stop centers in the State, applying such factor(s) to all local areas in the State, and determining the percentage of such factor(s) applicable to the local areas that reached agreement under the local funding mechanism in the State; (3) Third, determining the amount resulting from applying the percentage determined in paragraph (a)(2) of this section to the amount determined under paragraph (a)(1) of this section for the one-stop partner program; and (4) Fourth, determining the amount that results from subtracting the amount determined under paragraph (a)(3) of this section from the amount determined under paragraph (a)(1) of this section. The outcome of this final calculation results in the partner program's cap. (b)(1) The Governor must ensure that the funds required to be contributed by each partner program in the local areas in the State under the State funding mechanism, in aggregate, do not exceed the statewide cap for each program as determined under paragraph (a) of this section. (2) If the contributions initially determined under § 463.737 would exceed the applicable cap determined under paragraph (a) of this section, the Governor may: (i) Ascertain if the one-stop partner whose contribution would otherwise exceed the cap determined under paragraph (a) of this section will voluntarily contribute above the capped … | |||||
| 34:34:3.1.1.1.11.10.1.38 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.740 What funds are used to pay for infrastructure costs in the State one-stop infrastructure funding mechanism? | ED | (a) In the State funding mechanism, infrastructure costs for WIOA title I programs, including Native American Programs described in 20 CFR part 684, may be paid using program funds, administrative funds, or both. Infrastructure costs for the Senior Community Service Employment Program under title V of the Older Americans Act (42 U.S.C. 3056 et seq. ) may also be paid using program funds, administrative funds, or both. (b) In the State funding mechanism, infrastructure costs for other required one-stop partner programs (listed in §§ 463.400 through 463.410) are limited to the program's administrative funds, as appropriate. (c) In the State funding mechanism, infrastructure costs for the adult education program authorized by title II of WIOA must be paid from the funds that are available for local administration and may be paid from funds made available by the State or non-Federal resources that are cash, in-kind, or third-party contributions. (d) In the State funding mechanism, infrastructure costs for the Carl D. Perkins Career and Technical Education Act of 2006 must be paid from funds available for local administration of postsecondary level programs and activities to eligible recipients or consortia of eligible recipients and may be paid from funds made available by the State or non-Federal resources that are cash, in-kind, or third-party contributions. | |||||
| 34:34:3.1.1.1.11.10.1.39 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.745 What factors does the State Workforce Development Board use to develop the formula described in Workforce Innovation and Opportunity Act, which is used by the Governor to determine the appropriate one-stop infrastructure budget for each local area operating under the State infrastructure funding mechanism, if no reasonably implementable locally negotiated budget exists? | ED | The State WDB must develop a formula, as described in WIOA sec. 121(h)(3)(B), to be used by the Governor under § 463.735(b)(3) in determining the appropriate budget for the infrastructure costs of one-stop centers in the local areas that do not reach agreement under the local funding mechanism and are, therefore, subject to the State funding mechanism. The formula identifies the factors and corresponding weights for each factor that the Governor must use, which must include: the number of one-stop centers in a local area; the population served by such centers; the services provided by such centers; and any factors relating to the operations of such centers in the local area that the State WDB determines are appropriate. As indicated in § 463.735(b)(1), if the local area has agreed on such a budget, the Governor may accept that budget in lieu of applying the formula factors. | |||||
| 34:34:3.1.1.1.11.10.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.315 Can a stand-alone Wagner-Peyser Act Employment Service office be designated as an affiliated one-stop site? | ED | (a) Separate stand-alone Wagner-Peyser Act Employment Service offices are not permitted under WIOA, as also described in 20 CFR 652.202. (b) If Wagner-Peyser Act employment services are provided at an affiliated site, there must be at least one or more other partners in the affiliated site with a physical presence of combined staff more than 50 percent of the time the center is open. Additionally, the other partner must not be the partner administering local veterans' employment representatives, disabled veterans' outreach program specialists, or unemployment compensation programs. If Wagner-Peyser Act employment services and any of these 3 programs are provided at an affiliated site, an additional partner or partners must have a presence of combined staff in the center more than 50 percent of the time the center is open. | |||||
| 34:34:3.1.1.1.11.10.1.40 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.750 When and how can a one-stop partner appeal a one-stop infrastructure amount designated by the State under the State infrastructure funding mechanism? | ED | (a) The Governor must establish a process, described under sec. 121(h)(2)(E) of WIOA, for a one-stop partner administering a program described in §§ 463.400 through 463.410 to appeal the Governor's determination regarding the one-stop partner's portion of funds to be provided for one-stop infrastructure costs. This appeal process must be described in the Unified State Plan. (b) The appeal may be made on the ground that the Governor's determination is inconsistent with proportionate share requirements in § 463.735(a), the cost contribution limitations in § 463.735(b), the cost contribution caps in § 463.738, consistent with the process described in the State Plan. (c) The process must ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of 20 CFR 683.630. (d) The one-stop partner must submit an appeal in accordance with State's deadlines for appeals specified in the guidance issued under § 463.705(b)(3), or if the State has not set a deadline, within 21 days from the Governor's determination. | |||||
| 34:34:3.1.1.1.11.10.1.41 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.755 What are the required elements regarding infrastructure funding that must be included in the one-stop Memorandum of Understanding? | ED | The MOU, fully described in § 463.500, must contain the following information whether the local areas use either the local one-stop or the State funding method: (a) The period of time in which this infrastructure funding agreement is effective. This may be a different time period than the duration of the MOU. (b) Identification of an infrastructure and shared services budget that will be periodically reconciled against actual costs incurred and adjusted accordingly to ensure that it reflects a cost allocation methodology that demonstrates how infrastructure costs are charged to each partner in proportion to its use of the one-stop center and relative benefit received, and that complies with 2 CFR part 200 (or any corresponding similar regulation or ruling). (c) Identification of all one-stop partners, chief elected officials, and Local WDB participating in the infrastructure funding arrangement. (d) Steps the Local WDB, chief elected officials, and one-stop partners used to reach consensus or an assurance that the local area followed the guidance for the State funding process. (e) Description of the process to be used among partners to resolve issues during the MOU duration period when consensus cannot be reached. (f) Description of the periodic modification and review process to ensure equitable benefit among one-stop partners. | |||||
| 34:34:3.1.1.1.11.10.1.42 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.760 How do one-stop partners jointly fund other shared costs under the Memorandum of Understanding? | ED | (a) In addition to jointly funding infrastructure costs, one-stop partners listed in §§ 463.400 through 463.410 must use a portion of funds made available under their programs' authorizing Federal law (or fairly evaluated in-kind contributions) to pay the additional costs relating to the operation of the one-stop delivery system. These other costs must include applicable career services and may include other costs, including shared services. (b) For the purposes of paragraph (a) of this section, shared services' costs may include the costs of shared services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and business services. Shared operating costs may also include shared costs of the Local WDB's functions. (c) Contributions to the additional costs related to operation of the one-stop delivery system may be cash, non-cash, or third-party in-kind contributions, consistent with how these are described in § 463.720(c). (d) The shared costs described in paragraph (a) of this section must be allocated according to the proportion of benefit received by each of the partners, consistent with the Federal law authorizing the partner's program, and consistent with all other applicable legal requirements, including Federal cost principles in 2 CFR part 200 (or any corresponding similar regulation or ruling) requiring that costs are allowable, reasonable, necessary, and allocable. (e) Any shared costs agreed upon by the one-stop partners must be included in the MOU. | |||||
| 34:34:3.1.1.1.11.10.1.43 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.800 How are one-stop centers and one-stop delivery systems certified for effectiveness, physical and programmatic accessibility, and continuous improvement? | ED | (a) The State WDB, in consultation with chief elected officials and Local WDBs, must establish objective criteria and procedures for Local WDBs to use when certifying one-stop centers. (1) The State WDB, in consultation with chief elected officials and Local WDBs, must review and update the criteria every 2 years as part of the review and modification of State Plans pursuant to § 463.135. (2) The criteria must be consistent with the Governor's and State WDB's guidelines, guidance, and policies on infrastructure funding decisions, described in § 463.705. The criteria must evaluate the one-stop centers and one-stop delivery system for effectiveness, including customer satisfaction, physical and programmatic accessibility, and continuous improvement. (3) When the Local WDB is the one-stop operator as described in 20 CFR 679.410, the State WDB must certify the one-stop center. (b) Evaluations of effectiveness must include how well the one-stop center integrates available services for participants and businesses, meets the workforce development needs of participants and the employment needs of local employers, operates in a cost-efficient manner, coordinates services among the one-stop partner programs, and provides access to partner program services to the maximum extent practicable, including providing services outside of regular business hours where there is a workforce need, as identified by the Local WDB. These evaluations must take into account feedback from one-stop customers. They must also include evaluations of how well the one-stop center ensures equal opportunity for individuals with disabilities to participate in or benefit from one-stop center services. These evaluations must include criteria evaluating how well the centers and delivery systems take actions to comply with the disability-related regulations implementing WIOA sec. 188, set forth at 29 CFR part 38. Such actions include, but are not limited to: (1) Providing reasonable accommodations for individuals with disabilities; (2) Making reason… | |||||
| 34:34:3.1.1.1.11.10.1.44 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.900 What is the common identifier to be used by each one-stop delivery system? | ED | (a) The common one-stop delivery system identifier is “American Job Center.” (b) As of November 17, 2016, each one-stop delivery system must include the “American Job Center” identifier or “a proud partner of the American Job Center network” on all primary electronic resources used by the one-stop delivery system, and on any newly printed, purchased, or created materials. (c) As of July 1, 2017, each one-stop delivery system must include the “American Job Center” identifier or “a proud partner of the American Job Center network” on all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system. (d) One-stop partners, States, or local areas may use additional identifiers on their products, programs, activities, services, facilities, and related property and materials. | |||||
| 34:34:3.1.1.1.11.10.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.320 Are there any requirements for networks of eligible one-stop partners or specialized centers? | ED | Any network of one-stop partners or specialized centers, as described in § 463.300(d)(3), must be connected to the comprehensive one-stop center and any appropriate affiliate one-stop centers, for example, by having processes in place to make referrals to these centers and the partner programs located in them. Wagner-Peyser Act employment services cannot stand alone in a specialized center. Just as described in § 463.315 for an affiliated site, a specialized center must include other programs besides Wagner-Peyser Act employment services, local veterans' employment representatives, disabled veterans' outreach program specialists, and unemployment compensation. | |||||
| 34:34:3.1.1.1.11.10.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.400 Who are the required one-stop partners? | ED | (a) Section 121(b)(1)(B) of WIOA identifies the entities that are required partners in the local one-stop delivery systems. (b) The required partners are the entities responsible for administering the following programs and activities in the local area: (1) Programs authorized under title I of WIOA, including: (i) Adults; (ii) Dislocated workers; (iii) Youth; (iv) Job Corps; (v) YouthBuild; (vi) Native American programs; and (vii) Migrant and seasonal farmworker programs; (2) The Wagner-Peyser Act Employment Service program authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq. ), as amended by WIOA title III; (3) The Adult Education and Family Literacy Act (AEFLA) program authorized under title II of WIOA; (4) The Vocational Rehabilitation (VR) program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), as amended by WIOA title IV; (5) The Senior Community Service Employment Program authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq. ); (6) Career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq. ); (7) Trade Adjustment Assistance activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq. ); (8) Jobs for Veterans State Grants programs authorized under chapter 41 of title 38, U.S.C.; (9) Employment and training activities carried out under the Community Services Block Grant (42 U.S.C. 9901 et seq. ); (10) Employment and training activities carried out by the Department of Housing and Urban Development; (11) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); (12) Programs authorized under sec. 212 of the Second Chance Act of 2007 (42 U.S.C. 17532); and (13) Temporary Assistance for Needy Families (TANF) authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ), unless exempted by … | |||||
| 34:34:3.1.1.1.11.10.1.7 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.405 Is Temporary Assistance for Needy Families a required one-stop partner? | ED | (a) Yes, TANF, authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ), is a required partner. (b) The Governor may determine that TANF will not be a required partner in the State, or within some specific local areas in the State. In this instance, the Governor must notify the Secretaries of the U.S. Departments of Labor and Health and Human Services in writing of this determination. (c) In States, or local areas within a State, where the Governor has determined that TANF is not required to be a partner, local TANF programs may still work in collaboration or partnership with the local one-stop centers to deliver employment and training services to the TANF population unless inconsistent with the Governor's direction. | |||||
| 34:34:3.1.1.1.11.10.1.8 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.410 What other entities may serve as one-stop partners? | ED | (a) Other entities that carry out a workforce development program, including Federal, State, or local programs and programs in the private sector, may serve as additional partners in the one-stop delivery system if the Local WDB and chief elected official(s) approve the entity's participation. (b) Additional partners may include, but are not limited to: (1) Employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under sec. 1148 of the Social Security Act (42 U.S.C. 1320b-19); (2) Employment and training programs carried out by the Small Business Administration; (3) Supplemental Nutrition Assistance Program (SNAP) employment and training programs, authorized under secs. 6(d)(4) and 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)); (4) Client Assistance Program authorized under sec. 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732); (5) Programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq. ); and (6) Other appropriate Federal, State or local programs, including, but not limited to, employment, education, and training programs provided by public libraries or in the private sector. | |||||
| 34:34:3.1.1.1.11.10.1.9 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | J | Subpart J—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 463.415 What entity serves as the one-stop partner for a particular program in the local area? | ED | (a) The entity that carries out the program and activities listed in § 463.400 or § 463.410, and therefore serves as the one-stop partner, is the grant recipient, administrative entity, or organization responsible for administering the funds of the specified program in the local area. The term “entity” does not include the service providers that contract with, or are subrecipients of, the local administrative entity. For programs that do not include local administrative entities, the responsible State agency must be the partner. Specific entities for particular programs are identified in paragraphs (b) through (e) of this section. If a program or activity listed in § 463.400 is not carried out in a local area, the requirements relating to a required one-stop partner are not applicable to such program or activity in that local one-stop delivery system. (b) For title II of WIOA, the entity or agency that carries out the program for the purposes of paragraph (a) of this section is the sole entity or agency in the State or outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area. The State eligible entity or agency may delegate its responsibilities under paragraph (a) of this section to one or more eligible providers or consortium of eligible providers. (c) For the VR program, authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV, the entity that carries out the program for the purposes of paragraph (a) of this section is the designated State agencies or designated State units specified under sec. 101(a)(2) of the Rehabilitation Act that is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities. (d) Under WIOA title I, the national programs, including Job Corps, the Native American program, YouthBuild, and Migrant and Seasonal Farmworker programs are required one-stop partners. The entity for the Native American program, YouthBuil… | |||||
| 34:34:3.1.1.1.11.3.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.20 What is the process that the eligible agency must follow in awarding grants or contracts to eligible providers? | ED | (a) From grant funds made available under section 222(a)(1) of the Act, each eligible agency must award competitive multiyear grants or contracts to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State or outlying area. (b) The eligible agency must require that each eligible provider receiving a grant or contract use the funding to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently. (c) In conducting the competitive grant process, the eligible agency must ensure that— (1) All eligible providers have direct and equitable access to apply and compete for grants or contracts; (2) The same grant or contract announcement and application processes are used for all eligible providers in the State or outlying area; and (3) In awarding grants or contracts to eligible providers for adult education and literacy activities, funds shall not be used for the purpose of supporting or providing programs, services, or activities for individuals who are not eligible individuals as defined in the Act, except that such agency may use such funds for such purpose if such programs, services, or activities are related to family literacy activities. Prior to providing family literacy activities for individuals who are not eligible individuals, an eligible provider shall attempt to coordinate with programs and services that do not receive funding under this title. (d) In awarding grants or contracts for adult education and literacy activities to eligible providers, the eligible agency must consider the following: (1) The degree to which the eligible provider would be responsive to— (i) Regional needs as identified in the local workforce development plan; and (ii) Serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals who—… | |||||
| 34:34:3.1.1.1.11.3.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.21 What processes must be in place to determine the extent to which a local application for grants or contracts to provide adult education and literacy services is aligned with a local plan under section 108 of WIOA? | ED | (a) An eligible agency must establish, within its grant or contract competition, a process that provides for the submission of all applications for funds under AEFLA to the appropriate Local Boards. (b) The process must include— (1) Submission of the applications to the appropriate Local Board for its review for consistency with the local plan within the appropriate timeframe; and (2) An opportunity for the local board to make recommendations to the eligible agency to promote alignment with the local plan. (c) The eligible agency must consider the results of the review by the Local Board in determining the extent to which the application addresses the required considerations in § 463.20. | |||||
| 34:34:3.1.1.1.11.3.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.22 What must be included in the eligible provider's application for a grant or contract? | ED | (a) Each eligible provider seeking a grant or contract must submit an application to the eligible agency containing the information and assurances listed below, as well as any additional information required by the eligible agency, including: (1) A description of how funds awarded under this title will be spent consistent with the requirements of title II of AEFLA; (2) A description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activities; (3) A description of how the eligible provider will provide services in alignment with the local workforce development plan, including how such provider will promote concurrent enrollment in programs and activities under title I, as appropriate; (4) A description of how the eligible provider will meet the State-adjusted levels of performance for the primary indicators of performance identified in the State's Unified or Combined State Plan, including how such provider will collect data to report on such performance indicators; (5) A description of how the eligible provider will fulfill, as appropriate, required one-stop partner responsibilities to— (i) Provide access through the one-stop delivery system to adult education and literacy activities; (ii) Use a portion of the funds made available under the Act to maintain the one-stop delivery system, including payment of the infrastructure costs for the one-stop centers, in accordance with the methods agreed upon by the Local Board and described in the memorandum of understanding or the determination of the Governor regarding State one-stop infrastructure funding; (iii) Enter into a local memorandum of understanding with the Local Board, relating to the operations of the one-stop system; (iv) Participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, and the requirements of the Act; and (v) Provide representation to the State board; (6) A description of ho… | |||||
| 34:34:3.1.1.1.11.3.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.23 Who is eligible to apply for a grant or contract for adult education and literacy activities? | ED | An organization that has demonstrated effectiveness in providing adult education and literacy activities is eligible to apply for a grant or contract. These organizations may include, but are not limited to: (a) A local educational agency; (b) A community-based organization or faith-based organization; (c) A volunteer literacy organization; (d) An institution of higher education; (e) A public or private nonprofit agency; (f) A library; (g) A public housing authority; (h) A nonprofit institution that is not described in any of paragraphs (a) through (g) of this section and has the ability to provide adult education and literacy activities to eligible individuals; (i) A consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of paragraphs (a) through (h) of this section; and (j) A partnership between an employer and an entity described in any of paragraphs (a) through (i) of this section. | |||||
| 34:34:3.1.1.1.11.3.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.24 How must an eligible provider establish that it has demonstrated effectiveness? | ED | (a) For the purposes of this section, an eligible provider must demonstrate past effectiveness by providing performance data on its record of improving the skills of eligible individuals, particularly eligible individuals who have low levels of literacy, in the content domains of reading, writing, mathematics, English language acquisition, and other subject areas relevant to the services contained in the State's application for funds. An eligible provider must also provide information regarding its outcomes for participants related to employment, attainment of secondary school diploma or its recognized equivalent, and transition to postsecondary education and training. (b) There are two ways in which an eligible provider may meet the requirements in paragraph (a) of this section: (1) An eligible provider that has been funded under title II of the Act must provide performance data required under section 116 to demonstrate past effectiveness. (2) An eligible provider that has not been previously funded under title II of the Act must provide performance data to demonstrate its past effectiveness in serving basic skills deficient eligible individuals, including evidence of its success in achieving outcomes listed in paragraph (a) of this section. | |||||
| 34:34:3.1.1.1.11.3.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.25 What are the requirements related to local administrative cost limits? | ED | Not more than five percent of a local grant to an eligible provider can be expended to administer a grant or contract under title II. In cases where five percent is too restrictive to allow for administrative activities, the eligible agency may increase the amount that can be spent on local administration. In such cases, the eligible provider must negotiate with the eligible agency to determine an adequate level of funds to be used for non-instructional purposes. | |||||
| 34:34:3.1.1.1.11.3.1.7 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | C | Subpart C—How Does a State Make an Award to Eligible Providers? | § 463.26 What activities are considered local administrative costs? | ED | An eligible provider receiving a grant or contract under this part may consider costs incurred in connection with the following activities to be administrative costs: (a) Planning; (b) Administration, including carrying out performance accountability requirements; (c) Professional development; (d) Providing adult education and literacy services in alignment with local workforce plans, including promoting co-enrollment in programs and activities under title I, as appropriate; and (e) Carrying out the one-stop partner responsibilities described in § 678.420, including contributing to the infrastructure costs of the one-stop delivery system. | |||||
| 34:34:3.1.1.1.11.4.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.30 What are adult education and literacy programs, activities, and services? | ED | The term “adult education and literacy activities” means programs, activities, and services that include: (a) Adult education, (b) Literacy, (c) Workplace adult education and literacy activities, (d) Family literacy activities, (e) English language acquisition activities, (f) Integrated English literacy and civics education, (g) Workforce preparation activities, or (h) Integrated education and training. | |||||
| 34:34:3.1.1.1.11.4.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.31 What is an English language acquisition program? | ED | The term “English language acquisition program” means a program of instruction— (a) That is designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (b) That leads to— (1) Attainment of a secondary school diploma or its recognized equivalent; and (2) Transition to postsecondary education and training; or (3) Employment. | |||||
| 34:34:3.1.1.1.11.4.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.32 How does a program that is intended to be an English language acquisition program meet the requirement that the program leads to attainment of a secondary school diploma or its recognized equivalent and transition to postsecondary education and training or leads to employment? | ED | To meet the requirement in § 463.31(b) a program of instruction must: (a) Have implemented State adult education content standards that are aligned with State-adopted challenging academic content standards, as adopted under the Elementary and Secondary Education Act of 1965, as amended (ESEA) as described in the State's Unified or Combined State Plan and as evidenced by the use of a State or local curriculum, lesson plans, or instructional materials that are aligned with the State adult education content standards; or (b) Offer educational and career counseling services that assist an eligible individual to transition to postsecondary education or employment; or (c) Be part of a career pathway. | |||||
| 34:34:3.1.1.1.11.4.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.33 What are integrated English literacy and civics education services? | ED | (a) Integrated English literacy and civics education services are education services provided to English language learners who are adults, including professionals with degrees or credentials in their native countries, that enable such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. (b) Integrated English literacy and civics education services must include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation and may include workforce training. | |||||
| 34:34:3.1.1.1.11.4.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.34 What are workforce preparation activities? | ED | Workforce preparation activities include activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in: (a) Utilizing resources; (b) Using information; (c) Working with others; (d) Understanding systems; (e) Skills necessary for successful transition into and completion of postsecondary education or training, or employment; and (f) Other employability skills that increase an individual's preparation for the workforce. | |||||
| 34:34:3.1.1.1.11.4.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.35 What is integrated education and training? | ED | The term “integrated education and training” refers to a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. | |||||
| 34:34:3.1.1.1.11.4.1.7 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.36 What are the required components of an integrated education and training program funded under title II? | ED | An integrated education and training program must include three components: (a) Adult education and literacy activities as described in § 463.30. (b) Workforce preparation activities as described in § 463.34. (c) Workforce training for a specific occupation or occupational cluster which can be any one of the training services defined in section 134(c)(3)(D) of the Act. | |||||
| 34:34:3.1.1.1.11.4.1.8 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.37 How does a program providing integrated education and training under title II meet the requirement that the three required components be “integrated”? | ED | In order to meet the requirement that the adult education and literacy activities, workforce preparation activities, and workforce training be integrated, services must be provided concurrently and contextually such that— (a) Within the overall scope of a particular integrated education and training program, the adult education and literacy activities, workforce preparation activities, and workforce training: (1) Are each of sufficient intensity and quality, and based on the most rigorous research available, particularly with respect to improving reading, writing, mathematics, and English proficiency of eligible individuals; (2) Occur simultaneously; and (3) Use occupationally relevant instructional materials. (b) The integrated education and training program has a single set of learning objectives that identifies specific adult education content, workforce preparation activities, and workforce training competencies, and the program activities are organized to function cooperatively. | |||||
| 34:34:3.1.1.1.11.4.1.9 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | D | Subpart D—What Are Adult Education and Literacy Activities? | § 463.38 How does a program providing integrated education and training under title II meet the requirement that the integrated education and training program be “for the purpose of educational and career advancement”? | ED | A provider meets the requirement that the integrated education and training program provided is for the purpose of educational and career advancement if: (a) The adult education component of the program is aligned with the State's content standards for adult education as described in the State's Unified or Combined State Plan; and (b) The integrated education and training program is part of a career pathway. | |||||
| 34:34:3.1.1.1.11.6.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | F | Subpart F—What are Programs for Corrections Education and the Education of Other Institutionalized Individuals? | § 463.60 What are programs for Corrections Education and the Education of other Institutionalized Individuals? | ED | (a) Authorized under section 225 of the Act, programs for corrections education and the education of other institutionalized individuals require each eligible agency to carry out corrections education and education for other institutionalized individuals using funds provided under section 222 of the Act. (b) The funds described in paragraph (a) of this section must be used for the cost of educational programs for criminal offenders in correctional institutions and other institutionalized individuals, including academic programs for— (1) Adult education and literacy activities; (2) Special education, as determined by the eligible agency; (3) Secondary school credit; (4) Integrated education and training; (5) Career pathways; (6) Concurrent enrollment; (7) Peer tutoring; and (8) Transition to re-entry initiatives and other post-release-services with the goal of reducing recidivism. | |||||
| 34:34:3.1.1.1.11.6.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | F | Subpart F—What are Programs for Corrections Education and the Education of Other Institutionalized Individuals? | § 463.61 How does the eligible agency award funds to eligible providers under the program for Corrections Education and Education of other Institutionalized Individuals? | ED | (a) States may award up to 20 percent of the 82.5 percent of the funds made available by the Secretary for local grants and contracts under section 231 of the Act for programs for corrections education and the education of other institutionalized individuals. (b) The State must make awards to eligible providers in accordance with subpart C. | |||||
| 34:34:3.1.1.1.11.6.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | F | Subpart F—What are Programs for Corrections Education and the Education of Other Institutionalized Individuals? | § 463.62 What is the priority for programs that receive funding through programs for Corrections Education and Education of other Institutionalized Individuals? | ED | Each eligible agency using funds provided under Programs for Corrections Education and Education of Other Institutionalized Individuals to carry out a program for criminal offenders within a correctional institution must give priority to programs serving individuals who are likely to leave the correctional institution within five years of participation in the program. | |||||
| 34:34:3.1.1.1.11.6.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | F | Subpart F—What are Programs for Corrections Education and the Education of Other Institutionalized Individuals? | § 463.63 How may funds under programs for Corrections Education and Education of other Institutionalized Individuals be used to support transition to re-entry initiatives and other post-release services with the goal of reducing recidivism? | ED | Funds under Programs for Corrections Education and the Education of Other Institutionalized Individuals may be used to support educational programs for transition to re-entry initiatives and other post-release services with the goal of reducing recidivism. Such use of funds may include educational counseling or case work to support incarcerated individuals' transition to re-entry and other post-release services. Examples include assisting incarcerated individuals to develop plans for post-release education program participation, assisting students in identifying and applying for participation in post-release programs, and performing direct outreach to community-based program providers on behalf of re-entering students. Such funds may not be used for costs for participation in post-release programs or services. | |||||
| 34:34:3.1.1.1.11.7.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.70 What is the Integrated English Literacy and Civics Education program? | ED | (a) The Integrated English Literacy and Civics Education program refers to the use of funds provided under section 243 of the Act for education services for English language learners who are adults, including professionals with degrees and credentials in their native countries. (b) The Integrated English Literacy and Civics Education program delivers educational services as described in § 463.33. (c) Such educational services must be delivered in combination with integrated education and training activities as described in § 463.36. | |||||
| 34:34:3.1.1.1.11.7.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.71 How does the Secretary make an award under the Integrated English Literacy and Civics Education program? | ED | (a) The Secretary awards grants under the Integrated English Literacy and Civics Education program to States that have an approved Unified State Plan in accordance with § 463.90 through § 463.145, or an approved Combined State Plan in accordance with § 463.90 through § 463.145. (b) The Secretary allocates funds to States following the formula described in section 243(b) of the Act. (1) Sixty-five percent is allocated on the basis of a State's need for integrated English literacy and civics education, as determined by calculating each State's share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and (2) Thirty-five percent is allocated on the basis of whether the State experienced growth, as measured by the average of the three most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (3) No State receives an allotment less than $60,000. | |||||
| 34:34:3.1.1.1.11.7.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.72 How does the eligible agency award funds to eligible providers for the Integrated English Literacy and Civics Education program? | ED | States must award funds for the Integrated English Literacy and Civics Education program to eligible providers in accordance with subpart C. | |||||
| 34:34:3.1.1.1.11.7.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.73 What are the requirements for eligible providers that receive funding through the Integrated English Literacy and Civics Education program? | ED | Eligible providers receiving funds through the Integrated English Literacy and Civics Education program must provide services that— (a) Include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation; and (b) Are designed to: (1) Prepare adults who are English language learners for, and place such adults in, unsubsidized employment in in-demand industries and occupations that lead to economic self-sufficiency; and (2) Integrate with the local workforce development system and its functions to carry out the activities of the program. | |||||
| 34:34:3.1.1.1.11.7.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.74 How does an eligible provider that receives funds through the Integrated English Literacy and Civics Education program meet the requirement to use funds for Integrated English Literacy and Civics Education in combination with integrated education and training activities? | ED | An eligible provider that receives funds through the Integrated English Literacy and Civics Education program may meet the requirement to use funds for integrated English literacy and civics education in combination with integrated education and training activities by: (a) Co-enrolling participants in integrated education and training as described in subpart D of this part that is provided within the local or regional workforce development area from sources other than section 243 of the Act; or (b) Using funds provided under section 243 of the Act to support integrated education and training activities as described in subpart D of this part. | |||||
| 34:34:3.1.1.1.11.7.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | G | Subpart G—What Is the Integrated English Literacy and Civics Education Program? | § 463.75 Who is eligible to receive education services through the Integrated English Literacy and Civics Education program? | ED | Individuals who otherwise meet the definition of “eligible individual” and are English language learners, including professionals with degrees and credentials obtained in their native countries, may receive Integrated English Literacy and Civics Education services. | |||||
| 34:34:3.1.1.1.11.8.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.100 What are the purposes of the Unified and Combined State Plans? | ED | (a) The Unified and Combined State Plans provide the framework for States to outline a strategic vision of, and goals for, how their workforce development systems will achieve the purposes of the Workforce Innovation and Opportunity Act (WIOA). (b) The Unified and Combined State Plans serve as 4-year action plans to develop, align, and integrate the State's systems and provide a platform to achieve the State's vision and strategic and operational goals. A Unified or Combined State Plan is intended to: (1) Align, in strategic coordination, the six core programs required in the Unified State Plan pursuant to § 463.105(b), and additional Combined State Plan partner programs that may be part of the Combined State Plan pursuant to § 463.140; (2) Direct investments in economic, education, and workforce training programs to focus on providing relevant education and training to ensure that individuals, including youth and individuals with barriers to employment, have the skills to compete in the job market and that employers have a ready supply of skilled workers; (3) Apply strategies for job-driven training consistently across Federal programs; and (4) Enable economic, education, and workforce partners to build a skilled workforce through innovation in, and alignment of, employment, training, and education programs. | |||||
| 34:34:3.1.1.1.11.8.1.10 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.143 What is the development, submission, and approval process of the Combined State Plan? | ED | (a) For purposes of § 463.140(a), if a State chooses to develop a Combined State Plan it must submit the Combined State Plan in accordance with the requirements described below and sec. 103 of WIOA, as explained in the joint planning guidelines issued by the Secretaries of Labor and Education. (b) The Combined State Plan must be developed with the assistance of the State WDB, as required by 20 CFR 679.130(a) and WIOA sec. 101(d), and must be developed in coordination with administrators with optimum policy-making authority for the core programs and required one-stop partners. (c) The State must provide an opportunity for public comment on and input into the development of the Combined State Plan prior to its submission. (1) The opportunity for public comment for the portions of the Combined State Plan that cover the core programs must include an opportunity for comment by representatives of Local WDBs and chief elected officials, businesses, representatives of labor organizations, community-based organizations, adult education providers, institutions of higher education, other stakeholders with an interest in the services provided by the six core programs, and the general public, including individuals with disabilities. (2) Consistent with the “Sunshine Provision” of WIOA in sec. 101(g), the State WDB must make information regarding the Combined State Plan available to the public through electronic means and regularly occurring open meetings in accordance with State law. The Combined State Plan must describe the State's process and timeline for ensuring a meaningful opportunity for public comment on the portions of the plan covering core programs. (3) The portions of the plan that cover the Combined State Plan partner programs are subject to any public comment requirements applicable to those programs. (d) The State must submit to the Secretaries of Labor and Education and to the Secretary of the agency with responsibility for approving the program's plan or deeming it complete under the law governing the p… | |||||
| 34:34:3.1.1.1.11.8.1.11 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.145 What are the requirements for modifications of the Combined State Plan? | ED | (a) For the core program portions of the Combined State Plan, modifications are required, at a minimum: (1) By the end of the first 2-year period of any 4-year State Plan. The State WDB must review the Combined State Plan, and the Governor must submit modifications to the Combined State Plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the Combined State Plan; (2) When changes in Federal or State law or policy substantially affect the strategies, goals, and priorities upon which the Combined State Plan is based; (3) When there are changes in the statewide vision, strategies, policies, State negotiated levels of performance as described in § 463.170(b), the methodology used to determine local allocation of funds, reorganizations that change the working relationship with system employees, changes in organizational responsibilities, changes to the membership structure of the State WDB or alternative entity, and similar substantial changes to the State's workforce development system. (b) In addition to the required modification review described in paragraph (a)(1) of this section, a State may submit a modification of its Combined State Plan at any time during the 4-year period of the plan. (c) For any Combined State Plan partner programs and activities described in § 463.140(d) that are included in a State's Combined State Plan, the State— (1) May decide if the modification requirements under WIOA sec. 102(c)(3) that apply to the core programs will apply to the Combined State Plan partner programs, as long as consistent with any other modification requirements for the programs, or may comply with the requirements applicable to only the particular program or activity; and (2) Must submit, in accordance with the procedure described in § 463.143, any modification, amendment, or revision required by the Federal law authorizing, or applicable to, the Combined State Plan partner program or activity. (i) If the underlying programmatic requirements change… | |||||
| 34:34:3.1.1.1.11.8.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.105 What are the general requirements for the Unified State Plan? | ED | (a) The Unified State Plan must be submitted in accordance with § 463.130 and WIOA sec. 102(c), as explained in joint planning guidelines issued by the Secretaries of Labor and Education. (b) The Governor of each State must submit, at a minimum, in accordance with § 463.130, a Unified State Plan to the Secretary of Labor to be eligible to receive funding for the workforce development system's six core programs: (1) The adult, dislocated worker, and youth programs authorized under subtitle B of title I of WIOA and administered by the U.S. Department of Labor (DOL); (2) The Adult Education and Family Literacy Act (AEFLA) program authorized under title II of WIOA and administered by the U.S. Department of Education (ED); (3) The Employment Service program authorized under the Wagner-Peyser Act of 1933, as amended by WIOA title III and administered by DOL; and (4) The Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by title IV of WIOA and administered by ED. (c) The Unified State Plan must outline the State's 4-year strategy for the core programs described in paragraph (b) of this section and meet the requirements of sec. 102(b) of WIOA, as explained in the joint planning guidelines issued by the Secretaries of Labor and Education. (d) The Unified State Plan must include strategic and operational planning elements to facilitate the development of an aligned, coordinated, and comprehensive workforce development system. The Unified State Plan must include: (1) Strategic planning elements that describe the State's strategic vision and goals for preparing an educated and skilled workforce under sec. 102(b)(1) of WIOA. The strategic planning elements must be informed by and include an analysis of the State's economic conditions and employer and workforce needs, including education and skill needs. (2) Strategies for aligning the core programs and Combined State Plan partner programs as described in § 463.140(d), as well as other resources available to the S… | |||||
| 34:34:3.1.1.1.11.8.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.110 What are the program-specific requirements in the Unified State Plan for the adult, dislocated worker, and youth programs authorized under Workforce Innovation and Opportunity Act title I? | ED | The program-specific requirements for the adult, dislocated worker, and youth programs that must be included in the Unified State Plan are described in sec. 102(b)(2)(D) of WIOA. Additional planning requirements may be explained in joint planning guidelines issued by the Secretaries of Labor and Education. | |||||
| 34:34:3.1.1.1.11.8.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.115 What are the program-specific requirements in the Unified State Plan for the Adult Education and Family Literacy Act program authorized under Workforce Innovation and Opportunity Act title II? | ED | The program-specific requirements for the AEFLA program in title II that must be included in the Unified State Plan are described in secs. 102(b)(2)(C) and 102(b)(2)(D)(ii) of WIOA. (a) With regard to the description required in sec. 102(b)(2)(D)(ii)(I) of WIOA pertaining to content standards, the Unified State Plan must describe how the eligible agency will, by July 1, 2016, align its content standards for adult education with State-adopted challenging academic content standards under the Elementary and Secondary Education Act of 1965, as amended. (b) With regard to the description required in sec. 102(b)(2)(C)(iv) of WIOA pertaining to the methods and factors the State will use to distribute funds under the core programs, for title II of WIOA, the Unified State Plan must include— (1) How the eligible agency will award multi-year grants on a competitive basis to eligible providers in the State; and (2) How the eligible agency will provide direct and equitable access to funds using the same grant or contract announcement and application procedure. | |||||
| 34:34:3.1.1.1.11.8.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.120 What are the program-specific requirements in the Unified State Plan for the Employment Service program authorized under the Wagner-Peyser Act, as amended by Workforce Innovation and Opportunity Act title III? | ED | The Employment Service program authorized under the Wagner-Peyser Act of 1933, as amended by WIOA title III, is subject to requirements in sec. 102(b) of WIOA, including any additional requirements imposed by the Secretary of Labor under secs. 102(b)(2)(C)(viii) and 102(b)(2)(D)(iv) of WIOA, as explained in joint planning guidelines issued by the Secretaries of Labor and Education. | |||||
| 34:34:3.1.1.1.11.8.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.125 What are the program-specific requirements in the Unified State Plan for the State Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by Workforce Innovation and Opportunity Act title IV? | ED | The program specific-requirements for the vocational rehabilitation services portion of the Unified or Combined State Plan are set forth in sec. 101(a) of the Rehabilitation Act of 1973, as amended. All submission requirements for the vocational rehabilitation services portion of the Unified or Combined State Plan are in addition to the jointly developed strategic and operational content requirements prescribed by sec. 102(b) of WIOA. | |||||
| 34:34:3.1.1.1.11.8.1.7 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.130 What is the development, submission, and approval process of the Unified State Plan? | ED | (a) The Unified State Plan described in § 463.105 must be submitted in accordance with WIOA sec. 102(c), as explained in joint planning guidelines issued jointly by the Secretaries of Labor and Education. (b) A State must submit its Unified State Plan to the Secretary of Labor pursuant to a process identified by the Secretary. (1) The initial Unified State Plan must be submitted no later than 120 days prior to the commencement of the second full program year of WIOA. (2) Subsequent Unified State Plans must be submitted no later than 120 days prior to the end of the 4-year period covered by a preceding Unified State Plan. (3) For purposes of paragraph (b) of this section, “program year” means July 1 through June 30 of any year. (c) The Unified State Plan must be developed with the assistance of the State WDB, as required by 20 CFR 679.130(a) and WIOA sec. 101(d), and must be developed in coordination with administrators with optimum policy-making authority for the core programs and required one-stop partners. (d) The State must provide an opportunity for public comment on and input into the development of the Unified State Plan prior to its submission. (1) The opportunity for public comment must include an opportunity for comment by representatives of Local WDBs and chief elected officials, businesses, representatives of labor organizations, community-based organizations, adult education providers, institutions of higher education, other stakeholders with an interest in the services provided by the six core programs, and the general public, including individuals with disabilities. (2) Consistent with the “Sunshine Provision” of WIOA in sec. 101(g), the State WDB must make information regarding the Unified State Plan available to the public through electronic means and regularly occurring open meetings in accordance with State law. The Unified State Plan must describe the State's process and timeline for ensuring a meaningful opportunity for public comment. (e) Upon receipt of the Unified State Plan from t… | |||||
| 34:34:3.1.1.1.11.8.1.8 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.135 What are the requirements for modification of the Unified State Plan? | ED | (a) In addition to the required modification review set forth in paragraph (b) of this section, a Governor may submit a modification of its Unified State Plan at any time during the 4-year period of the plan. (b) Modifications are required, at a minimum: (1) At the end of the first 2-year period of any 4-year State Plan, wherein the State WDB must review the Unified State Plan, and the Governor must submit modifications to the plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the Unified State Plan; (2) When changes in Federal or State law or policy substantially affect the strategies, goals, and priorities upon which the Unified State Plan is based; (3) When there are changes in the statewide vision, strategies, policies, State negotiated levels of performance as described in § 463.170(b), the methodology used to determine local allocation of funds, reorganizations that change the working relationship with system employees, changes in organizational responsibilities, changes to the membership structure of the State WDB or alternative entity, and similar substantial changes to the State's workforce development system. (c) Modifications to the Unified State Plan are subject to the same public review and comment requirements in § 463.130(d) that apply to the development of the original Unified State Plan. (d) Unified State Plan modifications must be approved by the Secretaries of Labor and Education, based on the approval standards applicable to the original Unified State Plan under § 463.130. This approval must come after the approval of the Commissioner of the Rehabilitation Services Administration for modification of any portion of the plan described in sec. 102(b)(2)(D)(iii) of WIOA. | |||||
| 34:34:3.1.1.1.11.8.1.9 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | H | Subpart H—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 463.140 What are the general requirements for submitting a Combined State Plan? | ED | (a) A State may choose to develop and submit a 4-year Combined State Plan in lieu of the Unified State Plan described in §§ 463.105 through 463.125. (b) A State that submits a Combined State Plan covering an activity or program described in paragraph (d) of this section that is, in accordance with WIOA sec. 103(c), approved or deemed complete under the law relating to the program will not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described under paragraph (d) of this section that are covered by the Combined State Plan. (c) If a State develops a Combined State Plan, it must be submitted in accordance with the process described in § 463.143. (d) If a State chooses to submit a Combined State Plan, the plan must include the six core programs and one or more of the Combined State Plan partner programs and activities described in sec. 103(a)(2) of WIOA. The Combined State Plan partner programs and activities that may be included in the Combined State Plan are: (1) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq. ); (2) Temporary Assistance for Needy Families or TANF, authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ); (3) Employment and training programs authorized under sec. 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)); (4) Work programs authorized under sec. 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)); (5) Trade adjustment assistance activities under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq. ); (6) Services for veterans authorized under chapter 41 of title 38 United States Code; (7) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); (8) Senior Community Service Employment Programs under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 e… | |||||
| 34:34:3.1.1.1.11.9.1.1 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.150 What definitions apply to Workforce Innovation and Opportunity Act performance accountability provisions? | ED | (a) Participant. A reportable individual who has received services other than the services described in paragraph (a)(3) of this section, after satisfying all applicable programmatic requirements for the provision of services, such as eligibility determination. (1) For the Vocational Rehabilitation (VR) program, a participant is a reportable individual who has an approved and signed Individualized Plan for Employment (IPE) and has begun to receive services. (2) For the Workforce Innovation and Opportunity Act (WIOA) title I youth program, a participant is a reportable individual who has satisfied all applicable program requirements for the provision of services, including eligibility determination, an objective assessment, and development of an individual service strategy, and received 1 of the 14 WIOA youth program elements identified in sec. 129(c)(2) of WIOA. (3) The following individuals are not participants: (i) Individuals in an Adult Education and Family Literacy Act (AEFLA) program who have not completed at least 12 contact hours; (ii) Individuals who only use the self-service system. (A) Subject to paragraph (a)(3)(ii)(B) of this section, self-service occurs when individuals independently access any workforce development system program's information and activities in either a physical location, such as a one-stop center resource room or partner agency, or remotely via the use of electronic technologies. (B) Self-service does not uniformly apply to all virtually accessed services. For example, virtually accessed services that provide a level of support beyond independent job or information seeking on the part of an individual would not qualify as self-service. (iii) Individuals who receive information-only services or activities, which provide readily available information that does not require an assessment by a staff member of the individual's skills, education, or career objectives. (4) Programs must include participants in their performance calculations. (b) Reportable individual. An ind… | |||||
| 34:34:3.1.1.1.11.9.1.10 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.195 What should States expect when a sanction is applied to the Governor's Reserve Allotment? | ED | (a) The Secretaries of Labor and Education will reduce the Governor's Reserve Allotment by five percent of the maximum available amount for the immediately succeeding program year if: (1) The State fails to submit the State annual performance reports as required under WIOA sec. 116(d)(2), as defined in § 463.185; (2) The State fails to meet State adjusted levels of performance for the same primary performance indicator(s) under either § 463.190(d)(1) for the second consecutive year as defined in § 463.190; or (3) The State's score on the same indicator for the same program falls below 50 percent under § 463.190(d)(2) for the second consecutive year as defined in § 463.190. (b) If the State fails under paragraphs (a)(1) and either (a)(2) or (3) of this section in the same program year, the Secretaries of Labor and Education will reduce the Governor's Reserve Allotment by 10 percent of the maximum available amount for the immediately succeeding program year. (c) If a State's Governor's Reserve Allotment is reduced: (1) The reduced amount will not be returned to the State in the event that the State later improves performance or submits its annual performance report; and (2) The Governor's Reserve will continue to be set at the reduced level in each subsequent year until the Secretary of Labor or the Secretary of Education, depending on which program is impacted, determines that the State met the State adjusted levels of performance for the applicable primary performance indicators and has submitted all of the required performance reports. (d) A State may request review of a sanction the Secretary of Labor imposes in accordance with the provisions of 20 CFR 683.800. | |||||
| 34:34:3.1.1.1.11.9.1.11 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.200 What other administrative actions will be applied to States' performance requirements? | ED | (a) In addition to sanctions for failure to report or failure to meet adjusted levels of performance, States will be subject to administrative actions in the case of poor performance. (b) States' performance achievement on the individual primary indicators will be assessed in addition to the overall State program score and overall State indicator score. Based on this assessment, as clarified and explained in guidance, for performance on any individual primary indicator, the Secretary of Labor or the Secretary of Education will require the State to establish a performance risk plan to address continuous improvement on the individual primary indicator. | |||||
| 34:34:3.1.1.1.11.9.1.12 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.205 What performance indicators apply to local areas and what information must be included in local area performance reports? | ED | (a) Each local area in a State under WIOA title I is subject to the same primary indicators of performance for the core programs for WIOA title I under § 463.155(a)(1) and (c) that apply to the State. (b) In addition to the indicators described in paragraph (a) of this section, under § 463.165, the Governor may apply additional indicators of performance to local areas in the State. (c) States must annually make local area performance reports available to the public using a template that the Departments of Labor and Education will disseminate in guidance, including by electronic means. The State must provide electronic access to the public local area performance report in its annual State performance report. (d) The local area performance report must include: (1) The actual results achieved under § 463.155 and the information required under § 463.160(a); (2) The percentage of a local area's allotment under WIOA secs. 128(b) and 133(b) that the local area spent on administrative costs; and (3) Other information that facilitates comparisons of programs with programs in other local areas (or planning regions if the local area is part of a planning region). (e) The disaggregation of data for the local area performance report must be done in compliance with WIOA sec. 116(d)(6)(C). (f) States must comply with any requirements from sec. 116(d)(3) of WIOA as explained in guidance, including the use of the performance reporting template, issued by DOL. | |||||
| 34:34:3.1.1.1.11.9.1.13 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.210 How are local performance levels established? | ED | (a) The objective statistical adjustment model required under sec. 116(b)(3)(A)(viii) of WIOA and described in § 463.170(c) must be: (1) Applied to the core programs' primary indicators upon availability of data which are necessary to populate the model and apply the model to the local core programs; (2) Used in order to reach agreement on local negotiated levels of performance for the upcoming program year; and (3) Used to establish adjusted levels of performance at the end of a program year based on actual conditions, consistent with WIOA sec. 116(c)(3). (b) Until all indicators for the core program in a local area have at least 2 years of complete data, the comparison of the actual results achieved to the adjusted levels of performance for each of the primary indicators only will be applied where there are at least 2 years of complete data for that program. (c) The Governor, Local Workforce Development Board (WDB), and chief elected official must reach agreement on local negotiated levels of performance based on a negotiations process before the start of a program year with the use of the objective statistical model described in paragraph (a) of this section. The negotiations will include a discussion of circumstances not accounted for in the model and will take into account the extent to which the levels promote continuous improvement. The objective statistical model will be applied at the end of the program year based on actual economic conditions and characteristics of the participants served. (d) The negotiations process described in paragraph (c) of this section must be developed by the Governor and disseminated to all Local WDBs and chief elected officials. (e) The Local WDBs may apply performance measures to service providers that differ from the performance indicators that apply to the local area. These performance measures must be established after considering: (1) The established local negotiated levels; (2) The services provided by each provider; and (3) The populations the service provide… | |||||
| 34:34:3.1.1.1.11.9.1.14 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.215 Under what circumstances are local areas eligible for State Incentive Grants? | ED | (a) The Governor is not required to award local incentive funds, but is authorized to provide incentive grants to local areas for performance on the primary indicators of performance consistent with WIOA sec. 134(a)(3)(A)(xi). (b) The Governor may use non-Federal funds to create incentives for the Local WDBs to implement pay-for-performance contract strategies for the delivery of training services described in WIOA sec. 134(c)(3) or activities described in WIOA sec. 129(c)(2) in the local areas served by the Local WDBs. Pay-for-performance contract strategies must be implemented in accordance with 20 CFR part 683, subpart E and § 463.160. | |||||
| 34:34:3.1.1.1.11.9.1.15 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.220 Under what circumstances may a corrective action or sanction be applied to local areas for poor performance? | ED | (a) If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 for the primary indicators of performance in the adult, dislocated worker, and youth programs authorized under WIOA title I in any program year, technical assistance must be provided by the Governor or, upon the Governor's request, by the Secretary of Labor. (1) A State must establish the threshold for failure to meet adjusted levels of performance for a local area before coming to agreement on the negotiated levels of performance for the local area. (i) A State must establish the adjusted level of performance for a local area, using the statistical adjustment model described in § 463.170(c). (ii) At least 2 years of complete data on any indicator for any local core program are required in order to establish adjusted levels of performance for a local area. (2) The technical assistance may include: (i) Assistance in the development of a performance improvement plan; (ii) The development of a modified local or regional plan; or (iii) Other actions designed to assist the local area in improving performance. (b) If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 for the same primary indicators of performance for the same core program authorized under WIOA title I for a third consecutive program year, the Governor must take corrective actions. The corrective actions must include the development of a reorganization plan under which the Governor: (1) Requires the appointment and certification of a new Local WDB, consistent with the criteria established under 20 CFR 679.350; (2) Prohibits the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or (3) Takes such other significant actions as the Governor determines are appropriate. | |||||
| 34:34:3.1.1.1.11.9.1.16 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.225 Under what circumstances may local areas appeal a reorganization plan? | ED | (a) The Local WDB and chief elected official for a local area that is subject to a reorganization plan under WIOA sec. 116(g)(2)(A) may appeal to the Governor to rescind or revise the reorganization plan not later than 30 days after receiving notice of the reorganization plan. The Governor must make a final decision within 30 days after receipt of the appeal. (b) The Local WDB and chief elected official may appeal the final decision of the Governor to the Secretary of Labor not later than 30 days after receiving the decision from the Governor. Any appeal of the Governor's final decision must be: (1) Appealed jointly by the Local WDB and chief elected official to the Secretary of Labor under 20 CFR 683.650; and (2) Must be submitted by certified mail, return receipt requested, to the Secretary of Labor, U.S. Department of Labor, 200 Constitution Ave. NW., Washington DC 20210, Attention: ASET. A copy of the appeal must be simultaneously provided to the Governor. (c) Upon receipt of the joint appeal from the Local WDB and chief elected official, the Secretary of Labor must make a final decision within 30 days. In making this determination the Secretary of Labor may consider any comments submitted by the Governor in response to the appeals. (d) The decision by the Governor on the appeal becomes effective at the time it is issued and remains effective unless the Secretary of Labor rescinds or revises the reorganization plan under WIOA sec. 116(g)(2)(C). | |||||
| 34:34:3.1.1.1.11.9.1.17 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.230 What information is required for the eligible training provider performance reports? | ED | (a) States are required to make available and publish annually using a template the Departments of Labor and Education will disseminate including through electronic means, the ETP performance reports for ETPs who provide services under sec. 122 of WIOA that are described in 20 CFR 680.400 through 680.530. These reports at a minimum must include, consistent with § 463.175 and with respect to each program of study that is eligible to receive funds under WIOA: (1) The total number of participants as defined by § 463.150(a) who received training services under the adult and dislocated worker programs authorized under WIOA title I for the most recent year and the 3 preceding program years, including: (i) The number of participants under the adult and dislocated worker programs disaggregated by barriers to employment; (ii) The number of participants under the adult and dislocated worker programs disaggregated by race, ethnicity, sex, and age; (iii) The number of participants under the adult and dislocated worker programs disaggregated by the type of training entity for the most recent program year and the 3 preceding program years; (2) The total number of participants who exit a program of study or its equivalent, including disaggregate counts by the type of training entity during the most recent program year and the 3 preceding program years; (3) The average cost-per-participant for participants who received training services for the most recent program year and the 3 preceding program years disaggregated by type of training entity; (4) The total number of individuals exiting from the program of study (or the equivalent) with respect to all individuals engaging in the program of study (or the equivalent); and (5) The levels of performance achieved for the primary indicators of performance identified in § 463.155(a)(1)(i) through (iv) with respect to all individuals engaging in a program of study (or the equivalent). (b) Apprenticeship programs registered under the National Apprenticeship Act are not required … | |||||
| 34:34:3.1.1.1.11.9.1.18 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.235 What are the reporting requirements for individual records for core Workforce Innovation and Opportunity Act (WIOA) title I programs; the Wagner-Peyser Act Employment Service program, as amended by WIOA title III; and the Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV? | ED | (a) On a quarterly basis, each State must submit to the Secretary of Labor or the Secretary of Education, as appropriate, individual records that include demographic information, information on services received, and information on resulting outcomes, as appropriate, for each reportable individual in either of the following programs administered by the Secretary of Labor or Secretary of Education: A WIOA title I core program; the Employment Service program authorized under the Wagner-Peyser Act, as amended by WIOA title III; or the VR program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV. (b) For individual records submitted to the Secretary of Labor, those records may be required to be integrated across all programs administered by the Secretary of Labor in one single file. (c) States must comply with the requirements of sec. 116(d)(2) of WIOA as explained in guidance issued by the Departments of Labor and Education. | |||||
| 34:34:3.1.1.1.11.9.1.19 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.240 What are the requirements for data validation of State annual performance reports? | ED | (a) States must establish procedures, consistent with guidelines issued by the Secretary of Labor or the Secretary of Education, to ensure that they submit complete annual performance reports that contain information that is valid and reliable, as required by WIOA sec. 116(d)(5). (b) If a State fails to meet standards in paragraph (a) of this section as determined by the Secretary of Labor or the Secretary of Education, the appropriate Secretary will provide technical assistance and may require the State to develop and implement corrective actions, which may require the State to provide training for its subrecipients. (c) The Secretaries of Labor and Education will provide training and technical assistance to States in order to implement this section. States must comply with the requirements of sec. 116(d)(5) of WIOA as explained in guidance. | |||||
| 34:34:3.1.1.1.11.9.1.2 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.155 What are the primary indicators of performance under the Workforce Innovation and Opportunity Act?' | ED | [81 FR 56051, Aug. 19, 2016, as amended at 89 FR 13849, Feb. 23, 2024] | (a) All States submitting either a Unified or Combined State Plan under §§ 463.130 and 463.143, must propose expected levels of performance for each of the primary indicators of performance for the adult, dislocated worker, and youth programs authorized under WIOA title I; the AEFLA program authorized under WIOA title II; the Employment Service program authorized under the Wagner-Peyser Act, as amended by WIOA title III; and the VR program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV. (1) Primary indicators of performance. The six primary indicators of performance for the adult and dislocated worker programs, the AEFLA program, and the VR program are: (i) The percentage of participants who are in unsubsidized employment during the second quarter after exit from the program; (ii) The percentage of participants who are in unsubsidized employment during the fourth quarter after exit from the program; (iii) Median earnings of participants who are in unsubsidized employment during the second quarter after exit from the program; (iv)(A) The percentage of those participants enrolled in an education or training program (excluding those in on-the-job training [OJT] and customized training) who attained a recognized postsecondary credential or a secondary school diploma, or its recognized equivalent, during participation in or within 1 year after exit from the program. (B) A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program; (v) The percentage of participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains, defined … | ||||
| 34:34:3.1.1.1.11.9.1.3 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.160 What information is required for State performance reports? | ED | (a) The State performance report required by sec. 116(d)(2) of WIOA must be submitted annually using a template the Departments of Labor and Education will disseminate, and must provide, at a minimum, information on the actual performance levels achieved consistent with § 463.175 with respect to: (1) The total number of participants served, and the total number of participants who exited each of the core programs identified in sec. 116(b)(3)(A)(ii) of WIOA, including disaggregated counts of those who participated in and exited a core program, by: (i) Individuals with barriers to employment as defined in WIOA sec. 3(24); and (ii) Co-enrollment in any of the programs in WIOA sec. 116(b)(3)(A)(ii). (2) Information on the performance levels achieved for the primary indicators of performance for all of the core programs identified in § 463.155 including disaggregated levels for: (i) Individuals with barriers to employment as defined in WIOA sec. 3(24); (ii) Age; (iii) Sex; and (iv) Race and ethnicity. (3) The total number of participants who received career services and the total number of participants who exited from career services for the most recent program year and the 3 preceding program years, and the total number of participants who received training services and the total number of participants who exited from training services for the most recent program year and the 3 preceding program years, as applicable to the program; (4) Information on the performance levels achieved for the primary indicators of performance consistent with § 463.155 for career services and training services for the most recent program year and the 3 preceding program years, as applicable to the program; (5) The percentage of participants in a program who attained unsubsidized employment related to the training received (often referred to as training-related employment) through WIOA title I, subtitle B programs; (6) The amount of funds spent on career services and the amount of funds spent on training services for the most … | |||||
| 34:34:3.1.1.1.11.9.1.4 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.165 May a State establish additional indicators of performance? | ED | States may identify additional indicators of performance for the six core programs. If a State does so, these indicators must be included in the Unified or Combined State Plan. | |||||
| 34:34:3.1.1.1.11.9.1.5 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.170 How are State levels of performance for primary indicators established? | ED | (a) A State must submit in the State Plan expected levels of performance on the primary indicators of performance for each core program as required by sec. 116(b)(3)(A)(iii) of WIOA as explained in joint guidance issued by the Secretaries of Labor and Education. (1) The initial State Plan submitted under WIOA must contain expected levels of performance for the first 2 years of the State Plan. (2) States must submit expected levels of performance for the third and fourth year of the State Plan before the third program year consistent with §§ 463.135 and 463.145. (b) States must reach agreement on levels of performance with the Secretaries of Labor and Education for each indicator for each core program. These are the negotiated levels of performance. The negotiated levels must be based on the following factors: (1) How the negotiated levels of performance compare with State levels of performance established for other States; (2) The application of an objective statistical model established by the Secretaries of Labor and Education, subject to paragraph (d) of this section; (3) How the negotiated levels promote continuous improvement in performance based on the primary indicators and ensure optimal return on investment of Federal funds; and (4) The extent to which the negotiated levels assist the State in meeting the performance goals established by the Secretaries of Labor and Education for the core programs in accordance with the Government Performance and Results Act of 1993, as amended. (c) An objective statistical adjustment model will be developed and disseminated by the Secretaries of Labor and Education. The model will be based on: (1) Differences among States in actual economic conditions, including but not limited to unemployment rates and job losses or gains in particular industries; and (2) The characteristics of participants, including but not limited to: (i) Indicators of poor work history; (ii) Lack of work experience; (iii) Lack of educational or occupational skills attainment; (iv) Dis… | |||||
| 34:34:3.1.1.1.11.9.1.6 | 34 | Education | IV | 463 | PART 463—ADULT EDUCATION AND FAMILY LITERACY ACT | I | Subpart I—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 463.175 What responsibility do States have to use quarterly wage record information for performance accountability? | ED | (a)(1) States must, consistent with State laws, use quarterly wage record information in measuring a State's performance on the primary indicators of performance outlined in § 463.155 and a local area's performance on the primary indicators of performance identified in § 463.205. (2) The use of social security numbers from participants and such other information as is necessary to measure the progress of those participants through quarterly wage record information is authorized. (3) To the extent that quarterly wage records are not available for a participant, States may use other information as is necessary to measure the progress of those participants through methods other than quarterly wage record information. (b) “Quarterly wage record information” means intrastate and interstate wages paid to an individual, the social security number (or numbers, if more than one) of the individual, and the name, address, State, and the Federal employer identification number of the employer paying the wages to the individual. (c) The Governor may designate a State agency (or appropriate State entity) to assist in carrying out the performance reporting requirements for WIOA core programs and ETPs. The Governor or such agency (or appropriate State entity) is responsible for: (1) Facilitating data matches; (2) Data quality reliability; and (3) Protection against disaggregation that would violate applicable privacy standards. |
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