Board Governance and One Stop Integration Bob Lanter, CWA John Bailey, region 6, U.S. DOLETA

LOCAL WORKFORCE DEVELOPMENT BOARDS Vision – To serve as a strategic leader and convener of local workforce system stakeholders. Partners with employers and workforce system to develop policies and investments that support regional economies. Purpose: Strategic and operational oversight to develop the system in the local area and region Assist in achievement of the State’s vision and goals Maximize and improve quality of service, customer satisfaction and effectiveness.

CHIEF LOCAL ELECTED OFFICIAL Appoints the local board and the board is certified by the Governor every 2 years WIOA sec. 107 delegates the establishment of by-laws to the chief elected official. The chief elected official must establish the by-laws in order to constitute a Local WDB – 679.310(g) The CLEO and Local WDB then are allowed to enter into an agreement which does not prohibit the Local WDB’s role in the development of future by-laws. (Note that this comment is from the preamble, and is not stated in the Final Rule)

CHIEF LOCAL ELECTED OFFICIAL By-laws must include: Nomination process Term limitations Notification to the CEO of vacancies Proxy and alternative designee process Use of technology to promote WDB participation Process to ensure WDB members actively participate Any other provisions deemed appropriate by CEO in the appointment process

LOCAL WORKFORCE BOARDS Initial/Subsequent Designation: Initial designation is only applicable to PY 2016 and PY 2017. No determination of subsequent designation may be made before the conclusion of PY 2017. – 679.250(c) To be subsequently designated: Local area performed successfully; Local area maintained fiscal integrity; Met regional planning requirements In WIOA sec. 106(e), “sustained fiscal integrity” means “that the Secretary has not made a formal determination, during either of the last 2 consecutive years that either the grant recipient or the administrative entity of the area misexpended funds.

REGIONS “the purpose of a local area is to administer workforce development activities… the purpose of a regional area is to align workforce development activities and resources with larger regional economic development areas and resources.” (Preamble to 679.200) “The Department encourages States confronted with the issue (of single areas needing to be in multiple regions for planning purposes) to reevaluate whether the local areas in question are consistent with labor market areas and with regional economic development areas in the State. If these criteria are not met, the State should consider how best to recast local areas for the purposes of subsequent designation and regional integration.”

REGIONAL PERFORMANCE Commenter remarked that CEOs of each local area in a planning region should be permitted to choose to develop, rather than be required to develop, regional performance measures in addition to local area measures. Response: WIOA sec. 108(b)(1) requires the CEOs to develop the regional performance indicators and the Departments’ regulations are consistent with this statutory requirement.

LOCAL WDB ROLE/MEMBERSHIP The Department concludes that the Local WDB has flexibility to make the determinations of optimum policy-making authority and demonstrated experience and expertise when determining Local Board members – 679.320(f) The Department finds it is important to require the appointment of non-board members to standing committees, and retain the “must” language – 679.360(a). Must be chaired by local WDB member

LOCAL WDB ROLE 13 Functions no real change from NPRM: Local/Regional Plan, LMI, convening system stakeholders, engage employers, partner with education, promising practices, maximize technology, oversight of Title 1 programs, negotiate and monitor performance, infrastructure costs, certify and designate program operators, career pathway development, develop budget, accessibility For a Local WDB to provide career services, it must meet the requirements in WIOA sec. 107(g)(2), which allows for Local WDBs to be providers of career services of title I career services for adult and dislocated workers with the agreement of the CEO in the local area and the Governor. There are no waiver requirements for Local WDBs to provide career services.

1) Local and Regional Plans Activities Now: CWDB State Plan – www.cwdb.ca.gov WSDD-116 Regional Planning Areas Regional and local plans due March 2016. WSDD-146 Community Colleges and Adult Ed are also working on regional plans Local Plan – Consistent and supports State Plan 4 year plan – Modified after 2 years Regional Plan – Outlined in Sec 106 Regional service strategies Sector Initiatives Regional Labor Market Information Administrative Cost Arrangements Transportation and other Support Services Coordination with Economic Development Collectively Negotiate Levels of Performance

2) Research and Labor Market Analysis Analysis of Regional Economic Conditions Skills and Knowledge of the Labor Force Workforce Development Activity and Collection of information Job Growth and Labor Trends Activities Now LMID Workgroup 5/12/16– Regional Profiles WSIN 16-04 – Labor Market Data Library

3) Convening, Brokering, Leveraging System Stakeholders to: Assist in developing local plan Leverage resources and expertise Serve on Standing Committees Activities Now Slingshot Initiative Industry Sector Development

4) Employer Engagement Lead efforts to engage employers with: Promoting Representation on Local Board Develop linkages (intermediaries) to support utilization Meeting employer needs (enhancing communication, coordination, collaboration) with service providers and economic development Promote Industry Sector Partnerships Activities Now: Regional Business Engagement – Restructuring of Business Service Teams – Sept 27th and 29th 2016 Doing What Matters for Jobs and the Economy Regional Business Service Alignment

5) Career Pathway Development Develop Career Pathways by aligning employment, training, education and support services Services to individuals with barriers to employment Activities Now Career Pathways Trust Grants - $500 million 2014-15. Sac COE Elk Grove Unified CTE Funding - $200 Million in this year’s budget CWA Legislation – Last year AB2642 Regional Partnership Meeting Chancellor/CWDB Offices – Jan 2016

6) Proven and Promising Practices Identify and promote proven and effective practices in serving: Employers and Job Seekers Those with barriers to employment Programmatic and physical access Activities Now CWA and CWDB Collecting Examples Accelerator Grants AB2642 – Breaking Barriers Initiative AB 2060 and Prop 39 State Grants TA and Cross Training from the CWDB/CWA Implementation grant

7) Technology Activities Now CalJob Improvements Ensure maximization of accessibility and effectiveness Connections on intake/case management of One- Stop Partners Access to services – remote locations Increasing digital literacy skills Increase services to individuals with barriers to employment Activities Now CalJob Improvements Customer Centered Design Challenges Launchpad, Career Catalyst, Salary Surfer, Career Hub, Career Arc and More

8) Program Oversight Youth Activities and One-Stop Service Delivery Appropriate use and management of funds Making investments that maximize performance outcomes. Activities Now Draft Directives MOU and One-Stop Procurement and Firewall CWA Action Clinics

9) Negotiations of Local Performance Measures In partnership with Chief Local Elected Officials Placement Retention Median Wage Credential Rate In-Program Skills Gain Employer Satisfaction Activities Now California Negotiations taking place now WSDD-149 Performance Training slated for end of year TEGLs – Forthcoming from DOLETA

10) Selection of Operators and Providers Selection of One-Stop Operators With agreement of Elected Officials shall designate or certify Selection of Youth Providers Identification of Eligible Providers of Training Identification of Eligible Providers of Career Services Activities Now Local RFPs – CWA Collecting examples WSD15-07 – Eligible Training Provider Process WSDD-117 – Youth Programs 14 elements

11) Coordination with Education Providers With all training providers in area including: Adult Ed, Community College CTE, Vocational Rehabilitation Training Applications and Agreements Provide comments on Adult Education Applications Ensure Alignment with local/regional plan Establish cooperative agreements when necessary Activities Now AEBG Funding $500 million to regional consortia CTE Funding Partnerships, partnerships and partnerships around career pathways

12) Budget and Administration Activities Now Federal Appropriations – working on PY17-18 Perkins Reauthorization TANF Reauthorization Grant recipient is Chief Local Elected Official Always maintains liability Grant recipient shall disburse funds under the direction of local boards Boards can solicit and secure grant funding

13) Accessibility for Individuals with Disabilities Annually assess programmatic and physical accessibility of One- Stop Centers Activities Now Partnerships with Voc. Rehabilitation – cross training will be forthcoming later this year.

ONE STOP OPERATORS Section 121(d)(2)(A) of WIOA only allows for selection of a one-stop operator through a competitive process. All other non-Federal entities, including subrecipients of a State (such as local areas), are required to use a competitive process based on the procurement standards in the Uniform Guidance set out at 2 CFR 200.318 through 200.326. - 678.605(c). After extensive consideration, the Departments have not changed their interpretation of the relationship between WIOA secs. 107(g)(2) and 121(d)(2)(A) as providing that a Local WDB may be designated or certified as a one-stop operator, with the agreement of the CEO and the Governor, only after being selected through a competitive process for the one stop operator. – 678.605 Preamble

ONE STOP OPERATORS The competitive selection process permits more than one method of procurement, and procurement options are outlined in the Uniform Guidance at 2 CFR 300.320. – 678.605 Preamble Sole source selection is allowable as long as the situation falls within the guidelines and requisite conditions of State and local procurement policies and procedures and the conditions outlined in the Uniform Guidance. The Local WDB must be able to demonstrate that it conducted sufficient market research and outreach to justify sole source selection. – 678.610(a)

ONE STOP OPERATORS A Local WDB may be designated or certified as a one-stop operator only with the agreement of the CEO in the local area and the Governor. DOL interprets this provision to create an additional requirement for situations in which a Local WDB is selected to be a one-stop operator through the competitive process – 678.605(c) Appropriate firewalls must be in place to ensure that the current operator is not involved in conducting the competitive process, as that would be an inherent conflict of interest. – 678.615(a) Past performance and costs however, are evaluation factors that may be considered in the competitive process, potentially giving weight to those bidders demonstrating successful performance as a one-stop operator. - 678.605 Preamble

ONE STOP OPERATORS It is the intention of the Department to provide extensive guidance and technical assistance on acceptable methods of procurement, using the Uniform Guidance as a basis – 678.605 Preamble The operator cannot participate in the planning, development, review, negotiation, and selection phases of the competitive procurement process and then also submit its own proposal. – 678.620(b) In order to ensure flexibility for State and local entities in designing one-stop delivery systems, the Department declines to define the term “firewall” further in the final regulations.

ONE STOP OPERATORS Regarding the role of a one-stop operator, § 678.620(a) only requires that the one-stop operator must coordinate the service delivery of required one-stop partners and service providers. - 678.620(a) 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. – 678.620(b)(1)

Q & A and Conversation