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Title I and Wagner-Peyser Act Waiver Requirements and Request Process
March 7, 2019 Title I and Wagner-Peyser Act Waiver Requirements and Request Process
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Daniel D. Kuba Heather Fleck Sean Fox Michael J. White
Governance Unit Lead Employment and Training Administration, Office of Workforce Investment Sean Fox Governance Unit Daniel D. Kuba Director Bureau of Workforce Development Administration Pennsylvania Department of Labor & Industry Michael J. White Supervisor, Policy Coordination
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Participants will better understand:
The WIOA waiver requirements Resources for developing a quality waiver request What happens post-approval/waiver monitoring
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Agenda Waiver guidance key points Waiver development
Submission, Review, Decision Process Post-waiver Decision Q and A
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What is a WIOA waiver and why would my state want one?
State and local stakeholders best understand the workforce needs in their jurisdictions Waivers are one possible tool for easing administrative burdens and achieving better outcomes for participants and job-creators. Maximizing flexibility Waiver authority covers WIOA title I, Sections A, B, E and W-P sections 8-10 Exclusions from waiver authority State requests must discuss certain required items– what to waive, why, goals, and outcomes Focus on building a quality request
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Guidance and Requirements
TEGL published December 2018 Waiver authority covers WIOA title I, Sections A, B, E and W-P sections 8-10 Limits to waiver authority State requests must discuss certain required items– what to waive, why, goals, and outcomes Public comment required prior to submission
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Submission and Decision Process
States may submit waiver requests as part of the State Plan or as a separate request to modify a State Plan 90 days for Departmental review Waiver decision letter from ETA to State serves as a Memorandum of Understanding Outcomes required as part of WIOA Annual Report States may submit waiver requests to
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Pennsylvania’s Process
Develop a waiver summary or white paper Engage stakeholders at ETA Region 2, state partners and local workforce system staff Draft the full waiver based on required elements Circulate through leadership channels Post for a 30-day public comment period Finalize document and submit for approval Monitor
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Required Elements of a Waiver Request
Waiver requests must discuss: The statutory and/or regulatory requirements the state would like to waive Actions the state has undertaken to remove state or local statutory or regulatory barriers State strategic goal(s) outcomes resulting from implementation of the waiver Alignment with Department policy priorities Individuals, groups, or populations affected by the waiver State plans for monitoring waiver implementation, including collection of waiver outcome information Assurance of state posting of the request for public comment and notification to affected local workforce development boards
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Developing a Quality Waiver Request: Element State wants to waive
Element 1: The statutory and/or regulatory requirements the State would like to waive. Example: The State provided accurate references with descriptions of the provisions in question (75 Percent OSY Expenditure): Section 129(c)(2)(C) - Definition of work experience for Youth, to include Registered Apprenticeships and OJTs as a component of Registered Apprenticeships; and Sections 128(b)(1), (2), and (3) and 133(b)(1)(A), (2)(A) and (3) - Statutory formula methodology for Title I Youth/Adult programs.
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Developing a Quality Waiver Request: Actions taken to remove barriers
Element 2: Describe the actions the State has undertaken to remove State or local barriers. Is the barrier Federal, State, or Local? How did the State’s effort positively impact waiver implementation? If no barriers exist, it is acceptable to report this in the waiver request.
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Developing a Quality Waiver Request: Goals, Outcomes, and Priorities
Elements 3 and 4: Describe the State strategic goal(s), and programmatic outcome(s), and how the waiver complements the Department of Labor’s priorities. What does the State want hope to accomplish? Does the waiver promote a key priority, such as apprenticeship? Example: The State provided concise and measureable goals and outcomes (for 75 Percent OSY Expenditure): Goal: Increase individualized services to Homeless In-School Youth while they are still attached to an education institution [and] address racial disparities by targeting Homeless In-School Youth. Outcomes: Reduce the number of Homeless In-School Youth who have to engage with crisis response resources. Increase by 5 percent youth-centered services to Homeless In-School Youth, with emphasis on youth of color. Reduce the high school dropout rate for Homeless In-School Youth by 5 percent, with emphasis on youth of color.
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Developing a Quality Waiver Request: Affected Individuals and Groups
Element 5: Describe individuals, groups or populations affected by the waiver. Who does the waiver stand to benefit? Would the waiver possibly negatively impact any groups (eg. OSY 75 percent expenditure waiver)?
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Developing a Quality Waiver Request: State monitoring and tracking outcomes
Element 6: How does the State plan to monitor waiver implementation, including collection of waiver outcome information? Examples: The State provided an actionable monitoring plan (taken from multiple requests): Collect and report information about waiver outcomes in the State’s WIOA Annual Report. Create special participant codes to track participants impacted by a given waiver. Develop multi-year evaluations of the impact of the waiver.
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Developing a Quality Waiver Request: Public Comment
Element 7: Provide an assurance that the State posted the request for public comment and notified affected local workforce development boards. Comment provides opportunity for community engagement and often strengthens waiver requests. No prescribed minimum time-frame for comment, but must be reasonable. Posting on an accessible State agency or board website is most common approach to comment.
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Post Waiver Approval and Monitoring
Tracking waiver results Monitoring Implementation WIOA Annual Report Waiver Renewal
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Resources WIOA Waiver Webpage:
Waiver Request Tool: Waiver%20Request%20Tool.pdf WIOA Title I and Wagner-Peyser Waivers TEGL 08-18: ETA Regional Offices
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Michael J. White, Supervisor
Daniel D. Kuba, Director Bureau of Workforce Development Administration Pennsylvania Department of Labor & Industry (717) Michael J. White, Supervisor (717)
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