Local area designation

Designation of local workforce development areas in Nebraska has been performed in accordance with the state’s current policy on local workforce development areas, which is consistent with WIOA Sec. 106(b). The policy establishes requirements, criteria, and procedures for local area designation, including initial and subsequent designation.

Criteria for “performed successfully” and “sustained fiscal integrity”

Under the state’s current policy on local workforce development areas, the procedures for determining whether a local area met the criteria for performed successfully and sustained fiscal integrity are consistent with WIOA Sec. 106(b)(2) and (3) and 20 CFR § 679.260(a) and (b). The standard of performed successfully varies in meaning in relation to the applicable program year.

For initial designation

For purposes of initial designation of local areas for Program Years 2016 and 2017, the term performed successfully means the local area:[1]

• met or exceeded all negotiated performance levels under WIA Sec. 136(c) for the two full program years prior to the enactment of WIOA (Program Years 2012 and 2013); and
• has not failed to meet any individual measure during the two consecutive program years prior to the enactment of WIOA (Program Years 2012 and 2013).

For subsequent designation after PY 2017

For purposes of subsequent designation of local areas after the conclusion of Program Year 2017, the term performed successfully means the local area met or exceeded negotiated levels of performance for Program Years 2016 and 2017 for the following performance indicators:[2]

• employment rate second quarter after program exit; and
• median earnings second quarter after program exit.

For subsequent designation after the conclusion of PY 2018 and later

For purposes of subsequent designation of local areas after the conclusion of Program Year 2018, or any point thereafter, the term performed successfully means the local area met or exceeded negotiated levels of performance for the two most recently completed program years for the following performance indicators:[3]

• employment rate second quarter after program exit;
• employment rate fourth quarter after program exit;
• median earnings second quarter after program exit;
• effectiveness in serving employers;
• credential attainment rate; and
• measurable skills attainment rate.

Performance standards

The standard of exceeded, in relation to local area performance, means the local area exceeded negotiated performance levels when actual performance on an individual performance measure is in excess of 100 percent of the negotiated level of performance.[4]

The standard of met, in relation to local area performance, means the local area met negotiated performance levels when actual performance on an individual performance measure falls within the 80 percent to 100 percent range of the negotiated level of performance.[5]

The standard of failed, in relation to local area performance, means the local area failed to meet negotiated performance levels when actual performance on an individual performance measure is less than 80 percent of the negotiated level of performance.[6]

Fiscal integrity

For purposes of initial and subsequent designation as a local area, the term sustained fiscal integrity means the Secretary of the US Department of Labor has not made a formal determination that either the grant recipient or the administrative entity for the local area, for the two year period preceding the date of a request for designation as a local area, misexpended funds due to:[7]

• willful disregard of the requirements of applicable regulations;
• gross negligence; or
• failure to comply with accepted standards of administration.

Designation procedure

The procedure established for any entity seeking designation as a local area, whether an initial designation or otherwise, is provided to CEOs and local boards through an Employment and Training Notice issued by NDOL and includes instructions regarding the requirements and procedure for requesting designation. The procedure includes the following steps:

1. The CEO and local board submit a written request for local area designation that includes documentation indicating the local area has performed successfully and sustained fiscal integrity.
2. The Governor reviews the request to ensure the local area meets the requirements and criteria established under WIOA Sec. 106(b)(1)(B) and the state’s current policy on local workforce development areas.
3. The Governor forwards the request to Nebraska Workforce Development Board and other CEOs and local boards in Nebraska for review and comment and makes the request available to the public for comment through Nebraska’s public comment process.
4. Upon receipt of a recommendation from Nebraska Workforce Development Board and following consideration of comments from the public and other CEOs and local boards in Nebraska, the Governor approves or denies the request and notifies the Nebraska Workforce Development Board, CEOs, and local boards in Nebraska, and all other entities seeking designation as a local area.

Planning region identification

Identification of Nebraska’s planning regions was performed in accordance with the state’s current policy on planning regions, which is consistent with the requirements of WIOA Secs. 102 and 106 and 20 CFR § 679.210.

At the request of the Governor, NDOL evaluated labor market structure and distribution, designated economic development areas, distribution of educational and training resources, location of population centers, workforce commuting patterns, labor force conditions, and geographic boundaries. The outcome of NDOL’s evaluation revealed a substantive relationship between concentrations of economic activity and statewide workforce commuting patterns.

Following the evaluation, NDOL consulted with the following individuals and groups regarding identification of planning regions:

• Nebraska Workforce Development Board in October 2015;
• CEOs and local area boards in July and August 2015; and
• core partners in July and August 2015.

NDOL provided the individuals and groups with a summary of the evaluation for review and comment as part of the consultations.

NDOL also held focus groups during the months of July and August 2015. NDOL met with over 250 workforce system representatives from across Nebraska. The focus groups were held at three Nebraska locations: Lincoln, Grand Island, and Omaha. The focus group discussions were co-sponsored by the core partners. Focus group topics included the identification of planning regions to promote regional alignment with the labor market and economic development activities through:

• identification of key elements of an economic region;
• examination of the usefulness of defining economic regions based on commuting patterns; and
• establishing factors the Governor should consider when identifying planning regions.

Subsequent to the consultations and focus groups, the Nebraska Workforce Development Board, CEOs, and local boards recommended establishing planning regions based on the relationship between areas of economic concentration and workforce commuting patterns. In January 2016, based on these recommendations, the Governor established an in-state regional structure that includes three regions based on economic concentrations and workforce commuting patterns.

[1] 20 CFR § 679.260(a)

[2] 20 CFR § 679.260(b)(1)

[3] 20 CFR § 679.260(b)(2)

[4] TEGL 25-13

[5] TEGL 25-13

[6] TEGL 25-13

[7] 20 CFR § 679.260(c)