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Plan: Iowa PYs 2020-2023
Unified Plan U

Section: Adult, Dislocated Worker, and Youth Activities

Narrative: e.

Published
Located in:

e. Waiver Requests (optional) (e1-e6)

States wanting to request waivers as part of their title I-B Operational Plan must include a waiver plan that includes the following information for each waiver requested:

  • 1. Identifies the statutory or regulatory requirements for which a waiver is requested and the goals that the State or local area, as appropriate, intends to achieve as a result of the waiver and how those goals relate to the Unified or Combined State Plan;

  • 2. Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers;

  • 3. Describes the goals of the waiver and the expected programmatic outcomes if the request is granted;

  • 4. Describes how the waiver will align with the Department’s policy priorities, such as:

    • A. Supporting employer engagement;

    • B. Connecting education and training strategies;

    • C. Supporting work-based learning;

    • D. Improving job and career results, and

    • E. Other guidance issued by the department.

  • 5. Describes the individuals affected by the waiver, including how the waiver will impact services for disadvantaged populations or individuals with multiple barriers to employment; and

  • 6. Describes the processes used to:

    • A. Monitor the progress in implementing the waiver;

    • B. Provide notice to any local board affected by the waiver;

    • C. Provide any local board affected by the waiver an opportunity to comment on the request;

    • D. Ensure meaningful public comment, including comment by business and organized labor, on the waiver.

    • E. Collect and report information about waiver outcomes in the State’s WIOA Annual Report.

  • 7. The Secretary may require that States provide the most recent data available about the outcomes of the existing waiver in cases where the State seeks renewal of a previously approved waiver.

View corresponding narrative from PYs 2018-2019

Current Narrative:

Waiver Request #1

 

The state of Iowa is requesting a waiver for Program Years 2020 and 2021 from the WIOA sections 116(d)(4)(A) and (B) and 122(d)(2)(A), and at 20 CFR section 677.230(a)(4) and (5) and 20 CFR sections 680.400 through 680.530, which require the collection and reporting of performance related data on all students participating in training programs listed on the State's ETPL.

 

Under WIOA sections 116(d)(4)(A) and (B) and 20 CFR sections 677.230(a)(4) and (5), Eligible Training Providers (ETPs) must report performance data with respect to all individuals engaging in a program of study (or the equivalent).  While Iowa recognizes the value and importance of monitoring provider performance, requiring ETPs to produce data on all individuals instead of just WIOA-funded participants places an undue burden on ETPs to collect, enter, and report excessive data.  This is especially burdensome when ETPs have many students of whom only a small percentage are WIOA participants.  The U.S. Departments of Labor (DOL) and Education acknowledge this burden in their response to comments regarding 20 CFR section 677.230 in the preamble of the WIOA Final Rule by stating, “The Departments are cognizant of the reporting burden the ETP performance report places on ETPs and do not want to place additional burden on these entities,” however, there was no change to the regulatory text.  Requiring ETPs to provide data on all individuals instead of WIOA-funded participants may dissuade the institution from participating as a WIOA program provider, thereby significantly limiting consumer choice.  Accordingly, Iowa requests a waiver of the requirements in WIOA sections 116 and 122 and 20 CFR sections 677.230 and 680.400 through 680.530 that require the collection and reporting of performance related data on all participants in training programs on the State's ETPL.

 

The following supporting information is provided:

 

  1. The statutory and regulatory requirements are identified above, within the waiver request.
  2. There are no State or local barriers that would prevent the implementation of this waiver.
  3. This waiver request will help fulfill the State and Federal goals of effective and efficient use of public funds in the administration of the WIOA-governed one-stop delivery system in Iowa.
  4. The State anticipates that this waiver will help program outcomes by creating administrative efficiencies not otherwise available, which will, in turn, free up limited WIOA funds for use in other areas to meet Federal requirements.
  5. This waiver request will help local areas, including Local Workforce Development Boards (WDBs), by allowing them to combine their efforts and resources relating to administrative functions, which will allow them to fund cost efficiencies that would otherwise be unavailable.  
  6. Iowa will continue to conduct monitoring of local areas and Local WDBs, including their compliance with all WIOA requirements governing administrative costs and ETPs.  Iowa will collect and include information about waiver outcomes in the State’s WIOA annual report. 
  7. Iowa will post waivers for a public comment period of 30 days as part of the WIOA State Plan prior to submitting the waiver request.  

 

 

Waiver Request #2

 

Training and Employment Guidance Letter (TEGL) WIOA No. 15-16, "Competitive Selection of One-Stop Operators," states:

 

The WIOA Joint Final Rule requires that a competitive process he conducted at least once every four years.  The requirement to use a competitive process for one­ stop operator selection is set forth in WIOA sec. 12l(d)(2)(A).  Due to this statutoryrequirement, the competitive selection process for one-stop operators in all Local Areas cannot be waived.  While the Local WDB must select the one-stop operator through a competitive process at least once every four years, a State may require, or a Local WDB may choose to implement a competitive selection process more often than once every four years.

 

TEGL No. 15-16 makes clear that the Secretary of Labor will not waive the requirements relating to the competitive designation or certification of the One-Stop Operator (OSO). But it appears to leave open the possibility of waiving eligibility requirements for the OSO. These eligibility requirements arc in WIOA section 121(d)(2), which states:

 

To be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)-

 

(A)   shall be designated or certified as a one-stop operator through a competitive process; and

(B)  shall be an entity (public, private, or nonprofit), or consortium of entities (including a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(l)), of demonstrated effectiveness, located inthe local area, which may include-

(i)   an institution of higher education;

(ii) an employment service State agency established under the Wagner­ Peyser Act (29 U.S.C. ,49 et seq.), on behalf of the local office of the agency;

(iii)  a community-based organization, nonprofit organization, or intermediary;

(iv)  a private for-profit entity;

(v)   a government agency; and

(iv)  another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization. 

 

Iowa requests a waiver of the requirement in WIOA section 12l(d)(2)(B) that the entity that is the OSO be “located in the local area.”  Eliminating this requirement will allow multiple Local WDBs to jointly select an entity to serve as the OSO for their local areas even if the entity is not located in one of the local areas.  Performing the OSO role remotely for the comprehensive one­ stop center(s) and local area(s) in which the entity is not located will allow participating local areas to save money on the OSO.

 

The following supporting information is provided:

 

  1. The statutory and regulatory requirements are identified above, within the waiver request.
  2. There are no State or local barriers that would prevent the implementation of this waiver.
  3. This waiver request will help Iowa’s local workforce development areas (local areas) to fulfill the WIOA requirements for OSO competitive selection despite limited federal funding.  
  4. The State anticipates that this will help program outcomes by allowing Iowa to use less money on OSOs, which will free up funds for use in other areas to meet WIOA requirements. 
  5. This waiver request will help local areas, including Local WDBs, by allowing them to combine their efforts and resources when competitively selecting an OSO, which will allow them to find cost efficiencies that would otherwise be unavailable.   
  6. Iowa will continue to monitor local areas and Local WDBs for WIOA compliance, including with respect to the competitive selection of OSOs.  Iowa will collect and include information about waiver outcomes in the State’s WIOA annual report.  
  7. Iowa will post waivers for a public comment period of 30 days as part of the WIOA State Plan prior to submitting the waiver request.