Narrative: a. 1. B.

The Workforce Innovation and Opportunity Act (WIOA), Section 106, identifies local area designation as a responsibility of the Governor which is to occur through consultation with the Virginia Board of Workforce Development (VBWD), as well as local boards and chief elected officials. Identifying and designating regions is referenced as part of the development and continuous improvement process of workforce development systems in the state.

WIOA is clear that in order for the state to receive an allotment of funds the Governor shall approve requests for initial designation for any area in good standing that was designated as a local area for the purpose of the Workforce Investment Act of 1998 for a two-year period preceding the enactment of WIOA. This initial designation has been in place for the first 2 full program years following the date of enactment of WIOA.

The following is the process the Commonwealth of Virginia used in designating local areas:

Reference: VBWD Policy 200-01, Designation of Local Workforce Development Areas - https://virginiacareerworks.com/wp-content/uploads/Policy-200-01-Designation-of-Local-Workforce-Development-Areas-Revision-1-Marked.pdf

Consistent with WIOA section 106(b)(4), the Virginia Board of Workforce Development, in consultation with Local Boards and chief elected officials, reviews all requests for local workforce development area designation using established policies and procedures, and makes a recommendation to the Governor. In reviewing initial and subsequent designation requests, the State Board shall evaluate the extent that requested areas meet the following:

1. Are consistent with labor market areas in the state
2. Are consistent with regional economic development areas in the state
3. Have available the federal and non-federal resources necessary to effectively administer activities under provisions of WIOA, including whether the areas have the appropriate education and training providers, such as institutions of higher education and career and technical education schools

On March 3, 2015, the Governor’s Office, issued a letter inviting Chief Elected Officials (CEO) to submit requests for initial designation of the currently established local workforce areas. All CEOs of the local workforce areas, as established under WIA, submitted requests and were granted approval to remain as such under the initial designation period.

The procedures for designating local workforce development areas in the Commonwealth of Virginia are outlined as follows:

Initial Designation: For the first two full program years following the date of enactment of WIOA (July 1, 2016-June 30, 2018), the Governor shall approve a request for designation as a local workforce development area from any area that was designated as a local area for purposes of the Workforce Investment Act of 1998 for the 2-year period preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity.

Subsequent Designation: After the period of Initial Designation, the Governor shall approve a request for Subsequent Designation as a local workforce development area from such local area, if such area:

1. Performed successfully
2. Sustained fiscal integrity
3. In the case of a local area in a planning region, met the requirements of local planning regions outlined in WIOA

Performed Successfully Defined: The term ‘‘performed successfully’’ means the local workforce development area met or exceeded the adjusted levels of performance for primary indicators of performance described in WIOA section 116(b)(2)(A) (or, if applicable, core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect the day before the date of enactment of this Act) for each of the last two consecutive years for which data are available preceding the determination of performance.

Fiscal Integrity Defined: The term ‘‘sustained fiscal integrity’’ means that the Secretary of Labor has not made a formal determination, during either of the last two consecutive years preceding the determination regarding such integrity, that either the grant recipient or the administrative entity of the area improperly expended funds provided under subtitle B (or, if applicable, title I of the Workforce Investment Act of 1998 as in effect prior to the effective date of such subtitle B) due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration.

Requirements of Local Planning Regions: The Virginia Board of Workforce Development will evaluate all requests for subsequent designation in accordance with policies, procedures, and guidance issued regarding planning region identification and participation by local workforce development areas.

Steps in the Virginia Local Workforce Development Area Designation Process

The process outlined below is to be followed by a unit or units of local government seeking designation of local workforce development areas under the WIOA, including requests for Initial and Subsequent Designation that meet the definitions outlined in the law.

Step 1. The local government unit(s) seeking designation of a local workforce development area(s) should coordinate and consult with the chief elected officials of the local areas (county commission for a single county local area or the consortium for multi-county local areas) and existing local workforce investment boards.

Step 2. If a decision is made by the local government unit(s), in coordination with the chief elected officials, to seek designation under the WIOA, the local government units must undertake a formal public comment period and provide documentation of the results of the formal public comment period with the designation request to partners, including existing local workforce investment boards. The formal comment period must allow for comments by businesses, labor organizations, institutions of higher education, community- based organizations, and the public at large.

Step 3. The request for designation of a local workforce development area under the WIOA shall include the following information:

1. How the proposed local workforce development area is aligned with labor market areas including information on growth industries and occupations in the local labor market
2. How the proposed local workforce development area is aligned with a regional economic development area within the Commonwealth of Virginia
3. How the proposed local workforce development area can effectively administer activities under provisions of the WIOA with available federal and non-federal resources, including a description of area education and training providers, a description of how the available resources will be made available for training activities, and a description of the percentage of overall resources administered by the local area that will be dedicated to training activities
4. Whether the proposed local workforce development area is seeking Initial or Subsequent Designation as defined by WIOA and a statement of assurance that the proposed local workforce development area meets the requirements for Initial or Subsequent Designation under the WIOA
5. For Subsequent Designation requests, a discussion of how the local workforce development area met the three criteria outlined in WIOA section 106(b)(3)

Step 4.After submission of the designation request, the Virginia Board of Workforce Development will review the request and provide a consultative opinion and recommendation for the Governor. As required by the WIOA, the Governor will use the consultation of the Virginia Board of Workforce Development and consult with chief elected officials prior to designating local workforce development areas in Virginia. The Governor may rely on the submissions from the requestor(s) as meeting the requirement for consultation with chief elected officials, including the public records of meetings and any recorded votes or resolutions regarding the designation request.

Step 5a. Pursuant to WIOA section 106(b), the Governor formally designated local workforce development areas in the Commonwealth of Virginia for a two-year period beginning on July 1, 2015, and ending on June 30, 2017.

Step 5b. Pursuant to WIOA section 106(b), the Governor will subsequently designate local workforce development areas in the Commonwealth of Virginia for two-year periods, as appropriate.

Opportunity to Appeal: Pursuant to WIOA section 106(b)(5), a unit(s) of local government may submit an appeal to the Virginia Board of Workforce Development. The appeal shall describe the reasons why the decision by the Governor should be reconsidered, with specific data being provided to back-up the appeal. After submission of an appeal, a final determination shall be made by the Governor, following a recommendation from the state workforce board within 30 calendar days.

Commonwealth of Virginia Process for Redesignating a LWDA

Reference: VBWD Policy 200-07 Process for Requesting Local Workforce Development Area Redesignation; Redesignation Assistance - https://virginiacareerworks.com/wp-content/uploads/Policy-200-07-Process-for-Requesting-Local-Workforce-Development-Area-Redesignation-.pdf

Consistent with WIOA section 106(b)(6), the Virginia Board of Workforce Development (VBWD) will consider all requests for local area redesignation. While the WIOA statute contemplates requests for redesignation for local areas that are part of a planning region, the VBWD will consider requests for redesignation for local areas within a planning region and for local areas that may not be part of a planning region, but can provide other appropriate justification for the change. Justification for redesignation may include factors that demonstrate the extent that requested areas meet the following:

1. Are consistent with labor market areas in the state
2. Are consistent with regional economic development areas in the state
3. Have available the federal and non-federal resources necessary to effectively administer activities under provisions of WIOA Title I, including whether the areas have the appropriate education and training providers, such as institutions of higher education and career and technical education schools

Requests for redesignation and redesignation assistance shall be consistent with policies and procedures outlines in Policy 200-01 and Policy 200-06.

Procedures

Redesignation of local workforce development areas under the WIOA.

Step 1. The local government unit(s) seeking redesignation of local workforce development area(s) shall gain agreement of redesignation with the chief elected officials of the local areas (county commission for a single county local area or the consortium for multicounty local areas) impacted by the proposed redesignation and associated existing local workforce development boards.

Step 2. If a decision is made by the local government unit(s), in coordination with the chief elected officials, to seek redesignation under the WIOA, the local government units must undertake a formal comment period and provide documentation of the results of the formal comment period with the redesignation request. The formal comment period must allow for comments by businesses, labor organizations, institutions of higher education, community-based organizations, and the public at-large.

Step 3. The request for redesignation of a new local workforce development area under the WIOA shall include the following information:

1. How the proposed local workforce development area is aligned with labor market areas including information on growth industries and occupations in the local labor market
2. How the proposed local workforce development area is aligned with a regional economic development area within the Commonwealth of Virginia
3. How the proposed local workforce development area can effectively administer activities under provisions of the WIOA with available federal and non-federal resources, including a description of area education and training providers, a description of how the available resources will be made available for training activities, and a description of the percentage of overall resources administered by the local area that will be dedicated to training activities

Step 4. After submission of the redesignation request, the Virginia Board of Workforce Development will review the request and provide a consultative opinion and recommendation for the Governor. As required by the WIOA, the Governor will use the consultation of the Virginia Board of Workforce Development and consult with chief elected officials prior to redesignating a local workforce development area. The Governor may rely on the submissions from the requestor(s) as meeting the requirement for consultation with chief local elected officials, including the public records of meetings and any recorded votes or resolutions regarding the redesignation request.

Step 5. Along with the redesignation request, the applicant for redesignation shall also submit a request for redesignation assistance (if needing such assistance), along with a budget, and justification for the request that includes proposed activities to facilitate a transition to the redesignated local area. Transition assistance activities may include:

1. Convening sessions and conferences
2. Renegotiation of contracts and agreements
3. Other activities deemed appropriate for redesignation by the VBWD

Step 6. The VBWD and the WIOA title I administrative agency shall jointly consult on the redesignation assistance request and make a determination. The WIOA title I administrative agency shall monitor expenditure of funds and ensure appropriate use of such funds in supporting redesignation of the new local area(s).

Step 7. Once the Governor formally approves the redesignation request, redesignation funds shall be available based on an approved budget by the WIOA Title I administrative agency.

Commonwealth of Virginia Process for Identifying Regions

Reference: VBWD Policy 200-06, Designation of Regions and Planning Requirements - https://virginiacareerworks.com/wp-content/uploads/Policy-200-06-Designation-of-Regions-and-Planning-Requirements-FINAL-Signed.pdf

In order to identify regions, WIOA requires the state to identify factors to be used, which, when applying, may or may not align to current local workforce development areas. In Virginia, the factors were used to promote a collaborative process whereby the data collection and analysis of the factors or determination of regions are shared between state and local workforce partners. Virginia utilized the following factors in determining regions: 1) Single Labor Market; 2) Common Economic Development Area; 3) Federal and Non-Federal Resources to Carry Out WIOA Activities; 4) Population Centers; 5) Commuting Patterns; 6) Industrial Composition and Sector Alignment; 7) Community College Regions.

Utilizing these seven factors, various regional alignments may be considered and proposed by a number of workforce system stakeholders such as state policymakers, State and Local Board members, state and local workforce staff, partner program staff, business and industry partners, and workforce and education associations. In order for Virginia to consider and designate regions, a formal proposal shall be submitted to the Virginia Board of Workforce Development that includes a recommendation for region designation, a rationale for the region designation recommended using the seven factors, and a description of why the regional alignment proposed is in the best interests of the state, business and industry, and workers and job seekers.