Located in:
- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
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.
Current Narrative:
Louisiana Workforce Commission submitted two waiver requests to the U.S. Department of Labor on August 18, 2021 requesting to waive certain expenditure requirements and limitations on individual training accounts within the WIOA Youth Program. Both waivers have been approved allowing the following:
1) ETA approves for Program Year (PY) 2020 and PY 2021, which includes the entire time period for which states are authorized to spend those funds, the State’s request to waive the requirement that the State expend 75 percent of Governor’s reserve youth funds on OSY. The State may lower the expenditure requirement of Governor’s reserve to 50 percent for OSY. In addition, ETA approves for PY 2020 and PY 2021, which includes the entire time period for which states are authorized to spend those funds, the State’s request to waive the requirement that local areas expend 75 percent of local youth formula funds on OSY. Louisiana may lower the local youth funds expenditure requirement to 50 percent for OSY. As a result of this waiver, ETA expects that the number of in-school youth (ISY) served will increase and that performance accountability outcomes for overall WIOA Youth (including both ISY and OSY) will remain steady or increase for the majority of the WIOA Youth performance indicators.
2) ETA approves, through June 30, 2022, the State’s request to waive the requirement limiting ITAs to only OSY, ages 16–24. In addition to these OSY, the State may use ITAs for ISY, ages 16–21. ETA reviewed the State’s waiver request and plan and has
determined that the requirements requested to be waived impede the ability of Louisiana to implement its plan to improve the workforce development system. Approval of this waiver should not impede the State’s efforts to prioritize OSY, including outreach to the OSY population.
Louisiana is requesting waivers for Program Years 2022 and 2023. Louisiana submits this request to waive certain provisions of the Workforce Innovation and Opportunity Act (WIOA). Please know the Louisiana Workforce Commission has worked closely with its Local Workforce Development Boards (LWDBs) to develop a comprehensive request that is both reasonable and responsive to barriers that LWDBs are facing during the COVID-19 pandemic. In addition, we believe this request and waiver comport to federal regulations.
Workforce Innovation and Opportunity Act (WIOA) Waiver Request Submission
I. The statutory and/or regulatory requirements the State would like to waive
The State of Louisiana seeks approval of the following statutory waiver in accordance with the Workforce Innovation and Opportunity Act (WIOA).
- A waiver of the requirement, WIOA Section 129(a)(4)(A) and 20 CFR 681.410 to expend 75 percent of Statewide Activities and local funding on the OSY population for Program Years 2022 and 2023.
Louisiana is requesting that this percentage be lowered to 50 percent. This would allow the State to increase services to eligible in-school youth to better address the negative educational and employment impacts of the COVID-19 pandemic and the hurricanes that have impacted our State.
With the approval and implementation of this waiver, Louisiana seeks to achieve the following strategic goals:
- The implementation of evidence-based programs and strategies;
- Progress toward closing the economic inequity gap by securing jobs that provide opportunities for economic independence and family stability;
- Meeting Governor John Bel Edwards’ statewide education goal of 60 percent of working-age adults in Louisiana to hold a postsecondary credential by 2030; and
- Placing more of Louisiana’s citizens on a career path to high-wage skills.
II. Actions to Remove Barriers
While the provision of services to OSY is vital, the requirement to expend 75 percent of youth statewide and formula funds on OSY inhibits Louisiana and its 15 local workforce development area’s discretion when serving youth based on local demographics, resources, economies, employment outlook, and other labor market factors. The current requirement also weakens our ability to design and deliver meaningful career pathway programs to all youth, regardless of school status. Furthermore, the 75 percent OSY expenditure requirement limits local workforce development area’s ability to carry out initiatives that provide much needed education and training experiences for students and that address the employer’s workforce education and skills needed.
Consistent with WIOA’s increased emphasis on credential attainment, the flexibility that this waiver would allow, if approved, would allow the Local Workforce Development Boards an opportunity to provide work-based learning opportunities such as work experience for ISY as specified in Section 129(c)(2)(C) and 20 C.F.R. 681.600. The ability to provide more work-based learning opportunities to ISY is vital to our commitment to enhancing choices available to eligible youth and to encourage them to complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway and enter into unsubsidized employment that leads to economic self-sufficiency. It will also provide opportunities for ISY to obtain industry-based certifications (IBCs) prior to, or shortly after, completing their secondary education, thereby improving their ability to obtain unsubsidized living-wage employment and career opportunities.
III. Strategic Goals
Louisiana’s State Plan articulates our Governor’s commitment to consistently support and make workforce progress a priority with the vision of a workforce system that will provide pathways for all Louisianans. In furtherance of this commitment, the below strategic goals were identified in Louisiana’s WIOA Combined State Plan and accompanying executable objectives for their accomplishment:
Goal 1: Continue to strengthen existing and establish new Career Pathways as a model for skill, credential and degree attainment for Louisiana citizens. This will help secure jobs that provide opportunities for economic independence and family stability.
Objective 1.1: Workforce development system partners will develop a shared vision and strategy for industry sector-based career pathways for youth and adults. Career pathways are diverse, with multiple entry and exit points allowing individuals of varying abilities, including adults and youth with multiple barriers to employment and in need of skill enhancement, to have realistic access to pathways.
Objective 1.4: Strengthen the alignment of K-12 education, workforce, and other viable initiatives such as improving processes for transfer credits through postsecondary, apprenticeships and college coursework as entry and exit points in the career pathways model for in and out-of-school youth.
Goal 2: Expand career services and opportunities for targeted and special populations facing multiple barriers.
Objective 2.1: Expand and incentivize the utilization of evidenced-based workforce strategies that support targeted populations (e.g., the long-term unemployed, individuals with disabilities, veterans, and out-of-school youth) into sector-based career pathways leading to gainful employment.
These strategic goals were developed to overcome significant barriers faced by Louisianans who are receiving public assistance, unemployed or underemployed, basic skills deficient, persons with disabilities, and others by creating solutions that will ensure access to education, training and supportive services needed to prepare for, and secure high-demand occupations that pay family-sustaining wages.
IV. Projected Programmatic Outcomes Resulting from Implementation of the Waiver
Louisiana's waiver request for PY 2020 and PY 2021 was approved in October 2021 lowering the expenditure requirement of Governor's reserve and local areas expenditure requirements to 50 percent for OSY. Performance outcomes after statewide implementation during October 2021 - March 31, 2022 was only for six months and had a minimal increase because of this short duration of time; however, Louisiana expects increased participation to continue on an upward trajectory through the end of the PY 2021 period of performance of June 30, 2022. Subsequent approval of this waiver is critical in maximizing services and increasing enrollments for PY 2022 and PY 2023. The state anticipates a steady increase in serving youth by providing more resources to meet the needs of all youth populations ensuring access to quality career exploration and work experience opportunities.
With waiver approval, Louisiana will be able to:
- Increase the number of WIOA youth program participants
- Strengthen and support Career Pathways
- Expand career services and opportunities for those individuals with multiple barriers
- Increase access to work-based training, thus aiding achievement of the 20% spending requirement for work experience
- Build a better workforce for Louisiana businesses
An increase in participants is projected and areas expressed they could see a potential to double youth participants if we are given this waiver as it opens the doors to much more flexibility. With the increased participant enrollment, some areas want to do an in-school JAG program (25-30 participants) and also want to expand a "Career Exploration Project" (additional 15-20 youth) that was just kicked off this summer, but limited it to just OSY. They also have ideas of putting in a carpentry pre-apprenticeship project (15-20 participants) at a Community College. Many areas have the partners ready to go and they are just waiting on us to get the waiver. This isn't counting those enrolling in ITA's that we currently enroll as adults as they don't meet the OSY criteria and we can afford to show them as an ISY. Enrollment would increase significantly across the state if this waiver were granted.
V. Alignment with Department policy priorities
This waiver request is consistent with USDOL’s policy priorities in that the request will:
- Focus on ensuring that eligible youth achieve secondary and postsecondary educational success;
- Increase youth access to much needed opportunities for education, training, employment and supportive services; and
- Align with WIOA’s intent by supporting career pathways and the preparation of young people for in-demand careers.
VI. Individuals, groups, or populations affected by the waiver
The intent of this waiver is to benefit at-risk ISY who face barriers to education, training and employment. OSY will also benefit as they will continue to be served as a priority population as required by WIOA. Local boards will benefit from increased flexibility to develop unique solutions to improve service to all youth according to local conditions and needs.
VII. Plan for State Monitoring of Waiver Implementation
Annual WIOA on-site programmatic reviews will include an evaluation of the impact of the waiver on local programs to ensure programmatic goals and outcomes are being met. In addition, local areas will monitor their own progress under this waiver by reviewing their monthly expenditures, along with their performance reports.
VIII. Public Comment and Notification to Local Workforce Development Boards
This waiver request will be posted on a publicly accessible website with a link to provide and/or accept public comment for a minimum of 30 days on April 22, 2022 in alignment with the State’s Combined State Plan. The state notified all 15 Local Workforce Development Board Directors and other stakeholders of the publication and comment period.
Local Workforce Development Boards were provided a copy of this waiver request and given the opportunity to contact the Office of Workforce Development prior to submission of Louisiana’s WIOA State Plan modification to discuss and have input on the waiver request.