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—
a. 1. B. Describe the process and policy used for designating local areas, including procedures for determining whether the local area met the criteria for “performed successfully” and “sustained fiscal integrity” in accordance with 106(b)(2) and (3) of WIOA. Describe the process used for identifying regions and planning regions under section 106(a) of WIOA. This must include a description of how the State consulted with the local boards and chief elected officials in identifying the regions
Current Narrative:
The West Virginia Workforce Development Board (WVWDB) adopted a statewide policy on re-designation of local areas as part of a policy overhaul to provide the appropriate oversight framework for West Virginia’s workforce system. Policy 200-01”Designation of Local Workforce Areas'' contains the following procedures in compliance with federal statute and regulations.
For this planning cycle, the Governor received no formal requests for subsequent designation, so he considered each of the seven local areas as having requested no changes to designated areas as defined in state policy. In considering the current regional configuration, the Governor used the current federal statutory and regulatory definitions of “performed successfully” and “sustained fiscal integrity” and considered the extent to which current local area designation is consistent with labor markets and economic development areas in the state. Taken together, at this time the Governor has approved subsequent designation requests; however, ongoing reviews will be occurring and at the midcycle point of the state planning cycle, West Virginia will be conducting further reviews of local area commensurate with monitoring federal WIOA legislation that may provide additional criteria and options for designating local areas.
In determining “performed successfully” the Governor reviewed local area negotiated core indicators of performance for the prior two program years and determined that each of the seven local designated areas met the minimum requirements for this criterion. For “sustained fiscal integrity,” the Governor reviewed financial records, audits, and compliance with policies and procedures, including a new policy on executive compensation limits, to ensure fiscal integrity was met. Each of the seven local areas met the criterion for sustaining fiscal integrity.
During the onset of this four-year planning cycle, the Governor determined that each local area is a single area region aligned to labor markets and economic development areas. During the first two years of this planning cycle, the state will undertake a thorough review and consultation with chief local elected officials to develop an agreed-to set of criteria for determining if regional configuration should be adjusted during the midcycle phase of the state plan process. Potential criteria include new business growth and locations in the state, changes to commuting patterns as a result of new business growth, updates to economic development configuration, and better alignment with community and technical college service areas to better align workforce and training activities.
During the remainder of calendar year 2024, the state will be undertaking data gathering for regional planning. West Virginia will be electing a new Governor whose term will start in 2025 and consultation with chief local elected officials will occur during the first year of the new term to gauge what changes and realignments can occur.
An area or areas seeking to be designated or re—designated, as a Local Workforce Development Area, which has requested but has been denied its request for designation or re—designation as a Local Area, may appeal the decision to the West Virginia Workforce Development Board.
- If the appeal is connected to a request for initial or subsequent designation under section V. A. or section V. B. of this policy, and if the appeal does not result in designation, the entity may request a review by the Secretary of Labor to determine if procedural rights were granted or if the minimum criteria of WIOA Section 106(b)(2) or Section 106(b)(3) were met. This second level of appeal must be sent within 14 days to the Assistant Secretary of Employment and Training U.S. Department of Labor, 200 Constitution Avenue, N.W. Washington, DC 20210. A copy of the appeal must be simultaneously provided to the ETA Regional Administrators U.S. Department of Labor The Curtis Center, Suite 825 East 170 South Independence Mall West Philadelphia PA 19106-3315. In addition, a copy must be sent to WFWV at 1900 Kanawha Boulevard East, Building 3, Suite 300, Charleston, WV 25305.
- If the final decision of any appeal reverses the prior decision, it will become effective July 1st of the following year.
- Definition: Where the term “days” appears, it shall be defined as calendar days, not working days.