Yolo County Workforce Innovation Board Packet.pdf · Mariella Guzman-Aguilar, Erica Johnson, Trish Kelly, Susan Kirby, Carmelo Miranda, Edwin Ortega Beltrán, Larry Ozeran, Jayne

Yolo County Workforce Innovation Board A proud partner of America’s Job Center of CaliforniaSM network.

American’s Job Center of California - One-Stop Career Center Locations West Sacramento Woodland

500-A Jefferson Blvd., Building A 25 N. Cottonwood St www.yoloworks.org (916) 375-6300 x4327 (530) 661-2750 x4327

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Board Members

All Phase Security Inc.

Buckhorn Steakhouse/ Putah Creek Café

California Dept. of Rehabilitation

California Employment Development Department

City of Woodland Economic Development

Clark Pacific

DMG MORI

Los Rios Community College District

Marquez Designs

Olam West Coast

PrideStaff

Sacramento Central Labor Council (3)

Stonegate Lawncare

The Scoop Frozen Yogurt Shop

West Sacramento Chamber of Commerce

Woodland Aviation

Woodland Adult Education

Woodland Community College

Yolo Employment Services, Inc.

>>>NOTICE OF PUBLIC MEETING<<< Workforce Innovation Board Executive Committee

October 29, 2018 9:00 - 10:30 AM

America’s Job Center of California / Community Room/ 500 Jefferson Blvd West Sacramento, CA

AGENDA 1. Welcome Comments, Introductions and Group Discussion

2. Public Comments/Announcements – Non- Agenda Itemsa. Workforce Innovation Board (WIB members, staff or the public may address the

WIB on subjects relating to employment and training in Yolo County. A timelime of 3 minutes may be imposed. No action may be taken on non-agendaitems.

3. Establish Quorum

4. Consider Agenda Approval

5. Consent Agenda – Approved with one motion unless item withdrawn fordiscussion

a. Approve WIB Executive Committee minutes – April 25, 2018 (Attachment)Page 1

6. Regular Agendaa. Receive/Review/Approve Addition of WIB Executive Committee Member

loanna latridis (Attachment) Page 6b. Receive/Review/Approve Proposal for WIB Standing Committee (Attachment)

Page 7c. Receive/Review/Approve Updated Support Services Policy and Procedure

(Handout)d. Receive/Review/Discuss Regional and Local Plans PY 17-21 - Two Year

Modifications (Attachment) Page 9e. Receive/Review/Discuss Summary of Leveraged Funds (Handout)f. Receive WIB Roster Approved by the Board of Supervisors (Attachment) Page

13g. Discuss Form 700 (Handout)h. Discuss Attendance Log (Handout)

7. Information Itemsa. Receive Informational Minutes from WIB Executive Committee Meeting August

22, 2018 (Handout)b. Receive Workforce Services Directive (WSD) WSD 18-03 Pathway to Services,

Referral and Enrollment (Attachment) Page 15c. Receive WSD 18-04 70 percent LLSIL and Poverty Guidelines for 2018

(Attachment) Page 22d. Receive WSD 18-05 WIOA Grievance and Complaint Resolution Procedures

(Attachment) Page 28e. Receive WSD 18-06 Subrecipient and Contractor Distinctions (Attachment)

Page 40f. Receive WSD 18-07 Salary and Bonus Limitations for 2018 (Attachment) Page

49g. Receive WSD 18-08 National Dislocated Worker Grant Guidance (Attachment)

Page 54

h. Receive Workforce Services Draft Directive (WSDD) 189 – State Level Performance Goal and Local Area Negotiations (Attachment) Page 60

i. Receive WSDD 190 Services and Referrals to Victims of Human Trafficking (Attachment) Page 69

j. Receive Workforce Services Information Notice (WSIN) WSIN 18-04 CAAL –Skills – Letter of Intent to Apply Evaluation and Assessment (Attachment) Page 74

k. Receive WSIN 18-05 CalJOBS Local Grant Codes (Attachment) Page 75 l. Receive WSIN 18-06 Pathway to Services Webinar Series (Attachment) Page

76 m. Receive WSIN 18-07 Hilighting the Success of the Workforce Development

System (Attachment) Page 77 n. Receive WSIN 18-08 Campesino De California Outreach – SFP (Attachment)

Page 78 o. Receive WSIN 18-09 Forthcoming Statewide WIOA Co-Enrollment Guidance

(Attachment) Page 79 p. Receive WSIN 18-10 Disability Employment Accelerator – SFP (Attachment)

Page 80 q. Receive/Review/Approve November WIB Agenda (Attachment) Page 81

8. Reports

a. Ken Garrett, WIB Chair b. Elaine Lytle, Executive Director c. Michael Indiveri, One-Stop Operator (Attachment) Page 83

9. Other Business That May Come Before the Board 10. Adjourn 11. Next Meeting:

December 5, 2018 – 9:00AM – 10:30AM Yolo County Health and Human Services Agency

America’s Job Center of California 25 North Cottonwood St., Woodland, CA 95695

Clarksburg Room

Accommodation: In accordance with Section 202 of the Americans with Disabilities Act, if you require special assistance, meeting materials to be in an alternative format, auxiliary aids, or other person to assist you while attending the meeting, we will provide reasonable accommodation to allow participation. Contact Ashley Abreu at (530) 661-2750 ext. 4327 at least 3 business days prior to the meeting to facilitate arrangement. This WIOA Tille l - financially assisted program or activity is an equal opportunity employer/program. Auxiliary aids and services available upon request to individuals with disabilities. California Relay Service 711 or 1·800-735-2922 (English). 1-800-855-3000 (Spanish). For more about the Yolo County Workforce Innovation Board·log on to www.yoloworks.org

http://www.yoloworks.org/

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www.yoloworks.org


American’s Job Center of California - One-Stop Career Center Locations West Sacramento Woodland 500-A Jefferson Blvd., Building A 25 N. Cottonwood St (916) 375-6200 x4327 (530) 661-2750 x4327

Board Members All Phase Security Inc.





Clark Pacific

DMG MORI


Marquez Designs

Olam West Coast

PrideStaff


Stonegate Lawncare



Woodland Aviation




TO: Members of the Workforce Innovation Board, Executive Committee FROM: Elaine Lytle, WIB Executive Director

DATE: October 29, 2018

SUBJECT: APPOINTMENT OF WORKFORCE INNOVATION BOARD (WIB) EXECUTIVE COMMITTEE MEMBER

RECOMMENDED ACTION Recommend the appointment of Ioanna Iatridis to the WIB Executive Committee.

REASON FOR RECOMMENDED ACTION Ioanna Iatridis is recommended for membership to the WIB Executive Committee to fill the vacancy left by High Education resulting from the resignation of Don Palm in January 2018.

BACKGROUND The WIB Executive Committee has members from private business and workforce. The appointment of Ioanna Iatridis would allow for input from an institution of Higher Education to ensure recommendations on future actions have consideration from multiple membership entities.

Appointment of Board members is based on Workforce Innovation Board (WIB) By-laws section 14.d) which states, “The Executive Committee may appoint other WIB members from among the … Higher Education…” Section e.) states, “The Executive Committee may make such recommendations to the WIB as it deems necessary and appropriate.” AGENCY COORDINATION

The WIB Executive Committee will continue to collaborate, taking into consideration multiple perspectives, and make recommendations regarding workforce issues, relating to WIOA oversight of employment and training programs at the local level. FISCAL IMPACT There is no fiscal impact to this action.

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www.yoloworks.org








Clark Pacific

DMG MORI


Marquez Designs

Olam West Coast

PrideStaff


Stonegate Lawncare



Woodland Aviation




TO: Members of the Workforce Innovation Board, Executive Committee FROM: Elaine Lytle, WIB Executive Director

DATE: October 29, 2018

SUBJECT: PROPOSAL FOR WIB STANDING COMMITTEE

RECOMMENDED ACTION Recommend the establishment of a WIB Standing Committee with the primary mission to assist in integrating resources to empower young adults to form individual careers.

REASON FOR RECOMMENDED ACTION The proposed standing committee targets the young adult population and shares aligned values to the WIB, in preparing young adults to be career ready.

BACKGROUND The proposed standing committee works to address issues which affect economic prosperity in the local area. The current focus for the proposed standing committee is specifically related to building soft skills for young adults in Yolo County, while connecting them with local businesses and industry sectors.

The proposal of the standing committee is based on Workforce Innovation Board (WIB) By-laws section 15.a) which states, “Standing committees may be established to provide information and assist in carrying out WIB responsibilities under WIOA sec. 107.” AGENCY COORDINATION

The standing committee will report out information to the WIB Executive Committee, providing regular status updates. FISCAL IMPACT There is no fiscal impact to this action. Attachment: Yolo Career Alliance Meeting Notes.

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I. Attendance at Meeting (First and Last Name; Alpha order by last name) Members: Lorraine Beaman, Michael Bisch, Kathy Brian, Noel Bruening, Betty Callaway, Suzanne Falzone, Mariella Guzman-Aguilar, Erica Johnson, Trish Kelly, Susan Kirby, Carmelo Miranda, Edwin Ortega Beltrán, Larry Ozeran, Jayne Williams Tri-Chairs: Ioanna (Yanna) Iatridis, Elaine Lytle, Lori Perez

II. Meeting Agenda Abbreviation Key C = Consent | D = Discussion | P = Planning | A = Action | TP = Tactical Plan | YCA = Yolo Career Alliance Welcome and Introductions At 3:00 PM, Yanna Iatridis, Elaine Lytle and Lori Perez provided a welcome to the YCA Team and introductions were made of all attendees. The YCA engaged in a robust discussion about the focus of this team, along with mission and vision statements. The team developed the following mission and vision statements: Mission: Integrating Resources to empower young adults to form individual careers. Vision: To have every young adult career ready. The YCA has matured into a strong working team that will continue its work to address issues that affect economic prosperity in our region. Going forward YCA’s focus, aligned with WIB, is to provide soft skills to young adults (16-25) in Yolo County and connecting them with our local business/industry partners. Proposal for the team to work as Hub that gathers, develops, and process data of our regional economic needs. Using this data our team can develop a map that will outline a path bringing young adults to successful jobs and careers. YCA created a task force, which will meet on October 24 to discuss and develop an action plan. This action plan will be presented at the November 16th YCA Team Meeting. Team Member Updates

• Career Development Workshop Series at WCC, every Friday starting Oct.19 through Nov.9 • All Leaders Must Serve Event October25 6PM-8PM at Historic Hotel Woodland

Future Meeting- The next Yolo Career Alliance Team Meeting will be November 16, 2018 at 1PM-2:30PM at Woodland Community College, 2300 East Gibson Road, Building 800, Room 101, Woodland, CA 95776 Adjournment- Meeting was adjourned at 4:30PM

III. Action Items Assigned to Due Date

Meeting Notes Edwin Ortega Beltrán Yolo Career Alliance Team Meeting YCA Team 11/16/2018

Meeting Name: Yolo Career Alliance Time: 3:00 PM – 4:30 PM Date of Meeting: October 10, 2018 Meeting Leader: Tri-Chairs

Meeting Purpose: YCA Team Meeting Prepared by: Edwin Ortega Beltrán

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Clark Pacific

DMG MORI

Los Rios Community College

Marquez Designs

Olam West Coast

PrideStaff


Stonegate Lawn Care



Woodland Aviation




TO: Members of the Executive Committee FROM: Elaine Lytle, Executive Director DATE: October 29, 2018 SUBJECT: REGIONAL AND LOCAL PLANS PY 17-21 – TWO YEAR MODIFICATIONS

(WORKFORCE SERVICES DIRECTIVE 18-1) RECOMMENDED ACTION

Receive the Capital Regional Planning Unit’s Notice of Public Input Meetings and Plan Modification Calendar. REASON FOR RECOMMENDED ACTION

Workforce Services Directive (WSD) 18-01, a state policy, provides local guidance and establishes the procedures regarding the two year modification of regional and local plans required by the Workforce Innovation and Opportunity Act ( WIOA). This policy applies to Regional Planning units (RPUs) and Local Workforce Development Boards (Local Boards). WSD 18-01 provides specific guidance and instructions on both required and elective modifications to local and regional plans. The directive includes the following: • Conditions and processes for robust stakeholder engagement during the regional and

local plan modification process. • Deliverables for regional and local plan modifications:

o Required and elective regional plan modifications to align, coordinate, and integrate reentry and workforce services to the formerly incarcerated and other justice-involved individuals.

o Required and elective local plan modifications arising from regional or local partnerships with county human service CalFresh programs.

o Required and elective local plan modifications arising from regional or local partnerships with Local Child Support Agencies (LCSAs) to provide workforce services to unemployed, underemployed, and payment-delinquent non-custodial parents.

o Required and elective local plan modifications arising from regional or local partnerships with programs that serve individuals with disabilities, including detail on strategies to implement Competitive Integrated Employment.

o Required and elective local plan requirements pertaining to services for English Language Learners, the Foreign Born, and Refugees.

o Required regional plan content detailing compliance with State Plan guidance and state law relating to Multi-Craft Core Curriculum (MC3) pre-apprenticeship partnerships.

o Required regional self-assessment using Indicators of Regional Coordination and Alignment.

o Other changes to regional and local plans made pursuant to changes in labor market and economic conditions or in other factors affecting the implementation of local or regional plans, including modifications to negotiated performance

www.yoloworks.org



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https://www.edd.ca.gov/Jobs_and_Training/pubs/wsd18-01.pdf

goals. • Submission process and Scoring Rubric. BACKGROUND Under WIOA, a biennial update of regional and local plans is required in order to ensure plans remain current and account for “changes in labor market and economic conditions or in other factors affecting the implementation of the local plan” (29 U.S. Code § 3123). The California Workforce Development Board (State Board) has also made changes to the State Plan which require that Local Boards update their plans to keep them consistent with the policy direction of the State Plan. FISCAL IMPACT The WIOA portion of the HHSA budget will remain intact if the regional and local plans receive minimum scores as defined in WSD18-01. AGENCY COORDINATION Executive Directors of the four (4) Local Workforce Development Boards (Golden Sierra, North Central Counties Consortium, Sacramento Employment and Training Agency, and Yolo County) that comprise the Capital Regional Planning Unit will continue to collaborate together to update the PY 17-21 Two-Year Modification to the Regional Plan. Attachments: Notice of Public Input Meetings and Plan Modification Calendar

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For additional information, please contact Heather Luke at (916)263-4072, [email protected].

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CAPITAL Region Workforce Boards (Golden Sierra, North Central Counties, Sacramento County and Yolo County)

Workforce Innovation and Opportunity Act (WIOA) PLAN MODIFICATION CALENDAR

(Dates and Times are subject to change)

DATE EVENT Thursday, November 1, 2018 Planning/Public Input Meeting #1 – North Central Counties 9:30 a.m. – 11:30 a.m. Location: 950 Tharp Rd., Bldg. 1100, Rm. 311, Yuba City, CA 95991 Thursday, November 8, 2018 Planning/Public Input Meeting #2 – Golden Sierra 10:30 a.m. – 12:30 p.m. Location: 1536 Eureka Rd., Roseville, CA 95661 Thursday, November 15, 2018 Planning/Public Input Meeting #3 – Yolo County 9:30 a.m. – 11:30 a.m. Location: 25 N. Cottonwood St., Woodland, CA 95695 Thursday, November 29, 2018, 5:00 p.m. Planning/Public Input Meeting #4 – Sacramento County 5:00 p.m. – 7:00 p.m. Location: 925 Del Paso Blvd., Sacramento, CA 95815 Friday, January 18, 2019, 5:00 p.m. Release of WIOA Draft Regional/Local Plan Modification Thursday, February 21, 2019, 2:00 p.m. Approval of WIOA Draft Regional/Local Plan Modification – North Central Counties Workforce Development Board Wednesday, February 27, 2019, 8:00 a.m. Approval of WIOA Draft Regional/Local Plan Modification –

Sacramento Workforce Development Board Thursday, March 7, 2019, 10:00 a.m. Approval of WIOA Draft Regional/Local Plan Modification – SETA Governing Board Friday, March 15, 2019 Deadline to Submit Regional/Local Plan Modification – Unsigned Thursday, March 21, 2019, 1:00 p.m. Approval of WIOA Draft Regional/Local Plan Modification – Golden Sierra Workforce Development Board Wednesday, April 10, 2019, 8:30 a.m. Approval of WIOA Draft Regional/Local Plan Modification –

Yolo County Workforce Development Board Thursday, August 1, 2019 Deadline to Submit Regional/Local Plan Modification – Signed

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mailto:[email protected]

NOTICE OF PUBLIC INPUT MEETINGS

The Capital Region’s Workforce Boards are soliciting public input on

modifications to the Workforce Innovation and Opportunity Act (WIOA)

Regional/Local Plans.

Dates and locations of Public Input Meetings are as follows:

November 1, 2018 (Thursday) - 9:30 a.m.-11:30 a.m. North Central Counties Consortium 950 Tharp Rd., Bldg. 1100, Rm. 311, Yuba City, CA 95991 (Garden Room) November 8, 2018 (Thursday) – 10:30 a.m.-12:30 p.m. Golden Sierra Job Training Agency 1536 Eureka Rd., Roseville, CA 95661 November 15, 2018 (Thursday) – 9:30 a.m.-11:30 a.m. Yolo County Workforce Innovation Board 25 N. Cottonwood St., Woodland, CA 95695 (Clarksburg Room) November 29, 2018 (Thursday) – 5:00 p.m.-7:00 p.m. Sacramento Employment and Training Agency 925 Del Paso Blvd., Sacramento, CA 95815 (Board Room)

Members of the community wishing to submit written input may email it to the

attention of Heather Luke at [email protected].

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Workforce Innovation Board Purpose: This committee serves as an intermediary to assist the local service administration to respond to the

business community. It is the contact point in the local service delivery systems and combines education and training in order to become more responsive to local employment and business development. It provides direction for the establishment of programs designed to prepare eligible youth, dislocated workers, and unskilled adults for entry into the labor force.

Authority: Resolution No. 15-146 (12/15/15)

Related County Department: Health and Human Services Agency

Staff Liaison: Lisa Vincent

Telephone: 530-406-4458

Email: [email protected]

Board of Supervisors representative: Supervisor Don Saylor

Telephone: 530-666-8622 Email: [email protected]

Makeup of membership: 19-25 members appointed by the Board of Supervisors: Minimum: Business (51%) Workforce (20%) / Labor (15%) Adult Education/ Literacy (1) Vocational Rehabilitation (1) Higher Education (1) Wagner-Peyser (1) Economic Development (1) Membership terms: 4 years from the date of appointment

Frequency and time of meetings: Meets Bi-Monthly (January, March, May, July, September, November) the 2nd Wednesday at the Health and Human Services Agency in Woodland from 8:30 – 9:30 a.m.

Current Committee membership and terms:

Member Category Date Appointed

Expiration of Term

Business Representatives

Benny Mitchell Jr. Olam West Coast 12/15/2015 12/15/2019

VACANT

Gary Pelfrey – Vice Chair Woodland Aviation 12/15/2015 12/15/2019

Jennifer Pike Clark Pacific 12/15/2015 12/15/2019

John Pickerel Buckhorn Steakhouse 12/15/2015 12/15/2019

John Rodriguez The Scoop Frozen Yogurt Shop 12/15/2015 12/15/2019

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Kenneth D. Garrett Jr. – Chair All Phase Security, Inc. 12/15/2015 12/15/2019

Michele Fadling DMG Mori 12/15/2015 12/15/2019

Paul Basi Pride Staff 12/15/2015 12/15/2019

Maximiliano Gonzalez Stonegate Lawn Care 3/6/2018 3/6/2022

Denice Seals West Sacramento Chamber of Commerce 3/6/2018 3/6/2022

Pascual Marquez Marquez Designs 5/22/2018 5/22/2022

Workforce/Labor

Alice B. Tapley Yolo Employment Services 12/15/2015 12/15/2019

Sarah McGinn SEIU Local 1000 9/25/2018 9/25/20122

Maggie Campbell Laborers Local 185 (LiUNA) 12/15/2015 12/15/2019

VACANT

Rob Carrion – 2nd Vice Chair

Operating Engineers Local Union No. 3 12/15/2015 15/15/2019

Adult Education/Literacy

Susan Moylan Woodland Adult Education 12/15/2015 12/15/2019

Vocational Rehabilitation

Robyn David-Harris Dept. of Rehabilitation 12/15/2015 12/15/2019

Higher Education

Ionna Iatridis Woodland Community College 3/6/2018 3/6/2022

Theresa Milan Los Rios Community College 3/6/2018 3/6/2022

Wagner-Peyser

Randy Bloomfield Employment Development Department 12/12/2017 12/12/2021

Economic Development

Wendy Ross City of Woodland 12/15/2015 12/15/2019

How to apply to be a member of this committee: Individuals interested in serving on this advisory body may submit an application to the Yolo County Board of Supervisors’ Office, 625 Court Street, Room 204, Woodland, CA 95695 or by completing an application on our website at www.yolocounty.org> Residents> Advisory Bodies. For more information please call the Clerk of the Board at (530) 666-8195.

Last updated: 10/12/18

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Date: August 29, 2018 Number: WSD18-03

Revised October 23, 2018 Page 1 of 7 69:02

PATHWAY TO SERVICES, REFERRAL, AND ENROLLMENT

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding verifying authorization to work and making services accessible to all populations. This policy applies to all Local Workforce Development Areas (Local Area), and is effective immediately.

In keeping with the California Unified Strategic Workforce Plan, this Directive seeks to support economic growth by preparing a workforce for California’s employers, ensuring that the workforce system in California is inclusive of all populations, and promoting flexibility in how services are delivered across the state. By providing clear guidance, the state seeks to assist Local Areas in collecting evidence of authorization to work and in providing important and valued services to all individuals, including but not limited to, individuals with limited English proficiency, homeless individuals, ex-offenders, transient youth, and those engaged in citizenship attainment.

This policy contains only state-imposed requirements.

This Directive finalizes Workforce Services Draft Directive Pathway to Services, Referral, and Enrollment (WSDD-179), issued for comment on April 13, 2018. The Workforce Development Community submitted 23 comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 2.

This policy supersedes Workforce Services Directive Authorization to Work Verification Requirements (WSD13-1), dated July 2, 2013, and Workforce Services Draft Directive Authorization to Work Verification Procedures (WSDD-161), dated January 17, 2017. Retain this Directive until further notice.

REFERENCES

• Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128), Section188(a)(5)

• Title 8 Code of Federal Regulations (CFR) Part 274a.6• Title 20 CFR Sections 677.150, 680.900, and 680.910

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https://cwdb.ca.gov/plans_policies/wioa_unified_strategic_workforce_development_plan/

Page 2 of 7

• Training and Employment Guidance Letter (TEGL) 02-14, Subject: Eligibility of Deferred Action for Childhood Arrivals (DACA) Participants for Workforce Investment Act and Wagner-Peyser Act (W-P) Programs (July 14, 2014)

• TEGL 10-16 Change 1, Subject: Performance Accountability Guidance for WIOA Title I, Title II, Title III and Title IV Core Programs (August 23, 2017)

• TEGL 19-16, Subject: Guidance on Services Provided through the Adult and Dislocated Worker Program under the WIOA and W-P, as Amended by WIOA, and for Implementation of the WIOA Final Rules (March 1, 2017)

• Senate Bill (SB) 733 (Russell), Chapter 819, Statutes of 1993 • Assembly Bill (AB) 2532 (Chiu), Chapter 759, Statutes of 2016 • The United States Citizenship and Immigration Services (USCIS), Handbook for

Employers, Instructions for completing Form I-9 • USCIS Form I-9, Employment Eligibility Verification • Workforce Services Information Notice WSIN17-09, Subject: CalJOBSSM Activity Codes

(October 29, 2017) • WSIN17-31, Subject: Eligibility of DACA Recipients for WIOA Services (April 13, 2018)

BACKGROUND

In 1993, the passage of SB 733 created a state-imposed eligibility requirement for employment services. The law required government agencies, community action agencies, and private organizations contracting with the government to verify an individual’s legal status or authorization to work prior to providing employment services. Additionally, it required these entities to publicly post that only U.S. citizens and those authorized to work in the U.S. could receive services. In 2016, Governor Brown signed AB 2532, which repealed these requirements.

Therefore, California no longer has a state requirement to verify authorization to work. Additionally, there is no work authorization verification requirement in WIOA. However, the federal Immigration Reform and Control Act requires employers to verify a job seeker’s authorization to work documents prior to employment. At the same time, federal immigration regulations authorize state employment agencies to verify authorization to work (Title 8 CFR Section 274a.6).

Generally, WIOA participants receive job referrals during their period of participation in a program. Additionally, at times Local Areas are the employer of record or coordinating services concurrently with an employer. In these instances, an individual cannot participate unless they are authorized to work to the U.S.

For these reasons, this Directive provides guidance on verification of authorization to work documents, including which services require verification, when to ask, and where to refer individuals for additional services. This Directive also provides a pathway to services for those

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https://wdr.doleta.gov/directives/attach/TEGL/TEGL_2-14.pdf

https://wdr.doleta.gov/directives/attach/TEGL/TEGL_10-16-Change1.pdf

https://wdr.doleta.gov/directives/attach/TEGL/TEGL_19-16.pdf

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=199319940SB733

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB2532

https://www.uscis.gov/i-9

http://www.edd.ca.gov/jobs_and_training/pubs/wsin17-09.pdf

http://www.edd.ca.gov/Jobs_and_Training/pubs/wsin17-31.pdf

Page 3 of 7

individuals who do not possess authorization to work documents. California seeks to prohibit discrimination and make workforce services accessible to all populations. POLICY AND PROCEDURES

Verification Procedures for WIOA and W-P Services

WIOA Title I and Title III staff may verify an individual’s authorization to work in accordance with the requirements of the USCIS Form I-9, Employment Eligibility Verification, during the period of participation. Local Areas have the flexibility to determine when authorization to work documentation is required during this period. However, staff must verify when services necessitate coordination with an employer such as on-the-job training and job referrals.

“Period of Participation” Guidance

The period of participation refers to the period of time beginning when an individual becomes a participant and ending on the participant’s date of exit from the program. Exit generally occurs when a participant has not received services for a specified period of time and has no additional services scheduled. Local Areas must have procedures in place to verify an individual’s authorization to work documents no earlier than the start of participation. When determining the point of asking an individual for authorization to work documentation, Local Areas may take into account the following:

• Nature of the services to be provided • Need for services to be provided on an expedited basis • Length of time during which services will be provided • Co-enrollment opportunities with WIOA Title II • The cost of providing the services/training

In order to prepare participants for employment and foster positive relationships with employers, staff should make participants aware of federal law requiring employers to verify employment authorization prior to employment, and must verify a participant’s authorization to work documents prior to providing a job referral.

For WIOA Title I and Title III – Participation starts when an individual receives a Staff-Assisted Basic Career service, Individualized Career service, or Training service. Authorization to work verification is not required for Basic Career services that are self-service or information-only activities. For customers who receive self-service or information-only activities, only demographic information is collected and reported. When verifying authorization to work, staff must retain either hard copies or scanned copies of the individual’s Form I-9 documents. However, staff are strongly encouraged to scan authorization to work documents into CalJOBS. Scanning documents into CalJOBS facilities a one-time verification process should an individual visit a different America’s Job Center of CaliforniaSM (AJCC).

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https://www.uscis.gov/i-9-central/acceptable-documents

Page 4 of 7

The Title I and III service category definitions are briefly described below. For a comprehensive list of definitions and CalJOBS activity codes, see CalJOBS Activity Codes, WSIN17-09.

• Self-Service Basic Career services – An individual independently uses services at an AJCC with minimal or no staff assistance (e.g., self-service labor market research, job search, use of AJCC resource room, referral to a partner program, etc.). Self-service also includes staff establishing access to CalJOBS for an individual or looking up a password. Individuals using self-services only do not count toward performance measures.

• Staff-Assisted Basic Career services – An individual requires an assessment by a staff member of the individual’s skills, education, or career objectives (e.g. proficiency testing, resume preparation assistance, job referrals, etc.).

• Individualized Career services – An individual receives WIOA-funded services that are appropriate for them to obtain or retain employment (e.g., development of an individual employment plan, English as a second language services, work experience, etc.).

• Training services – An individual receives services that include WIOA-funded training and/or support and coaching.

The following chart is intended to aid Local Areas in establishing policy on when to ask for authorization to work documents. The flow chart takes into account which services trigger participation as well as which services impact the Local Area’s relationship with employers. Where a service triggers participation and necessitates that the Local Area coordinates the services with an employer, Local Areas must verify the individual’s work authorization documents. Local Areas are not required to verify work authorization documents for services that do not require coordination with an employer.

Authorization to Work Service Flow Chart Service Triggers participation Authorization to Work

Basic Career - Self-service and information-only activities, including program referrals, outreach, intake, orientation, eligibility determination

No Cannot verify

Basic Career – Staff-Assisted, including initial assessment, job placement, career counseling

Yes

May verify for activities such as initial assessment

and career counseling Must verify for job

placement assistance

Individualized Career Yes May verify for activities

such as occupational career counseling, aptitude

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testing, mentoring, and group counseling

Must verify for employment activities such

as work experiences, transitional jobs,

internships, and pre-apprenticeship training

Training Yes

May verify for classroom training

Must verify for employment activities

Single Verification Process

AJCC partners with verification requirements are encouraged to coordinate verification to increase efficiency of the process and prevent participants from having to repeatedly present Form I-9 documents. Once authorization to work is verified by one program, staff in a separate program do not need to re-verify. Further, WIOA Title I and Title III must coordinate a local policy that establishes a point of verification within each program that mirrors each other where possible. For example, WIOA Title I should not require authorization to work verification for Unemployment Insurance claims assistance when Title III does not require authorization to work verification for this activity.

Referrals to Partner Programs

Under WIOA Title II, participation starts when adults who are basic skills deficient, lack a high school diploma or its equivalent, function below the level of a high school graduate, or are unable to speak, read, or write the English language, enroll in and attend WIOA Title II adult education, English language instruction, and/or integrated education from eligible providers (school districts, community colleges, libraries, community based organizations, or other public or private non-profit entities). There is no requirement for a WIOA Title II provider to verify authorization to work or retain documentation. Local Areas are encouraged to refer individuals who are not authorized to work in the United States to WIOA Title II and other programs that do not require authorization to work documentation.

Local Areas are encouraged to work with Title II partners and other partners without authorization to work requirements to co-enroll individuals with the goal of helping the participant obtain citizenship, authorization to work, and meaningful employment. Possible scenarios are included in Attachment 1, Frequently Asked Questions. In the case of co-enrollment between any of the WIOA core partners, both partners may count all performance outcomes achieved. For additional resources to align programs see Funding Career Pathways and Career Pathway Bridges: A Federal Policy Toolkit for States. For a list of services the

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https://www.clasp.org/publications/report/brief/funding-career-pathways-and-career-pathway-bridges-federal-policy-toolkit

https://www.clasp.org/publications/report/brief/funding-career-pathways-and-career-pathway-bridges-federal-policy-toolkit

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California Department of Social Services (CDSS) provides to immigrants, see the CDSS website Immigration Services.

Supportive Services

Possessing authorization to work documents is not only critical for individuals to participate in workforce and training programs, but to fully integrate into society and the local economy. Often vulnerable populations who are legally authorized to work in the United States such as the homeless, ex-offenders, and transient youth lack physical copies of authorization to work documents due to their circumstances. Local Areas are strongly encouraged to enroll such individuals and use supportive services to help the individual obtain authorization to work documents. Supportive services such as legal aid are available to participants enrolled in Basic Career, Individualized Career, or Training services. For participants enrolled in Training services, supportive services may include needs related payments to help cover the cost of obtaining or renewing authorization to work documents. If a Local Area chooses to provide such support, the Local Area must include it in their local policy. (Title 20 CFR Sections 680.900 and 680.910) Local Policy Local Areas must coordinate with the Title III partner to establish a local authorization to work policy that identifies the point(s) during the period of participation when AJCC staff must verify a participant’s work authorization documentation. In addition, the policy must include procedures for storing/accessing authorization to work documents (i.e., scanned or hard copy). Local Areas must have the authorization to work policy in place by March 15, 2019.

Public Notification

Because individuals may receive employment services and services from other partners in an AJCC without first providing their authorization to work documents, Local Areas should remove public notices that state employment services are available only to individuals who are U.S. citizens or legally authorized to work in the United States. Posting such signs may discourage individuals who are legally entitled to services from entering an AJCC. ACTION

Please bring this Directive to the attention of all relevant parties.

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http://www.cdss.ca.gov/Immigration-Services

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INQUIRIES

If you have any questions, contact your Regional Advisor.

/S/ JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Attachments are available on the internet:

1. Frequently Asked Questions 2. Summary of Comments 3. Errata Chronology

21

http://www.edd.ca.gov/jobs_and_training/Regional_Advisor_Listing.htm

wsd18-03att1.docx

wsd18-03att2.docx

wsd18-03att3.docx

Date: August 31, 2018 Number: WSD18-04

Page 1 of 3 69:97

70 PERCENT LLSIL AND POVERTY GUIDELINES FOR 2018

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding the 70 Percent Lower Living Standard Income Level (LLSIL) for 2018 published by the U.S. Department of Labor (DOL) in the Federal Register on May 29, 2018. This policy also issues the 2018 poverty guidelines published by the U.S. Department of Health and Human Services (HHS) in the Federal Register on January 18, 2018. This policy applies to all Local Workforce Development Areas (Local Area) and is effective on their dates of publication in the Federal Register, May 29, 2018, and January 18, 2018 respectively.

This policy contains some state-imposed requirements. All state-imposed requirements are indicated by bold, italic type.

This Directive finalizes Workforce Services Draft Directive 70 Percent LLSIL and Poverty Guidelines for 2018 (WSDD-182), issued for comment on June 11, 2018. The Workforce Development Community submitted one comment during the draft comment period. A summary of comments is provided as Attachment 2.

This policy supersedes Workforce Services Directive 70 Percent LLSIL and Poverty Guidelines for 2017 (WSD17-04), dated August 25, 2017. Retain this directive until further notice.

REFERENCES

• Workforce Innovation and Opportunity Act (WIOA) Sections 3(36), 127(b)(2)(C),132(b)(1)(B)(v)(IV), 134(a)(3)(A)(xii), and 134(d)(1)(A)(x)

• Federal Register, Volume 83, Number 103, “WIOA 2018 LLSIL” (May 29, 2018)• Federal Register, Volume 83, Number 12, “Annual Update of the HHS Poverty Guidelines”

(January 18, 2018)

22

https://www.gpo.gov/fdsys/pkg/FR-2018-05-29/pdf/2018-11461.pdf?utm_campaign=subscription%20mailing%20list&utm_source=federalregister.gov&utm_medium=email

https://www.gpo.gov/fdsys/pkg/FR-2018-01-18/pdf/2018-00814.pdf

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BACKGROUND

The WIOA Section 3(36)(A) sets the criteria Local Areas must use to determine whether an individual is a low-income individual. These criteria include two sets of data: the poverty guidelines as published by HHS, and the 70 percent of the LLSIL, as published by DOL. The Local Areas must use the higher of these two measures to establish low-income status for eligibility purposes of WIOA Title I programs. The WIOA requires annual revisions to both sets of data. All Local Areas use the same poverty guidelines. However, the LLSIL identifies maximum qualifying income levels for residents in either of two broad geographic designations: metropolitan and non-metropolitan areas. Metropolitan income levels apply to residents living within Metropolitan Statistical Areas (MSAs) as defined by the Office of Management and Budget. Non-metropolitan income levels apply to places with populations under 50,000. In addition to the broad metropolitan and non-metropolitan designations, the DOL identifies three MSAs in California that have unique LLSILs; the San Francisco/Oakland/San Jose MSA, the Los Angeles/Riverside/Orange County MSA, and the San Diego MSA.

POLICY AND PROCEDURES

Follow these steps to determine if a person is a low income individual:

1. Select the appropriate table for use by your Local Area from the five tables in the attachment (In those instances where a Local Area encompasses both metropolitan and non-metropolitan areas, the state has designated the higher of LLSIL figures for use in the entire Local Area). 2. Use the higher of either the LLSIL or the poverty guidelines for the appropriate family size to determine low income status. A comparison of the applicant’s actual family income during the six-month income determination period with the six-month figures on the charts enables the reviewer to immediately determine income status. 3. Local Workforce Development Boards must set the criteria for determining whether employment leads to self-sufficiency. At a minimum, such criteria must provide that self-sufficiency means employment that pays at least 100 percent of the LLSIL established for a Local Area.

ACTION

Notify all affected staff of the changes to the LLSIL and poverty guidelines in this directive.

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INQUIRIES

If you have any questions, contact your Regional Advisor at 916-654-7799.


1. 70 Percent of LLSIL and Poverty Guidelines for 2018 2. Summary of Comments

24

https://www.edd.ca.gov/Jobs_and_Training/Regional_Advisor_Listing.htm

wsd18-04att1.docx

wsd18-04att2.docx

ATTACHMENT 1

70 PERCENT LLSIL AND POVERTY GUIDELINES FOR 2018

Page 1 of 3

The Lower Living Standard Income Level (LLSIL) and poverty guidelines are used to establish low-income status for Workforce Innovation and Opportunity Act (WIOA) Title I programs. Local Workforce Development Areas (Local Area) use the LLSIL to determine eligibility of youth, eligibility of employed adults for certain services, and self-sufficiency. Local Areas should consult the WIOA for more specific guidance.

Tables 1 through 5 show the 70 percent LLSIL and the poverty guidelines for western metropolitan and non-metropolitan areas, and for three specific Metropolitan Statistical Areas in California. In addition, each LLSIL table includes the 100 percent LLSIL that establishes the Department of Labor minimum self-sufficiency levels. The last column in each table shows the amount to be added to the figure for a family of six for each additional family member.

Since the income received during the six-month period immediately prior to the individual's application for WIOA funded services is used for income determination, each chart below shows the six-month, as well as the annual, figures for each family size. A comparison of the applicant's actual family income during the six-month income determination period with the six-month figures on the charts enables the reviewer to immediately determine an individual’s eligibility. Effective Dates

LLSIL May 29, 2018 Poverty Guidelines January 18, 2018

Table 1 — San Diego Metropolitan Statistical Area

Local Area San Diego Consortium

Family Size

1 2 3 4 5 6 Each Add'l add

70% LLSIL Annual $12,429 $20,361 $27,956 $34,508 $40,723 $47,627 $6,904 6 Months $6,215 $10,181 $13,978 $17,254 $20,362 $23,814 $3,452 100% $17,756 $29,087 $39,937 $49,297 $58,176 $68,039 $9,863 Poverty Guidelines

Annual $12,140 $16,460 $20,780 $25,100 $29,420 $33,740 $4,320 6 Months $6,070 $8,230 $10,390 $12,550 $14,710 $16,870 $2,160

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Table 2 — Los Angeles/Riverside/Orange County Metropolitan Statistical Area

Local Areas Anaheim Foothill E&T Consortium Pacific Gateway Los Angeles City Los Angeles County

Orange County Riverside County Santa Ana City San Bernardino County SELACO Consortium

South Bay Consortium Ventura County Verdugo Consortium

Family Size


70% LLSIL Annual $11,127 $18,234 $25,034 $30,904 $36,468 $42,654 $6,186 6 Months $5,564 $9,117 $12,517 $15,452 $18,234 $21,327 $3,093 100% $15,895 $26,048 $35,763 $44,149 $52,097 $60,935 $8,838 Poverty Guidelines Annual $12,140 $16,460 $20,780 $25,100 $29,420 $33,740 $4,320 6 Months $6,070 $8,230 $10,390 $12,550 $14,710 $16,870 $2,160

Table 3 — San Francisco/Oakland/San Jose Metropolitan Statistical Area

Local Areas Alameda County Contra Costa County Workforce Alliance of the North Bay

NOVA Consortium Oakland City Richmond City San Benito County San Francisco City/County

San Jose/Silicon Valley Santa Cruz County Solano County Sonoma County

Family Size


70% LLSIL

Annual $12,165 $19,933 $27,357 $33,772 $39,856 $46,613 $6,757 6 Months $6,083 $9,967 $13,679 $16,886 $19,928 $23,307 $3,379 100% $17,378 $28,475 $39,082 $48,246 $56,936 $66,591 $9,655 Poverty Guidelines

Annual $12,140 $16,460 $20,780 $25,100 $29,420 $33,740 $4,320 6 Months $6,070 $8,230 $10,390 $12,550 $14,710 $16,870 $2,160

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Table 4 — Metropolitan Areas

Local Areas Fresno County Golden Sierra Consortium Imperial County Kern/Inyo/Mono Consortium Kings County Madera County

Merced County Monterey County NoRTEC Consortium North Central Counties Consortium Sacramento City/County Consortium

San Joaquin County San Luis Obispo County Santa Barbara County Stanislaus County Tulare County Yolo County

Family Size


70% LLSIL


Annual $12,140 $16,460 $20,780 $25,100 $29,420 $33,740 $4,320 6 Months $6,070 $8,230 $10,390 $12,550 $14,710 $16,870 $2,160

Table 5 — Non-metropolitan Areas

Local Areas Humboldt County Mother Lode Consortium

Family Size


70% LLSIL


Annual $12,140 $16,460 $20,780 $25,100 $29,420 $33,740 $4,320 6 Months $6,070 $8,230 $10,390 $12,550 $14,710 $16,870 $2,160

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Date: September 4, 2018 Number: WSD18-05

Page 1 of 12 69:01

WIOA GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding grievances and complaints alleging noncriminal violations of Workforce Innovation and Opportunity Act (WIOA) Title I requirements. This policy applies to all WIOA Title I recipients and subrecipients, and is effective immediately.


This Directive finalizes Workforce Services Draft Directive WIOA Grievance and Complaint Resolution Procedures (WSDD-176), issued for comment on February 14, 2018. The Workforce Development Community submitted 10 comments during the draft comment period. A summary of comments, including all changes, is provided as attachment to the Directive.

This policy supersedes Workforce Services Directive Grievance and Complaint Procedures (WSD08-4), dated September 3, 2008. Retain this Directive until further notice.

REFERENCES

• WIOA (Public Law 113-128) Section 181(c)• Title 20 Code of Federal Regulations (CFR) Sections 683.600 and 683.610• Title 29 CFR Section 38.9• Title 22 California Code of Regulations (CCR) Division 1, Subdivision 2, Chapter 2,

Sections 5050 – 5070

BACKGROUND

Under WIOA Section 181(c), each state, Local Workforce Development Area (Local Area), and direct recipient of Title I funding is required to establish and maintain procedures for

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https://www.law.cornell.edu/cfr/text/20/683.600



https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I8D7EA15A5BB54E49833027976CC41C90&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

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participants and other interested parties to file grievances and complaints alleging violations of WIOA Title I requirements. These procedures must be made available to all relevant parties within the Local Area, including America’s Job Center of CaliforniaSM (AJCC) partners, service providers, and program participants. This Directive contains guidance regarding the receipt, hearing, resolution, and appeals process of WIOA Title I grievances and complaints at the local, state, and federal level in accordance with Title 20 CFR Sections 683.600 and 683.610. These procedures apply only to programmatic complaints alleging violations of WIOA Title I requirements in the operation/administration of WIOA programs and activities. For information on complaints alleging discrimination under WIOA Section 188 and/or Title 29 CFR Part 38, see Workforce Services Directive Nondiscrimination and Equal Opportunity Procedures (WSD17-01). For information on complaints alleging criminal fraud, waste, abuse, or other criminal activity, see Workforce Services Directive Incident Reporting (WSD12-18). Lastly, for appeals of administrative or financial sanction(s) on a Local Area resulting from monitoring, investigations, or audits, see Workforce Investment Act Directive Audit Resolution (WIAD05-17).


General Requirements The procedures set forth in this Directive must be used by all Local Areas in the development of their local grievance, complaint, and hearing procedures, and govern the treatment and handling of all grievances or complaints connected with WIOA Title I grant recipients and subrecipients. Grievances or complaints must be filed within one year of the alleged violation. All grievances, complaints, amendments, and withdrawals must be in writing. All persons filing grievances or complaints shall be free from restraint, coercion, reprisal, and discrimination. Furthermore, all recipients and subrecipients of WIOA Title I funds must make reasonable efforts to ensure their policies and corresponding information will be understood by affected participants and individuals, including youth and individuals with limited English proficiency. These efforts must comply with the language requirements of Title 29 CFR Section 38.9. WIOA Title I Governor’s Discretionary and Rapid Response subrecipients (except Local Areas) are not required to develop procedures for responding to grievances and complaints from participants and interested parties. Rather, these subrecipients must adopt the Employment Development Department’s (EDD) state level grievance and complaint procedures, and must designate an individual who will be responsible for publishing the procedures.

29

http://www.edd.ca.gov/Jobs_and_Training/pubs/wsd17-01.pdf

http://www.edd.ca.gov/jobs_and_training/pubs/wsd12-18.pdf

http://www.edd.ca.gov/jobs_and_training/pubs/wiad05-17.pdf

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Definitions Complainant – any participant or other interested or personally affected party alleging a noncriminal violation of WIOA Title I requirements. Complaint file – a file that is maintained in a central location within each office, which includes a copy of each complaint filed along with pertinent documentation. Compliance Review Office – the organization within the EDD that oversees the administrative resolution of WIOA programmatic complaints. Days – consecutive calendar days, including weekends and holidays. Grievance or complaint – a written expression by a party alleging a violation of WIOA Title I, regulations promulgated under WIOA, recipient grants, subgrants, or other specific agreements under WIOA. Hearing Officer – an impartial person or group of persons that shall preside at a hearing on a grievance or complaint. Local Area – the Local Area administrative entity and its subrecipients to whom the administrative entity has delegated the grievance and complaint resolution process. Participant – an individual who has been determined to be eligible to participate in and who is receiving services under a program authorized under WIOA. Participant case file – either a hard copy or an electronic file. Recipient – an entity to which a WIOA grant is awarded directly from the U.S. Department of Labor (DOL) to carry out a program under WIOA Title I. Service Provider – a public agency, private nonprofit organization, or private-for-profit entity that delivers educational, training, employment, or supportive services to WIOA participants. State Review Panel – an entity within the EDD composed of representatives from EDD's Compliance Review Office, Legal Office, and Director's Office. This panel shall review and approve or disapprove decisions and recommendations regarding grievances or complaints. Subrecipient – an entity to which a recipient awards funds and is accountable to the recipient (or higher tier subrecipient) for the use of the funds provided.

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Local Level Grievance and Complaint Resolution Procedures Local Areas must establish procedures for resolving programmatic grievances and complaints alleging violations of WIOA Title I. These local procedures are intended to resolve issues related to WIOA Title I grant programs operated by the Local Area’s administrative entity or its subrecipients. The local procedures must meet the following criteria:

1. Notice to Affected Parties

Local Areas must provide a copy of the local grievance and complaint procedures to each participant. These procedures must include the following:

• Notification that the participant has the right to file a grievance or complaint at any time within one year of the alleged violation.

• Instructions and timelines for filing a grievance or complaint. • Notification that the participant has the right to receive technical assistance

from the Local Area in filing the grievance or complaint. • Notification that the participant may file an appeal or request a separate review

by EDD if they experience an incident of restraint, coercion, or reprisal as a result of filing a complaint.

The local grievance and complaint procedures must be posted in a public location and made available to any interested parties or members of the public.

Where a hard copy case file is maintained, staff must include a signed copy of an acknowledgement of receipt of the local grievance and complaint procedures in each participant’s case file. Where an electronic case file is maintained, staff must either: (1) enter a case note indicating that this notification did occur, the date of the notification, and the name of the staff person who provided it, or (2) scan a signed copy of an acknowledgement of receipt of the local grievance and complaint procedures and attach it to the participant’s case file. Local Areas have the responsibility to provide technical assistance to complainants, including those filing grievances or complaints against the Local Area. Technical assistance includes, but is not limited to, providing instructions on how to file a complaint, and providing copies of relevant documents such as the WIOA, federal regulations, state laws and regulations, local procedures, and/or contracts. This does not require Local Areas to violate any rule of confidentiality or provide legal advice.

2. Filing a Grievance or Complaint

The official filing date of a grievance or complaint is the date it is received by the Local Area, AJCC partner, service provider, or subrecipient. The filing shall be considered a request for a hearing and the Local Area shall issue a written decision within 60 days of

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the official filing date. The Local Area shall send a copy of the grievance or complaint to the respondent. The grievance or complaint must be in writing, signed, and dated by the complainant. The Local Area should obtain the following information for all complaints. However, the absence of any of the requested information shall not be used as a basis for dismissing the grievance or complaint.

• Full name, telephone number, and mailing address of the complainant and respondent.

• A clear and concise statement of the facts and dates describing the alleged violation.

• The provision(s) of WIOA, federal regulations, grant, or other agreements under WIOA believed to have been violated.

• Grievances or complaints against individuals, including staff or participants, shall indicate how those individuals did not comply with WIOA law, regulation, or contract.

• The remedy sought by the complainant. A grievance or complaint may be amended to correct technical deficiencies at any time up to the start of the hearing. Grievances or complaints may not be amended to add new issues unless the complainant withdraws and resubmits the complaint. However, the one year time period in which a grievance or complaint may be filed is not extended for grievances or complaints refiled with amendments. Grievances or complaints may be withdrawn at any time prior to the issuance of the hearing officer’s decision.

3. Informal Resolution

The Local Area shall notify the complainant and respondent of the opportunity for an informal resolution. Respondents must make a good faith effort to resolve all grievances or complaints prior to the scheduled hearing. Failure on the part of either the complainant or respondent to exert a good faith effort shall not constitute a basis for dismissing a grievance or complaint, nor shall this be considered a part of the facts to be judged during the resolution process. The Local Area must assure that all grievances or complaints not resolved informally or not withdrawn are given a hearing, regardless of the grievance or complaint’s apparent merit or lack of merit. If a complainant and respondent are able to reach an informal resolution, a notice of resolution must be sent to the complainant and entered into the complaint file. If the informal resolution leads to an impasse between the complainant and respondent, the complainant may choose to not proceed to a hearing. If this occurs, a notice of impasse must be sent to the complainant and entered into the complaint file. In the event of resolution or impasse, the Local Area must request the complainant to provide a

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written withdrawal of the complaint within 10 days of receipt of the notice of resolution or impasse.

4. Local Level Hearing

Hearings on any grievance or complaint shall be conducted within 30 days of the filing date of the grievance or complaint:

a. Notice of Hearing

The Local Area must notify the complainant and respondent in writing of the hearing at least 10 days prior to the date of the hearing. The 10-day notice period may be shortened with written consent from both parties. The notice shall be in writing and contain the following information:

• The date of the notice, name of complainant, and the name of the party against whom the grievance is filed.

• The date, time, and location of the hearing. • A statement of the alleged violation(s). The statement must accurately

reflect the content of the grievance or complaint as submitted by the complainant. However, clarifying notes may be added to assure that the grievance or complaint is addressed accurately.

• The name, address, and telephone number of the contact person issuing the notice.

b. Conduct of Hearing

An impartial hearing officer shall conduct the hearing. All members of the Local Workforce Development Board and the local Chief Elected Official(s) are considered interested parties and cannot conduct an impartial hearing. The state suggests the Local Area seek impartial hearing officers from among the staff of legal offices or personnel departments of local municipalities or counties that will not be directly affected by, or will not implement the final resolution of, a specific grievance or complaint. The hearing must be conducted in an informal manner and not be bound by strict rules of evidence. All hearings must follow any applicable procedures established by the Local Area. Both parties have the right to be represented at their own cost, present written and oral testimony, call and question witnesses, and request and examine records and documents relevant to the issues. The hearing must be recorded electronically or by a court reporter.

c. Decision of Hearing

The hearing officer shall provide a written decision to the Local Area. The Local Area shall mail the written decision to both parties by first class mail no later

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than 60 days after the filing date of the grievance or complaint. The decision shall contain the following information:

• The names of the parties involved. • A statement of the alleged violation(s) and related issues. • A statement of the facts. • The hearing officer’s decision and reasoning. • A statement of the corrective action or remedies for violations, if any, to

be implemented. • A notice of the right of either party to request an appeal of the decision

by the State Review Panel within 10 days of receipt of the decision.

5. Local Level Appeal

If a complainant does not receive a decision within 60 days of the filing date of the grievance or complaint, or receives an adverse decision, the complainant has the right to file an appeal with the state. See the subsection below entitled Appeals of Local Level Decisions or Requests for EDD Review.

State Level Grievance and Complaint Resolution Procedures As required under Title 20 CFR Section 683.600(d), the state must establish procedures for resolving appeals of decisions issued at the local level, grievances or complaints regarding statewide workforce programs, and grievances or complaints alleging state violations of WIOA Title I requirements. Appeals of Local Level Decisions or Requests for EDD Review If the Local Area has issued an adverse decision or failed to follow the procedures in this Directive, the complainant may file an appeal with the state. Additionally, if the Local Area has not issued a decision within the 60 day time limit, or if there has been any incident(s) of restraint, coercion, or reprisal at the local level as a result of filing a grievance or complaint, the complainant may file a request for EDD review. The appeal or request for EDD review must be in writing, signed, and dated by the complainant. The state will attempt to obtain the following information. However, the absence of any of the requested information will not be used as a basis for dismissing the appeal or request for EDD review.

• The full name, telephone number, and mailing address of the complainant and the Local Area’s administrative entity.

• A statement of the basis of the appeal or request for EDD review. • Copies of relevant documents, such as the complaint filed with the Local Area and their

decision, if any was received.

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Appeals must be filed or postmarked within 10 days from the date on which the complainant received an adverse decision from the Local Area. Requests for EDD review must be filed or postmarked within 15 days from either of the following:

• The date on which a complainant should have received a decision regarding a locallyfiled complainant, which is defined as five days from the date the decision was due.

• The date on which an instance of restraint, coercion, or reprisal was alleged to haveoccurred as a result of filing the complaint.

Complainants must submit appeals or requests for EDD review to the following address: Chief, Compliance Review Office, MIC 22-M Employment Development Department P.O. Box 826880 Sacramento, CA 94280-0001

If an evidentiary hearing was held at the local level, the Compliance Review Office shall request the record of the hearing from the Local Area and the State Review Panel shall review the record without scheduling an additional hearing. The Local Area is to provide written transcripts of any audio or visual recordings of the hearings via overnight mail. Within 10 days of receipt of the grievance or complaint, the Compliance Review Office shall notify the complainant and respondent of the opportunity for an informal resolution and proceed with the informal resolution process.

If an evidentiary hearing was not held at the local level, the Compliance Review Office shall instruct the Local Area to hold a hearing within 30 days of receipt of the appeal or request for EDD review. If the Local Area refuses to hold a hearing within the required timeframe, the EDD shall schedule an evidentiary hearing before an impartial hearing officer within the 30 day timeframe.

State Level Grievances and Complaints

All grievances or complaints alleging noncriminal, state violations of WIOA Title I requirements, or grievances or complaints by individuals or interested parties affected by statewide workforce programs shall be filed in writing with the Chief of the Compliance Review Office. The official filing date of the grievance or complaint is the date it is received by the Compliance Review Office. The filing shall be considered a request for a hearing and the State Review Panel shall issue a written decision within 60 days of the official filing date. The Compliance Review Office shall send a copy of the grievance or complaint to the respondent.

The grievance or complaint must be in writing, dated, and signed by the complainant. The state will attempt to obtain the following information for all complaints. However, the absence of

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any of the requested information will not be used as a basis for dismissing the grievance or complaint.

• Full name, telephone number, and mailing address of the complainant and respondent. • A clear and concise statement of the facts and dates describing the alleged violation. • The provision(s) of WIOA, federal regulations, state laws or regulations, grant, or other

agreements under WIOA believed to have been violated. • Grievances or complaints against individuals, including staff or participants, shall

indicate how those individuals did not comply with WIOA law, regulation, or contract. • The remedy sought by the complainant.

The Chief of the Compliance Review Office or their designee shall review the grievance or complaint and notify the complainant and respondent of the opportunity for an informal resolution within 10 days of receipt. If the state cannot resolve the grievance or complaint informally, a hearing will be held. EDD Hearing Hearings on any grievance or complaint shall be conducted within 30 days of the filing of the grievance or complaint. The complainant, respondent, and Local Area (in cases of local level appeals and requests for EDD review) shall be notified in writing of the hearing at least 10 days prior to the hearing. The hearing shall be conducted by an impartial officer. The hearing notice shall contain the following information:

• The date of the notice, name of complainant, and the name of the party against whom the grievance is filed.

• The date, time, and location of the hearing. • A statement of the alleged violations. These statements must accurately reflect the

content of the grievance or complaint as submitted by the complainant. However clarifying notes may be added to assure that the grievance or complaint is addressed accurately.

• The name, address, and telephone number of the contact person issuing the notice. The EDD hearing shall be conducted in an informal manner without the application of strict rules of evidence. Both parties shall have the right to be represented, present written and/or oral testimony under oath and arguments, call and question witnesses, and request and examine records and documents relevant to the issues. The hearing shall be recorded either electronically or by a court reporter. Title 22 CCR regulates the responsibilities and processes of EDD administrative law judges and hearings and as such, applies to the EDD hearings and hearing officers described in this Directive. Title 22 CCR Sections 5050 through 5070 outline all applicable state laws and must be adhered to by the EDD hearing officers. Examples of subjects addressed include special hearing accommodation, electronic hearings, ex parte communications, and consolidation of similar

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cases. All references to “administrative law judge” hold the same meaning as “hearing officer” in regard to these regulations. State Review Panel Following completion of the EDD hearing, the EDD hearing officer shall make a written recommendation to the State Review Panel. The hearing officer’s recommendation shall contain the following information:

• The names of the parties involved. • A statement of the alleged violation(s) and related issues. • A statement of the facts. • The EDD hearing officer’s decision and reasoning. • A statement of the corrective action or remedies for violations, if any, to be

implemented. The State Review Panel shall not conduct a new evidentiary hearing, but shall review the record established by either the local level hearing or the EDD hearing. The State Review Panel shall issue a decision on the basis of the information contained within the record. The State Review Panel may accept, reject, or modify the EDD hearing officer’s recommendation or the decision of the Local Area, and shall issue a written decision to the concerned parties within 60 days of the EDD’s receipt of the local level appeal, request for EDD review, or grievance or complaint. The State Review Panel shall send a written decision to both the complainant and the respondent by certified mail. The decision shall contain the following information:

• The names of the parties involved. • A statement of the alleged violation(s) and related issues. • A statement of the facts. • The State Review Panel’s decision and reasoning. • A statement of the corrective action or remedies for violations, if any, to be

implemented. • A notice of the right of either party to file an appeal with the U.S. Secretary of Labor

(Secretary). Remanded Local Grievances and Complaints Grievances or complaints filed directly with the state related to Local Area programs will be remanded to the Local Area. Reviews that reveal a trial issue, such as the hearing officer being an interested party, will be remanded to the Local Area for a retrial of the grievance or complaint.

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Federal Level Appeal Process If the State Review Panel has issued an adverse decision regarding a grievance or complaint, or has not issued a decision within 60 days of receipt of a local level appeal, request for EDD review, or grievance or complaint, the complainant may file an appeal with the Secretary. This appeal process applies to grievances and complaints that originated at the local or state level. Appeals of an adverse decision must be filed within 60 days of receipt of the adverse decision from the State Review Panel. In cases where the State Review Panel did not issue a decision, the complainant must file an appeal within 120 days of either of the following:

• The date on which the complainant filed the appeal of a local level decision or request for EDD review with the state.

• The date on which the complainant filed the grievance or complaint with the state. All appeals to the Secretary must be sent to the DOL National Office via certified mail with return receipts requested. Copies of the appeal must simultaneously be provided to the DOL Employment and Training Administration (ETA) Regional Administrator and the respondent. Mailing addresses for the DOL National Office and ETA Regional Administrator are included below: DOL National Office Secretary of Labor

Attn: Assistant Secretary of ETA U.S. Department of Labor 200 Constitution Avenue, NW Washington, DC 20210

ETA Regional Administrator Office of Regional Administrator

U.S. Department of Labor P.O. Box 193767 San Francisco, CA 94119-3767

Grievances or complaints filed directly with the Secretary that were not previously filed with the Local Area and/or state will be remanded to the Local Area or state, as appropriate. The Secretary shall issue a final determination no later than 120 days after receiving the appeal. Remedies Remedies that may be imposed for a violation of any requirement under WIOA Title I shall be limited to the following:

• Suspension or termination of payments under WIOA Title I.

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• Prohibition of placement of a participant with an employer that has violated anyrequirement under WIOA Title I.

• Reinstatement of an employee, where applicable, payment of lost wages and benefits,and reestablishment of other relevant terms, conditions, and privileges of employment.

• Other equitable relief, where appropriate.

None of the above shall be construed to prohibit a complainant from pursuing a remedy authorized under another federal, state, or local law for a violation of WIOA Title I.

ACTION

Bring this Directive to the attention of all affected parties.

INQUIRIES

If you have any questions, please contact your Regional Advisor at 916-654-7799.

/S/ JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division

Attachment is available on the internet:

Summary of Comments

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SUBRECIPIENT AND CONTRACTOR DISTINCTIONS

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding the distinction between subrecipients and contractors as well as the roles and responsibilities for all parties of an agreement. This policy applies to all entities contracted with the Employment Development Department (EDD), and is effective on the date of issuance.

This policy contains no state-imposed requirements.

This Directive finalizes Workforce Services Draft Directive Subrecipient and Contractor Distinctions (WSDD-177), issued for comment on March 9, 2018. The Workforce Development Community submitted one comment during the draft comment period. A summary of the comment and response is provided as Attachment 1.

Retain this Directive until further notice.

REFERENCES

• Title 2 Code of Federal Regulations (CFR) Part 200: “Uniform AdministrativeRequirements, Cost Principles, and Audit Requirements for Federal Awards” (UniformGuidance)

• Title 2 CFR Part 2900: “Uniform Administrative Requirements, Cost Principles, and AuditRequirements for Federal Awards” (Uniform Guidance)

• Title 20 CFR Chapter V Part 675 (Final Regulations)

BACKGROUND

The Uniform Guidance, effective for federal funds awarded on or after December 26, 2014, provides additional requirements for subrecipients, contractors, and pass-through entities.

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Depending on the substance of individual contractual agreements, a non-federal entity may simultaneously receive federal awards as a recipient, a subrecipient, and a contractor. The determination of the type of legal relationship (subrecipient or contractor) must be made on a case-by-case basis prior to the creation of each individual agreement. With each determination comes specific requirements for the non-federal entities involved.


Definitions Catalog of Federal Domestic Assistance (CFDA) number – The number assigned to a federal program in the CFDA. Contract – A legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a federal award. The term as used in this part does not include a legal instrument, even if the non-federal entity considers it a contract, when the substance of the transaction meets the definition of a federal award, subaward, or subgrant as defined in this section. Contractor – An entity that receives a contract as defined above. The Uniform Guidance replaced the word “vendor” with the word “contractor”. Cooperative agreement – A legal instrument of financial assistance between a federal awarding agency or pass-through entity and a non-federal entity that, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the federal awarding agency or pass-through entity to the non-federal entity to carry out a public purpose authorized by a law of the federal government, and not to acquire property or services for the federal government or pass-through entity’s direct benefit or use, and does not include a cooperative research and development agreement as defined in 15 U.S.C. 3710a; or an agreement that provides only direct federal government cash assistance to an individual, a subsidy, a loan, a loan guarantee, or insurance (Final Regulations Section 675.300). It is distinguished from a “grant agreement” in that it provides for substantial involvement between the federal awarding agency or pass-through entity and the non-federal entity in carrying out the activity contemplated by the federal award. Data Universal Numbering System (DUNS) – The nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify entities. A non-federal entity is required to have a DUNS number in order to apply for, receive, and report on a federal award. Grant or Grant Agreement – A legal instrument of financial assistance between a federal awarding agency and a non-federal entity that, is used to enter into a relationship the principal

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purpose of which is to transfer anything of value from the federal awarding agency to carry out a public purpose authorized by a federal law, and not to acquire property or services for the federal awarding agency’s direct benefit or use. Grant agreement does not include an agreement that provides only direct federal government cash assistance to an individual, a subsidy, a loan, a loan guarantee, or insurance It is distinguished from a “cooperative agreement” in that it does not provide for substantial involvement between the federal awarding agency or pass-through entity and the non-federal entity in carrying out the activity contemplated by the federal award. Non-Federal entity – A state, local government, Indian tribe, institution of higher education (IHE), for-profit entity, foreign public entity, foreign organization or nonprofit organization that carries out a federal award as a recipient or subrecipient. Pass-through entity – A non-federal entity that provides a subaward to a subrecipient to carry out part of a federal program. Research and Development (R&D) – All research activities, both basic and applied, and all development activities that are performed by non-federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. “'Research” is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. “Development” is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes. Simplified acquisition threshold – Fiscal threshold set by Federal Acquisition Regulation (currently $150,000 per FAR Subpart 2.1). The threshold is periodically updated based on inflation. Subaward or Subgrant – An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient or Subgrantee – A non-federal entity that receives a subaward or subgrant from a pass-through entity to carry out part of a federal program, but does not include an individual that is a beneficiary of such program. A subrecipient or subgrantee may also be a recipient of other federal awards directly from the federal awarding agency.

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Subrecipient and Contractor Distinctions A non-federal entity recipient of federal funds must determine the relationship with partners and entities on a case-by-case basis prior to entering into a contractual agreement. When determining whether a contractor or subrecipient relationship exists, the substance of the relationship is more important than the form of the agreement (i.e., grant, contract, subgrant, or subcontract). All characteristics related to the type of provider and agreement should be analyzed and no single factor should be taken in isolation. Not all characteristics will be present in every relationship and in rare situations an entity can be considered a recipient, a subrecipient, and a contractor, depending on the substance of each agreement. Subrecipients are responsible for meeting all programmatic compliance requirements. Contractors are subject to procurement regulations (e.g. Federal Acquisition Regulations [FAR]), but are exempt from programmatic requirements. Contractors may receive payments for goods or services that originate from a federal award but those payments are not considered a federal award. Subgrants have greater flexibility than contracts. Generally, changes to the scope of work or budget can be changed under subgrants but not under contracts. Contractors are required to present specific deliverables for completion of contract (which, if not completed, can result in non-payment or legal action). Subrecipients, on the other hand, can complete their obligation with an outcome or expenditure closeout report. Subrecipient A subrecipient carries out a portion of a federal award and creates a federal assistance relationship with the pass-through entity. The following descriptions are indicative of a non-federal entity in the role of a subrecipient:

• Determines eligibility for the federally funded program • Performance is measured against the objectives of the federal program • Maintains programmatic control or independent discretion over work • Responsible for adherence to applicable federal program compliance requirements (e.g.

WIOA) • Uses federal funds to carry out a program for a specified public purpose as opposed to

providing goods or services for a program or pass-through entity • Directly supports goals of grant

Contractor A contractor is a vendor, dealer, distributor, merchant, or other seller providing goods or services that are required to conduct a federal program. The following descriptions are indicative of a contractor in a procurement relationship with the non-federal entity disbursing federal funds:

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• Provides goods and services to a variety of purchasers within normal business

operations • Operates in a competitive environment • Provides goods or services that are ancillary to the operation of the federal program • Not subject to federal compliance requirements of the program resulting from the

agreement • Does not participate in program design • Holds little or no independent discretion over program work or direction • Undelivered work will result in non-payment • Not required to directly support goals of grant

The following chart includes a list of indicators that may be of assistance in distinguishing subrecipients from contractors. This guidance is based in part on the information found in the Uniform Guidance Section 200.330.

Factor Contractor Subrecipient

Activity1 Sell deliverables (goods/services) Provide services

Assistance Arrangement Buyer-seller Financial assistance to operate a program

Closeout Package Final invoice Comprehensive

Control Control is outcome focused Control is on process

Development Costs Absorbed Controlled

Extent of Flexibility Bound to adhere to specific contract terms

Latitude to make decision within terms of agreement

Federal Program Rules N/A Compliance

On-the-Job Training Subrecipient developed (direct employer award)

Award to broker

Payment Basis2 Is paid for specific deliverable Is paid for services whether expensed as a deliverable or not

Product Specific outcomes Operate a program

Performance Measured3 Against the specific requirements of contract

Against the performance outcomes of the financial assistance award

Product Development Develops product and delivers from inventory

Controls development

Public Policy Contract specific clauses Standard statement of assurances

Purpose of the Award To provide specific goods or Services To carry out a program goal

Receipt of Funds Number of items delivered Costs incurred

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Risk Risk to contractor Share risk w/awarding agency

Type of Training Referral Slotting on an individual referral basis

Filling a class-sized training Program

Type of Market For sale within normal business operation; existing product tailored to the program

Customized for specific program purposes

Type of Product Provide specific product or service ancillary to the federal program

Design a program to meet a broader goal such as performance outcomes

1 There may be instances where it is possible to obtain the same type of services under either a contractor or a subrecipient award. 2, 3 Federal reform efforts are now shifting emphasis from paying for process to paying for results. Such performance and outcome-based payments are possible under both contractor and subrecipient awards. Exclusions A subgrant or contract cannot be entered into with parties listed on the government wide exclusions list in the System for Award Management (SAM). SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. Exclusion records can be searched on the SAM website (https://www.sam.gov/). Requirements for Awarding to Subrecipients When a non-federal entity awards federal funds to a subrecipient, the non-federal entity becomes the pass-through entity. It is the responsibility of the pass-through entity to ensure the following information is clearly stated on all subawards:

• Subrecipient’s name (as shown in Data Universal Numbering System (DUNS) registration)

• Federal Award Identification Number (i.e., FAIN) • Subrecipient’s DUNS number (Uniform Guidance Section 200.32) • Pass-through entity’s award date • Grant term dates (period of performance) • Amount of award (current amount and total committed under award) • Federal award project description to comply with the Federal Funding Accountability

and Transparency Act (FFATA) • Name of federal awarding agency, pass-through entity, and contact information for

awarding official of the pass-through entity • CFDA Number and Name • Identification of whether the award is considered research and development • Indirect cost rate, if being charged

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• All requirements imposed by the pass-through entity so that the federal award is used in accordance with federal statutes, regulations and the terms and conditions of the federal award

• Any additional requirements that the pass-through entity imposes in order for the pass-through entity to meet its own responsibility to the federal awarding agency including identification of any required financial and performance reports

• A requirement that gives pass-through entity and auditors access to records and financial statements as necessary

• Appropriate terms and conditions concerning closeout If some information is not available, the pass-through entity must provide the best information available. Any changes or information obtained after execution of the agreement should be included in a modification. For a more detailed list of required items refer to Uniform Guidance Section 200.331. The pass-through entity is also required to evaluate the risk of noncompliance with federal statutes, regulations, and the terms and conditions of the subgrant. The evaluation should determine the appropriate subrecipient monitoring required. Key areas to investigate include prior experience with similar awards, the results of prior audits, monitoring activities or compliance failures, if the subrecipient has new personnel or new or substantially changed systems and the subrecipients total funding, including other awards being received. Based upon the level of risk to the federal awards determined, the pass-through entity may impose specific conditions upon a subrecipient. Additional requirements can include the following (Uniform Guidance Section 200.207[b]):

• Requiring payments as reimbursements rather than advance payments • Withholding authority to proceed to the next phase until receipt of evidence of

acceptable performance within a given period of performance • Requiring additional or more detailed financial reports • Requiring additional project monitoring • Requiring subrecipient to obtain technical or management assistance • Establishing additional prior approvals

If additional requirements are imposed, the pass-through entity must notify the subrecipient of the additional requirements, why the requirements are being imposed and any time frames for meeting the requirements. The actions needed to lift the requirements and a method to request reconsideration should also be clearly stated. Any specific conditions must be promptly removed once the conditions that prompted them have been corrected. The pass-through entity is required to monitor the activities of the subrecipient to ensure the proper use of funds and compliance with applicable statutes, regulations and terms. This

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includes verifying that every subrecipient is audited as required by Subpart F—Audit Requirements. The pass-through entity must review financial and performance reports submitted by the subrecipient and ensure appropriate action is taken on all deficiencies found through audits, on-site reviews or other means. The pass-through entity should also consider whether any findings indicate conditions that necessitate adjustments to the pass-through entity's own records. In the case of an audit finding, the pass-through entity is responsible to determine if the finding should be sustained and the method to rectify the circumstance as described in Uniform Guidance Section 200.521. The pass-through entity may take actions against noncompliant subrecipients, including the following:

• Temporarily withhold cash payments pending correction of the deficiency • Disallow (that is, deny both use of funds and any applicable matching credit for) all or

part of the cost of the activity or action not in compliance • Wholly or partly suspend or terminate the federal award • Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and

federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a federal awarding agency)

• Withhold further federal awards for the project or program • Take other remedies that may be legally available

There are a number of activities which may prove useful to ensure proper accountability and compliance. These include providing training and technical assistance on program-related matters, the performance of regular on-site reviews, and arranging agreed-upon-procedures engagements as described in Uniform Guidance Section 200.425(c). Additional Requirements for Contracts In addition to other provisions required by the federal agency or non-federal entity, all contracts made by the non-federal entity under the federal award must contain provisions covering the following, as applicable (Appendix II to Part 200):

• Contract in excess of the simplified acquisition threshold (currently $150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate

• Contract in excess of $10,000 must address termination for cause and for convenience by the pass-through entity, including the manner by which it will be effected and the basis for settlement

• Contract in excess of $150,000 must contain a provision that requires the contract to agree to comply with all applicable standards, orders or regulations issued pursuant to

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the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387)

• Must include the equal opportunity clause provided under 41 CFR 60-1.4(b) • When required by federal program legislation, all prime construction contracts in excess

of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”)

• Contract in excess of $10,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5)

If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

ACTION

Bring this directive to the attention of the appropriate staff.

INQUIRIES

If you have any questions, contact Financial Management Unit at 916-653-9150.

/S/ JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Attachment is available on the internet:

Summary of Comments

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wsd18-06att1.docx


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SALARY AND BONUS LIMITATIONS FOR 2018

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding the 2018 salary and bonus limitations for individuals paid by funds appropriated to the Department of Labor (DOL) Employment and Training Administration (ETA). This policy applies to all subrecipients expending Workforce Innovation and Opportunity Act (WIOA) program fund. The 2018 salary rates for executive level employees became effective on January 1, 2018.


This Directive finalizes Workforce Services Draft Directive Salary and Bonus Limitations for 2018 (WSDD-183), issued for comment on June 12, 2018. The Workforce Development Community submitted no comments during the draft comment period.

This policy supersedes Workforce Services Directive Salary and Bonus Limitations for 2017 (WSD17-02), dated August 4, 2017. Retain this Directive until further notice.

REFERENCES

• Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, andHurricane Recovery, 2006 (Public Law 109-234), Title VII, Section 7013

• DOL Training and Employment Guidance Letter (TEGL) 05-06, Implementing the Salaryand Bonus Limitations in Public Law 109-234 (August 15, 2006)

• U.S. Office of Personnel Management, 2018 Rates of Pay for the Executive Schedule

BACKGROUND

On June 15, 2006, President Bush signed into law an emergency supplemental appropriations bill, Public Law 109-234. Section 7013 of this law limits the salary and bonus compensation for

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individuals paid by funds appropriated to ETA and provided to recipients and subrecipients. Specifically, Section 7013 states the following:

“None of the funds appropriated in Public Law 109-149 or prior acts under the heading ‘Employment and Training’ that are available for expenditure on or after the date of enactment of this section shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under Section 101 of Public Law 109-149. This limit shall not apply to vendors providing goods and services as defined in the Office of Management and Budget Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organization that administers federal programs involved including Employment and Training Administration programs.”

As a result of this law, the ETA issued TEGL 05-06 on August 15, 2006. This TEGL discusses the limitations on salary and bonus payments that can be made with funds appropriated to the ETA. Specifically, this TEGL provides information on programs affected by this provision, effective dates and funding cycles, covered individuals and transactions, application of the limitation, and related grant and contract modifications.


Public Law 109-234 sets the limit on salary and bonus compensation for individuals paid by funds appropriated to ETA at a rate equivalent to no more than Executive Level II. A salary table providing this rate is listed on the Pay and Leave webpage of the Federal Office of Personnel management’s website. These levels are adjusted annually.

Effective January 1, 2018, the Salary and bonus limit is set to $189,600. It should be noted that these limitations do not apply to benefits that are not salary and bonuses. For example, fringe benefits, insurance premiums, or pension plans paid by a subrecipient are not included in this calculation. Per DOL’s ETA Region 6 Office, the salary and bonus limit applies to both the gross amount of salary and bonus, and to the rate at which the salary is paid. As a result, for individuals who do not work full time on ETA funded projects or who are only employed part time or part of the year, the salary and bonus limit will be prorated based on the amount of time the individual is dedicated to the ETA funded grant. The following are examples provided by DOL ETA Region 6 to illustrate how the limitations are calculated based on salary and bonus levels, as well as the rate at which they are paid:

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Example 1 An Executive Director’s W-2 for 2018 includes $150,000 of gross compensation. He worked part time (.50 Full Time Equivalent [FTE]) all year. One hundred percent of the Executive Director’s salary costs benefited ETA-funded programs.

2018 Salary and Bonus Limit $189,600

Salary eligible for the salary and bonus limit $94,800 .50 FTE x 100% of salary = 50% (Calculation: $189,600 x 50%)

Total gross compensation $150,000

Salary costs benefitting ETA-funded programs $150,000 (Calculation: $150,000 x 100%)

Salary in excess of the salary and bonus limit $55,200 (Calculation: $150,000 - $94,800)

In this scenario, the Executive Director’s salary is eligible for 50 percent of the annual salary and bonus limit (.50 FTE x 100% of his salary benefited ETA-funded programs). Therefore, $94,800 ($189,600 x 50% = $94,800) of the salary may be paid using ETA appropriated funds or other federal funds. The remaining $55,200 ($150,000 - $94,800 = $55,200) of the salary is in excess of the allowable 2018 salary and bonus limit and must therefore be paid using non-federal funds.

Example 2 An Executive Director’s W-2 for 2018 includes $150,000 of gross compensation. He worked part time (.50 FTE) all year. Seventy percent of the Executive Director’s salary costs benefited ETA-funded programs. 2018 Salary and Bonus Limit $189,600

Salary eligible for the salary and bonus limit $66,360 .50 FTE x 70% of salary = 35% (Calculation: $189,600 x 35%)

Total gross compensation $150,000

Salary costs benefitting ETA-funded programs $105,000 (Calculation: $150,000 x 70%)

Salary in excess of the salary and bonus limit $38,640 (Calculation: $105,000 - $66,360)

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In this scenario, the Executive Director’s salary is eligible for 35 percent of the annual salary and bonus limit (.50 FTE x 70% of his salary benefited ETA-funded programs). Therefore, $66,360 ($189,600 x 35% = $66,360) of the salary may be paid using ETA appropriated funds or other federal funds. Since only 70 percent of the Executive Director’s salary costs benefited ETA-funded programs, the remaining amount of $38,640 ($150,000 x 70% = $105,000 - $66,360 = $38,640), which is in excess of the allowable 2018 salary and bonus limit, must be paid using non-federal funds. Example 3 An Executive Director’s W-2 for 2018 includes $200,000 of gross compensation. He worked full time all year. Forty percent of the Executive Director’s salary costs benefited ETA-funded programs. 2018 Salary and Bonus Limit $189,600 Salary eligible for the salary and bonus limit $75,840 (Calculation: $189,600 x 40%) Total gross compensation $200,000 Salary costs benefitting ETA-funded programs $80,000 (Calculation: $200,000 x 40%) Salary in excess of the salary and bonus limit $4,160 (Calculation: $80,000 - $75,840) In this scenario, the Executive Director’s salary is eligible for 40 percent of the annual salary and bonus limit (40% of his salary benefited ETA-funded programs). Therefore, $75,840 ($189,600 x 40% = $75,840) of the salary may be paid using ETA appropriated funds or other federal funds. Since only 40 percent of the Executive Director’s salary costs benefited ETA-funded programs, the remaining amount of $4,160 ($200,000 x 40% = $80,000 - $75,840 = $4,160), which is in excess of the allowable 2018 salary and bonus limit, must be paid using non-federal funds. All subrecipients of WIOA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments. Additionally, subrecipients are required to follow the instructions for implementing the salary and bonus limitations as provided in TEGL 05-06.

ACTION

Bring this directive to the attention of all affected staff and subrecipients.

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INQUIRIES

If you have any questions, contact Regional Advisor at 916-654-7799.


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Date: October 15, 2018 Number: WSD18-08

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DISASTER NATIONAL DISLOCATED WORKER GRANT GUIDANCE

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding the purchasing of equipment during participation in a disaster National Dislocated Worker Grant (NDWG). This policy applies to Project Operators of disaster NDWGs, and is effective immediately.


This Directive finalizes Workforce Services Draft Directive Disaster National Dislocated Worker Grant Guidance (WSDD-186), issued for comment on July 3, 2018. The Workforce Development Community submitted seven comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 2.

Retain this Directive until further notice.

REFERENCES

• Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) Sections 3(59),183

• Title 2 Code of Federal Regulations (CFR) Part 200: “Uniform AdministrativeRequirements, Cost Principles, and Audit Requirements for Federal Awards” (Uniform Guidance)

• Title 2 CFR Part 2900: “Uniform Administrative Requirements, Cost Principles, andAudit Requirements for Federal Awards” (Department of Labor [DOL] Exceptions)

• Training and Employment Guidance Letter (TEGL) 2-15, Operational Guidance forNational Dislocated Worker Grants (July 1, 2015)

• U.S. Department of Labor Employment and Training Administration. Grantee Handbook-Effectively Managing Your ETA Competitive Grant (June 2017)

• U.S. Department of Labor Employment and Training Administration. NEG eSystem UserGuide SP NEG Application (May 29, 2015)

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• Workforce Services Directive (WSD) WSD 17-08, Subject: Procurement of Equipment and Related Services (March 14, 2018)

• WSD 16-16, Subject: Allowable Costs and Prior Written Approval (February 21, 2017) • WSD 16-10, Subject: Property – Purchasing, Inventory, and Disposal (November 10,

2016)

BACKGROUND

On March 14, 2018, the Employment Development Department (EDD) issued procurement guidance under Workforce Services Directive WSD17-08. The intent of WSD17-08 is to ensure fiscal and administrative guidance for the administration of the WIOA program, including specific requirements for purchasing goods or services. Disaster NDWGs have several requirements that are similar to other WIOA grants, but there are additional requirements and restrictions unique to these grants. Specific “Terms and Conditions” are issued with each Notice of Award to the EDD (the Grantee) that each Project Operator also must adhere to regarding equipment leasing and purchasing, supportive services, and needs-related payments requirements during a disaster NDWG project. In addition to existing WIOA WSDs, this directive provides prior approval requirements, timelines, restrictions, and guidelines for the procurement, purchase and lease of equipment with disaster NDWG funds.


Definitions Conflict of Interest – An employee, officer, agent, or any member of the organization that has interest in a financial gain or tangible benefit and who participates in the selection, award, or administration of a contract supported by a federal award. Equipment – Tangible personal property (including information technology systems) having a useful life of more than one year and a per unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or $5,000. Grantee – The pass-through entity that provides program management and oversight activities. The EDD is the Grantee for the disaster NDWGs.

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Micro-Purchase Threshold – Fiscal threshold set by Federal Acquisition Regulation (currently $3,500 per Federal Acquisition Regulation [FAR] 48 CFR Subpart 2.1). The threshold is periodically updated based on inflation, and the dollar value in effect at the time of purchase is the proper threshold value. Procurement – All stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout. Project Operator – The entity responsible for overall management of project implementation in the project service area or a portion of the total service area. The local area Workforce Boards or WIOA administrative entities are the Project Operators. Property – Real property or personal property. Questioned Costs – Any cost or procurement that is questioned by an auditor, pass-through entity or awarding agency representative. Purchases can be questioned due to possible violations of statutes and regulations, inadequate documentation or possible unreasonable costs. Subaward – An award provided by a pass-through entity to a subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient – A non-federal entity that receives a subaward from a pass-through entity to carry out part of the federal program, but does not include an individual that is a beneficiary of such program. For the disaster NDWGs the subrecipient is the Project Operator. A subrecipient may also be a recipient of other federal awards directly from the federal awarding agency. Supplies – All tangible personal property other than equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. Supportive Services – Services such as transportation, child care, dependent care, housing, and needs-related payments that are necessary to enable an individual to participate in activities authorized under the WIOA.

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Obtaining Equipment Prior to using disaster NDWG funds to lease or purchase equipment, Project Operators must utilize the resources provided by the Federal Emergency Management Agency (FEMA). The FEMA has extensive experience in obtaining and/or leasing heavy equipment in the aftermath of disasters, and provides such equipment for a limited period of time to permit clean-up and other allowable activities following a disaster. For additional resources, refer to the Disaster Assistance website. Project Operators must receive prior approval from the DOL through the EDD for the purchase of any equipment. Requests with all necessary supporting documentation must be received by the EDD at least 90 days prior to the effective date of the requested action. Equipment purchases must be made in accordance with 2 CFR 200.313 or 2 CFR 200.439. A disaster NDWG award does not constitute approval for the purchase of equipment specified in a Project Operator’s budget or statement of work. The Project Operator must submit a detailed description list of equipment to be purchased to the EDD Project Management Group for review. The EDD will submit the equipment request to the DOL for approval. It is encouraged that all equipment purchase and lease requests are supplied to the EDD as early as possible to avoid unnecessary delays in the project. Project Operators may not purchase equipment during the last twelve months of the grant period. Prior approval is automatically rescinded if an approved acquisition does not occur prior to the last 12 months of the grant’s term. Project Operators must maintain accurate inventory records of all property purchased with federal funds. All property should have a unique identification mark to be used for inventory purposes. Project Operators must retain all property records for a period of three years from the date of their last expenditure report submitted to the EDD. Leasing Considerations The decision to lease or purchase equipment should be determined by considering the most economic option. Consideration for leasing may differ by property type and according to market conditions. The length of the contract period of the lease should also be taken into account. Leasing with an option to purchase is generally preferable to straight leasing. However, for real property, administrative requirements make leasing the only option, as the construction or purchase of real property is not allowed under the WIOA program except in certain limited circumstances (as outlined in Workforce Services Directive Property – Purchasing, Inventory, and Disposal [WSD16-10]).

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Supportive Services Prior approval from the DOL is not required for basic supportive service payments, but costs must meet the basic considerations at 2 CFR 200.402 – 200.411. Costs such as needs-related payments, stipends, subsistence allowances, or any monetary payment provided directly to participants for any service, must receive written prior approval from the DOL. Project Operators must submit a detailed description list to the assigned EDD Project Manager who will review prior to final submission to the DOL for approval.

ACTION

Bring this directive to the attention of the appropriate staff.

INQUIRIES

If you have any questions, contact the Project Management Group at [email protected].


1. Procurement – Request for Approval to Charge NDWG Funds 2. Summary of Comments

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wsd18-08att1.docx

wsd18-08att2.docx

ATTACHMENT 1

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PROCUREMENT – REQUEST FOR APPROVAL TO CHARGE NDWG FUNDS

This form should be used for purchases of equipment and related services for the operation and support of the National Dislocated Worker Grant (NDWG) program or for the benefit of NDWG participants. Requests should be submitted to Project Managers or Regional Advisors for all procurements exceeding $5,000 or if approval is otherwise required. Additional documentation (e.g., quotations, cost analyses, bid summaries) may be required. Please contact your Project Manager or Regional Advisor with any questions.

Date: Project Operator Code: Project Operator Name: Item or Property to be Purchased: Estimated Total Cost of Procurement: $ Anticipated Procurement Date:

Procurement Method: ☐ Small Purchase ☐ Sealed Bid (IFB) ☐ Competitive Proposal (RFP) ☐ Noncompetitive Proposal

Procurement Type: ☐ Purchase ☐ Lease/Rent ☐ Subscription/Contract ☐ Service ☐ Property Sharing

Description (basic specifications, and quantity), function, and justification of procurement (how will the equipment support the grant approved activities) Name of Agency (federal or state) contacted prior to request and the outcome/status of the request Reason for procurement method and type, including lease option or property sharing considerations Reason(s) for the selection of the provider Cost, including any maintenance, installation, taxes, or fees associated with the procurement

Authorized Representative and Title (Please print)

Signature

Contact Name Contact Telephone Number

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Page 1 of 7

STATE LEVEL PERFORMANCE GOALS AND LOCAL AREA NEGOTIATIONS FOR PY 18 AND PY 19

GENERAL INSTRUCTIONS

The attached Directive is being issued in draft to give the Workforce Development Community the opportunity to review and comment prior to final issuance.

Submit any comments by email or mail no later than October 5, 2018.

All comments received within the comment period will be considered before issuing the final Directive. Commenters will not be responded to individually. Rather, a summary of comments will be released with the final Directive.

Comments received after the specified due date will not be considered.

Email [email protected] Include “Draft Directive Comments” in the email subject line.

Mail Employment Development Department Attn.: Program Reporting and Analysis Unit P.O. Box 826880 / MIC 50 Sacramento, CA 94280-0001

If you have any questions, contact Kirstin Cordova at 916-654-8293.

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Date: September 5, 2018 Number: WSDD-189

Page 2 of 7 50:187

STATE LEVEL PERFORMANCE GOALS AND LOCAL AREA NEGOTIATIONS FOR PY 18 AND PY 19

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedure regarding final Workforce Innovation and Opportunity Act (WIOA) state-level negotiated performance goals for Program Year (PY) 2018 and 2019 for the following programs: Wagner-Peyser; and Title IB Adult, Dislocated Worker, and Youth. This Directive also provides Local Workforce Development Area (Local Areas) guidance on negotiating Adult, Dislocated Worker, and Youth program performance goals for PY 18 and PY 19.

The California Workforce Development Board (CWDB) intends to negotiate Title IB WIOA primary indicators of performance for PY 18 and PY 19 with Local Areas through a negotiation process with representatives of Regional Planning Units (RPU). This policy applies to the Employment Development Department (EDD) and all Local Areas, and is effective on the day of issuance.


This policy supersedes Workforce Services Directive Final State Level Wagner-Peyser, WIOA Title IB, and Local Area Performance Negotiations for PY 2016-17 and PY 2017-18 (WSD16-21), dated June 12, 2017. Retain this Directive until further notice.

REFERENCES

• Workforce Innovation and Opportunity Act (Public Law 113-128) Sections 107(d)(9),116(b)-(c) and 503

• Title 20 Code of Federal Regulations (CFR) Part 677: “Performance Accountability UnderTitle I of the Workforce Innovation and Opportunity Act” (Uniform Guidance)

• Title 20 CFR Part 679: “What are the requirements for local planning?”(DOL Exceptions),Section 679.510

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Draft Directive Page 3 of 7

• Training and Employment Guidance Letter (TEGL) 10-16, Change 1, Subject:Performance Accountability Guidance for Workforce Innovation and Opportunity Act(WIOA) Title I, Title II, Title III, Title IV Core Programs (August 23, 2017)

• TEGL 09-17, Subject: Negotiating Performance Goals for the Workforce Innovation andOpportunity Act (WIOA) Title I Programs and the Wagner-Peyser Employment Service asamended by Title III, for Program Years (PYs) 2018 and PY 2019 (February 16, 2018)

• Workforce Services Draft Directive WSDD-185, Subject: Performance Guidance for WIOATitle I and III Programs (June 27, 2018)

BACKGROUND

WIOA Section 116(b) requires the state to reach an agreement with the Department of Labor (DOL), Employment and Training Administration (ETA) on state-level performance goals for the Wagner-Peyser, and WIOA Title IB Adult, Dislocated Worker, and Youth programs every two years.

The process for negotiating state-level goals began with the submission of proposed goals in the WIOA Unified State Plan (State Plan). The State Plan with the proposed goals was open for a 30-day public comment period. The proposed goals were based on estimates obtained from available WIOA participant data. The State Plan was approved by DOL ETA, which established proposed performance goals for the Wagner-Peyser and WIOA Title IB Adult, Dislocated Worker, and Youth programs’ primary indicators of performance.

The next phase of the process, required the state to use the DOL ETA issued Statistical Adjustment Model (SAM) as a baseline to assess potential performance goal levels within the policy context developed through the State Plan. The policy in the State Plan supports the establishment of performance goals based on current and projected levels, which enables Local Areas in their planning efforts to provide industry-related skill attainment to participants who face barriers to employment. Increasing the percentage of participants served from identified target populations helps develop the state’s vision to build and sustain regional sector pathways, and prepare a workforce for in-demand middle skill jobs. The rationale and subsequent data-driven analysis also sought to establish a baseline for continuous improvement in the workforce education and training system, and ensure a return on targeted investments.

It is important to note that due to limited WIOA performance data, the SAM uses participant data collected from the Workforce Investment Act (WIA) participant records.

In May 2018, the state negotiated levels of performance with DOL ETA. The state-level negotiated goals (Attachment 1) will be the baseline for state negotiations with Local Areas. The Local Workforce Development Board (Local Board), Chief Elected Official (CEO), and the state shall negotiate and reach agreement on local level performance goals for the same time periods as the state negotiated goals.

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https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3255

https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5196

https://www.edd.ca.gov/jobs_and_Training/pubs/wsdd-185.pdf



Definitions Expected levels of performance – Levels of performance for each primary indicator of performance for each core program submitted by the state in the initial submission of the State Plan.

Negotiated level of performance – Levels of performance for each primary indicator of performance for each core program agreed to by the state and DOL ETA, and the Local Area and the state prior to the start of the PY.

Adjusted levels of performance – The negotiated levels of performance after being revised at the end of the PY using the SAM.

Actual Results – Results reported by the state for each primary indicator of performance for each core program.

Baseline indicators – Certain primary indicators of performance that will be used as baseline data to inform the process to determine the negotiated levels of performance in future PYs.

Statistical Adjustment Model (SAM) – An objective statistical regression model developed by DOL ETA used to make adjustments to the negotiated levels of performance for actual economic conditions, and the characteristics of participants served at the end of the PY. The SAM is also the key factor to be used in negotiating performance.

Primary Indicators of Performance Each Local Area must negotiate performance goals for the Title I Adult, Dislocated Worker, and Youth programs for each of the following primary indicators of performance:

1. Employment Rate – 2nd Quarter After ExitThe percentage of program participants who are in unsubsidized employment duringthe second quarter after exit from the program (for Title I Youth, the indicator is thepercentage of participants in education or training activities, or unsubsidizedemployment during the 2nd quarter after exit).

2. Employment Rate – 4th Quarter After ExitThe percentage of program participants who are in unsubsidized employment duringthe fourth quarter after exit from the program (for Title I Youth, the indicator is thepercentage of participants in education or training activities, or unsubsidizedemployment during the 4th quarter after exit).

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3. Median Earnings – 2nd Quarter After Exit* The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program.

4. Credential Attainment The percentage of program participants enrolled in an education or training program (excluding those in OJT and Customized training) who attain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in, or within 1 year after exit from the program.

5. Measurable Skill Gains (MSG)** The percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment, and who are achieving an MSG, defined as documented academic, technical, occupational, or other forms of progress, toward such a credential or employment.

*The Title I Youth program is not required to negotiate goals for this indicator as DOL ETA has identified this measure as a baseline indicator. **The MSG measure is a baseline indicator and is not subject to Local Area negotiations; however, to encourage the alignment of skill attainment with the vision in the State Plan and to align it with other WIOA core program outcomes, Local Areas must propose regional MSG performance goals for the Adult, Dislocated Worker, and Youth programs. Local areas will not be held accountable for this baseline indicator. Local Areas are not required to negotiate levels of performance for baseline indicators, which include MSG, Employer Effectiveness, and Median Earnings (for the Youth program only). Even though baseline indicators will not be negotiated, or used to determine failure to achieve adjusted levels of performance for purposes of performance accountability, Local Areas are expected to collect data and report on these indicators of performance. For detailed information on each of the primary indicators of performance, please see Draft Directive WSDD-185 Performance Guidance for WIOA Title I and III Programs. Negotiating Local Levels of Performance Local Areas will negotiate and reach agreement with the state on local levels of performance for PY 18 and PY 19. The objective of the negotiation process is to define local performance targets that are aligned with current economic indicators, and that reflect Local Area service strategies and local achievements. The process should also build on the overall system goal of continuous improvement, providing the greatest return on workforce investments, and enabling the regional planning implementation of the WIOA by providing industry-relevant skills attainment framework for individuals with barriers to employment.

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https://www.edd.ca.gov/jobs_and_Training/pubs/wsdd-185.pdf


The WIOA requires an agreement between Local Boards and CEOs on how a planning region will collectively negotiate and reach agreement with the state on local levels of performance. In accordance with the WIOA, the state has identified 14 RPUs for the purposes of WIOA strategic planning. The CWDB will negotiate Local Area performance goals through a negotiation process with each RPU.

As the primary contact for performance negotiations, the CWDB will negotiate performance goals for all 45 Local Areas for PY 18 and 19 through their designated RPUs using the state level goals as a baseline for negotiations, as well as other analytical tools and resources that will help establish representative performance levels, such as the SAM provided by DOL ETA.

In compliance with the WIOA, the existing DOL ETA issued SAM will be used to negotiate local level performance goals. The SAM uses actual economic conditions and the characteristics of participants at a state level to predict the state’s expected levels of performance. When used at a local level, the SAM may not accurately adjust the data and performance measures specific to the local level. Local Areas should review the SAM, and how it affects their performance goals before negotiating performance goals with the state.

The state will be working to adjust the model to accurately reflect local level economic conditions and characteristics of participants for future negotiations.

Local Areas must come to agreement within their RPUs on a method for negotiating collectively. If an RPU is a single Local Area, then that Local Area is solely responsible for regional negotiations. Local Areas within an RPU may develop their own collective method and provide proposed adjusted levels of performance keeping in mind the following:

1. Local Areas must negotiate as an RPU.

2. Local Areas may select any number of representatives from the RPU to negotiategoals.

3. An RPU must provide a Single Point of Contact (SPOC) for communication andcoordination with the CWDB.

4. Local Areas within an RPU must provide a data-driven rationale for how Local Areagoals are established.

5. Local Areas will be held accountable for local level negotiated performance.

6. RPUs are not held accountable to negotiated goals, but Local Areas shouldconsider an RPU negotiated level of performance in developing Local Area goals.

7. State-level goals are a baseline for negotiations and should be considered as apoint of comparison for how Local Areas and RPUs propose goals.

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8. The state-level negotiated goals for Credential Attainment are being proposed asLocal Area goals for PY 18 and PY 19.

9. RPUs will propose a regional goal for MSG for PY 18 and PY 19.

10. The EDD’s Program Reporting and Analysis Unit staff will be invited to attend allperformance negotiations.

Local Areas will NOT have the opportunity to renegotiate performance goals for PY 19 in the fourth quarter of PY 18.

A data-driven analysis supporting the preferred method of regionally negotiating performance goals must be documented and included in RPU regional plans. Data on past and current program performance, aggregate program participant data by barrier to employment or training type, and data that informs the regional economic analysis, may be used to support the establishment of performance goals. The analysis should consider, to the extent possible, how performance is connected to service delivery strategies, expected percentages of target populations to be served, and providing skill attainment to prepare workers for regional sector pathways.

All Local Areas must negotiate and reach agreement on performance goals no later than September 30, 2018.

ACTION

This Directive should be called to the attention of the CEO, Local Board, Local Area Administrators, and staff.

INQUIRIES

If you have any questions, contact Loren Shimanek at [email protected] or by phone at (916) 657-1459.



Final State-level Negotiated Performance Goals for PY 18 and PY 19

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wsdd-189att1.doc

California’s WIOA Title IB & Wagner-Peyser Negotiated Performance Goals

Program Years 2018 and 2019

PY 2018 Performance Goals

Adults Dislocated Workers

Wagner-Peyser * Youth

Employment Rate 2nd Quarter After Exit 64.0% 68.0% 57.7% 65.4% Employment or Education Rate

2nd Quarter After Exit

Employment Rate 4th Quarter After Exit 60.5% 63.5% 53.7% 62.0% Employment or Education Rate 4th

Quarter After Exit

Median Earnings 2nd Quarter After Exit $5,200 $7,450 $5,000 BASELINE Median Earnings

Credential Attainment within 4 Quarters After Exit 53.0% 57.0% N / A 53.0% Credential Attainment within 4

Quarters After Exit

PY 2019 Performance Goals

Adults Dislocated Workers

Wagner-Peyser * Youth

Employment Rate 2nd Quarter After Exit 66.0% 69.5% 59.7% 66.9% Employment or Education Rate

2nd Quarter After Exit

Employment Rate 4th Quarter After Exit 62.5% 65.0% 54.7% 64.0% Employment or Education Rate 4th

Quarter After Exit

Median Earnings 2nd Quarter After Exit $5,600 $7,600 $5,200 BASELINE Median Earnings

Credential Attainment within 4 Quarters After Exit 54.0% 58.0% N / A 54.0% Credential Attainment within 4

Quarters After Exit

ATTACHMENT 1

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LWDB: Yolo County RPU: Capital Region Date of Negotiation: 10/1/18 The tables below indicate the final negotiated local goals for PY 2018-19 and PY 2019-20.

COMMENTS:

PY 2018-19 Final Negotiated Goals

Adults Dislocated Workers Youth

Employment Rate 2nd Quarter After Exit 65% 68% 58.1% Employment or Placement Rate 2nd

Quarter After Exit

Employment Rate 4th Quarter After Exit 62.5% 66.5% 54.1% Employment or Placement Rate 4th

Quarter After Exit

Median Earnings 2nd Quarter After Exit $4,900 $7, 308 BASELINE Median Earnings 2nd Quarter After Exit

Credential Attainment within 4 Quarters After Exit 53% 60% 55% Credential Attainment within 4

Quarters After Exit

Measurable Skills Gain during program year BASELINE BASELINE BASELINE Measurable Skills Gain during program

year

PY 2019-20 Final Negotiated Goals

Adults Dislocated Workers Youth

Employment Rate 2nd Quarter After Exit 66% 69% 59% Employment or Placement Rate 2nd

Quarter After Exit

Employment Rate 4th Quarter After Exit 63% 67% 55% Employment or Placement Rate 4th

Quarter After Exit

Median Earnings 2nd Quarter After Exit $5,100 $7,400 BASELINE Median Earnings 2nd Quarter After Exit

Credential Attainment within 4 Quarters After Exit 54% 61% 56% Credential Attainment within 4

Quarters After Exit

Measurable Skills Gain during program year BASELINE BASELINE BASELINE Measurable Skills Gain during program

year

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Page 1 of 5

SERVICES AND REFERRALS TO VICTIMS OF HUMAN TRAFFICKING

GENERAL INSTRUCTIONS

The attached Directive is being issued in draft to give the Workforce Development Community the opportunity to review and comment prior to final issuance.

Submit any comments by email or mail no later than October 25, 2018.

All comments received within the comment period will be considered before issuing the final Directive. Commenters will not be responded to individually. Rather, a summary of comments will be released with the final Directive.

Comments received after the specified due date will not be considered.

Email [email protected] Include “Draft Directive Comments” in the email subject line.

Mail Employment Development Department Attn.: Policy Unit P.O. Box 826880 / MIC 69 Sacramento, CA 94280-0001

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Date: September 25, 2018 Number: WSDD-190

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SERVICES AND REFERRALS TO VICTIMS OF HUMAN TRAFFICKING

EXECUTIVE SUMMARY

This policy provides the guidance and establishes the procedures regarding services and referrals to victims of human trafficking. This policy applies to all Local Workforce Development Areas (Local Areas), and is effective immediately.


This policy supersedes Workforce Services Directive Services and Referrals to Victims of Human Trafficking (WSD12-12), dated March 26, 2013. Retain this Directive until further notice.

REFERENCES

• Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128), Section188(a)(5)

• The Victims of Trafficking and Violence Protection Act (TVPA) of 2000, Section 103(8)(P.L. 106-386)

• Department of Labor (DOL) Training and Employment Guidance Letter 09-12, Subject:Human Trafficking: The Role of the Public Workforce System in the Delivery of Servicesand Referrals to Victims of Trafficking (October 24, 2012)

BACKGROUND

In an effort to assist the U.S. Government to combat human trafficking, which affects millions of individuals worldwide, the DOL plays an important role, which includes the following:

• Identifying and seeking restitution for unpaid labor performed by victims of trafficking.• Providing training and employment services to victims of trafficking who qualify for

those services, and helping them to become self-sufficient.

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• Funding research and technical assistance to combat the worst forms of child labor overseas.

• Maintaining lists of goods, including their countries of origin, which are made using forced labor or forced child labor.

Local Area staff are asked to review this Directive in order to be able to recognize the characteristics of human trafficking, and refer those individuals to the proper authorities and resources, provide employment and training services, and offer information and referral to other wraparound services or law enforcement.


Definitions Section 103(8) of the TVPA defines the term “severe forms of trafficking in persons” as follows:

• Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.

• The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Essential Steps Employment is an essential step in integrating victims of trafficking into society, and therefore, Local Area staff are reminded that they can assist trafficking victims in the following ways, as applicable: 1. Recognize the characteristics of victims of trafficking and refer individuals to proper

authorities and resources:

Many victims of trafficking do not self-identify. It is important for Local Area staff to recognize the characteristics of potential victims of trafficking and refer them to the proper authorities and resources. For information on how to identify potential victims of trafficking, see Attachment 1 of this Directive. For information about hotlines that frontline staff can call to get help for potential victims, see Attachment 2 of this Directive. If an individual is under immediate threat or states that they are in danger, staff should call 911.

2. Provide employment and training services:

United States citizens or lawful residents who are victims of trafficking can receive the same services that are provided to the general public under WIOA. Specifically, Section 188(a)(5) of WIOA further prohibits discrimination against certain non-citizens and indicates that participation in programs, activities, and receiving funds shall be available to citizens and

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nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Secretary of Homeland Security to work in the United States. This is also discussed under Section 107(b) of the TVPA where it is indicated that certain foreign nationals are also eligible for WIOA Title I services:

• Victims of a severe form or trafficking in persons. • Individuals granted the T Nonimmigrant Status (T Visa).

The T visa is available to individuals who are, or have been, victims of human trafficking, and protects these victims of human trafficking by allowing them to remain in the United States to assist in an investigation or prosecution of human trafficking. Additional information about T visas can be found by visiting the U.S. Citizenship and Immigration Services website.

For purposes of eligibility for WIOA Title I services, as a victim of a severe form of trafficking:

• Individuals 18 years of age or older must have been subjected to an act or practice

described in the definition of “severe forms of trafficking in persons” and have received a letter of certification issued by the Department of Health and Human Services (HHS). 22 United States Code, Section 7105(b)(1).

• Children under 18 years old who have been subjected to a severe form of trafficking need not be certified by HHS to be eligible for services. Instead, HHS issues Letters of Eligibility to victimized children of trafficking. As with any participant, they must meet all applicable program eligibility requirements to receive WIOA Title I services.

Employment and training services for victims of trafficking should follow the same procedures and case management processes as given to other America’s Job Center of CaliforniaSM (AJCC) customers. However, in the case of victims of trafficking, services may need to be tailored and adapted to match the particular needs of this population. For instance, victims of trafficking may be Limited English Proficiency (LEP) individuals, may have criminal records (e.g. prostitution), or limited résumés.

Victims of trafficking who are LEP individuals will likely require referrals to courses in English as a Second Language (ESL) in order to enhance job readiness. Local Area staff should work with local training providers and community colleges to find ESL course offerings, as needed. For more information on working with LEP individuals, Local Area staff should refer to the Employment Development Department’s Workforce Services Directive WSD17-03, Subject: Limited English Proficiency.

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https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status

https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status

https://www.edd.ca.gov/jobs_and_training/pubs/wsd17-03.pdf


3. Offer information and referral to other wraparound services and/or law enforcement:

In most cases, victims of trafficking will come into contact with Local Area staff toward the end of their rehabilitation process and will have already been working with other nonprofit organizations and governmental agencies.

In the event that the victim has not yet received services, it is important for Local Area staff to be aware of and utilize local resources and service providers, particularly non-profit organizations that provide services to trafficking victims. Service providers for trafficking victims can also refer or accompany their clients to the nearest AJCC when they are ready for employment and training services.

A description of available services for victims of trafficking offered either directly by federal agencies or provided by local service providers with funding from the United States can be found in Attachment 3 of this Directive.

If no local service providers are known, the National Human Trafficking Resource Center (NHTRC) at 1-888-373-7888 can help determine best steps for assisting the individual. For additional information, see Attachment 2 of this Directive. Local Area staff may also call the NHTRC to inquire about local service providers and familiarize themselves with what is available for victims in the local community.

ACTION

Bring this Directive to the attention of all relevant parties.

INQUIRIES

If you have any questions, contact your Regional Advisor at 916-654-7799.


1. Characteristics of Potential Victims of Trafficking 2. Trafficking Hotlines 3. Services Available to Victims of Human Trafficking

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http://www.edd.ca.gov/Jobs_and_Training/Regional_Advisor_Listing.htm

wsdd-190att1.docx

wsdd-190att2.docx

wsdd-190att3.pdf

Date: August 15, 2018 Number: WSIN18-04 Expiration Date: 09/15/2020

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CAAL-SKILLS – LETTER OF INTENT TO APPLY EVALUATION AND ASSESSMENT

The California Workforce Development Board (State Board) is interested in contracting with a research organization(s) to help evaluate and assess workforce development and related education and human service programs in California.

The purpose of this Intent to Award is to gather pertinent information about the research organization and its associated qualified individuals’ technical skill and proficiency, education and workforce development system knowledge, relevant published works, expertise for performing statistically rigorous quantitative analysis that builds on existing methods and research relevant to the field, and overall capability to utilize and securely handle confidential data. As well as meeting federal and state-mandated evaluation and assessment, the State Board is interested in showing the impact of how types of training and services effect labor market outcomes for served populations across California’s Workforce Innovation and Opportunity Act regional planning units.

Interested organizations must submit a three to five page narrative that includes: relevant experience in developing and producing statistically rigorous quantitative research in the field of human services, education, and workforce development; a discussion of current research in the field; links to a curriculum vitae of individuals who would be administering the research; a list of published research; and other pertinent information. The State Board is interested in learning what kind of research options are available to the programs participating in the CAAL-Skills data sharing initiative given the parameters of available data. What can be done with the available data to determine the efficacy of participating programs?

Letters of Intent/Interest are due by 3PM on September 14, 2018.

For more information, please see the Intent to Award and data Exchange Requirement Specs on the State Board website.


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https://cwdb.ca.gov/

Date: August 31, 2018 Number: WSIN18-05 Expiration Date: 10/01/2020

Page 1 of 1 50:06

CalJOBSSM LOCAL GRANT CODES

CalJOBS local grant codes have been provided to Local Workforce Development Areas (Local Areas) so that city, county, or other non-state funding can be used to co-enroll participants and to track services provided using the Workforce Innovation and Opportunity Act (WIOA) case management module. Local grant codes do not effect WIOA performance, but do facilitate a method by which Local Areas can track services provided to participants while utilizing the WIOA - Title I Application. Enrolling participants in a clock-restarting service, using a locally funded grant code, will restart the exit clock.

Management Information Systems (MIS) Administrators can set up local grant codes in the CalJOBS Administration site. Once created, participation in these local grant codes can be tracked using the Title I application.

There is no naming convention for the local grant codes. Local Areas may choose any name that is appropriate. When a local grant code is created, CalJOBS will automatically assign a system generated three digit display code to the front of the local grant code’s name. For example, if the local grant name is “San Jose Works 4.0,” CalJOBS will assign three digits to the front of that name, resulting in “642 - San Jose Works 4.0.” For directions on how to create local grant code via the CalJOBS Administration site, please view the attachment.

For more information about local grant codes, please contact the Program Reporting and Analysis Unit at [email protected].



Local Grant Codes Guide Card

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wsin18-05att1.docx

Date: September 12, 2018 Number: WSIN18-06 Expiration Date: 10/12/2020

Page 1 of 1 69:02

PATHWAY TO SERVICES WEBINAR SERIES

The California Labor and Workforce Development Agency is pleased to announce a webinar series aimed at identifying and connecting available federal and state services for immigrants and refugees. This webinar series will focus on serving the immigrant and refugee communities who may not possess the appropriate documentation to access all employment and training services, yet may be eligible for services through other program partners.

The first webinar, Immigrants and Workforce: Pathway to Services 101, will be held on September 25, 2018, and will include a presentation by the National Skills Coalition on obligations and opportunities in serving the immigrant community. The Employment Development Department will also provide an overview of Workforce Services Directive WSD18-03, Pathway to Services, Referral and Enrollment, and answer questions on the new policy.

The webinar series is designed to further assist Local Workforce Development Areas and America’s Job Center of CaliforniaSM staff implement Pathway to Services, Referral and Enrollment (WSD18-03).

Registration and more information about the Immigrants and Workforce: Pathway to Services 101 webinar is available on the California Workforce Development Board’s English Language Learners Immigration Initiatives web page. Information on future webinars in the series will also be announced on this web page.


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https://www.edd.ca.gov/Jobs_and_Training/pubs/wsd18-03.pdf

https://cwdb.ca.gov/initiatives/english-language-learners-immigration-initiatives/

https://cwdb.ca.gov/initiatives/english-language-learners-immigration-initiatives/


Page 1 of 1 69:54

HILIGHTING THE SUCCESSES OF THE WORKFORCE DEVELOPMENT SYSTEM

In celebration of Labor Day 2018, the Employment Development Department (EDD) launched a statewide public education campaign to showcase the great work of the state’s workforce development system.

As part of this campaign, the EDD used labor market data to identify the top job-producing industries in each of the state’s 14 Regional Planning Units, and success stories to illustrate how the state workforce development system helps connect job seekers with employment in those industries, including how the system engages with employers to support regional economies.

These successes, along with the many services available to job seekers and employers, are included on the Labor Day 2018 website. This site highlights the achievements—made possible by you, the staff of the workforce development system—throughout the state. The stories are only a few of the positive outcomes that employers and job seekers can enjoy when they engage our services. Please take a moment to recognize the achievements of your colleagues and share this site with others who may benefit from considering these services. We hope that the site and its message is seen far and wide so that many more Californians can benefit from our growing economy.

This year’s campaign, running through September, will strive to encourage others to seek out our services and to promote the benefits we offer to California’s workforce.

Congratulations to all of you on this year’s achievements. We look forward to many more, both great and small, as they all make a difference to the lives of Californians. Keep track of your successes over the coming year. We will collect these stories next summer to showcase for the 2019 Labor Day Campaign.

Keep up the great work.


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Page 1 of 1 50:26

CAMPESINO DE CALIFORNIA OUTREACH – SFP

The State of California Employment Development Department (EDD) announces up to $250,000 of Wagner-Peyser 10 Percent Governor’s Discretionary in grant funds through the Campesino de California Outreach Solicitation for Proposals (SFP) to secure a California statewide outreach program for Migrant Seasonal Farm Workers (MSFW) including the H-2A Agricultural workers. The goal of this initiative is to provide measurable outreach projects designed to deliver MSFWs and their families with relevant timely and accurate information on the various programs and services offered through the EDD.

The grantee of the program must develop and implement over the program year 2018-2019 the following two outreach communication channels for MSFWs who are not being reached through normal intake activities: (1) 12 monthly printed bilingual publications in English–Spanish, and (2) 12 broadcasted one-hour Spanish radio talk shows. Each talk show supporting one of the corresponding printed publications.

Eligible applicants include non-profit public or private organizations, community and faith-based organizations, tribal government, and educational institutions. Individuals are not eligible to apply.

Proposal applications must be received no later than Friday, October 19, 2018, by 3 p.m. Pacific Standard Time. To view this SFP, please visit the EDD Workforce Development Solicitations for Proposals webpage. Questions regarding the SFP will be accepted at [email protected] until October 8, 2018.


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http://www.edd.ca.gov/Jobs_and_Training/WDSFP_Workforce_Development_Solicitations_for_Proposals.htm



Date: October 9, 2018 Number: WSIN18-09 Expiration Date: 11/09/2020

Page 1 of 1 69:16

FORTHCOMING STATEWIDE WIOA CO-ENROLLMENT GUIDANCE

The California Workforce Development Board (State Board), in coordination with state level Workforce Innovation and Opportunity Act (WIOA) Unified State Plan partners and representatives from Local Workforce Development Areas, is developing strategic co-enrollment guidance designed to enhance partnerships, share case management, leverage resources, and improve participant experiences and outcomes.

Strategic co-enrollment will help facilitate services that enable upward economic mobility for all Californians, including populations with barriers to employment. Workforce and education programs need to be physically and programmatically accessible in order for all Californians to have opportunities to develop a marketable set of skills and be able to obtain the level of education necessary to achieve both long-term economic self-sufficiency and security.

Co-enrollment is a recommended strategy under WIOA to align programs and services through collaboration to help meet the unique needs of those we serve. Although a federal definition of co-enrollment exists for core WIOA programs, California looks to exceed that standard by facilitating co-enrollment across all WIOA and non-WIOA funded partners, promoting shared responsibility, and promoting the attainment of shared performance goals. Shared responsibility among the partners is key for the successful outcome of each enrollee.

The forthcoming guidance will be vetted and approved by the State Board prior to the adoption and implementation by all WIOA Unified State Plan partners. The Workforce Development Community is expected to convene partners and initiate discussions on how strategic co-enrollment can be included as part of the WIOA Regional and Local Plan Modification process.

For more information regarding strategic co-enrollment, please contact Jennifer Hernandez at [email protected] or Loren Shimanek at [email protected].


Attachment is available on the internet: List of the California Workforce Partners

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wsin18-09att1.docx

Date: October 24, 2018 Number: WSIN18-10 Expiration Date: 11/24/2020

Page 1 of 1 21:53

DISABILITY EMPLOYMENT ACCELERATOR – SFP

The Employment Development Department, in coordination with the California Workforce Development Board and the Labor and Workforce Development Agency, announces a Solicitation for Proposals (SFP) for a Disability Employment Accelerator (DEA) program. This SFP makes available $2 million of Workforce Innovation and Opportunity Act Title I Governor’s Discretionary funds for this program.

The DEA program will focus on creating linkages and engaging businesses in high-growth industries. Entities will strive to use these business linkages to develop “earn and learn” service strategies (e.g., On-the-Job Training, Transitional Jobs, Work Experience, etc.) that ensure people with disabilities, including college students who are close to fulfilling their degree requirements and/or college graduates, have the necessary skills to obtain and retain competitive, integrated employment.

Eligible applicants are Local Workforce Development Areas, education and training providers, private non-profit organizations, private for-profit organizations, and faith and/or community-based organizations seeking innovative ways to strengthen business partnerships around in-demand jobs. Individuals are not eligible to apply.

Proposals must be received by Thursday, December 13, 2018, no later than 3 p.m. PT. An informational teleconference will be held on Tuesday, November 13, 2018, at 10 a.m. PT. For call-in information, please email a request to [email protected] by 12 noon on Friday, November 9, 2018. To view this SFP, please visit the EDD Workforce Development Solicitations for Proposals webpage.


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American’s Job Center of California - One-Stop Career Center Locations West Sacramento Woodland

500-A Jefferson Blvd., Building A 25 N. Cottonwood St www.yoloworks.org (916) 375-6300 x4327 (530) 661-2750 x4327

_________________________________________________________________________________________________________________________






Clark Pacific

DMG MORI


Marquez Designs

Olam West Coast

PrideStaff


Stonegate Lawncare



Woodland Aviation




>>>NOTICE OF PUBLIC MEETING<<< Workforce Innovation Board

November 14, 2018 8:30 - 10:30 AM

America’s Job Center of California / Community Room/ 25 North Cottonwood St., Woodland DRAFT AGENDA

1. Welcome Comments, Introductions and Group Discussion

2. Public Comments/Announcements – Non- Agenda Items

a. Workforce Innovation Board (WIB members, staff or the public may address the WIB on subjects relating to employment and training in Yolo County. A time lime of 3 minutes may be imposed. No action may be taken on non-agenda items.

3. Establish Quorum

4. Consider Agenda Approval

5. Consent Agenda – Approved with one motion unless item withdrawn for discussion

a. Approve WIB minutes – September 12, 2018 (Attachment) Page b. Receive/Review/Ratify Addition of WIB Executive Committee Member loanna

latridis (Attachment) Page c. Receive/Review/Ratify Proposal for WIB Standing Committee (Attachment) d. Receive/Review/Ratify Updated Support Services Policy and Procedure

(Handout) e.

6. Regular Agenda

a. Receive/Review/Discuss Regional and Local Plans PY 17-21 - Two Year Modifications (Attachment)

b. Receive/Review/Discuss Summary of Leveraged Funds (Attachment)

7. Guest Speaker/ Trainer – Cara Welsh - Employment Development Department Labor Market Consultant

a. The Labor Market Information Division (LMID) is the official source for California Labor Market Information. The LMID promotes California's economic health by providing information to help people understand California's economy and make informed labor market choices. We collect, analyze, and publish statistical data and reports on California's labor force, industries, occupations, employment projections, wages and other important labor market and economic data.

8. Information Items a. Receive Report from Michael Indiveri, One-Stop Operator (Attachment) b. Receive WIB Roster Approved by the Board of Supervisors (Attachment) c. Receive Workforce Services Directive (WSD) WSD 18-03 Pathway to Services,

Referral and Enrollment (Attachment) d. Receive WSD 18-04 70 percent LLSIL and Poverty Guidelines for 2018

(Attachment) e. Receive WSD 18-05 WIOA Grievance and Complaint Resolution Procedures

(Attachment) f. Receive WSD 18-06 Subrecipient and Contractor Distinctions (Attachment)

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g. Receive WSD 18-07 Salary and Bonus Limitations for 2018 (Attachment) Page_

h. Receive WSD 18-08 National Dislocated Worker Grant Guidance (Attachment) Page_

i. Receive Workforce Services Draft Directive (WSDD) 189 – State Level Performance Goal and Local Area Negotiations (Attachment)

j. Receive WSDD 190 Services and Referrals to Victims of Human Trafficking (Attachment) Page _

k. Receive Workforce Services Information Notice (WSIN) WSIN 18-04 CAAL –Skills – Letter of Intent to Apply Evaluation and Assessment (Attachment)

l. Receive WSIN 18-06 Pathway to Services Webinar Series (Attachment) Page _ m. Receive WSIN 18-07 Hilighting the Success of the Workforce Development

System (Attachment) n. Receive WSIN 18-09 Forthcoming Statewide WIOA Co-Enrollment Guidance

(Handout) o. Receive WSIN 18-10 Disability Employment Accelerator – SFP (Attachment)

Page _

9. Reports a. Ken Garrett, WIB Chair b. Elaine Lytle, Executive Director

10. Other Business That May Come Before the Board 11. Adjourn 12. Next Meeting:

January 23, 2018 – 8:00AM – 10:30AM Yolo County Health and Human Services Agency

America’s Job Center of California 25 North Cottonwood St., Woodland, CA 95695

Community Room

Accommodation: In accordance with Section 202 of the Americans with Disabilities Act, if you require special assistance, meeting materials to be in an alternative format, auxiliary aids, or other person to assist you while attending the meeting, we will provide reasonable accommodation to allow participation. Contact Ashley Abreu at (530) 661-2750 ext. 4327 at least 3 business days prior to the meeting to facilitate arrangement. This WIOA Tille l - financially assisted program or activity is an equal opportunity employer/program. Auxiliary aids and services available upon request to individuals with disabilities. California Relay Service 711 or 1·800-735-2922 (English). 1-800-855-3000 (Spanish). For more about the Yolo County Workforce Innovation Board·log on to www.yoloworks.org

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ONE STOP OPERATOR MEMO

To: WIB Executive Committee

From: Michael A. Indiveri, One-Stop Operator (OSO)

Subj: OSO Progress Report

Date: October 24, 2018

_____________________________________________________________________________________

There are two prime focus areas that are under consideration by the AJCC MOU Partnership. The first is the Continuous Improvement Plans (CIP) required by the Hallmarks of Excellence One-Stop certification process. The second is the on-going alignment of programs and services of the WIOA MOU Partners in Yolo County. These issues are worked through the Quarterly Meetings of the MOU Partners and the One Stop Operator (OSO).

On October 16, the OSO and the MOU Partners met in Woodland. In attendance were Washington Adult School, Yolo County Housing, and Yolo WIB staff, Yolo County HHSA, Yolo WIOA Title I, EDD and the OSO. Following the agenda; an update on the certification process, Round II was provided. It now appears that Round II may be conducted later in this program year. There was also a discussion of the various data platforms the partners use and how that relates to the referral and tracking of customers between agencies. This will become more of an issue in the future as the State is promoting the co-enrollment of customers as an alignment goal to enhance partnerships, share case management and leverage resources. Moving forward, the group then prioritized the cross training of MOU staff.

The group addressed training issues such as, the number of training sessions, duration & timing of the sessions, and who should attend so as to not impact staffing and services to customers. It was decided that these sessions would be held as part of the MOU Quarterly meetings.

To keep this process consistent and uniform, each partner should address the same 4 or 5 key bullet points, such as:

Service/programs/activities offered and when;

Specific eligibility processes, including what paperwork/documents customers need to have;

Supportive services and any financial aide provided;

Performance standards/program metrics required by funding source or governing authority.

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The OSO will share these bullet points with all MOU Partners. It was also agreed the next Quarterly meeting on January 15, 2019 will take a deep dive on the current referral form/ process and the various customer Release of Confidentiality forms used by the partners. The partners are to email this information to the OSO.

Under partner updates;

Yolo County reported on the recent visit of a review team from the U.S. Department of Labor. They were looking at several things including the extent of the regional planning in the Capitol Area. They interviewed staff, and also reviewed customer case files, employer services and Cal Jobs. Yolo also noted the public hearings on modifications to the WIOA Regional/Local Plans.

EDD introduced Jim Dion, from the Mark Sanders Center. He will fill in when Randy Bloomfield is not available.

Yolo County Housing gave information on the Affordable Housing across the street. Of the 80 units, 12 will be Cal Works folks and 20 will be Housing Voucher customers. YCH also noted their Escrow Account program, currently with 14 customers and they can add some more.

Yolo Co. WIOA Title I reported on the job fair in West Sac this Thursday. They are also reviewing their One-Stop Workshops for possible changes.

Kerry Koerwitz, from WUSD is filling in for Rene Collins. She has recently joined WUSD, and she has a 26 year resume in education.

The next scheduled MOU Partners’ Quarterly meeting will be January 15, 2019 in Woodland.

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Documents

Yolo County Workforce Innovation Board Packet.pdf · Mariella Guzman-Aguilar, Erica Johnson, Trish Kelly, Susan Kirby, Carmelo Miranda, Edwin Ortega Beltrán, Larry Ozeran, Jayne