I.Purpose
The purpose of this policy is to establish the procedures for designating local workforce development areas.
II.Effective Date
Immediately
III.Background
The Workforce Innovation and Opportunity Act (WIOA) envisions a workforce development system that is customer-focused on both the job seeker and business, and is able to anticipate and respond to the needs of regional economies. The purpose of a local workforce development area (called local area) is to serve as a jurisdiction for the administration of workforce development activities and execution of adult, dislocated worker, and youth funds allocated by the State. Such areas may be aligned with a region identified in Section 106 (a)(1) of WIOA or may be components of a planning region, each with its own local workforce development board.
Local areas are the areas within which local workforce development boards oversee their functions, including strategic planning, operational alignment and service delivery design, and a jurisdiction where partners aligned resources at a sub-State level to design and implement overall service delivery strategies.
The State must designate local workforce development areas in order for the State to receive adult, dislocated worker, and youth funding under Title I, Subtitle B of WIOA.
IV.Definitions
Initial designation: a request for designation if the local area meets all of the following criteria as outlined in section 106(b)(2) of WIOA:
- The local area was designated as a local area for purposes of the Workforce Investment Act (WIA);
- The local area performed successfully; and
- The local area sustained fiscal integrity.
Labor market area: an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence.
Performed successfully (for initial designation): pursuant to section 106 (e)(1) of WIOA, the local area met or exceeded the levels of performance for each of the last 2 consecutive years.
Performed successfully (for subsequent designation): pursuant to section 106 (e)(1) of WIOA and 20 C.F.R 679.260 (b), the local area met or exceeded all performance levels for core indicators of performance.
Sustained fiscal integrity: the Secretary has not made a formal determination that either the grant recipient or the administrative entity of the area misexpended funds due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration for the two year period preceding the determination.
V.Requirements
A.Consultation with Stakeholders
As part of the process of designating or redesignating a local workforce development area, the State consults with the State Board and chief elected officials, and considers public comments from a wide range of stakeholders. This ensures the State is able to consider all relevant information, data, and opinions before making the decision to designate or redesignate a local area.
B.Considerations for Designation
The WIOA law provides the substantive requirements that the State must use for designation or redesignation of local workforce development areas. The law requires the State to designate local areas using the following criteria:
1.Consistent with local labor market areas
This criterion includes an analysis of labor market data for the county and a comparison with surrounding counties and regions. Information such as metropolitan statistical areas (MSA), combined statistical areas (CSA), and workforce commuting patterns provide a snapshot of the labor market. Counties who are within the same MSA and CSA or whose residents' commuting patterns are similar should be reviewed for possible inclusion as a local workforce development area.
Data to be used to assess the labor market can be found at the following websites:
2.Common economic development areas
Various aspects of regional economic development are considered for this criterion. A review of the JobsOhio regions as well as the unemployment rate, the number of businesses, the types of businesses, and the number of job openings in the county and surrounding counties should be completed. Counties with similar economies and economic development should be considered for possible inclusion as a local workforce development area.
Data to be used to assess regional economic development can be found at the following websites:
3.Federal and non-Federal resources
This criterion not only includes available financial funding but also resources that will assist in the delivery of services. A review of this criterion should include where training providers, including 2-year and 4-year schools, Adult Basic and Literacy Education (ABLE) providers, and Ohio technical centers are located. A review of resources should also include how much Workforce Investment Act (WIA) funding is available currently and how this amount affects the delivery of services to adults, dislocated workers, and youth. The local workforce development area should have available services and funding to support the workforce development system and services.
Data to be used to assess resources can be found at the following websites:
Other considerations to determine local workforce development area composition includes the existing partnerships between neighboring local areas or between counties belonging to separate areas. Working together as a single area, these partnerships could prosper and become stronger. Also, better integration between the workforce and economic development systems best connect employer needs of workers with the skilled workforce needs of employers.
C.Requesting Local Workforce Development Area Designation
The chief elected official has the responsibility to partner and form local areas. This is done by reviewing and considering how a local area composition would be beneficial using the criteria established under WIOA law and the accompanying labor market and economic development data.
The chief elected official also has the responsibility for requesting local workforce development area designation. This is done by completing and submitting the JFS 00512, Workforce Development Area Designation Application, and including all of the following information:
- Evidence supporting how the local workforce development area meets designation criteria; and
- Board or council resolution approving the proposed workforce development area.
Designation applications and supporting documents shall be submitted to the Office of Workforce Development: OWDPOLICY@jfs.ohio.gov. The subject of the email should read, "WDA Designation."
The State will review the packet and notify the chief elected official within 45 calendar days after the initial submission of the designation or the denial of proposed local area.
With the cooperation and consent of the chief elected official and the local workforce development board, the State may designate local areas at any time.
VI.Subsequent Designation Requirements
Local workforce development areas previously designated by the State under WIOA's initial designation criteria must be subsequently designated by June 30, 2017.
Approval of subsequent designation is based upon the following:
- Performed successfully;
- Sustained fiscal integrity; and
- Met the planning region requirements during the 2 year period of initial designation.
Local areas designated under WIOA initial designation will be considered to have requested continued designation unless the chief elected official and the local board directly notifies the State that they no longer wish to operate as a local area.
Local areas that are able to demonstrate successful performance and fiscal integrity will be permitted to continue to operate and may not be redesignated without the consent of the local board and the chief elected official in the local area.
The State may evaluate the local area at any time to ensure the local area continues to meet the requirements for subsequent eligibility. However, a review of the requirements of subsequent eligibility must be completed by the State as part of each 4 year State planning cycle.
If the local area fails to meet its negotiated levels of performance or does not comply with administrative requirements, the State retains the authority to take corrective action in light of failure of performance or fiscal management short of redesignation and does not have to redesignate a local area that has failed to maintain the redesignation requirements.
VII.Appeals
Pursuant to section 106 (b)(5) of WIOA and 20 CFR 683.630, if the State denies initial or subsequent designation of an area as a local area, the chief elected official(s) may appeal the decision through the following appeals process:
- Within 14 days from the date of receipt of the notice of denial, the chief elected official(s) may file an appeal to the State Board by submitting in writing all of the following information: a statement that the chief elected official(s) is appealing the denial of initial or subsequent designation; the reason(s) why the local area should be designated; and signature of the chief elected official(s).
- The written appeal shall be submitted by e-mail to: OWDPOLICY@jfs.ohio.gov.
- Pursuant to 20 CFR 679.290 (b) and 20 CFR 683.630 (a), the State Board will provide the parties with the opportunity for a hearing, review the appeal, and make a ruling on the appeal within 60 days after the submission of the appeal.
The State Board shall notify the chief elected official(s) in writing, of its decision on whether or not to approve initial or subsequent designation of an area as a local area under section 106 (b)(2) or (b)(3) of WIOA and 20 C.F.R. 679.250.
In the event the State Board denies the appeal or fails to issue a decision within 60 days of the date the appeal is submitted, the chief elected official(s) may further appeal the State Board's decision or lack thereof to the U.S. Department of Labor (USDOL). Pursuant to 20 CFR 683.640, appeals made to USDOL, must be filed no later than 30 days after receipt of written notification of the denial from the State. The appeal must be submitted by certified mail, with return receipt requested, to the following address:
Secretary, U.S. Department of Labor
200 Constitution Ave. N.W.
Washington, D.C. 20210
Attention: ASET
The appellant must establish in its appeal to USDOL that the appellant was not accorded procedural rights under Ohio's appeal process, or that it meets the requirements for designation in section 106 (b)(2) or (b)(3) of WIOA and 20 CFR 679.250.
The appellant must provide a copy of the appeal to the State Board at the same time that the appellant sends the appeal to USDOL.
VIII.Technical Assistance
Ongoing support, guidance, training and technical assistance on workforce development area designation, subsequent designation, or redesignation requirements, including stakeholder consultation, are available to all local areas.
Requests for technical assistance may be sent to ODJFS, Office of Workforce Development: WIAQNA@jfs.ohio.gov.
IX.References
Workforce Innovation and Opportunity Act, Public Law 113-128.
20 C.F.R. 603, et seq.
USDOL, Training and Employment Guidance Letter WIOA N0. 27-14 Operating Guidance for the Workforce Innovation and Opportunity Act, Workforce Innovation and Opportunity Act Transition Authority for Immediate Implementation of Governance Provisions, (April 15, 2015).