I.Purpose

This communication provides guidance on the option to competitively select a youth provider for three of the youth program elements or to conduct the three youth program elements internally. Workforce Investment Act (WIA) administrative entities should convey this guidance to subrecipients and other entities that provide WIA activities and services.

II.Effective Date

July 1, 2012 - June 30, 2017

III.Background

The Workforce Investment Act, Public Law 105-220, dated August 7, 1998, Sections 123 and 129 (c)(2) require the local WIB to competitively select youth providers to deliver services for the ten youth program elements.

In April 2011, Ohio submitted a waiver request to extend the November 12, 2009 approved waivers to allow a WIB to decide whether to competitively select youth providers or allow the administrative entity to deliver services for the following three youth program elements: paid and unpaid work experience, supportive services, and 12-month follow-up services. On June 7, 2011, the United States Department of Labor (USDOL) approved this waiver request, effective July 1, 2011. An extension of this waiver has been granted through June 30, 2017.

IV.Requirements

A WIB has the option to competitively select a youth provider for three of the youth program elements (paid and unpaid work experience, supportive services, and follow-up services) or to conduct the three youth program elements internally. This waiver does not apply to the remaining seven youth program elements.

This waiver applies statewide. A formal request from a WIB is not required to implement this waiver. If a WIB uses this waiver, the local business plan must be modified.

A WIB, in coordination with the Youth Council, should identify the extent that the three program elements are available in the community. These three youth program elements may exist without charge through other community entities. A WIB may:

1.Continue to competitively select youth providers to deliver the services because of operational effectiveness and efficiency.

2.Authorize the administrative entity to provide services internally through One-Stop locations.

3.Use a mixed approach conducting services internally and using a competitive selection process.

Regardless of the option selected, a WIB must ensure documentation of the decision, including the reasonableness of cost. Annually, a WIB should ensure completion of an independent analysis of the cost effectiveness and outcomes under the youth program. The analysis will help to verify that youth services remain cost effective and the youth program continues to meet performance expectations.

This waiver is not meant to diminish the established network of quality youth service providers. The local administrative entity should inform appropriate stakeholders that competitively selecting youth providers is no longer required for the three youth program elements. You may want to consider allowing the community and existing youth service providers the opportunity to submit comments.

V.Technical Assistance

For additional information, you may send your questions to ODJFS, Office of Workforce Development: WIAQNA@JFS.OHIO.GOV.

VI.References

Workforce Investment Act of 1998, Public Law 105-220, August 7, 1998.

20 C.F.R. Part 652 et al. Workforce Investment Act Final Rules, August 11, 2000.

USDOL Training and Employment Guidance Letter No. 09-00, Workforce Investment Act of 1998, Section 129 - Competitive and Non-competitive Procedures for Providing Youth Activities Under Title I, January 23, 2001.

USDOL Training and Employment Guidance Letter No. 3-99, Program Guidance For Implementation of Comprehensive Youth Services Under the Workforce Investment Act During the Summer of 2000, January 31, 2000.

USDOL waiver approval letters dated December 10, 2012 and August 8, 2013.

Rescission

WIAPL 09-06.2 Waiver on Requirement to Competitively Select Youth Providers for Three Program Elements (Paid and Unpaid Work Experience, Supportive Services, and Follow-up Services)