I.Purpose
The purpose of this policy is to provide guidance on the use of
the United States Department of Labor (USDOL) approved waivers of Workforce
Innovation and Opportunity Act (WIOA) laws and regulations.
II.Effective
Date
June 23, 2020-June 30, 2022
III.Background
The Comprehensive Case Management and Employment Program (CCMEP)
was created to transform the network of human services and workforce programs
across Ohio. To help Ohioans move beyond
poverty to meaningful employment, Ohio has modernized its system by integrating
youth programs funded by Temporary Assistance for Needy Families (TANF) and
WIOA to create a new way to work.
By integrating WIOA and TANF youth programs, Ohio may more
effectively utilize and leverage federal dollars from these funding sources to
support the needs of customers who are eligible for these separate funding
sources. Braiding funds allows the WIOA
youth program to provide more comprehensive services to participants while
maximizing partner resources to assist youth.
To allow more flexibility with WIOA youth program funds to
implement CCMEP, Ohio requested the following waivers:
1Waiver
of section 129(a)(4) of the Workforce Innovation and Opportunity Act (WIOA) and
20 C.F.R. 681.410 which requires that the local workforce development area
(local area) expend at least 75 percent of local area WIOA youth funds to
provide services to out-of-school youth.
This waiver allows the State to satisfy the 75 percent expenditure
threshold for out-of-school youth using a combination of WIOA and Temporary
Assistance for Needy Families (TANF) funds.
2.Waiver of section 129(a)(4) of WIOA and
20 C.F.R. 681.410 to allow calculation of the 75 percent out-of-school youth
expenditure threshold at the State level rather than local level; and
3.Waiver of 20 C.F.R. 681.550 to allow
local workforce development boards (WDBs) to use individual training accounts
(ITAs) for in-school youth.
On June 23, 2020, the Ohio Department of Job and Family Services
received a letter from the United States Department of Labor (USDOL) fully
approving Ohio's requested waivers. These waivers are approved through
Program Year (PY) 2021 or June 30, 2022.
IV.Requirements
A.Waiver
of the requirement that the local area expend at least 75 percent of local area
WIOA youth funds to provide services to out-of-school youth.
Under CCMEP, with its emphasis on co-funding to benefit a more
cost-effective service delivery, the number of disconnected youth that can be
served will increase, particularly given the large infusion of TANF
dollars. This will ultimately allow WIOA
youth dollars to have a further reach and greater impact in local
communities. Additionally, by allowing
the calculation of the expenditure rate to be statewide, there would be more flexibility
amongst all the local areas to serve the population of participants unique to
that local area.
To recognize the influx of TANF dollars being invested in the
WIOA out-of-school youth population under CCMEP, the Office of Workforce
Development (OWD) will include the amount of TANF dollars spent on co-enrolled
WIOA out-of-school youth during a program year (PY) both the numerator and
denominator of the out-of-school rate calculation. The formula below defines the calculation to
be used beginning with PY20 funds:
Out-of-School
Youth (OSY) Rate Calculation Under Waiver Authority
|
|
WIOA OSY
expenses
|
|
+
|
|
TANF
spent on co-enrolled WIOA OSY
|
|
|
Total
WIOA OSY + In-School Youth expenses
|
|
|
TANF
spent on co-enrolled WIOA OSY
|
|
To align TANF spending to a WIOA program year, the time period
for CCMEP TANF expenses to be included in both the numerator and denominator
will be the TANF expenses for co-enrolled out-of-school youth reported in the
twelve months preceding the end-date of the WIOA Youth funds at the local area
level. For example, PY19 Youth funds are
available to local areas until June 30, 2021, so the calculation will include
TANF dollars invested in local services benefitting out-of-school youth from
July 1, 2019 until June 30, 2021.
The example below compares the out-of-school youth rate
calculation under current WIOA law to the proposed waiver flexibility for a
local area that spent $400,000 of its $600,000 in PY18 WIOA Youth program funds
during the two years of availability as well as $200,000 of its CCMEP TANF
funds spent during the second year of the Youth grant on services for
out-of-school youth who are co-enrolled:
Of $600,000 in Youth spending, $400,000 was spent on OSY: $400,000 $600,000 = 67% | The area also invests $200,000 of its TANF funds on
co-enrolled OSY WIOA Youth: WIOATANF $400,000 + $200,000=$600,000 $600,000$200,000$800,000 = 75% |
To determine the amount of TANF funds spent on co-enrolled WIOA out-of-school
youth, OWD will pro-rate the CCMEP TANF expenditures in a program year based on
the number of participants served in each CCMEP TANF population during that
year (i.e., served with TANF funds only, co-enrolled in WIOA in-school youth,
and co-enrolled in WIOA out-of-school youth).
Only the proportion of CCMEP TANF expenses for the program year
attributable to co-enrolled WIOA out-of-school youth based on relative
participant counts in the three categories will be included in the out-of-school
youth rate calculation.
B.Waiver
to allow local workforce development boards (WDBs) to use individual training
accounts (ITAs) for in-school youth.
The intent of using ITAs in the WIOA out-of-school program is to
expand training options, increase program flexibility, enhance customer choice,
and reduce paperwork. Ohio wanted
in-school youth to also have this option.
This waiver encourages this population to seriously look at career
pathways and in-demand occupations and empowers them to make their own
decisions.
Under this waiver, local WDBs and CCMEP lead agencies may use ITAs
for in-school youth. Local WDB directors
should contact the lead agencies and/or youth program providers to coordinate
this activity and ensure local area policies pertaining to ITAs will be adhered
to.
By using an ITA, the local WDB does not have to competitively
procure training services funded by WIOA for in-school youth. However, training services must still be
provided in a manner which maximizes informed consumer choice in selecting an
eligible training provider.
This waiver expands the population of individuals who may
receive an ITA. Therefore, the
requirements for providing an ITA found in Workforce Innovation and Opportunity
Act Policy Letter (WIOAPL) No. 15-11.2, Use of Individual Training Accounts, and
paragraph (E)(4)(a) of rule 5101:14-1-02 of the Administrative Code will also
include in-school youth in addition to out-of-school youth.
V.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: WIOAQNA@jfs.ohio.gov or CCMEPQNA@jfs.ohio.gov.
VI.References
Workforce Innovation and Opportunity Act, §§ 129 and 189, Public
Law 113-128.
20 C.F.R. §§ 679.600 - 679.620, 681.410 and 681.550.
ODJFS, Workforce Innovation and Opportunity Act Policy Letter
No. 15-11.2, Use of Individual Training Accounts, (August 11, 2020).