(A)      The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) WIOA youth formulary allocations to the local WIOA fiscal agent on behalf of the local workforce development boards (LWBDs) to help disadvantaged and unemployed youth earn while learning through support services and effective employment-based activities.

(B)      This allocation is composed of one hundred per cent federal funds. The catalog of federal domestic assistance (CFDA) number is 17.259. ODJFS authorizes the WIOA youth funds on a program year (PY) basis.

(C)     The period of performance and liquidation period for this allocation will be communicated by ODJFS through the county finance information system (CFIS). Funds must be expended by the end of the period of performance and reported no later than the end of the liquidation period.

(D)     Methodology

ODJFS uses the following formulas, as described in WIOA section 127(b)(1)(C)(ii) to allocate youth formulary funding to local areas. Statistics used to calculate funding are provided by the office of workforce development (OWD) as described in the state plan approved by DOL.

(1)      Youth funding streamsstream

(a)      ODJFS allocates one-third of the funds based on the relative number of unemployed individuals in areas of substantial unemployment in each local area compared to the total number of unemployed individuals in areas of substantial unemployment in the state.

(b)      ODJFS allocates one-third of the funds based on the relative excess number of unemployed individuals in each local area compared to the total excess number of unemployed individuals in the state.

(c)      ODJFS allocates one-third of the funds based on the relative number of disadvantaged youth in each local area compared to the total number of disadvantaged youth in the state.

(2)      Hold harmless provision

(a)      ODJFS applies the "hold harmless" provision which states that no local area receive an allocation that is less than ninety per cent of the average allocation for the preceding two fiscal years.

(b)      ODJFS will calculate the amounts necessary for increasing allocations to local areas in accordance with the hold harmless provision by proportionately reducing the allocations made to other local areas.

(c)      If the amount of WIOA funds appropriated in a fiscal year are not sufficient to provide the amount specified in paragraph (D)(2)(b) of this rule to all local areas, ODJFS will proportionally reduce the amounts allocated to each local area.

(E)      Allowable expenditures

Youth program design and Youthyouth program elements

WIOA section 129(c)(2) includes the original ten program elements under the Workforce Investment Act (WIA) and four new program elements. The list of program elements under the WIOA section 129(c)(2) consists of:

(1)      Tutoring, study skills training, instruction and evidence based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its equivalent;

(2)      Work experiences which may include summer employment opportunities and other employment opportunities available throughout the school year, pre-apprenticeship programs, on-the-job training, and internships and job shadowing;

(3)      Alternative secondary school services, or dropout recovery services;

(4)      Occupational skills training;

(5)      Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation;

(6)      Leadership development opportunities, including community service and peer-centered activities;

(7)      Supportive services;

(8)      Adult mentoring for at least twelve months during and after program participation;

(9)      Follow-up services for at least twelve months after completion of participation;

(10)    Comprehensive guidance and counseling, as appropriate to the individual youth;

(11)    Financial literacy education;

(12)    Entrepreneurial skills training;

(13)    Services that provide labor market information about in-demand industry sectors or occupations available in the local areas; and

(14)    Activities that help youth prepare for and transition to postsecondary education and training;.

(F)      Expenditure requirements

(1)      Administration

A local area may use up to ten per cent of the youth allocation for the administrative costs of carrying out the WIOA activities as described in paragraph (E) of this rule. These funds may be used for administrative costs as described in rule 5101:9-31-06 of the Administrative Code.

(2)(1)  Out-of-school youth

(a)      The WIOA's primary focus for youth formula programs is to support the educational and career success of out-of-school youth (OSY) as described in the WIOA section 129(a)(1)(B).

(b)      WIOA section 129(a)(4) requires local areas to spend a minimum of seventy-five per cent youth formula funds excluding administration funds, on OSY.

(i)       For PY 2015 funding, if local areas cannot meet the seventy-five percent minimum they must demonstrate progress by showing an increase in expenditures for OSY as compared to the prior year. The increase must be a minimum increase of ten percentage points compared to the previous year, and total OSY expenditures shall not be lower than fifty per cent of youth formula program expenditures.

(ii)      Beginning with PY 2016 all local areas must spend a minimum of seventy-five per cent of the youth allocation on OSY.

(3)(2)  Youth work experience

(a)      WIOA section 129(c)(4) prioritizes paid and unpaid work experiences as a critical youth program element that includes an academic and occupational education component.

(b)      Local areas must spend at least twenty per cent of youth formula funds on unpaid and paid work experiences as described in paragraph (E)(2) of this rule, exclusive of funds provided for administrative costs.

(c)      Program expenditures for the work experiences program element include wages and staffing costs for the development and management of work experiences.

(4)(3)  Allocated funds may not be used on construction or purchase of facilities, buildings, or foreign travel.

(G)     Administration

(1)      The costs of administration are the costs associated with performing the following:

(a)      Accounting, budgeting, financial and cash management;

(b)      Procurement and purchasing;

(c)      Property and personnel management;

(d)      Payroll;

(e)      Audits and coordinating the resolution of findings arising from audits, reviews, investigations and incident reports;

(f)       General legal services;

(g)      Developing systems and procedures, including information systems, required for these administrative functions; and

(h)      Fiscal agent responsibilities.

(2)      In accordance with 20 C.F.R. part 683.215, the definition of WIOA administration specifies that all costs incurred for functions and activities of sub-recipients and contractors are program costs, unless the sub-recipient or contractor is performing only administrative functions.

(3)      A local area may use up to ten per cent of the allocation amounts for the administrative cost of carrying out WIOA activities.

(4)      Sub-recipients and contractors performing program functions that are funded with WIOA youth funds do not report the costs associated with performing these program functions as administrative costs against the area's ten per cent administration expense limit.

(G)(H) Local areas shall comply with all office of workforce development (OWD) program policy regarding expenditure rates and recapture of unused funds. ODJFS will determine the level of adjustment needed if DOL should issue a rescission of funds.

(H)(I)  Statewide activities

(1)      The governor may set aside a certain percentage of youth formula funds as described in WIOA section 128 for statewide activities, including five per cent for administrative activities. These funds may be combined and spent on statewide youth activities as described in WIOA section 129(b).

(2)      ODJFS may periodically allocate statewide funding for special projects.

(3)      Statewide funds are available for expenditure during the current PY and the two succeeding PYs.

(I)(J)   The local area shall maintain documentation as described in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).

Effective: 06/25/2017

Certification: CERTIFIED ELECTRONICALLY

Date: 06/15/2017

Promulgated Under: 111.15

Statutory Authority: 5101.02, 6301.03

Rule Amplifies: 5101.02, 6301.03

Prior Effective Dates: 6/22/15