June 28, 2012
Assistant Secretary for Employment and Training Washington, D.C. 20210
The Honorable Paul R. LePage Governor of Maine 1 State House Station Augusta, Maine 04333-0054
Dear Governor LePage:
This letter provides approval of the modification of Maine's State Plan for Title I of the Workforce Investment Act (WIA) and Wagner-Peyser Act (W-P) State Plan for the period of July 1,2012 through December 31,2012. The Employment and Training Administration (ETA) received the State's proposed modification on May 21,2012. This letter also responds to Maine's request for new and extended waivers. Training and Employment Guidance Letter (TEGL) No. 21-11, issued on March 27, 2012, provides guidance for states to secure approval of their WIAIW-P State Plans and waivers for PY 2012. In accordance with TEGL No. 21-11, the State must submit a full five-year WIA/W-P State Plan and annual W-P Agricultural Outreach Plan by September 15,2012.
Plan Review and Approval
ETA has reviewed Maine's State Plan modification in accordance with Title I of WI A, the Wagner-Peyser Act, the corresponding regulations, the WIAIW-P Planning Guidance (73 Fed. Reg. 72853, December 1, 2008. Pursuant to 20 CFR 661.230(e), this letter constitutes a written determination under WIA Section 112 (29 USC 2822) that ETA is approving the modification to Maine's State Plan for the period July 1,2012 through December 31,2012. The State already received its formula allotment for the WIA Youth program for PY 2012. The State is eligible to receive WIA formula allotments for the Adult and Dislocated Worker programs under the PY 2012 Annual Funding Agreement. The W-P Annual Funding Agreement on PY 2012IFiscai Year 2013 will provide the W-P Act initial base allocation of PY 2012 funds.
Performance Levels
Maine requested to temporarily extend its existing PY 2011 WIA and W-P performance goals for a portion of PY 20 12. ETA has incorporated these performance goals, identified as PY 2012 performance goals, into the Regional and National Office copies of the State Plan. Please include these PY 2012 goals in the State's official copy of the State Plan. As required by TEGL 21-11, the state must renegotiate its new PY 2012 goals upon submission of its full State Plan. 2
Waivers
As part of the State's modification of the WIA/W-P Act State Plan, and as described in TEGL No. 21-11, the State requested temporary extensions of Maine's PY 2011 waivers of statutory and regulatory requirements under WIA for PY 2012. The State also submitted a request for three new waivers (copies enclosed). The State's request for new waivers is written in the format identified in WIA Section I 89(i)(4)(B) and 20 CFR 661.420(c). The disposition of the State's waiver extensions as well as its submission of new waiver requests is outlined below. This action is taken under the Secretary's authority at WIA Section 189(i) to waive certain requirements of WIA Title I, Subtitles Band E, and Sections 8-10 of the Wagner-Peyser Act. Waiver Extensions
Waiver of the provision at 20 CFR 663.530 that prescribes a time limit on the period of initial eligibility for training providers.
The State was previously granted a waiver of the time limit on the period of initial eligibility of training providers provided at 20 CFR 663.530. The State is granted an extension of this waiver through December 31, 2012 .. Under the waiver, the State is allowed to postpone the determination of subsequent eligibility of training providers. The waiver also allows the State to provide an opportunity for training providers to re-enroll and be considered enrolled as initially eligible providers.
Waiver of WIA Section 134(a) to permit local areas to use a portion of local funds for incumbent worker training.
The State was previously granted a waiver to permit local areas to conduct allowable statewide activities as defined under WIA Section I 34(a)(3) with local WIA formula funding, specifically incumbent worker training. The State is granted an extension of this waiver through December . 31,2012. Under this waiver, the State is permitted to allow local areas to use up to 10 percent of local Dislocated Worker funds and up to 10 percent of local Adult funds for incumbent worker training only as part of a layoff aversion strategy. Use of Adult funds must be restricted to serving lower income adults under this waiver. ETA believes limiting incumbent worker training to the specified level and requiring it to be a part of layoff aversion is the best use of funds in the current economic climate where serving unemployed workers is a paramount responsibility of the workforce system. All training delivered under this waiver is restricted to skill attainment activities. Local areas must continue to conduct the required local employment and training activities at WIA Section 134( d), and the State is required to report performance outcomes for any individual served under this waiver in the Workforce Investment Act Standardized Record Data system (WIASRD), field 309. TEGL No. 26-09, Section 7A, "Workforce Investment Act (WIA) Waiver Policy and Waiver Decisions for PY 2009 and 2010" and TEGL No. 30-09, "Layoff Aversion Definition and the Appropriate Use of Incumbent Worker Training for Layoff Aversion Using a Waiver" provide policy guidance related to implementation of this waiver.
New Waiver Requests
Waiver of the required 50 percent employer contribution for customized training at WIA Section 101(8)(C).
The State has requested a waiver of the required 50 percent employer contribution for customized training to permit the use of a sliding scale for the employer contribution based on the size of the business. The State is granted this waiver through December 31, 2012. Under the waiver, the following sliding scale is permitted: 1) no less than 10 percent match for employers with 50 or fewer employees, and 2) no less than 25 percent match for employers with 51-250 employees. For employers with more than 250 employees, the current statutory requirements (50 percent contribution) continue to apply. When determining the funding source for customized training, the State must use the appropriate program funds for the appropriate WIA eligible population. The State and local area may provide customized training to individuals 18 years of age or older with WIA Adult funds and must provide priority to low-income individuals when funds are limited; the State and local area may provide customized training to dislocated workers with WIA Dislocated Worker funds. Customized training provided with statewide funds must serve WIA eligible individuals.
Waiver to permit the State to replace the performance measures at WIA Section 136(b) with the common measures.
The State has requested a waiver that allows the State to replace the 17 performance measures under WIA Section 136(b) with the common measures. The State is granted this waiver through December 31, 2012.
This waiver permits the State to negotiate and report WIA outcomes against the common performance measures only, rather than the performance measures described at WIA Section 136(b). The State will no longer negotiate and report to ETA on the following WIA measures: WIA adult and dislocated worker credential rates; participant and employer customer satisfaction; older youth measures; and younger youth measures. The State will use the three adult common performance measures to negotiate goals and report outcomes for the WIA Adult and WIA Dislocated Worker programs. The State will use the three youth common performance measures to negotiate goals and report outcomes for the WIA Youth program. Workforce Investment Act Standardized Record Data system (WIASRD) item 619, Type of Recognized Credential, should be completed for each individual as appropriate, regardless of this waiver to report on common performance measure outcomes only.
The approved waivers are incorporated by reference into the State's WIA Grant Agreement, as provided for under paragraph 3 of the executed Agreement, and this constitutes a modification of the State Plan. A copy of this letter should be filed with the State's WIA Grant Agreement and the approved State Plan. In addition, as described in TEGL No. 29-11, the State should address the impact that these waivers have had on the State's performance in the WIA annual performance report, due on October 1 of each year.
We look forward to receiving your full State Plan for PY 2012 and working together as you implement your State workforce strategies. If you have any questions related to the issues discussed above, please contact Carmen Rodriguez, the Federal Project Officer for Maine, at (617) 788-0110 or Rodriguez.carmen@dol.gov.
Sincerely,
Jane Oates, Assistant Secretary
cc: Holly O'Brien, Regional Administrator, ETA Boston Regional Office
Carmen Rodriguez, Federal Project Officer for Maine
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