DLLR's Division of Workforce Development has submitted to the U.S. Department of Labor the following waiver requests for approval. Comments should be directed by May 16, 2009 to Sharon Harris at the following e-mail address:
sharris@dllr.state.md.us
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Waiver of the Time Limit on the Period of Initial Eligibility for Training Providers
Waiver Request
The Maryland Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I program for the twelve local workforce areas within Maryland, request a waiver of WIA Section 122 (c) (5) related to eligible training provider provisions. We request the waiver of the time limit on the period of initial eligibility for training providers. This waiver will address the data collection barriers related to meeting the training provider requirements, and will increase the number of community colleges and other entities that are available to deliver training to Adult and Dislocated Worker participants.
The Department of Labor has approved this waiver for many states, and it has become a fundamental aspect of the operation of workforce system. This waiver request is applicable to the American Recovery and Reinvestment Act and Formula Allocation Funds.
This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c)
Statutory Regulations to be Waived
The WIA Section 122 (c) (5) and Title CFR 663.530 dealing with the time limit on the period for initial eligibility.
Waiver Duration
July 1, 2008 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.
Goals and Expected Programmatic Outcomes if Waiver is Granted
- Maximizes quality training opportunities for workforce system customers.
- Removes barriers that will allow LWIBs to award contracts to institutions of higher education.
- Increases the number of institutions that can deliver training to Adult and Dislocated Worker participants.
State or Local Statutory or Regulatory Barriers
There are no state or local statutory or regulatory barriers to implementing the waiver.
Individuals Impacted by the Waiver
Approval of this waiver will positively impact the customers of the workforce investment system by increasing the availability of training providers.
Process to Provide Notice to any Local Board Affected by the Waiver
Should the waiver be granted, the Division of Workforce Development of DLLR will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on
Maryland Department of Labor, Licensing and Regulation website.
Process used to Monitor Progress in Implementing the Waiver
The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Relating to Procurement Requirements for
Summer Youth Employment
Waiver Request
The Maryland Department of Labor, Licensing and Regulation (DLLR), administrative entity for WIA Title I programs for the twelve local workforce areas within Maryland, requests a waiver relating to the procurement requirements for youth services in WIA Section 123 for youth training programs and services related to the American Recovery and Investment Act of 2009 (ARRA), Summer Youth funds. Our existing processes are a barrier to rapid implementation of summer employment programs. This waiver will allow the state and local Workforce Investment Areas to conduct an expedited, limited competition to select service providers. The limited competition will be among service providers with proven records of success in providing youth services. This waiver will only apply to the summer employment program element and only for the summer of 2009. The waiver will only be applicable to Recovery Act funding.
This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c).
Statutory and Regulatory Sections to be Waived
WIA Section 123 provides that all WIA youth service providers shall be selected on a competitive basis. 20 CFR 664.610 further provides that if summer employment opportunities are provided other than by the grant recipient, the service provider must be selected on a competitive basis.
Goals and Expected Programmatic Outcomes if Waiver is Granted
This waiver will support local and state-level activities included in the TEGL-14-08 and allow the state and locals to expend the entire youth allocation by the end of the summer. It will also allow the State of Maryland to respond to the current economic climate.
The most immediate outcome of this requested waiver will be to expediently increase the number of youth in employment. This waiver will also allow the State and locals to allocate the funds quickly and efficiently to our training providers.
State or Local Statutory or Regulatory Barriers
There are no state or local statutory or regulatory barriers to implementing the waivers.
Individuals Impacted by the Waiver
This waiver is expected to benefit youth, local workforce areas, employers, and the economic health of communities and our state.
Process to Provide Notice to any Local Board Affected by the Waiver
Should the waiver be granted, the Division of Workforce Development of DLLR will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on
Maryland Department of Labor, Licensing and Regulation website.
Process used to Monitor Progress in Implementing the Waiver
Maryland's program and fiscal monitoring system has been developed with input from the U.S. Department of Labor's Employment and Training Administration Region 2 Office. The State's performance tracking system continually assesses the effectiveness of our WIA program. The State will pay specific attention to the effects of implementation of this waiver. In addition, the State will conduct a random sample of contracts or grants that are awarded with these funds to ensure that the rules and regulations are enforced.
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Performance Measures for Youth
Waiver Request
The Maryland Department of Labor, Licensing and Regulation (DLLR), administrative entity for WIA Title I programs for the twelve local workforce areas within Maryland, requests a waiver of TEGL 17-05 and TEGL 17-05 Change 1 of the youth performance requirements for WIA eligible youth, who are out-of-school aged 18-24 served with American Recovery and Reinvestment Act (AARA) funds beyond the summer months who participate in work experience only. This waiver will allow states to use the work readiness indicator as the only indicator of performance for such youth, the same measure that applies to summer youth only participants. The waiver would only be applicable for the first six months following the summer of 2009 (i.e. October to March). As part of this waiver we are requesting that the program design flexibility for summer youth articulated in Section 16.A of TEGL 14-08 apply to such youth who participate in work experience only beyond the summer months.
This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420(c).
Statutory and Regulatory Sections to be Waived
TEGL 17-05 and TEGL 17-05 Change 1
Goals and Expected Programmatic Outcomes if Waiver is Granted
This waiver would support state and local level activities including programs that provide training to out-of-school youth (18-24) as identified in TEGL 14-08 Section 19 (A). It will also allow the State of Maryland to respond to the current economic climate.
The most immediate outcome of this requested waiver is that out-of-school youth age (18-24) served with ARRA Funds may participate in an extended summer employment program from (October 1, 2009 through March 31, 2010) and use only the work readiness indicator as the only performance indicator requirement for participation in the employment program. This waiver will allow the State to extend the use of ARRA Summer Youth Employment funds to out-of-school youth age 18-24 through March 31, 2010. This waiver will also provide more time to ensure that local area can develop work sites that provide meaningful work experience and to develop "green work experiences". Also more time is provided to ensure that the worksite placement does not violate the prohibition that existing employment is unfavorably impacted or that the youth perform functions of laid off employees. This waiver will allow us to serve older youth who began their participation late in summer and also serve those older youth that need longer and/or more varied work experience in order for them to become job ready.
State or Local Statutory or Regulatory Barriers
There are no known state or local statutory or regulatory barriers to implementing this waiver. Upon notification on the approval of this waiver, Maryland Department of Labor, Licensing and Regulation (DLLR) will incorporate it into policy and distribute the new policy to the
WIBs.
Individuals Impacted by the Waiver
Eligible WIA youth (ages 18-24) who have the necessary academic skills will benefit with extension of the summer employment program for youth who will acquire work readiness skills and the ARRA 2009 funds available will be expended for their intended purpose as desired by USDOL and the US Congress.
Process to Provide Notice to any Local Board Affected by the Waiver
Should the waiver be granted, the Division of Workforce Development of DLLR will provide policy and guidance through an agency issuance of a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on
Maryland Department of Labor, Licensing and Regulation website.
Process used to Monitor Progress in Implementing the Waiver
The Workforce Information Unit has systems in place that can distinguish between those youth that receive summer employment and work experience only and are subject to the job readiness measure from those youth that are co-enrolled or enrolled in either the regular Youth or Adult programs and would be subject to the Common Measure (Maryland is a Common Measures waiver State).
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