ADULT EDUCATION
Program Memorandum - OVAE - 99-14

Date: June 1, 1999
To: State Directors of Adult Education
From: Patricia W. McNeil
Subject: Responsibilities and Opportunities Created by Title I of the Workforce Investment Act of 1998

The foundation of the comprehensive reforms made by Title I of the Workforce Investment Act of 1998 (WIA) (Public Law 105-220) is the creation of a One-Stop service delivery system that will make it easier for individuals in every community to access the education, training, and information resources they need to pursue lifelong learning and advance their careers. Programs assisted under the Adult Education and Family Literacy Act (AEFLA) are important components of this new, customer-friendly service delivery system.

The One-Stop provisions of WIA offer vocational and adult education and other One-Stop partner programs exciting opportunities both to expand access to their programs and to improve the variety of services they provide. By working together, One-Stop partners will be able to achieve collectively goals that each partner could not accomplish by working independently.

On April 15, 1999, the U.S. Department of Labor issued Interim Final Regulations for Title I of WIA (64 Federal Register 72, pp. 18662 - 18764, April 15, 1999). These regulations may be viewed on the Department of Labor's WIA website or on the Government Printing Office website.

While these regulations clarify many of the issues related to the design and implementation of the One-Stop delivery system and the participation of One-Stop partners in the system's governance and operation, these provisions interact with, and are affected by, the provisions of the authorizing statutes of One-Stop partner programs. Section 121(b)(1)(A)(i) of WIA, for example, requires One-Stop partners to make available through the One-Stop system core services "that are applicable to such program or activities" and section 121(b)(1)(A)(ii) requires that the participation of mandatory partners in the One-Stop system be "consistent with...the requirements of the Federal law in which the program or activities are authorized."

The purpose of this non-regulatory guidance is to provide additional information concerning the application of Title I of WIA to AEFLA. This information is intended to facilitate your early and effective participation in the implementation of the One-Stop service delivery system within your State. Our goal is to define more clearly for you the legal parameters for State and local decision-making, rather than dictate any particular implementation approach or system design. You and the other One-Stop partners have considerable flexibility to determine how to fulfill the One-Stop requirements of Title I of WIA in a manner which best addresses State and local needs, priorities, and circumstances. This flexibility is key to the success of the implementation of the One-Stop delivery system, as well as AEFLA. There is no single, best way to implement the customer-friendly, seamless delivery system envisioned in WIA. The most effective One-Stop delivery systems will spring from State and local creativity, innovation, and commitment.

The Department wishes to emphasize that the responsibilities established by Title I of WIA are not secondary or subsidiary to the responsibilities and requirements established by AEFLA. The requirements of both Title I of WIA and AEFLA must be satisfied. Eligible agencies must design their programs and plan for the use of funds in a manner that will enable them to satisfy both sets of requirements.

What entity serves as the One-Stop partner for the Adult Education and Family Literacy Act program in each local area?

Section 121(b)(1) of WIA and 20 CFR §662.200 and 20 CFR §662.220 identify mandatory One-Stop partner programs that have certain responsibilities with respect to the One-Stop delivery system in each local workforce investment area designated under section 116 of WIA.

For programs under the Adult Education and Family Literacy Act (AEFLA), the entity responsible for fulfilling the One-Stop participation requirements is the State eligible agency. The eligible agency may designate one or more eligible providers in each local area to fulfill all or part of these responsibilities (20 CFR 662.220(b)(1)).

What are the responsibilities of the eligible agency (or a designated provider) with respect to participation in the One-Stop system?

Each eligible agency must:

  • Be represented on the State Workforce Investment Board.

  • Be represented on the Local Workforce Investment Board.

  • Enter into a memorandum of understanding with the Local Workforce Investment Board relating to the operation of the One-Stop system, including a description of services, how the cost of the identified services and operating costs of the system will be funded, and methods for referral.

  • Ensure that the core services applicable to AEFLA are made available to participants through the One-Stop delivery system within each local area, either in lieu of or in addition to making these services available at the site of an assisted program.

  • Ensure that a portion of the funds available under section 231 is used, by providing services or through other means, to create and maintain the One-Stop delivery system and to provide applicable core services through the One-Stop delivery system.

The participation of the eligible agency in the One-Stop delivery system (including the expenditure of section 231 funds related to that participation) must be consistent with the provisions of AEFLA [secs. 121(b)(1)(A)(ii), 134(d)(1)(b) of WIA].

The regulations give the eligible agency the flexibility to designate one or more eligible providers within each local area to carry out all or part of these responsibilities relating to participation in the One-Stop delivery system in a local area.

What is the eligible agency's relationship with the State Workforce Investment Board?

Section 111 of WIA provides for the establishment of a State Workforce Investment Board (State Board) that is responsible for assisting the Governor in developing the State's WIA Title I plan, promoting coordination among workforce investment and education programs, and other functions.

The "lead State agency officials with responsibility for" mandatory One-Stop partner programs, including AEFLA, must be included as members of the State Board (sec. 111 (b)(1)(C)(vi)(I)). These officials must be "individuals with optimum policymaking authority" within their agencies (sec. 111(b)(2)). The appropriate State official will vary according to how adult education and literacy programs are administered in each State. The State Director of Adult Education can play a valuable role in assisting the State Board in promoting effective coordination between Title I of WIA, AEFLA, and other One-Stop partner programs.

What is the eligible agency's relationship with "alternative entities" used by States in lieu of the State Workforce Investment Board established under Title I of WIA?

Section 111(e) of WIA sets out the limited circumstances in which a Governor may choose to designate an alternative entity to carry out the responsibilities of the State Board, such as an existing Human Resource Investment Council or State Job Training Coordinating Council. 20 CFR §661.210(d) of the WIA Title I regulations further provides that:

If the membership structure of the alternative entity is significantly changed after December 31, 1997, the entity will no longer be eligible to perform the functions of the State Board. In such case, the Governor must establish a new State Board which meets all of the criteria of WIA sec. 111(b). A significant change in the membership structure does not mean the filling of a vacancy on the alternative entity, but does include any change in the organization of the alternative entity or in the categories of entities represented on the alternative entity which requires a change to the alternative entity's charter or a similar document that defines the formal organization of the alternative entity.

If an alternative entity is designated to perform the functions of a State Board, the WIA Title I State plan must "explain the manner in which the State will ensure an ongoing role for" any category of member that is excluded from membership on the alternative entity (20 CFR §661.210(c)). This requirement would include a role in the workforce investment system for the lead State agency official responsible for AEFLA or other State agency officials who are not represented on the State Board.

In the preamble to the regulations, the Department of Labor emphasizes that groups that have been omitted from membership on the alternative entity must "have an opportunity for meaningful input into decisions made by the State Board" (64 Federal Register 72, p. 18666). The Department of Education expects that eligible agencies will be consulted and involved in all decisions by alternative entities that might impact adult education and literacy and the coordination of AEFLA with other One-Stop partner programs.

Is the eligible agency represented on the Local Workforce Investment Board?

The workforce investment system established by WIA Title I is governed at the local level by the chief elected official in the local area in partnership with a Local Workforce Investment Board (Local Board). Membership requirements for the Local Board are described in section 117(b)(2) of WIA and 20 CFR §661.315.

The Local Board must contain at least one member representing each mandatory One-Stop partner. Therefore, at least one member of the Local Board must be a representative of the eligible agency or a section 231 provider in the local area that has been designated by the eligible agency (20 CFR §661.315(a)). All members of the Local Board who represent organizations, agencies or other entities must be "individuals with optimum policy making authority within the organizations, agencies, or entities" they represent (sec. 117(b)(3) of WIA). The eligible agency or a designated provider has the flexibility to determine the individual who is most appropriate to fulfill these responsibilities.

Given the overall emphasis of WIA Title I on the importance of local decision-making, the Department encourages eligible agencies to designate section 231 providers to serve as members of Local Boards, consulting with the providers in each local area to determine the local adult education provider who is best able to represent the interests of all providers in the area.

Is the eligible agency represented on "alternative entities" used in local areas in lieu of the Local Workforce Investment Boards established under Title I of WIA?

Section 117(i) of WIA sets out the limited circumstances in which a Governor may choose to use an alternative entity in the local area to carry out the responsibilities of the Local Board, such as a Private Industry Council. 20 CFR §661.330(c) further provides that:

If the membership structure of an alternative entity is significantly changed after December 31, 1997, the entity will no longer be eligible to perform the functions of the Local Board. In such case, the chief elected official(s) must establish a new Local Board which meets all of the criteria of WIA sec. 117(a), (b), and (c) and (h)(1) and (2). A significant change in the membership structure does not mean the filling of a vacancy on the alternative entity, but does include any change in the organization of the alternative entity or in the categories of entities represented on the alternative entity that requires a change to the alternative entity's charter or a similar document that defines the formal organization of the alternative entity.

If an alternative entity is used to perform the functions of a Local Board, the local workforce investment plan must "explain the manner in which the Local Board will ensure an ongoing role for" any category of member that is excluded from membership on the alternative entity (20 CFR §661.330(b)(2)). This requirement would include a role in the local workforce investment system for a representative of the eligible agency or a designated provider or other One-Stop partner programs that are not represented on the alternative entity.

In the preamble to the regulations, the Department of Labor emphasizes that groups that have been omitted from membership on the Local Board must "have periodic regular meaningful opportunities for input into decisions made by the Local Board." (64 Federal Register 72, p. 18668). The Department of Education expects that eligible agencies and designated providers will be consulted and involved in all decisions by alternative boards that might impact adult education and literacy and the coordination of AEFLA with other One-Stop partner programs.

If the eligible agency designates multiple providers in a local area to assume the agency's responsibilities with respect to One Stop participation, are all of these providers required to be members of the Local Board?

No. At least one member of the Local Board must be a representative of the AEFLA program, either a representative of the eligible agency or a section 231 provider designated by the eligible agency. (20 CFR §661.315(a)). Multiple providers may be seated as Local Board members at the discretion of the chief elected official in the local area, but this is not a requirement.

In the event that multiple section 231 providers in the local area have been designated by the eligible agency and the opportunity to serve on the Local Board is not made available to all of these providers, the Department encourages the eligible agency and the providers to agree jointly on a single provider who will be responsible for representing their collective interests in the work of the Local Board.

Can the eligible agency or a designated provider be excluded from membership on a Local Workforce Investment Board because they are also eligible providers of training services under Title I of WIA or have been designated or certified as a One-Stop operator?

No. Section 117(b)(2)(A)(vi) of WIA and 20 CFR §661.315(a) require that the Local Board include at least one member representing each One-Stop partner. The statute and the regulations include provisions that address conflict-of-interest concerns that may arise if the eligible agency or a designated provider is also an eligible provider of training services under WIA Title I or has been designated or certified as a One-Stop operator (sec. 117(g) of WIA; 20 CFR §667.200(a)(4)(i)).

Does the responsibility to make "applicable" core services available through the One-Stop system require an eligible agency or designated provider to provide any new or additional services that they otherwise would not have provided using AEFLA funds?

No. Title I of WIA does not impose an obligation on eligible agencies or designated providers to provide services that are not authorized by AEFLA or that they would not otherwise have provided using AEFLA funds. 20 CFR §66.240(a) clarifies that the core services applicable to a One-Stop partner program are those "that are authorized and provided under the partner's program."

Section 134(d)(2) of WIA delineates a set of core services that must be provided through the One-Stop delivery system to all adults and dislocated workers by each local area that receives assistance under Title I of WIA. Section 121(b)(1)(A)(i) of WIA further requires mandatory One-Stop partners, including the eligible agency that administers AEFLA, to "make available" any of these core services that are "applicable" to their program through the One-Stop delivery system.

This latter provision does not require the eligible agency or a designated provider to provide any new or additional services that they would not have otherwise provided using funds under section 231. Instead, section 121(b)(1)(A)(i) of WIA requires that, if AEFLA funds are used under section 231 to provide a service that is one of the core services identified in section 134(d)(2) of WIA, that service must be made available through the One-Stop delivery system. The purpose of section 121(b)(1)(A)(i) is to ensure that core services provided by One-Stop partners are delivered in a coherent, coordinated manner that facilitates easy access and eliminates unnecessary duplication.

What core services are "applicable" to AEFLA and must be made available by the eligible agency or designated eligible providers through the One-Stop delivery system?

The following core services specified in section 134(d)(2) are "applicable" to AEFLA:

  • the provision of performance and cost information with respect to providers that receive assistance under section 231 of WIA (sec. 134(d)(2)(F); 20 CFR §662.240(b)(6)(iii))

  • initial assessment of skill levels, aptitudes, abilities, and supportive service needs (sec. 134(d)(2)(C); 20 CFR §662.240(b)(3))

  • the provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local area, and referral to such services, as appropriate (sec. 134(d)(2)(H); 20 CFR §662.240(b)(8)).

What performance and cost information must section 132 grantees make available through the One-Stop delivery system?

The eligible agency should ensure that information regarding the "performance" of programs assisted under section 231 and the cost, if any, to individuals of enrolling in these programs is made available through the One-Stop delivery system (WIA sec. 134(d)(2)(F)). The purpose of providing this information is to assist potential clients in identifying an appropriate and effective adult education or literacy program in the local area. To minimize burden on section 231 providers, performance information could consist of the same information the provider reports to the eligible agency concerning the program's success in meeting the State adjusted levels of performance for the core indicators of performance described in section 212(b)(2)(A) of WIA, as well as any additional performance indicators established by the State under section 212(b)(2)(B) of WIA.

The eligible agency should work with the State Board and the Local Board to determine the most appropriate format and means for making this information available through the One-Stop delivery system.

It is important to note that a Local Board may require section 231 providers to provide additional information regarding program performance and cost in order to become eligible to provide training services under WIA Title I.

What are the responsibilities of the eligible agency (or a designated provider) with respect to making available initial assessments of skill levels, aptitudes, abilities, and supportive service needs through the One-Stop delivery system?

The eligible agency must ensure that an initial assessment of basic skill levels and educational needs for the purposes of determining eligibility for, and appropriate placement in, services funded under section 231 is available through the One-Stop delivery system in each local area. The eligible agency or a designated provider has the flexibility to determine, in consultation with the Local Board and other One-Stop partners, the nature and extent of the assessment, as well as the particular instrument or strategy that is used. Assessments could be carried out through oral interviews, self-identification, instruments such as the Comprehensive Adult Student Assessment System (CASAS) English-as-a-Second Language Appraisal or Test of Adult Basic Education (TABE) Locator,1 or other means. It may or may not include more exhaustive assessments that are typically conducted following enrollment in a program, depending upon the how the eligible agency or designated provider chooses to configure and deliver services.

WIA and its implementing regulations articulate a "no wrong door" approach to the delivery of education and workforce development services (64 Federal Register 72, p. 18669). Generally, the type of assessment that is made available at the comprehensive One-Stop center should be comparable to the type of assessment that is used by a provider during initial intake when an individual presents him or herself at the program site.

It is important to note that AEFLA is not the only One-Stop partner program in which initial assessments of basic skills are typically carried out during intake. Comparable assessments may also be carried out under the WIA Title I programs for youth and adults, the Welfare-to-Work program, Title I of the Rehabilitation Act, the Temporary Assistance to Needy Families (TANF) program, Native American programs authorized by section 166 of WIA, the Migrant and Seasonal Farmworker programs authorized by section 167, and other Federal programs participating in the One-Stop delivery system. One of the benefits of the One-Stop delivery system is that it enables multiple programs to collaborate on service strategies that will address each program's specific needs and purposes.

However, AEFLA is not the exclusive or presumptive provider of basic skills assessment services at the comprehensive center. Instead, the responsibility of the eligible agency for providing applicable core services "must be proportionate to the use of the services at the comprehensive One-Stop center by the individuals attributable to "the program assisted with section 132 funds (20 CFR §662.250(c)). Thus, for example, the eligible agency would not be responsible for the cost of an assessment if the individual who was assessed was not considered "attributable" to the AEFLA program under the terms of the MOU. Other related considerations, such as the level or intensity of services that are provided to attributable individuals, might also be considered in applying this principle of proportionality. The method for determining the eligible agency's proportionate responsibility must be described in the MOU.

What are the responsibilities of the eligible agency (or a designated provider) with respect to making available through the One-Stop delivery system information relating to the availability of supportive services and referral to such services, as appropriate?

One of the core services identified in section 134(d)(2)(B) of WIA is the "provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local area, and referral to such services, as appropriate." While providing information concerning the availability of supportive services can facilitate enrollment and contribute to retention, this information may not be offered by all providers receiving assistance under section 231 of WIA. If this information is provided by one or more section 231 providers within a local area during initial intake, this information should be made available through the One-Stop delivery system.

What does the requirement to "make available" applicable core services through the One-Stop delivery system entail? Where and to what extent must applicable core services be made available?

Each local area must provide the core services specified in section 134(d)(2) of WIA at "at least one comprehensive physical center" in the local area (20 CFR §662.100(c)). Applicable core services provided by One-Stop partners must be "made available" at this comprehensive One-Stop center "to individuals attributable to the partner's program" (20 CFR §662.250(a)).

The regulations provide One-Stop partners and the Local Board the flexibility to determine the most appropriate means of providing applicable core services at the comprehensive One-Stop center. Applicable core services "may be made available by the provision of appropriate technology at the comprehensive One-Stop center, by co-locating personnel at the center, cross-training of staff, through cost-reimbursement or other agreement between service providers at the comprehensive One-Stop center" (20 CFR §662.250(b)). The manner in which applicable core services will be made available at the center must be described in the MOU.

For example, initial skill assessments may be provided directly at the comprehensive center through technology or by the staff of a provider receiving assistance under section 231, or funds or in-kind services may be provided to the One-Stop operator or other One-Stop partners located at the center to enable this activity to be carried out.

Must applicable core services be provided exclusively at the comprehensive One-Stop center, rather than at the program site?

No. At a minimum, the service must be made available at the comprehensive center. Applicable core services, such as assessment, may also be provided at the program site or other locations as the eligible agency or a designated provider deems appropriate. WIA Title I does not require that the comprehensive center be the exclusive service delivery site for applicable core services provided by One-Stop partners.

What other considerations must be taken into account in fulfilling the responsibility to provide applicable core services through the One-Stop delivery system?

Many of the core services specified in section 134(d)(2) of WIA are currently provided in local areas by the Employment Service as labor exchange services funded under the Wagner-Peyser Act. 20 CFR §662.250(a) clarifies that the minimum responsibility of One-Stop partner programs to provide applicable core services is limited to core services that are "in addition to the basic labor exchange services traditionally provided in the local area under the Wagner-Peyser program." The preamble to the regulations further explains that "[w]hile a partner would not, for example, be required to duplicate an assessment provided under the Wagner-Peyser Act, the partner would be expected to be responsible for any needed assessment that includes additional elements specifically tailored to participants under the partner's program" (64 Federal Register 72, p. 18669).

What services in addition to applicable core services must be made available by the eligible agency through the One-Stop delivery system?

In addition to providing applicable core services through the One-Stop delivery system, the eligible agency must also ensure that "access" is provided through the One-Stop delivery system to other services and activities that are carried out with funds under section 231 (20 CFR §662.260). The means by which access to these services will be provided must be described in the MOU.

What is the responsibility of the eligible agency for contributing to the costs of creating and maintaining the One-Stop system?

As a required One-Stop partner, the eligible agency must ensure that a portion of the funds made available under section 231 is used, by providing services or through other means, to "create and maintain the One-Stop delivery system" (20 CFR §662.230(b)(1)). The funds or services that are contributed to creating and maintaining the One-Stop delivery system in the local area are negotiated with the Local Board as part of the MOU.

Decision-making and negotiation with respect to this contribution must take into account the following factors:

  • Proportionality. The contribution must be "proportionate to the use of the system by individuals attributable to" the partner's program (20 CFR §662.270). The method of attributing individuals to a partner program is negotiated as part of the MOU (§662.250(c)). Other related considerations, such as how the system is used by attributable individuals, including the level or intensity of services that are provided to them, might also be considered in applying this principle of proportionality. Another issue that may be addressed is how the principle of proportionality will be applied in cases in which individuals enroll or participate in multiple One-Stop partner programs.

  • Limitations on Local Administrative Costs under AEFLA. Contributions to the operating costs of the One-Stop delivery system, such as the rental costs of facilities used by administrative staff, are presumptively administrative costs under AEFLA, as defined by section 233(a)(2) of WIA. The amount of federal funds available under section 231 for noninstructional purposes is limited to 5%, but may be negotiated with the State eligible agency to a higher level at the request of an eligible provider under section 231 (sec. 233(b)).

  • Costs of other Administrative Responsibilities under AEFLA. Section 231 providers have other administrative responsibilities under AEFLA and must retain sufficient funds from federal or non-federal sources to fulfill these responsibilities.

  • Allowable Costs under AEFLA. Grantees may only contribute toward costs that are allowable costs under AEFLA and Department of Education regulations for State-administered programs (34 CFR Part 76). 34 CFR §76.533, for example, prohibits the use of funds "for the acquisition of real property or for construction unless specifically permitted by the authorizing statute" for the program. AEFLA does not authorize the use of funds for the acquisition of real property or for construction.

The eligible agency or a designated provider and the Local Board may determine the amount, and manner, of the contribution within these parameters. Contributions may be made directly through a transfer of funds or provided on an in-kind basis.

How does AEFLA's prohibition against supplanting non-Federal funds relate to the eligible agency's responsibility to participate in the One-Stop delivery system?

Section 241(a) of WIA requires that funds made available under AEFLA be used to supplement, and not supplant, other State or local public funds expended for adult education and literacy activities. This requirement applies to any expenditure of funds by the eligible agency or a designated provider related to its participation in the One-Stop delivery system, including the provision of applicable core services and contributions to operating costs. None of these expenditures may supplant State or local funds that have previously been used by the grantee, another One-Stop partner, or other component of the One-Stop delivery system for a similar purpose.

For example, if the eligible agency or a designated provider used funds under AEFLA to provide services that the agency or provider or another One-Stop partner had provided with non-Federal funds in the prior year(s), it would be presumed that supplanting has occurred. This presumption is refutable if the eligible agency or designated provider can demonstrate that the services in question would not have been provided with non-Federal funds had the Federal funds not been available.

What are some examples of administrative strategies that an eligible agency may take to fulfill the One-Stop responsibilities established by Title I of WIA?

The Interim Final Regulations for Title I of WIA invest the eligible agency with the responsibility to fulfill the One-Stop participation requirements in order to give the eligible agency flexibility to devise the most appropriate and effective means of ensuring that services funded under section 231 are accessible through the One-Stop delivery system. The adult education and literacy system is extraordinarily diverse; strategies that may be effective in one State may be less successful in another. The eligible agency has the flexibility to develop a strategy for fulfilling the One-Stop participation requirements that best addresses the needs, characteristics, and priorities of the adult education and literacy system within its State.

One strategy is to delegate all or most of the decision-making and responsibilities to the local level. Under this approach, the eligible agency would designate all providers receiving assistance under section 231 to carry out the One-Stop participation requirements and their associated responsibilities. Each provider would negotiate the terms of the MOU with the Local Board and provide for applicable core services and the costs of creating and maintaining the One-Stop system using funds awarded under section 231. The eligible agency would retain responsibility for oversight and monitoring and could issue guidelines and model MOUs to facilitate this process at the local level.

Another approach is to retain all or most of the responsibilities at the State level. The eligible agency would choose to negotiate the terms of the MOU with each Local Board, using a single MOU or multiple MOUs that are tailored to address specific issues within each community. The terms of the MOU would be specified in the grants or contracts awarded to each provider in the local area served by the Local Board. To the extent that the eligible agency determines that funds should be transferred to the One-Stop operator or another entity to carry out the terms of the MOU, these funds would be allocated from the funds awarded under section 231 to providers within the local area served by the Local Board.

These are only two possible options available to eligible agencies. The One-Stop participation requirements may be fulfilled through a variety of different approaches.

What are the consequences if the eligible agency or a designated provider is unable to execute an MOU with the Local Board?

Although the One-Stop participation requirements are set out in Title I of WIA, they have the same force and effect as any requirement established for AEFLA in Title II of WIA. The eligible agency has the same responsibility to fulfill the WIA Title I One-Stop requirements as they do to fulfill requirements established under AEFLA.

20 CFR §662.310(b) requires that the eligible agency or a designated provider and the Local Board "enter into good faith negotiations" to execute an MOU that meets the requirements of Title I of WIA. The eligible agency or designated provider must document the negotiations and the efforts they have undertaken to execute an MOU. In the event that an impasse in negotiations develops, a designated provider may request assistance from the eligible agency in resolving the impasse. A designated provider must inform the eligible agency if it has not been able to execute an MOU with the Local Board (20 CFR §662.310(b)). The eligible agency or a designated provider may not serve on the Local Board if it has failed to execute an MOU (20 CFR §662.310(c)). Any local area in which the Local Board has failed to execute an MOU with all required partners is not eligible for WIA Title I State incentive grants awarded on the basis of local coordination of activities under 20 CFR §665.200(d)(2) (20 CFR §662.310(c)).

When must an eligible agency begin participating in the One-Stop delivery system established by WIA Title I?

The eligible agency must begin participating in the One-Stop delivery system on the date that the State implements the applicable provisions of its State Workforce Investment Plan under WIA Title I. The Job Training Partnership Act (JTPA) is repealed effective July 1, 2000 (sec. 199(c)(2)(B) of WIA) and States must transition to WIA Title I by no later than this date (Planning Guidance and Instructions for Submission of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act, OMB Control #1205-0398, p. 11). States planning to implement WIA Title I beginning on July 1, 1999 were required to submit their State Plans to the Department of Labor by April 1, 1999. States planning to implement WIA Title I between July 1, 1999 and July 1, 2000 are permitted to submit their State Plans to the Department of Labor at any time, but no later than April 1, 2000 (Planning Guidance and Instructions for Submission of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act, OMB Control #1205-0398, p. 12).

Do WIA Title I and the implementing regulations establish information collection requirements that are subject to the Paperwork Reduction Act of 1995?

Yes. The Department of Labor has submitted a copy of the sections of the WIA Title I regulations that contain information collection requirements to the Office of Management and Budget (OMB) for its review. As stated in the Interim Final Regulations for WIA Title I, "[a]ffected parties do not have to comply with the information collection requirements established in the regulations until DOL [Department of Labor] publishes in the Federal Register control numbers assigned by OMB. Publication of the control numbers notifies the public that OMB has approved this information collection requirement under the Paperwork Reduction Act of 1995" (64 Federal Register 72, p. 18662). This memorandum does not impose additional information collection requirements.


 
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Last Modified: 08/14/2006