WIOA state plan requirements for 2024–2027

CLASSIFICATION
    EMPLOYMENT AND TRAINING ADMINISTRATION                           WIOA State Plans
                ADVISORY SYSTEM                                      CORRESPONDENCE SYMBOL
           U.S. DEPARTMENT OF LABOR                                  OWI
              Washington, D.C. 20210                                 DATE
                                                                     October 31, 2023

ADVISORY:           TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 04-23

TO:                 STATE WORKFORCE AGENCIES
                    STATE WORKFORCE ADMINISTRATORS
                    STATE WORKFORCE LIAISONS
                    STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                    AMERICAN JOB CENTER DIRECTORS
                    STATE LABOR MARKET INFORMATION DIRECTORS
                    STATE APPRENTICESHIP AGENCIES
                    STATE DIRECTORS OF THE OFFICE OF APPRENTICESHIP
                    STATE AND LOCAL STAKEHOLDERS IN THE WORKFORCE
                    INNOVATION AND OPPORTUNITY ACT
                    STATE MONITOR ADVOCATES

FROM:               BRENT PARTON
                    Principal Deputy Assistant Secretary

SUBJECT:            Requirements for Workforce Innovation and Opportunity Act (WIOA) State
                    Plans for Program Years (PY) 2024 - 2027

1. Purpose. This Training and Employment Guidance Letter (TEGL) conveys to states1 the
   Administration’s priorities, State Plan requirements, submission process, and deadline for
   WIOA Unified and Combined State Plans (State Plans) for PY 2024 through 2027, consistent
   with WIOA Sections 102 and 103.

2. Action Requested. In accordance with sections 102(c)(l)(B) and 103(b)(l) of WIOA, its
   implementing regulations, and the State Plan information collection request (ICR), WIOA
   Required Elements for Submission of the Unified or Combined State Plan and Plan
   Modifications under the Workforce Innovation and Opportunity Act approved under Office
   of Management and Budget (OMB) control number 1205-0522, each state's governor must
   submit a Unified or Combined State Plan, including the common elements and program-
   specific portions of each plan, for the four-year period covering PYs 2024-2027 by March 4,

1
 For purposes of the Unified or Combined State Plans, the term “State” refers to the 50 States, the District of
Columbia, Puerto Rico, American Samoa, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and, as
appropriate for certain programs, the Republic of Palau (20 CFR § 676.105(e), 34 CFR §§ 361.105(e) and
463.105(e)).

    RESCISSIONS                                                        EXPIRATION DATE
    None                                                               Continuing

    2024,2 using the online portal described in Section 4.d. of this guidance. The Unified or
    Combined State Plan covering the six core programs of the workforce development system
    will be considered approved 90 days after the date the Plan is submitted, unless the
    Secretaries of Labor and Education inform the State in writing within that time period that
    the Plan is inconsistent with the State Plan requirements or the provisions authorizing the
    core programs, as appropriate (Sections 102(c)(2)(B) and 103(c)(3)(A) of (WIOA)).

3. Summary and Background.

    a. Summary – This joint guidance describes the WIOA planning requirements, priorities,
       submission deadlines, and procedures for the required four-year State Plan. This
       guidance also describes several changes to the OMB-approved ICR that will impact PY
       2024 State Plans.

    b. Background – WIOA requires the governor of each state to submit a Unified or
       Combined State Plan that includes a four-year strategy and operational plan for the
       continuing implementation of the state’s workforce development system, with an update
       after two years.3 States must have federally approved State Plans to receive funding
       under the six core programs, pursuant to Section 102(a) of WIOA.4 All states currently
       have approved WIOA State Plans for PY 2020-2023.

        Under WIOA, the Unified and Combined State Plans communicate the state’s vision for
        the state workforce development system. WIOA planning requirements aim to foster
        better alignment of federal investments across job training and education programs, in
        order to coordinate service delivery across programs for shared customers, improve
        efficiency, and ensure that the workforce system connects individuals with high-quality
        job opportunities and employers. Cross-program planning promotes a shared
        understanding of the workforce needs within each state. Such planning cultivates the
        development of more comprehensive approaches, such as worker-centered, industry-
        driven career pathways and worker-centered sector strategies, for addressing the needs of
        employers and workers, especially those workers who are often underserved, including
        youth, adults who are basic skills deficient, English-language learners and immigrants,
        individuals with disabilities, individuals who are justice-involved, women, and workers
        of color. Additionally, cross-program planning enables the workforce system to provide
        a wider range of collaborative, coordinated, and streamlined services to shared customers,
        including pre-employment transition services to students with disabilities, and
        methodologies for providing shared services to customers, such as through co-enrollment.

2 The deadline for submission is consistent with that established by section 102(c)(1)(B) of WIOA. See also 20
CFR. § 676.130(a) and 34 CFR. §§ 361.130(a) and 463.130(a).
3 See Section 102(b) and (c)(3) of WIOA.
4 The six core programs are the Adult, Dislocated Worker, and Youth programs, authorized under title I and
administered by the U.S. Department of Labor (DOL); the Adult Education and Family Literacy Act (AEFLA)
program, authorized under title II of WIOA and administered by the U.S. Department of Education (ED); the
Employment Service program of the Wagner-Peyser Act, as amended by title III of WIOA (Wagner-Peyser Act
Employment Service program) and administered by DOL; and the State Vocational Rehabilitation (VR) program,
authorized under title I of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by title IV of WIOA and
administered by ED.

      Governors and State workforce development boards are encouraged to use the 2024
      WIOA state planning process to reshape education and workforce development service
      delivery to take advantage of historic federal investments made possible through the
      Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law
      (BIL), the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science
      Act, and the Inflation Reduction Act (IRA) (collectively referred to as Investing in
      America (IIA)). The majority of the jobs created through these investments will involve
      occupations that require some type of postsecondary credential. The programs
      incorporated into WIOA State Plans are well-positioned to assist workers in accessing
      good jobs created by these IIA investments and businesses to find the workers they need
      to flourish. Further, WIOA state planning affords state boards an opportunity to refresh
      and forge new partnerships with key stakeholders from P-12, career and technical
      education, higher education, economic development, state and regional transportation and
      energy agencies, community-based organizations, Registered Apprenticeship Program
      sponsors, and the business community to ensure that WIOA investments connect
      individuals to quality jobs and provide genuine pathways to the middle class. Such
      partnerships often require creativity and flexibility, and WIOA funding can often be
      leveraged to support the activities of such partnerships. The Departments are available to
      provide technical assistance regarding allowable uses of federal program funds to support
      state strategies. The Departments acknowledge that several states have partnered with
      state and local agencies to develop and implement various community projects with BIL
      funding. The Departments encourage these states to incorporate the various partnerships
      as part of their State Plan strategic efforts.

      The Departments envision the state planning process as a valuable opportunity to
      consider the full flexibility of WIOA in serving the education and workforce needs of
      states. The Departments urge states to focus on building, fostering, and executing a
      sustainable and strategic education and workforce vision. The Departments are available
      to advise where program funds can support state strategies and provide examples of
      flexibilities and partnership-growing uses of WIOA funds on the Yes, WIOA Can!
      website. The examples found on this website are illustrative and states and locals are
      encouraged to work with their federal program officer if interested in implementing the
      examples.

4. Content.

      a. WIOA Planning Priorities.

        i.    Leveraging historic infrastructure investments. As mentioned in the Summary
              and Background, three landmark pieces of legislation (BIL, CHIPS, and IRA)
              signed by President Biden present an opportunity to transform the lives of
              American workers and create an abundance of new, high-quality jobs. While a
              portion of these investments flow directly to the public workforce system, WIOA
              state planning provides governors, state boards, and state workforce, education,
              and human service agencies a tremendous opportunity to take a systems-level

                  approach to coordinate around shared goals and foster new partnerships (for
                  example, with state transportation and energy agencies) to leverage these
                  investments. For specific examples of how the public workforce system fits in to
                  these investments and suggested roles for the state and local boards in the BIL,
                  CHIPS and IRA investments, please see National Governors Association (NGA)
                  Toolkit for State Workforce Development Policymakers. The examples found on
                  this website are illustrative and states and locals are encouraged to work with their
                  federal program officer if interested in implementing the examples. These laws
                  are summarized below:

                  (1) Infrastructure Investment and Jobs Act, known as the Bipartisan
                  Infrastructure Law (BIL)

                  The BIL provides a $1.2 trillion investment to expand access to high-speed
                  internet, improve public transit, and enable construction projects on America’s
                  roads, bridges, and waterways. While there is not a statutory role for the public
                  workforce system in the BIL, there are multiple opportunities for state workforce
                  development policymakers to assume a proactive role in implementation.5 The
                  BIL allows states to expend funds from surface transportation programs on key
                  workforce development activities, includes formula and competitive programs
                  through which states may invest in workforce development, and encourages states
                  to undertake long-term planning for their infrastructure workforce needs. For
                  example, states can utilize new allowable uses of the Fixing America’s Surface
                  Transportation Act (FAST Act) to support pre-apprenticeship and Registered
                  Apprenticeship expansion efforts.

                  Section 25019 of the BIL gives state and local policymakers the opportunity to
                  take advantage of “local hire” requirements (which may or may not be included in
                  project labor agreements) to leverage grant funding available through BIL to
                  reinvest in underserved communities. Under these provisions, a BIL grantee or
                  sub-grantee may require a certain percentage of labor to come from local, often
                  underserved, communities. State and local boards are uniquely positioned to
                  identify eligible workers and connect them to BIL-funded training opportunities.
                  The Departments strongly encourage state and local boards to provide partner
                  agencies with qualified candidates – including from underserved communities –

5
  Pursuant to Section 70914 of the Build America, Buy America Act (BABAA), title IX of the Infrastructure
Investment and Jobs Act (P.L. 117-58), certain programs, including the VR program, must comply with the
following BABAA domestic sourcing requirements when using federal funds for construction, including remodeling
and broadband infrastructure: (1) all iron and steel used in the infrastructure project or activity are produced in the
United States; (2) all manufactured products used in the infrastructure project or activity are produced in the United
States; and (3) all construction materials are manufactured in the United States. The other five core programs (Adult,
Dislocated Worker, Youth, AEFLA, and the Wagner-Peyser Act Employment Service programs) must satisfy the Buy
American Act requirements pursuant to section 502(a) of WIOA.

to satisfy local hire requirements, and to support youth in preparing for these jobs
which will continue to be in demand for several years.

The BIL’s $65 billion historic investment in broadband infrastructure deployment
aims to promote digital inclusion and advance equity by ensuring access to
reliable, affordable, high-speed internet. States are encouraged to consider how to
leverage these investments, target them to communities most in need, implement
digital equity plans, and connect underserved communities to good jobs created
through these investments. Additionally, the Digital Equity Act provides $2.75
billion to establish three grant programs that promote digital equity and inclusion
and may support such efforts.

(2) Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science
Act

The CHIPS and Science Act provides approximately $52.7 billion to increase
semiconductor production in the United States. The CHIPS for America Fund
includes $39 billion in incentives for employers to increase semiconductor
production and $11 billion for research and development. The Department of
Commerce (DOC) will manage a competitive grant program to fund
semiconductor research and development activities for eligible private, non-profit
and consortia applicants. Significantly, successful applicants will need to obtain
commitments from institutions of higher education and training entities to provide
workforce training for economically disadvantaged individuals residing in
communities underrepresented in the industry, and also create an opportunity for
state and local boards to identify and convene partners.

(3) Inflation Reduction Act (IRA)

The IRA's $369 billion investment to fight the climate crisis reinforces the
Administration's commitment to families, equity, and environmental justice. The
IRA will help improve job quality in clean energy industries and incentivize the
expansion of workforce training pathways into these jobs, which will help lift
many people into the middle class, particularly workers who have been
historically underrepresented in these industries, and invest in communities that
have been historically underserved. The law includes targeted labor and
workforce development standards—primarily prevailing wage and Registered
Apprenticeship targets—as well as significant investments in manufacturing and
domestic content requirements for electric vehicles. State and local boards should
assess how IRA investments may expand the manufacturing and clean energy
industry sectors in their region and develop a plan for sector-based strategies that
incorporate meaningful career pathways into those newly created or expanded
jobs for today’s workers and for youth entering their first jobs.

The workforce opportunities presented by these investments are summarized in
documents such as Bipartisan Infrastructure Law State Fact Sheets, a guide titled

                    Advancing Equitable Workforce Development for Infrastructure Jobs published
                    by the White House, ETA’s Training and Employment Notice No. 08-22,
                    Building Pathways to Infrastructure Careers: Framework for Preparing an
                    Infrastructure Workforce, and in reports by the National Governors Association
                    such as A Toolkit for State Workforce Development Policymakers.

               ii. Investments that prepare workers for quality jobs. Strengthening economic
                   self-sufficiency hinges on the ability of individuals to obtain good jobs that
                   provide family-sustaining wages and advancement opportunities. Evidence-based
                   workforce development models such as career pathways, Registered
                   Apprenticeships, and worker-centered sector strategies including labor
                   management partnership training programs, when appropriately designed and
                   implemented, can increase availability of good jobs,6 and help to close equity
                   gaps. The workforce system can design services and develop sector partnerships
                   with employers, educators, labor organizations, and community partners to create
                   good jobs and well-defined career pathways starting from entry-level positions.
                   Any industry sector can benefit from a focus on good jobs, ranging from the care
                   sector that is critical to a thriving workforce or the advanced manufacturing jobs
                   critical to the jobs of the future. Different programs might play different roles in
                   preparing a job seeker for a good job, e.g., career guidance that incorporates
                   information about benefits; adult education and literacy programs that support
                   workers moving along career pathways; strong reemployment connections
                   between unemployment insurance and workforce development programs to
                   maximize workers’ abilities to maintain income and benefit levels; career and
                   technical education programs that provide skills and credentials for obtaining
                   good jobs; and vocational rehabilitation (VR) programs that support access to and
                   support in quality competitive integrated employment outcomes for individuals
                   with significant disabilities. For additional information on maximizing services
                   and the use of funds to support quality employment outcomes for individuals with
                   disabilities through the VR program, see RSA-TAC-23-03.

                    Through the state planning process, states can create a holistic framework to
                    better define good jobs and ensure that job quality is a top priority for both
                    employers and job seekers. A good jobs framework should reflect the eight
                    principles identified by DOL and DOC and provide both employers and job
                    seekers with standards for evaluating quality. For additional information on the
                    principles and actionable steps to improve job quality, see TEGL No. 07-22.

              iii. Data-driven decisions. When states last submitted their State Plan modifications
                   in March 2022, the COVID-19 pandemic and its disruptions to the global and
                   local economies were subsiding, but still very much present. In developing and
                   submitting the State Plan and its modification for PYs 2024 through 2027, states
                   must assess economic and labor market information (LMI) and adjust strategies
                   for what may now be a different set of growing versus declining industries,
                   occupations, in-demand skills and credentials. LMI informs both immediate
6
    See definitions of good jobs at https://www.dol.gov/general/good-jobs/principles

                 response and ongoing recovery efforts in a dynamic economic environment. State
                 planners must work closely with the LMI directors7 in their states to understand
                 the current and emergent workforce needs of their economies. Furthermore,
                 states’ LMI analyses must assess disparities in labor market outcomes among
                 various populations8 and should plan how best to adapt and adjust their workforce
                 goals and strategic focus for underserved populations and those communities with
                 disproportionately higher unemployment and underemployment rates and lower
                 earnings.

                 The Departments encourage states to use longitudinal data systems and compare
                 and share data and LMI across agencies, regardless of inclusion in the WIOA
                 State Plan, to support data-informed decisions. For example, such data analysis
                 could support Perkins V career technical education programs in carrying out
                 comprehensive local needs assessments9 or in identifying which infrastructure
                 occupations are most likely to provide opportunities for individuals who are
                 justice-involved.

                 The Departments also encourage States to explore research studies (such as those
                 conducted by the Departments themselves) that include analysis of not only
                 quantitative but also qualitative data. Such studies can provide critical details
                 related to the design and delivery of services to individuals with different needs
                 and preferences, and thus help assure that any new approaches will result in
                 participants being well prepared for, and able to obtain, good jobs in various
                 industries.

           iv.   Investing In Youth. The Departments continue to envision a no-wrong-door
                 youth workforce system that offers seamless access to resources, programs, and
                 wraparound services; offers paid work experiences for young people; and
                 coordinates with critical WIOA core partners as well as with employers, sector-
                 based industry coalitions, workforce intermediaries, labor unions and worker
                 organizations, secondary and post-secondary education institutions, Registered
                 Apprenticeship Program sponsors, pre-apprenticeship programs, community
                 based organizations, and philanthropy to advance a shared commitment to high
                 quality career pathways for young workers.

                 WIOA encourages further alignment and coordination, as appropriate, between
                 the Title I Youth program, Job Corps centers across the nation, Title II AEFLA
                 program, and Title IV VR program through the provision of pre-employment

7
  A list of all LMI Directors is available at https://www.bls.gov/bls/ofolist.htm.
8
  WIOA Section 102(b)(1)(B) and Workforce Innovation and Opportunity Act (WIOA) Unified and Combined State
Plan Requirements (OMB control # 1205-0522), Section II(a)(1)(B).
9
  Perkins V is the Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening
Career and Technical Education for the 21st Century Act. Section 135(c) requires comprehensive local needs
assessments.

                  transition services10 to students with disabilities, who could be co-enrolled in
                  programs and served by program staff who are co-located in one American Job
                  Center, thereby providing seamless services. Additionally, all six WIOA core
                  programs and career and technical education programs supported by Perkins V
                  can work together with employers to arrange unique work-based learning
                  opportunities, especially for in-school youth. When strategically aligned, these
                  funding sources increase the capacity of programs to support innovative education
                  and employment strategies, like career pathways, and can help young adults meet
                  their employment and educational goals. States and local areas can leverage
                  resources across Title I Youth, Title II AEFLA, Title IV VR, and workforce
                  development community partners to ensure seamless services for youth, such as
                  through co-location of different titles of WIOA or partner programs, co-
                  enrollment strategies, and the provision of pre-employment transition services
                  under the VR program. Additionally, WIOA places heightened emphasis on
                  coordination and collaboration at the federal, state, and local levels among these
                  programs to ensure a streamlined and coordinated service delivery system for
                  youth with barriers to employment, including youth with disabilities. Through
                  this State Plan process, state and local workforce development boards, VR
                  agencies, and educational agencies should coordinate and complement agency-
                  specific services with each other, as well as other systems that serve students with
                  disabilities, such as state Medicaid/Medicare agencies, Centers for Independent
                  Living, and Intellectual and Developmental Disabilities (I/DD) agencies.

            v.    Equity in service delivery and educational programming. States should examine
                  population groups, particularly those identified in the LMI analysis as having
                  higher unemployment and lower earnings than the overall population, and explore
                  existing inequities with access to and participation in public workforce and
                  education programs, and outcomes in terms of employment and earnings, and
                  placement in quality jobs11. States and local areas should examine, where data are
                  available, which communities and neighborhoods were particularly economically
                  impacted during the pandemic and its aftermath in order to focus resources and
                  referral networks for maximum impact. States and local areas also should focus
                  on communities and neighborhoods that have experienced inequities even prior to
                  the pandemic. The Departments encourage states to demonstrate how they will
                  develop education, training, and career service strategies that better address and
                  promote equity in recruitment, service design, implementation, and support
                  services to improve access and outcomes for individuals in such communities.
                  State workforce policymakers can adopt mechanisms that allow seamless
                  transitions and alignment among programs, including programs that support low-
                  income job seekers, such as recipients of Temporary Assistance for Needy

10
   Pursuant to section 113(a) of the Rehabilitation Act, the VR agency must provide or arrange for the provision of
pre-employment transition services to students with disabilities in the State who are eligible or potentially eligible
for the VR program. By arranging the provision of these services with the title I Youth and title II AEFLA
programs, the pre-employment transition services will be seamless to students with disabilities in the States.
11
   See Executive Order 13985, Federal Register: Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.

     Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and those
     supporting individuals with disabilities such as state mental health or Medicaid
     services. Mechanisms should prioritize supports and services for individuals from
     underserved communities, and thus open up good jobs for workers often left out
     of economic growth and opportunity, while promoting economic stability. This
     includes supporting educators to leverage technology for innovative and
     personalized instruction and increasing access to internet and devices for students
     and families. Nimble, modularized, innovative, and personalized services—
     including better leveraging technology for synchronous and asynchronous
     program delivery—can provide flexibility and adaptability to workers and
     learners, increasing equitable engagement in services and meeting their needs
     while they are balancing competing commitments and schedule challenges.

vi. Enhance supportive service offerings. Services that assist individuals begin work,
    return to work, retain work, and advance at work not only include education,
    training, and employment services, but also include services that support
    individuals’ personal, and family needs and reduce barriers to work. Some of the
    most successful workforce training programs have incorporated supportive
    services, and programs like VR have long incorporated supportive services in
    their program models. WIOA State Plans require discussions of how supportive
    services are made available to participants, and the state planning process is an
    opportunity to reimagine how supportive services can change job seekers and
    learners’ career trajectories into high-paying good jobs. States should continue to
    partner with state and local entities, such as community-based organizations or
    social and health agencies, that have deep roots in underserved communities,
    since they are key to improving outreach and support for an equitable recovery,
    assisting with access to transportation, referrals to physical and mental health
    assistance, substance misuse, housing assistance, child and dependent care, and
    income supports such as Unemployment Insurance (UI), TANF, and SNAP.
    Supportive services are essential to ensure that youth and adults can stay engaged
    in program offerings and reach their educational and employment goals; they are
    particularly critical for those impacted by the justice and child welfare systems,
    individuals with disabilities, individuals without housing, or those with limited
    English proficiency. Partnerships with community-based organizations with deep
    roots in underserved communities are key to improve outreach and supports for an
    equitable recovery.

vii. Strategic partnering. Strategic partners can play an essential role in refocusing
     State Plans to address local, regional, and state-specific challenges and solutions,
     including strategies to improve job quality, elevate worker voice, and close equity
     gaps. For instance, workforce board leaders are uniquely positioned to convene
     all the stakeholders of a workforce development system to align resources and
     efforts that lead to quality results for businesses and career seekers. Strategic
     partnering includes bringing together stakeholders such as employer/industry
     associations, unions, labor councils and labor-management partnerships,
     departments of education pre-apprenticeship and Registered Apprenticeship

                   Program sponsors, community colleges and education and training providers,
                   institutions of higher education, community-based organizations, and various
                   ETA competitive grantees, to design and articulate a vision for the short and long-
                   term, such as through their State Plans.

           b. Planning Requirements. States must use the ICR Required Elements for Submission
              of the Unified or Combined State Plan and Plan Modifications under the Workforce
              Innovation and Opportunity Act (OMB control number 1205-0522) to develop and
              submit the WIOA Unified or Combined State Plan and the two-year modification. A
              copy of the ICR, which complies with statutory requirements set forth in, as
              appropriate, Sections 102 and 103 of WIOA, is available at
              https://www.dol.gov/sites/dolgov/files/ETA/wioa/pdfs/OMB%20approved%20State
              %20Plan%20ICR_1205-0522_5_4_2023.docx. A copy of these requirements is also
              available through the State Plan Portal, developed specifically for the required
              electronic submission.

               The Departments also wish to remind states that several changes have been made to
               the WIOA State Plan ICR. Broadly, the Departments updated the ICR to--
               • Clarify and refine several existing requirements across all program sections of the
                   ICR and some requirements related to the AEFLA program-specific section;
               • Consolidate several data elements into fewer elements, particularly in the VR
                   services portion of the State Plan section;
               • Add three new requirements related to cross-program activities under WIOA Title
                   I programs and the Trade Adjustment Assistance program;
               • Replace some requirements for the WIOA Title I youth program with
                   requirements more relevant to current program implementation; and
               • Add an assurance for the Wagner-Peyser Act Employment Service program.

           c. Stakeholder Collaboration and Comment. Stakeholder collaboration, review, and
              comment are key requirements of the four-year planning process. State boards are
              responsible for assisting the governor in the development, implementation, and
              modification of the State Plan and for convening all relevant programs, required
              partners, and stakeholders to contribute to the State Plan. The Departments
              encourage inclusion of the state LMI and evaluation offices (or their equivalent)
              during plan development and modification to obtain assistance with labor market
              data, relevant evaluations, existing research, and analysis. Such evidence-informed
              planning can be strengthened by direct communication with the state agencies
              responsible for implementing BIL investments, such as state departments of
              transportation. The State Plan must be developed with the assistance of the state
              board, as required by Section 101(d) of WIOA, and in coordination with
              administrators that have optimal policymaking authority for the core programs and
              required one-stop partner programs. For Combined State Plans, the portions of the
              plan that cover partner programs are subject to any public comment requirements
              applicable to those partner programs.12 Strong planning also includes engagement of

12
     See 20 CFR § 676.143(c)(3) and 34 CFR §§ 361.143(c)(3) and 463.143(c)(3).

             communities impacted by the activities named in WIOA State Plans. States must
             provide the opportunity for public comment and input, which allows interested
             stakeholders to participate actively, effectively, and transparently in the development
             of the State Plan and the modification, including via accessible means for individuals
             with disabilities. The governor may seek public comment from any targeted
             stakeholder, such as Registered Apprenticeship Program sponsors, and must ensure
             that the State Plan is developed with an opportunity for public comment from
             representatives of--

             •   local boards and chief elected officials;
             •   businesses;
             •   labor organizations;
             •   community-based organizations;
             •   adult education providers;
             •   institutions of higher education;
             •   other stakeholders with an interest in the services provided by the six core
                 programs; and
             •   the general public, including individuals with disabilities.13

             The state board also must make information regarding the State Plan and planning
             process available to the public, which may include program participants, through
             electronic and accessible means and by holding regularly occurring open meetings in
             accordance with state law prior to the submission of the State Plan.14

        d. Instructions for State Plan Submission. States must submit their State Plan,
           including the common elements and program-specific portions, via the State Plan
           Portal (https://wioaplans.ed.gov), which has been developed for cross-program
           collaboration in states and to facilitate the simultaneous receipt and review of plans
           across multiple federal agencies. While multiple individuals in states may enter
           content into the portal, only one individual from each state may submit to the
           Departments the entire plan on behalf of the governor for all included programs.
           Although the governor’s designee is required to submit the plan, the state program
           directors, or the Director’s designated person, are responsible for completing the
           applicable programs’ portions of the State Plan (i.e. Title II AEFLA and Title IV VR
           programs). The governor for each state must notify the Departments of the individual
           designated to submit the State Plan on behalf of the governor for all programs
           included in the State Plan, even if that designee has not changed since the PY 2022
           modification submission. As early as possible, but no later than February 15, 2024,
           the governor’s office must submit a letter or email with the name of the designee to
           [email protected] with a copy to the appropriate ETA Regional Office.

13
   See Section 101(b)(1) of WIOA for required members of the state board. See also Section 102(b)(2)(E)(ii) of
WIOA for related public access requirements.
14
   See WIOA Section 101(g) and 20 CFR § 676.130(d) and 34 CFR §§ 361.130(d) and 463.130(d).

              To request a State Plan Portal user account or to update existing account login
              information, visit https://wioaplans.ed.gov. Previously approved WIOA State Plans are
              available within the portal for reference.

     e.       Performance Negotiations for Core Programs. To outline the requirements for
              reaching agreement on the negotiated levels of performance for the states outlined in
              WIOA section 116, the Departments issued joint guidance titled, Negotiations and
              Sanctions Guidance for the Workforce Innovation and Opportunity Act (WIOA) Core
              Programs (ETA TEGL No. 11-19 (Change 1), OCTAE Program Memorandum 20-2
              (revised May 2023), and RSA TAC-20-02 (revised May 2023). The Departments will
              continue to negotiate program specific levels of performance. The appendix in the
              Unified and Combined State Plan ICR discussed in this section, and in Attachment I of
              this guidance, reflect which indicators the Departments will negotiate for which programs
              for PYs 2024 and 2025. See Attachment I of this guidance for more instructions on
              establishing performance levels.

     f.       Waivers. As discussed in TEGL No. 08-18, Workforce Innovation and Opportunity Act
              (WIOA) Title I and Wagner-Peyser Act Waiver Requirements and Request Process, the
              Secretary of Labor may grant states additional flexibility through the waiver authority for
              portions of WIOA Title I and Wagner-Peyser Act requirements when permitted. WIOA
              Title I funds can be used for a very wide range of activities; see the Yes, WIOA Can!
              website for examples of flexibility undertaken under current law. Waivers are an
              optional tool for reducing barriers to WIOA implementation and spurring innovative
              programming options. States may submit WIOA Title I and III waiver requests as part of
              their State Plan or separately. As a reminder, waiver requests must discuss, to the extent
              possible, quantifiable outcomes the state hopes to achieve by using the waiver.

              All currently approved waivers expire on June 30, 2024.15 Therefore, states should
              submit new waiver requests as part of the State Plan submission for reconsideration if
              they wish to continue implementing waivers that ETA approved previously. As
              articulated in waiver approval letters, states agreed to meet certain performance or other
              program measures resulting from the waiver. States requesting a waiver renewal beyond
              June 30, 2024, must provide in the renewal request the most recent data available about
              the outcomes of the waiver.16 Failure to do so may result in delay of approval of the
              requested waiver. Find waiver-related resources at
              https://www.dol.gov/agencies/eta/wioa/waivers.

5.        Inquiries. Please direct inquiries to the appropriate DOL Regional Office.

6.        References and Additional Resources.
          • Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) (July 22, 2014);

     15
        For waivers related to the 75 percent out-of-school youth expenditure requirement, waivers are in effect for the
     full amount of time that states have to spend program year funds.
     16
        See 20 CFR § 679.620(d)(7).

•   Joint Rule for Unified and Combined State Plans, Performance Accountability, and the
    One-Stop System Joint Provisions; Final Rule (WIOA Joint Final Rule) published at 81
    FR 55792 (Aug. 19, 2016);
•   Employment and Training Administration, Workforce Innovation and Opportunity Act;
    Final Rule (WIOA DOL Final Rule) published at 81 FR 56072 (Aug. 19, 2016);
•   State Vocational Rehabilitation Services Program; State Supported Employment Services
    Program; Limitations on Use of Subminimum Wage—Final Rule (Office of Special
    Education and Rehabilitative Services (OSERS) Final Rule) published at 81 FR 55630
    (August 19, 2016);
•   Programs and Activities Authorized by the Adult Education and Family Literacy Act
    (Title II of WIOA)—Final Rule (WIOA OCTAE Final Rule) published at 81 FR 55526
    (August 19, 2016);
•   ICR Required Elements for Submission of the Unified or Combined State Plan and Plan
    Modifications Under the Workforce Innovation and Opportunity Act, approved under
    Office of Management and Budget (OMB) control number 1205-0522;
•   Training and Employment Guidance Letter (TEGL) No. 08-18, Workforce Innovation
    and Opportunity Act (WIOA Title I and Wagner-Peyser Act Waiver Requirements and
    Request Process) dated December 19, 2018;
•   Training and Employment Notice (TEN) No. 20-16, “Announcing the publication and
    effective date of the Section 188 WIOA Nondiscrimination and Equal Opportunity
    Regulations (29 CFR Part 38) Final Rule in the Federal Register,” dated December 2,
    2016;
•   TEN No. 10-15, Workforce Innovation and Opportunity Technical Amendments Act,
    dated September 17, 2015;
•   TEN No. 14-21, Workforce Innovation and Opportunity Act (WIOA) Core Program
    Performance Accountability Assessment for Program Years (PY) 2020 and 2021, dated
    October 27, 2021;
•   Unemployment Insurance Program Letter (UIPL) No. 17-14, Revised Employment and
    Training (ET) Handbook No. 336, 18th Edition: “Unemployment Insurance (UI) State
    Quality Service Plan (SQSP) Planning and Reporting Guidelines, dated July 7, 2014;
•   Jobs for Veterans Act (Public Law 107-288, 38 U.S.C. § 4215), Priority of service for
    veterans in Department of Labor job training programs (For current instructions to submit
    an annual Jobs for Veterans State Grants Application for Funding, access the policy on
    VETS website, https://www.dol.gov/agencies/vets/resources/VPLS/VPLDirectory);
•   Program Memorandum OCTAE 22-1, Workforce Innovation and Opportunity Act WIOA
    Core Program Performance Accountability Assessment for Program Years (PYs) 2020
    and 2021, dated October 26, 2021;
•   TEGL 14-21, Workforce Innovation and Opportunity Act (WIOA) Core Program
    Performance Accountability Assessment for Program Years (PYs) 2020 and PY 2021,
    dated October 27, 2021;
•   Yes, WIOA Can! Community of Practice; https://ywc.workforcegps.org;
•   WIOA Waiver Information; https://www.dol.gov/agencies/eta/wioa/waivers;
•   Apprenticeship USA; https://www.apprenticeship.gov/investments-tax-credits-and-
    tuition-support

   •   Fact Sheet: The Bipartisan Infrastructure Investment and Jobs Act Creates Good-Paying
       Jobs and Supports Workers;
   •   TEN No. 08-22: Building Pathways to Infrastructure Careers: Framework for Preparing
       an Infrastructure Workforce (October 21, 2021);
   •   TEN No. 07-22: Joint Communication on Resource Leveraging & Service Coordination
       to Increase Competitive Integrated Employment for Individuals with Disabilities
       (October 18, 2022);
   •   White House. Advancing Equitable Workforce Development for Infrastructure Jobs
       published at https://www.whitehouse.gov/wp-content/uploads/2022/11/Advancing-
       Equitable-Workforce-Development-for-Infrastructure-Jobs_110122.pdf (November 1,
       2022);
   •   National Governors Association Workforce Development in the IIJA, CHIPS, and IRA: A
       Toolkit for State Workforce Development Policymakers published at
       https://www.nga.org/wp-
       content/uploads/2023/02/Workforce_Development_IIJA_CHIPS_IRA_8Feb2023.pdf
       (April 13, 2023);
   •   Office of Management and Budget Memorandum: Advancing Effective Stewardship of
       Taxpayer Resources and Outcomes in the Implementation of the Infrastructure Investment
       and Jobs Act published at https://www.whitehouse.gov/wp-
       content/uploads/2022/04/M-22-12.pdf (April 29, 2022);
   •   TEN No. 12-21: Practitioners Guide to Supportive Services (October 15, 2021);
   •   TEN No. 10-22: Joint Communication on Guidance to States on Addressing the
       Workforce Needs and Safety of the Telecommunications Industry (December 6, 2022);
   •   TEGL No. 07-22: Increasing Employer and Workforce System Customer Access to Good
       Jobs (January 18, 2023);
   •   TEGL No. 21-22: Increasing Equitable Service Access and Employment Outcomes for All
       Jobseekers in Workforce Innovation and Opportunity Act Adult and Dislocated Worker
       Programs (June 9, 2023);
   •   TEGL No. 09-22: Workforce Innovation and Opportunity Act Title I Youth Formula
       Program Guidance (March 2, 2023);
   •   TEGL No. 13-16: Guidance on Registered Apprenticeship Provisions and Opportunities in
       the Workforce Innovation and Opportunity Act (January 17, 2017);
   •   National Clearinghouse of Rehabilitation Training Material: https://ncrtm.ed.gov/;
   •   Pathways to Work Evidence Clearinghouse: https://pathwaystowork.acf.hhs.gov/;
   •   Clearinghouse for Labor Evaluation and Research (CLEAR): https://clear.dol.gov/; and
   •   Education Resources Information Center (ERIC): https://eric.ed.gov/.

7. Attachment.
   • Attachment I: Performance Goals and Instructions for the Core Programs

                                                                                     Attachment I

Performance Goals and Instructions for the Core Programs

State Plans must identify expected levels of performance for each primary indicator of
performance for the first two years covered by planning cycle. The state must reach agreement
with the Secretary of Labor, in conjunction with the Secretary of Education, on the negotiated
levels of performance for the indicators for each of the first two years of the plan.

The Adult, Dislocated Worker, Youth, Adult Education and Family Literacy Act (AEFLA) and
Vocational Rehabilitation (VR) programs will have sufficient data available to make reasonable
determinations of expected levels of performance for the following indicators for Program Year
(PY) 2024 and PY 2025:

                •   Employment17 (Second Quarter after Exit);
                •   Employment18 (Fourth Quarter after Exit);
                •   Median Earnings (Second Quarter after Exit);
                •   Credential Attainment Rate; and
                •   Measurable Skill Gains.

The Wagner-Peyser Act Employment Service program will have sufficient data available to
make a reasonable determination of expected levels of performance for the following indicators
for PY 2024 and PY 2025:
                •   Employment (Second Quarter after Exit);
                •   Employment (Fourth Quarter after Exit); and
                •   Median Earnings (Second Quarter after Exit).

The Credential Attainment Rate and Measurable Skill Gains indicators do not apply to the
Wagner-Peyser Act Employment Service program; therefore, this program will not submit
expected levels of performance for these indicators.

During PY 2022, the Departments initiated the rulemaking process to establish a standard
definition of the sixth performance indicator, Effectiveness in Serving Employers (ESE) (see
Notice of Proposed Rulemaking at 87 FR 56318 (Sept. 14, 2022)). In the spring 2023 Unified
Agenda, the Departments announced plans to issue a final rule in November 2023 and will keep
the public informed of any changes to this timeline. The Departments are working on finalizing
this rule and will issue further guidance on implementing this indicator when the rule is finalized.
States are not required to submit expected levels of performance during the State planning
process for this indicator for PY 2024 and PY 2025. However, States must continue to report the
requisite Effectiveness in Serving Employers data, as required.

17
     For Title I Youth programs, employment, education or training.
18
     For Title I Youth programs, employment, education or training.

Each state must update its plan to include the agreed-upon negotiated levels of performance
before the Departments approve a State Plan.

States may identify additional indicators in the plan, including additional approaches to
measuring ESE, and may establish levels of performance for each of the state indicators. Please
identify any such state indicators under Additional Indicators of Performance. Note that states
may not sanction local areas, or make other corrective actions based on additional state
indicators.

Include the state’s expected levels of performance relating to the performance accountability
indicators based on primary indicators of performance described in Section 116(b)(2)(A) of
WIOA.

                                               Title I – Adult Program
                                   Program Year: 2024          Program Year: 2025
                                 Expected      Negotiated     Expected     Negotiated
                                  Level          Level         Level         Level
   Employment (Second
    Quarter after Exit)
   Employment (Fourth
    Quarter after Exit)
  Median Earnings (Second
    Quarter after Exit)
 Credential Attainment Rate
   Measurable Skill Gains

                                        Title I – Dislocated Worker Program
                                   Program Year: 2024          Program Year: 2025
                                 Expected      Negotiated     Expected     Negotiated
                                  Level          Level         Level         Level
   Employment (Second
    Quarter after Exit)
   Employment (Fourth
    Quarter after Exit)
  Median Earnings (Second
    Quarter after Exit)
 Credential Attainment Rate
   Measurable Skill Gains

                                          Title I – Youth Program
                              Program Year: 2024          Program Year: 2025
                             Expected     Negotiated     Expected     Negotiated
                              Level         Level         Level         Level
 Education, Training, or
  Employment (Second
   Quarter after Exit)
 Education, Training, or
  Employment (Fourth
   Quarter after Exit)
Median Earnings (Second
   Quarter after Exit)
Credential Attainment Rate
 Measurable Skill Gains

                             Title II – Adult Education and Family Literacy Act
                                                  Program
                              Program Year: 2024          Program Year: 2025
                             Expected     Negotiated     Expected     Negotiated
                              Level         Level         Level         Level
 Employment (Second
  Quarter after Exit)
 Employment (Fourth
  Quarter after Exit)
Median Earnings (Second
  Quarter after Exit)
Credential Attainment Rate
 Measurable Skill Gains

                       Title III – Wagner-Peyser Act Employment Service
                                            Program
                        Program Year: 2024            Program Year: 2025
                      Expected      Negotiated      Expected     Negotiated
                       Level          Level          Level         Level
  Employment
(Second Quarter
   after Exit)
  Employment
(Fourth Quarter
   after Exit)
Median Earnings
(Second Quarter
   after Exit)
   Credential          Not            Not            Not           Not
Attainment Rate      Applicable     Applicable     Applicable    Applicable
Measurable Skill       Not            Not            Not           Not
     Gains           Applicable     Applicable     Applicable    Applicable

                        Title IV – Vocational Rehabilitation Program
                     Program Year: 2024              Program Year: 2025
                   Expected       Negotiated       Expected       Negotiated
                    Level           Level           Level           Level
Employment
  (Second
Quarter after
    Exit)
Employment
  (Fourth
Quarter after
    Exit)
  Median
  Earnings
  (Second
Quarter after
    Exit
 Credential
 Attainment
    Rate
Measurable
 Skill Gains

                                       All WIOA Core Programs
                       Program Year: 2024              Program Year: 2025
                     Expected     Negotiated          Expected    Negotiated
                      Level           Level            Level         Level
Effectiveness in
                                                                       Not
Serving            Not applicable   Not applicable Not applicable
                                                                    applicable
Employers

Additional Indicators of Performance
1.
2.
3.
4.
5.
6.