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WIOA and Wagner-Peyser waiver request process

Summary ETA explained how states can ask the Secretary of Labor to waive eligible WIOA Title I or Wagner-Peyser Act requirements. States must submit requests under the letter’s process, and its attachments describe waiver limits and list previously approved waivers. It rescinded three earlier TEGLs on waivers.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 8-18
Date issued
December 19, 2018
Status
Active
ETA lists this advisory Active as of 2026-10-24; the PDF prints Expiration Date: Continuing and rescinds TEGL 01-15, TEGL 27-14 and TEGL 26-09.
Status last verified October 24, 2026

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This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
CLASSIFICATION
                                                         WIOA Title I and Wagner-Peyser
   EMPLOYMENT AND TRAINING ADMINISTRATION                Waivers
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI
             Washington, D.C. 20210                      DATE
                                                         December 19, 2018


ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 8-18

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE ADMINISTRATORS
                STATE WORKFORCE LIAISONS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                DIRECTORS
                STATE LABOR COMMISSIONERS

FROM:           MOLLY E. CONWAY /s/
                Acting Assistant Secretary

SUBJECT:        Workforce Innovation and Opportunity Act (WIOA) Title I and Wagner-Peyser
                Act Waiver Requirements and Request Process

1. Purpose. This guidance communicates the requirements and the process for states to request
   a waiver of WIOA Title I or the Wagner-Peyser Act, and to provide information regarding
   available resources for developing waiver requests.

2. Action Requested. The Department of Labor (Department) requests that states review the
   available resources and consult the appropriate Employment and Training Administration
   (ETA) Regional Office to discuss whether the state could use the Secretary’s waiver
   authority to increase flexibility and maximize innovation. States must submit waiver
   requests to ETA in accordance with this guidance.

3. Summary and Background.

   a. Summary. WIOA establishes a broad framework for enhancing the skills of the
      American workforce when connecting job creators with qualified candidates in order to
      help businesses grow. Within this framework, the law strikes a balance of authority
      between state and local leaders who are well-positioned to make decisions about
      investing Federal employment and training funds effectively in the communities they
      serve. The Department recognizes that private sector-led state and local workforce
      development boards (WDBs), governors, and local elected officials have a deep
      understanding of the workforce needs in their communities, as well as a clear vision for
      meeting the needs of both employers and workers.


 RESCISSIONS                                             EXPIRATION DATE
 TEGL 01-15, TEGL 27-14, TEGL 26-09                      Continuing

   b. Background. The Department is committed to empowering states and local workforce
      areas with maximum flexibility and programmatic control to further enable them to
      achieve their goals. Under WIOA, the Secretary may grant states additional flexibility
      through the Secretary’s waiver authority. Waivers are a tool for reducing barriers to
      WIOA implementation and spurring innovative programming options. While some
      waiver requests may fall outside the Secretary’s waiver authority, the Department is
      dedicated to exploring available flexibilities with states to facilitate the achievement of
      their goals.

4. Waiver Process and Resources.

   a. Developing a Quality Waiver Request. Attachment I provides details on the waiver
      authority found in the statute and regulations, as well as the limitations of the Secretary’s
      waiver authority as it pertains to WIOA and the Wagner-Peyser Act. We request that
      states review the limitations of this authority before submitting a request.

      Once a state has set goals and identified barriers in the implementation of WIOA Title I
      or the Wagner-Peyser Act, along with corresponding regulations that may impede
      achievement of those goals, we encourage those states to reach out to ETA regional staff
      to discuss their plans for a waiver request. This allows the state an opportunity to share
      its goals and ideas for innovation with ETA, and provides the opportunity to fully explore
      waiver options and existing flexibilities. Sharing a general outline of a state’s waiver
      request with ETA staff prior to formal submission can help ensure the waiver request
      responds to all the required elements listed below.

      WIOA section 189(i)(3)(B) and the regulations at 20 CFR 679.620 require waiver
      requests to include a discussion of the following elements:

         The statutory and/or regulatory requirements the state would like to waive. The
          state must clearly cite the statute and/or regulation(s) in its request, and ensure that
          the citations refer to the specific elements the state wishes to waive.
         Actions the state has undertaken to remove state or local statutory or regulatory
          barriers. In some instances, a potential waiver could conflict with state or local laws
          and/or policies. The state must provide a discussion of the steps it has taken to
          remove any potential obstacles in the waiver request as appropriate. Quite often, state
          or local policies do not present a conflict for the request, and a simple statement
          indicating that there are no state or local barriers is sufficient.
         State strategic goal(s). The state must precisely articulate the goals it seeks to
          achieve by requesting a waiver. Understanding the problem from the state’s
          perspective can also help the Department identify other flexibilities if a request is
          beyond the Secretary’s waiver authority. The state must also discuss how these goals
          relate to its Unified or Combined State Plan.
         Projected programmatic outcomes resulting from implementation of the waiver.
          When developing a request, the state must provide an estimate of how the waiver will
          improve outcomes or provide other tangible benefits for jobseekers or employers.
          Thoughtful consideration of discrete improvements that a waiver may provide to the

       public workforce system will help the state develop a stronger waiver request and
       position the state to better evaluate waiver impact. For example, a state requesting to
       increase the employer reimbursement rate for on-the-job training (OJT) could
       estimate the number of additional participants or number of additional businesses that
       would make use of WIOA-funded OJT as a result of the waiver if approved. States
       have the discretion to determine how to measure a waiver’s success and the specific
       data sources it intends to use to evaluate its impact.
      Alignment with Department policy priorities. The state must articulate how the
       waiver will align with the Department’s policy priorities, such as supporting
       employer engagement, connecting education and training strategies, supporting work-
       based learning, and improving job and career results.
      Individuals, groups, or populations affected by the waiver. States must describe
       the potential impact of a waiver on various system stakeholders, including how the
       waiver will impact services for disadvantaged populations, persons with barriers to
       employment, or businesses. For example, a waiver request to decrease the 75 percent
       out-of-school youth expenditure requirement should include a discussion of how the
       state will continue to serve out-of-school youth as it increases spending for in-school
       youth projects. It should also discuss the potential benefits for in-school youth.
      State plans for monitoring waiver implementation, including collection of waiver
       outcome information. Just as states monitor the regular fiscal and programmatic
       implementation of WIOA at the local level, they must also consider how they will
       monitor a waiver that changes standard procedures. States must describe how they
       intend to oversee effective waiver implementation and any unique protocols that may
       be used in their waiver requests. For example, a state approved for a waiver to
       increase the OJT employer reimbursement rate would need to demonstrate fiscal
       adherence to the waiver-approved rate, and assess whether the waiver is allowing
       businesses to expand the use of OJT as a tool to increase the skills of workers.
      Assurance of state posting of the request for public comment and notification to
       affected local workforce development boards. WIOA does not prescribe a specific
       amount of time for states to post a potential waiver for comment, but it does require
       the state to demonstrate a reasonable opportunity for public review and comment by
       all stakeholders, including businesses and organized labor. The state must also
       provide affected local boards with notice and opportunity to comment on the
       proposed waiver. The Department cannot approve waiver requests that have not
       completed the public comment process.

b. Submission and Decision Process. States may submit waiver requests as part of their
   State Plan or as a separate waiver plan; ultimately, a waiver constitutes a modification of
   the State Plan regardless of how it is submitted. States may submit waiver requests to
   [email protected] and should send a copy to the appropriate ETA Regional Office
   contact. While e-mail is preferred to expedite the review of waivers, the Department will
   also accept hard copy submissions mailed to the following address:

                              WIOA Waiver Coordinator
                        200 Constitution Ave, NW Room S-4203
                               Washington, DC 20210

       By law, the Department has 90 days from receipt to respond to a waiver request.
       However, the Department makes every effort to expedite waiver review when possible,
       particularly for requests that have a precedent for decision. The review includes a legal
       assessment to determine whether the request is within the Secretary’s waiver authority
       under statute, addresses the requirements at 20 CFR 679.620, as outlined in Section 4 of
       this guidance, and aligns with the Department’s policy considerations.

       ETA communicates the Department’s decision(s) on state waiver requests via letter to the
       governor of the submitting state. WIOA Section 189(i)(3)(C)(ii) requires states to
       “execute a memorandum of understanding with the Secretary requiring the state to meet,
       or ensure that the local area for which the waiver is requested meets agreed upon
       outcomes and to implement other appropriate measures to ensure accountability as a
       condition for waiver approval.” The Department considers the signed waiver decision
       letter from ETA to the state to be the aforementioned memorandum of understanding
       between the Secretary and the state, with the measures and outcomes agreed upon as
       those described in the state’s waiver request. The approval letter will identify the
       duration of the waiver.

       Part of the waiver lifecycle requires states to estimate and then regularly assess whether
       the waiver is successfully achieving state goals. As the goal of waivers is to provide
       opportunities to innovate and experiment with new approaches to service delivery, states
       with approved waivers must report specifically on waiver impact and outcomes in the
       WIOA Annual Report. The Department will consider outcome information as part of the
       criteria for granting renewal of a waiver, if requested.

   c. WIOA Waiver Webpage. The Department’s WIOA web page at
      www.doleta.gov/wioa/WIOA_Waivers.cfm offers several helpful resources including a
      list of all approved waivers so that states may share ideas and identify what the
      Department approved for other states. The webpage also includes a summary of the
      Secretary’s waiver authority and limitations and a waiver request tool to help states
      develop a quality request. The Department also posts all waiver requests and decision
      letters to the web page.

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

6. References.
    WIOA (Pub. L. 113-128) Title I Sec. 189(i)
    20 CFR 679.600 – 620; and
    WIOA Waiver Webpage. https://www.doleta.gov/wioa/WIOA_Waivers.cfm

7. Attachments.
    Attachment I: Waiver Authority and Limitations
    Attachment II: Waivers Approved as of October 16, 2018.

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_8-18_Attachment_I.pdf)

Attachment I: Waiver Authority and Limitations

Waiver Authority. Under the Secretary of Labor’s waiver authority outlined in Section
189(i)(3)(A) of the Workforce Innovation and Opportunity Act (WIOA), the Secretary may
waive certain provisions of WIOA Title I subtitles A, B, and E and provisions found in Sections
8 – 10 of the Wagner-Peyser Act. WIOA Section 189(i)(3)(B) and 20 CFR 679.620 identify
elements that must be included in a waiver request. A governor may request waivers at any time
by submitting a waiver plan with the State’s Unified or Combined Plan or Plan modification, or
by submitting a separate waiver plan. In either scenario, waivers constitute a modification of the
State Plan.

Limitations to WIOA Waiver Authority. WIOA Section 189(i)(3)(A)(i) establishes the
limitations of the Secretary’s general waiver authority for WIOA title I, subtitles A, B, and E.
As enumerated in this Section, the Secretary is statutorily prohibited from waiving any
provisions related to the following:

   Wage and labor standards;
   Non-displacement protections;
   Worker rights;
   Participation and protection of workers and participants;
   Grievance procedures and judicial review;
   Nondiscrimination;
   Allocation of funds to local areas;
   Eligibility of providers or participants;
   The establishment and functions of local areas and local workforce development boards;
   Procedures for review and approval of state and local plans;
   The funding of infrastructure costs for one-stop centers; and
   Other requirements relating to the basic purposes of title I of WIOA, as identified in 20 CFR
    675.100.

Limitations to Wagner-Peyser Act Waiver Authority. WIOA Section 189(i)(3)(A)(ii)
establishes the limitations of the Secretary’s general waiver authority for the Sections 8 – 10 of
the Wagner-Peyser Act. As enumerated in this Section, the Secretary is statutorily prohibited
from waiving any provisions related to the following:
 Requirements relating to the provision of services to unemployment insurance claimants and
    veterans; and
 Requirements relating to universal access to basic labor exchange services without cost to
    jobseekers.


                                                I-1

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_8-18_Attachment_II.pdf)

Attachment II: Waivers Through October 16, 2018

ETA regularly updates a report of all approved waivers and posts the report to the WIOA
Waiver Webpage at www.doleta.gov/wioa/WIOA_Waivers.cfm. Below is a list of waivers
approved through October 16, 2018.

                                                          Key WIOA and           Hurricane
      State              Waiver Description
                                                        Regulatory Citations      Related
                 Waiver to allow the State Board to act
Alaska                                                  WIOA Section 107(b)
                 as the Local Board
                                                        WIOA Sections
                 Waiver of the requirement that
                                                        116(d)(4)(A) and 122;
                 eligible training providers collect
Idaho                                                   20 CFR 677.230(a)(4)
                 performance data for all students in a
                                                        and (5) and 20 CFR
                 training program
                                                        680.460
                 Waiver to allow the State Board to act
Idaho                                                   WIOA Section 107(b)
                 as the Local Board
                 Waiver of the requirement to conduct
                                                        WIOA Sections
                 evaluations of workforce investment
Idaho                                                   134(a)(2)(B)(vi) and
                 activities for adults, dislocated
                                                        129(b)(1)(A)
                 workers, and youth
                 Waiver to allow the State to lower the
                                                        WIOA Section
                 local area and statewide reserve out-
Illinois                                                129(a)(4) and 20 CFR
                 of-school youth expenditure
                                                        681.410
                 requirement to 50 percent
                                                        WIOA Sections
                 Waiver of the requirement that
                                                        116(d)(4)(A) and 122;
                 eligible training providers collect
Illinois                                                20 CFR 677.230(a)(4)
                 performance data for all students in a
                                                        and (5) and 20 CFR
                 training program
                                                        680.460
                 Waiver to allow the State to lower the
                                                        WIOA Section
                 local area and statewide reserve out-
Indiana                                                 129(a)(4) and 20 CFR
                 of-school youth expenditure
                                                        681.410
                 requirements to 50 percent
                                                        WIOA Sections
                 Waiver to substitute the WIOA State
Indiana                                                 101(b)(1) and (c) and
                 Board membership requirements
                                                        20 CFR 679.110(b)-(c).
                                                        WIOA Sections
                 Waiver of the requirement that
                                                        116(d)(4)(A) and 122;
                 eligible training providers collect
Kansas                                                  20 CFR 677.230(a)(4)
                 performance data for all students in a
                                                        and (5) and 20 CFR
                 training program
                                                        680.400-680.530
                 Waiver to increase on-the-job training
                                                        WIOA Section 134(c)
                 employer reimbursement up to 90
Massachusetts                                           (3)(H)(i) and 20 CFR
                 percent for businesses with 50 or
                                                        680.720 (b)
                 fewer employees


                                           II-1

                  Waiver to allow the State to calculate    WIOA Section
Michigan          the out-of-school youth requirement       129(a)(4) and 20 CFR
                  at the State level only                   681.410
                  Waiver to lower to the local area and
                                                            WIOA Section
                  statewide out-of-school youth
Michigan                                                    129(a)(4) and 20 CFR
                  expenditure requirements to 50
                                                            681.410
                  percent
                                                            WIOA Sections
                  Waiver of the requirement that
                                                            116(d)(4)(A) and 122;
                  eligible training providers collect
Michigan                                                    20 CFR 677.230(a)(4)
                  performance data for all students in a
                                                            and (5) and 20 CFR
                  training program
                                                            680.400-680.530
                  Waiver to allow the State to lower the
                                                            WIOA Section
                  out-of-school youth expenditure
Minnesota                                                   129(a)(4) and 20 CFR
                  requirement for statewide and local
                                                            681.410
                  area funds to 60 percent
                                                            WIOA Sections
                  Waiver of the obligation of eligible
                                                            116(d)(4)(A) and 122,
                  training providers to collect
Missouri                                                    and 20 CFR
                  performance data on all students in a
                                                            677.230(a)(4) and (5)
                  training program
                                                            and 20 CFR 680
                  Waiver to lower to the local area and
                                                            WIOA Section
                  statewide out-of-school youth
Missouri                                                    129(a)(4)(A) and 20
                  expenditure requirements to 50
                                                            CFR 681.410
                  percent
                  Waiver to allow the State to assign a     WIOA Section
Nebraska          single local workforce development        106(a)(2) and 20 CFR
                  area to multiple planning regions         679.210
                  Waiver of the requirement that states     WIOA Section
New York          expend 75 percent of all Governor’s       129(a)(4)(A) and 20
                  reserve funds on out-of-school youth      CFR 681.410
                                                            WIOA Sections
                  Waiver of the requirement that
                                                            116(d)(4)(A) and 122;
                  eligible training providers collect
North Carolina                                              20 CFR 677.230(a)(4)
                  performance data for all students in a
                                                            and (5) and 20 CFR
                  training program
                                                            680.400-680.530
                  Waiver to lower to the local area and
                                                            WIOA Section
Northern          statewide out-of-school youth
                                                            129(a)(4) and 20 CFR
Mariana Islands   expenditure requirements to 50
                                                            681.410
                  percent
                  Waiver to allow the State to calculate
                                                            WIOA Section
                  the 75 percent out-of-school youth
Ohio                                                        129(a)(4) and 20 CFR
                  requirement for local area funds at the
                                                            681.410
                  State level only
                  Waiver to allow local areas to provide
Ohio                                                        20 CFR 681.550
                  in-school youth with individual

                                              II-2

                 training accounts
                 Waiver to allow both WIOA and
                 TANF funds to count towards the           WIOA Section
Ohio             WIOA requirement that a local area        129(a)(4) and 20 CFR
                 expend 75 percent of its youth funds      681.410
                 on out-of-school youth
                 Waiver to allow WIOA Individual
Pennsylvania     Training Accounts (ITAs) for in-          20 CFR 681.550
                 school youth
                 Waiver of the limitation on the use of
                 funds for capitalization of business to
                 allow funds to be used to capitalize
Puerto Rico                                                WIOA Section 181(e)      X
                 small business that were affected by
                 Hurricanes Irma and Maria, up to
                 $5,000 per affected business
                 Waiver to lower to the local area and     WIOA Section
                 statewide out-of-school youth             129(a)(4), and
Puerto Rico                                                                         X
                 expenditure requirements to 50            consistent with 20 CFR
                 percent                                   681.410,
                 Waiver to permit the Commonwealth
                 to exclude individuals affected by the    WIOA Section 116(b)
Puerto Rico                                                                         X
                 disaster from the calculation of state    and (c)
                 and local performance measures
                                                           WIOA Sections
                 Waiver of statewide required              129(b)(1)(A) and
Puerto Rico                                                                         X
                 activities to conduct evaluations         134(a)(2)(vi), section
                                                           116(e), section 169(a)
                 Waiver of the requirement that            WIOA Sections 116
                 eligible training providers collect       and 122, and at 20 CFR
Puerto Rico
                 performance data for all students in a    677.230 and 20 CFR
                 training program                          680.400 thru 680.530
                                                           WIOA Sections
                 Waiver of the requirement that
                                                           116(d)(4)(A) and 122;
                 eligible training providers collect
South Carolina                                             20 CFR 677.230(a)(4)
                 performance data for all students in a
                                                           and (5) and 20 CFR
                 training program
                                                           680.400-680.530
                                                           WIOA Sections
                 Waiver of the requirement that
                                                           116(d)(4)(A) and 122;
                 eligible training providers collect
South Dakota                                               20 CFR 677.230(a)(4)
                 performance data for all students in a
                                                           and (5) and 20 CFR
                 training program
                                                           680.400-680.530
                 Waiver to lower to the local area and
                                                           WIOA Section
                 statewide out-of-school youth
South Dakota                                               129(a)(4)(A) and 20
                 expenditure requirements to 50
                                                           CFR 681.410
                 percent
South Dakota     Waiver to allow WIOA individual           20 CFR 681.550

                                              II-3

            Training Accounts for in-school
            youth
                                                      WIOA Sections
            Waiver of the obligation of eligible
                                                      116(d)(4)(A) and 122
            training providers (ETPs) to collect
Tennessee                                             and 20 CFR
            performance data on all students in a
                                                      677.230(a)(4) and (5)
            training program
                                                      and 20 CFR 680
            Waivers associated with the
                                                      WIOA Section
            requirement that local areas expend
Tennessee                                             129(a)(4)(A) and 20
            75 percent of local formula youth
                                                      CFR 681.410
            funds on out-of-school youth
            Waiver to allow WIOA Individual
Tennessee   Training Accounts (ITAs) for in-          20 CFR 681.550
            school youth
            Waiver to permit the State and its
            disaster-impacted local areas to use
            local Adult and Dislocated Worker
            formula funds for the development or
            identification of education and
            training programs that have the
            characteristics referenced in WIOA
            Section 134(a)(3)(A)(iii) and to allow
            the State and its disaster-impacted
                                                      WIOA Sections
            local areas to use Youth formula
                                                      129(b)(2)(B)) and
Texas       funds to support the development of                               X
                                                      134(a)(3)(A)(iii)
            alternative, evidence-based programs,
            and other activities that enhance the
            choices available to eligible youth and
            which encourage youth to reenter and
            complete secondary education, enroll
            in post-secondary education and
            advanced training, progress through a
            career pathway, and enter into
            unsubsidized employment that leads
            to economic self-sufficiency
            Waiver to permit funds to be used to
            capitalize small businesses that were
Texas                                                 WIOA Section 181(e)     X
            affected by Hurricane Harvey, up to
            $5,000 per affected business
            Waiver of the requirement that the
            State and workforce areas must spend
                                                      WIOA Section
            not less than 75 percent of youth
Texas                                                 129(a)(4) and 20 CFR    X
            funds to provide services to out-of-
                                                      681.410
            school youth in hurricane-affected
            local areas
Texas       Waiver of the requirement that local      WIOA Section            X

                                        II-4

        programs provide each of the 14            129(c)(2)
        youth program elements to prioritize
        needed services to youth participants
        in hurricane-affected local areas
        Waiver to permit the state to exclude
        individuals affected by the disaster       WIOA Section 116(b)
Texas                                                                        X
        from the calculation of State and local    and (c)
        performance measures
        Waiver to permit the use of individual
        training accounts for disaster-
Texas                                              20 CFR 681.550            X
        impacted in-school youth in
        hurricane-affected local areas
                                                   WIOA Sections
        Waiver of the obligation of eligible
                                                   116(d)(4)(A) and 122
Texas   training providers (ETPs) to collect
                                                   and 20 CFR
        performance data on all students in a
                                                   677.230(a)(4) and (5)
        training program
                                                   and 20 CFR 680
        Waiver of the requirement that states
                                                   WIOA Section
        and local areas expend 75 percent of
Texas                                              129(a)(4)(A) and 20
        all Governor’s reserve and local
                                                   CFR 681.410
        formula funds on out-of-school youth
        Waiver to allow WIOA Individual
Texas   Training Accounts (ITAs) for in-           20 CFR 681.550
        school youth
        Waiver of reallocation provisions to
        allow the State Workforce
                                                   WIOA Sections
Texas   Development Board to develop
                                                   128(c)(3) and 133(c)(3)
        additional criteria for the reallocation
        of recaptured funds
        Waiver to allow the State to modify
        the performance measures used to
Texas                                              WIOA Section 166(c)
        negotiate Local Workforce
        Development Board performance
        Waiver to allow local areas to provide
Utah    in-school youth with individual            20 CFR 681.550
        training accounts


                                     II-5

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