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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 It rescinded three earlier TEGLs on waivers.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
Topics
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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.
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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
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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
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