2011 WIA and Wagner-Peyser state plans

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL_17-10ACC.pdf

                                                       CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION               WIA State Plans
              ADVISORY SYSTEM                          CORRESPONDENCE SYMBOL
                                                       OWI
         U.S. DEPARTMENT OF LABOR
                                                       DATE
            Washington, D.C. 20210                     December 30, 2010



ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 17-10

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

FROM:            JANE OATES /s/
                 Assistant Secretary

SUBJECT:         Instructions for Submitting Workforce Investment Act and Wagner-Peyser
                 Act State Plans and Waiver Requests for Program Year 2011.

1. Purpose. The purpose of this Training and Employment Guidance Letter (TEGL) is to
   provide information on:

     Options for states to have in place approved Workforce Investment Act and Wagner-
      Peyser Act (WIA/W-P) State Plans and waivers for Program Year (PY) 2011.
     When State Plan modifications and waiver requests are required.
     Potential future revisions to Stand-Alone and Unified Strategic State Planning
      Guidances.

2. References.

     Wagner-Peyser Act, as amended (29 U.S.C. 49 et seq.)
     Workforce Investment Act of 1998, as amended (29 U.S.C. 2801 et seq.)
     WIA regulations, 20 CFR parts 652 and 660-671
     Priority of Service for Covered Persons Regulations (Veterans’ Priority of Service
      Regulations), 20 CFR part 1010.100-330
     Trade Adjustment Assistance Regulations for Merit Staffing of State Administration, 20
      CFR part 618
     The American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
     Planning Guidance for the Strategic State Plan for Title I of the Workforce Investment
      Act of 1998 (WIA) and the Wagner-Peyser Act (W-P) [73 FR 72853 Dec. 1, 2008]
      (OMB No. 1205-0398)
     State Unified Plan Planning Guidance [73 FR 73730 Dec. 3, 2008] (OMB No. 1205-
      0398)

 RESCISSIONS                                           EXPIRATION DATE
 TEGL 21-09                                            Continuing
     TEGL No. 14-08, and TEGL No. 14-08 Change 1, “Guidance for Implementation of the
      Workforce Investment Act and Wagner-Peyser Act Funding in the American Recovery
      and Reinvestment Act of 2009 and State Planning Requirements for Program Year 2009”
     TEGL No. 26-09, “Workforce Investment Act (WIA) Waiver Policy and Waiver
      Decisions for PY 2009 and 2010.”
     TEGL No. 30-09, “Layoff Aversion Definition and the Appropriate Use of Workforce
      Investment Act Funds for Incumbent Worker Training for Layoff Aversion Using a
      Waiver

3. Background. All WIA/W-P State Plans currently in place will expire on June 30, 2011,
and all approved waivers currently in place will expire before or on June 30, 2011. States must
have approved State Plans in place to receive formula allotments under WIA and the Wagner-
Peyser Act. For PY 2009, all states were required to submit a modified State Plan, and were
provided the option to either extend or modify that Plan for PY 2010 due to anticipated
reauthorization of WIA. Given the continued potential for reauthorization of WIA within the
next year and the Employment & Training Administration (ETA)’s intention to revise State
Planning Guidance for PY 2012 and beyond, ETA is providing two options to extend or modify
current Plans to enable states to have an approved State Plan in place for PY 2011 without
engaging in full five-year planning. If WIA is reauthorized and requires changes to WIA/W-P
State Plans, ETA will issue subsequent guidance on implementing any new requirements.

4. State Plan Options for PY 2011. There are two options for states to secure approval of
their WIA/W-P State Plan for PY 2011, which is the second year of the PY 2010-2014 five-
year planning cycle, July 1, 2010 – June 30, 2015.

  A. Option I: ETA approves an extension of the current WIA/W-P State Plan for an
  additional year, through PY 2011 (July 1, 2011 – June 30, 2012).

      As noted in Section 3, WIA requires states to have an approved WIA/W-P State Plan in
      place in order to receive WIA/W-P allotments. For all interested states, ETA will
      consider this legislative requirement met by approving a requested extension of the
      current State Plan for an additional year. ETA will also approve requests for waiver
      extensions for an additional year as described in Section 5.A below. Information on the
      process for State Plan extensions and waiver extensions is provided below in Section 6.

  B. Option II: ETA reviews and approves the WIA/W-P State Plan modification
  submitted by a state for PY 2011.

      i. Legislative Requirements. Section 112(d) of WIA provides that states may submit
      modifications to State Plans at any time during the five-year period covered by the Plan.
      Any state that wishes to revise its State Plan instead of extending its current Plan should
      submit a State Plan modification for the period of PY 2011, July 1, 2011 through June 30,
      2012.

      Under WIA regulations, states that have undergone substantial changes may be required
      to submit a modification instead of an extension. For instance, some states are required
      to submit modifications to describe organizational changes that have occurred since their
      last modification. States that meet the criteria provided below must submit a

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modification. Information on the process for submitting a State Plan modification, due
April 15, 2011, is provided below in Section 6.

The WIA regulations at 20 CFR 661.230, and the regulations at 20 CFR 652.212 which
relate to the Wagner-Peyser Act portions of the Plan, require modifications in certain
circumstances. These regulations provide that modifications are required when one or
more of the following occur:

        Changes in Federal or state law or policy that substantially change the
         assumptions upon which the Plan is based, to include any enhancements needed
         to State Plans pursuant to Trade Adjustment Assistance regulations issued by
         ETA on merit staffing of state administration (20 CFR, Part 618);
        Changes in the statewide vision, strategies, or supporting policies;
        Changes in the methodology used to determine local allocation of funds;
        Reorganizations that change the working relationship with system employees,
         or changes in organizational responsibilities;
        Reorganization of the state agency designated to deliver services under the
         Wagner-Peyser Act;
        Changes in services delivered by state merit-staff employees;
        Changes to the membership structure of the State Board or alternative entity;
        Changes in Wagner-Peyser service delivery strategy;
        Changes in performance indicators. A state that has failed to meet performance
         goals and must adjust service strategies should submit a substantive
         modification; and
        Any similar substantial changes to the state’s workforce investment system.

The requirements listed above apply to stand-alone plans as well as to the WIA Title I
and Wagner-Peyser Act portion of unified plans. In determining whether it is appropriate
for your state to submit a modified State Plan, it may be helpful to review the State Plan
in light of these requirements. States with newly elected Governors may experience
organizational changes that would require a modification to their Plan yet may not have
organizational changes in place prior to the State Plan modification submission deadline
of April 15, 20100 for PY 2011. Such states may submit a modification during PY 2011
as necessary. If there is any question or doubt about whether a modification is required,
please contact your ETA Regional Office. States should update their program
administration designees, frequently referred to as the “signatures page” of the State Plan,
if there have been changes to the individuals listed since the last submittal. A sample is
provided in Attachment A.

As described above, states are required to prepare modifications where there are changes
to the membership structure of the State Board or alternative entity. Under provisions of
Section 5102 of the Affordable Care Act (ACA), the U.S. Department of Health and
Human Services’ Health Resources and Services Administration awarded State Health
Care Workforce Development Grants to 24 states and the District of Columbia. In some
instances, these grants required changes to the structure and membership of some of the
grantees’ State Workforce Investment Boards (SWIB) or alternative entities. In order to
be eligible for the Section 5102 grants, some states may have added a health care
employer, a representative of a public 4-year higher education institution, a recognized

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      state federation of labor, the state public secondary education agency, a P-16 or 20
      Council if in existence in the state, and a philanthropic organization devoted to health
      care workforce development to the SWIB. States that have substantially changed the
      membership of the SWIB as a result of these grants should submit a plan modification to
      describe the changes.

      ii. State Plan Modification Content. States submitting a State Plan modification must
      follow the state planning instructions and questions included in Part II of the Stand-Alone
      Planning Guidance (73 Fed. Reg. 72853, Dec. 1, 2008) or Part III of the Unified Planning
      Guidance (73 Fed. Reg. 73730, Dec. 3, 2008) and updated by TEGL No. 14-08,
      Appendix A. States may update their responses to these questions and modify a single
      part, many parts, or all of their State Plan.

      Veterans’ Priority of Service for Veterans and Covered Persons. Note that ETA will
      provide a copy of each plan modification that contains revisions related to priority of
      service for veterans and covered persons to the Veterans’ Employment and Training
      Service (VETS) which will review the plan modification to ensure that it adequately
      addresses and adheres to Veterans’ Priority of Service provisions in the Jobs for Veterans
      Act and regulations.

      Equivalent and Proportionate Services for Migrant and Seasonal Farmworkers
      (MSFWs). States have a responsibility under Wagner-Peyser regulations to provide
      services to MSFWs on a basis that is qualitatively equivalent and quantitatively
      proportionate to services provided to non-MSFWs. To ensure these equivalent and
      proportionate services are provided, ETA has long required states to submit a regular
      Agricultural Outreach Plan (AOP). For PY 2011, ETA intends to require states to submit
      an agricultural outreach plan, guidance for which will be forthcoming. For PY 2012,
      ETA intends to integrate the AOP requirements for agricultural outreach plan
      requirements into the overall WIA/W-P planning requirements as part of an overall
      redesign of the state planning process described in Section 11.

      ETA encourages states to take steps now to integrate their AOP into the WIA/W-P Plan
      by providing robust responses to questions that pertain to services for MSFWs, such as
      outlining how the state will ensure that services to MSFWs are provided on a basis which
      is qualitatively equivalent and quantitatively proportionate to services provided to non-
      MSFWs. ETA expects that states will consult with State Monitor Advocates in the
      planning process, as required under 20 CFR 653.108(s). Attachment B highlights
      questions in the WIA/W-P planning guidance which pertain to MSFW and which are also
      required in states’ agricultural outreach plan. States are encouraged to use this
      attachment to address services to MSFWs in their WIA/W-P Plan.

5. Waiver Options for PY 2011. Most states have waivers that expire on or before June 30,
2011. Many of these waivers apply to the American Recovery and Reinvestment Act
(Recovery Act) funds, and these funds expire June 30, 2011. Consequently, waivers applying
only to Recovery Act funds cannot be renewed. ETA encourages each state to consider
whether its approved waivers support the strategies outlined in its existing State Plan and match
the needs of its workforce system. This is an ideal time for states to consider whether new
waivers are needed, and whether currently approved waivers support their strategic goals.

                                               4
For PY 2011, states can request extensions of their existing waivers and/ or submit requests for
new waivers.

  A. Extension of Existing Waivers through PY 2011 (July 1, 2011 – June 30, 2012).

      If requested, ETA will grant an extension of an additional year for existing approved
      waivers, except in the following circumstances: (1) ETA has advised the state in prior
      correspondence that it did not anticipate approving an extension beyond June 30, 2011;
      or (2) ETA advises the state that there are significant performance issues related to the
      use of the waiver or that the waiver as implemented is not in compliance with the terms
      prescribed in the approval letter. If a state no longer intends to use a certain waiver, it
      should advise ETA of this and request that it not be extended. States are encouraged to
      reevaluate the necessity for approved waivers that are not being implemented.

      To ensure meaningful public comment as required by 20 CFR 661.420(5)(iv), ETA
      encourages states to notify the public of their intent to extend the existing waivers.
      Information on the process for the extension of waivers is provided in Section 6.

  B. New Waiver Requests for PY 2011.

      States wishing to request new waivers must submit full waiver plans to ETA, and states
      wishing to make adjustments to current waivers must also submit full waiver plans. The
      waiver plan must include all of the required elements listed in the WIA regulations at 20
      CFR 661.420(c), and is subject to public comment requirements. States should refer to
      TEGLs 26-09 and 30-09 for guidance on current ETA waiver policy and waiver request
      submission requirements.

      States should be aware that ETA is not able to waive Veterans’ Priority of Service
      regulations, nor Office of Management and Budget (OMB) requirements such as the
      OMB Cost Principles or other OMB Circulars.

6. Actions Required for State Plan and Waiver Extensions or Modifications. The due
date for submission of a State Plan extension request or modification is April 15, 2011. States
must include a list of currently approved waivers that it wishes to extend or terminate, and full
waiver plans for newly requested waivers. States have the option to submit their State Plan
extension requests, modifications, and waiver requests in an electronic, hard copy, or CD-ROM
format. ETA encourages electronic submissions to reduce the processing burden and to ensure
timely receipt by ETA.

The Federal Coordinator will confirm receipt of the State Plan and waivers extension request or
modification within two business days of receipt and indicate the date for the start of the review
period. When a state submits an incomplete State Plan modification or waiver plan, the period
for review will not start until all required components have been received.




                                                5
Electronic Submission. States can submit a State Plan extension, modification or waiver
request electronically either by posting it on an Internet Web site that is accessible to ETA or
by transmitting it through e-mail to ETA. States choosing to post on an Internet Web site
should post the State Plan extension, modification or waiver request on a Web site and send an
e-mail to [email protected] and the appropriate ETA Regional Administrator. The e-mail must
identify the URL for the State Plan extension, modification or waiver request, provide contact
information in the event of problems accessing the Web site, and certify that no changes will be
made to the version posted on the website after it has been submitted to ETA, unless ETA gives
prior approval for such changes.

States submitting their extension, modification or waiver request by e-mail should send it to
[email protected] with a copy sent to the appropriate ETA Regional Administrator. If a state
chooses to submit its extension, modification or waiver request by transmitting it through e-
mail, the state must submit it in Microsoft Word or PDF format.

State Plan certifications with electronic signatures are acceptable. If a state chooses not to use
an electronic signature, then the program administration designees and plan signatures page
(“signature page,” see Attachment A) must be submitted in hard copy with an original signature
to the Federal Coordinator, and a copy to the ETA Regional Administrator.

Hard Copy or CD-ROM Submission. States choosing to submit a hard copy should submit one
copy of the extension, modification or waiver request with an original signature to the Federal
Coordinator for Plan Review and Approval, and one copy to the appropriate ETA Regional
Administrator. The address for the Federal Coordinator is as follows:

   Division of Workforce System Support
   Employment and Training Administration
   U.S. Department of Labor
   200 Constitution Ave., NW, Room S-4231
   Washington, DC 20210
   ATTN: Kimberly Vitelli

States submitting a State Plan extension, modification or waiver request on CD-ROM should
submit one copy to the Federal Coordinator at the address above, and one copy to the
appropriate ETA Regional Administrator. If the modification on the CD-ROM does not include
the signature of the Governor on the signature page, the state must submit electronically to the
Federal Coordinator and appropriate ETA Administrator a signed signature page, or a hand-
signed signature page in hard copy. Documents submitted on a CD-ROM must be in Microsoft
Word or PDF format.

7. Public Comment and Review. The WIA regulations at 20 CFR 661.230(d) provide that
modifications to the State Plan are subject to the same public review and comment requirements
that apply to the development of the original Plan. To facilitate public review and comment, as
well as ETA review of the modified Plans, ETA recommends that states submitting a modified
Plan integrate the proposed modifications into the existing Plan following the format provided
in either the Stand-Alone Planning Guidance (73 FR 72853, Dec. 1, 2008) or Unified Planning
Guidance (73 FR 73730, Dec. 3, 2008), and attach a list to identify those portions of the Plan
that have been modified.

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In keeping with ETA’s efforts to promote transparency, states that are extending the life of their
existing Plan by one year are encouraged to notify the public of their intent, and make the
current Plan available to the public. Providing an opportunity for meaningful public input and
comment during the development and life of the State Plan is a critical part of the strategic
planning process. The WIA regulations at 20 CFR 661.420(c)(5)(iv) require that states provide
meaningful public comment for new waiver plans as well. ETA also encourages states to notify
the public of their intent to extend current waivers.

8. Local Plan Development. Under 20 CFR 661.355, each Governor sets the policy for when
a Local Plan must be modified, such as significant changes in local economic conditions and
changes in financing available for WIA Title I and partner-provided WIA services. States
maintain the option to review their Local Plan modification policy, and to require that Local
Plans be modified according to state policy. Local Plans are important for guiding local
decision-making and investments, and ETA encourages states to provide timely guidance to
local areas for developing Local Plans. ETA also encourages regular state review of locally-
developed plans for sound strategy and responsiveness to state guidance and local economic
conditions. ETA reviews Local Plans during site visits as part of WIA formula grant
monitoring.

9. Guidance for Unified State Plans. States are authorized to submit Unified Plans under
Title V, Section 501 of WIA, and the Unified Planning Guidance facilitates the development
and submission of such plans. As indicated in Section 4.A, ETA will consider the WIA
legislative requirement that states have a State Plan in place to be met by approving requests
from states for an extension of their current WIA/W-P State Plan for an additional year. This
approval does not apply to the other programs included in a state’s Unified Plan. ETA does not
have the authority to approve portions of a Unified Plan that relate to programs or activities for
which other Federal agencies exercise administrative authority.

As indicated in Section 4.B, states can submit a modification request that covers PY 2011 for
the WIA/W-P portions of the Unified Plan. States submitting a modification of a Unified Plan
or submitting a Unified Plan for the first time should follow the Unified Planning Guidance (73
Fed. Reg. 73730, Dec. 3, 2008). As indicated in the Guidance, the Federal Coordinator will
ensure that each Federal agency whose program is included in the state’s Unified Plan, and the
appropriate ETA Regional Office, receives copies of the Unified Plan as modified.

Currently, only three states have Unified Plans in place. ETA encourages all states to develop a
Unified Plan to better align and leverage resources for jobseekers and employers. The benefits
of unified planning include achieving efficiencies and cost savings in delivering government
services, improving the level and scope of government services available to citizens, and
developing more comprehensive solutions to workforce challenges within states.

States with questions related to submitting a modification using the Unified Planning Guidance
should contact their Regional Office or the Federal Coordinator for Plan Review and Approval
(contact information is provided in Section 6). Any state that does not currently have a Unified
Plan and intends to move from a stand-alone Plan to a Unified Plan for PY 2011 should advise
the Federal Coordinator and Regional Administrator of its intention upon receipt of this TEGL.




                                                7
10. Negotiation of Levels of Performance. In 2010, states had the option of continuing to
use the goals negotiated for PY 2009 or negotiating new performance goals for PY 2010. A
similar policy will prevail for PY 2011. States may continue to use the PY 2010 goals, or
negotiate some or all of the goals for PY 2011. This includes goals for WIA and Wagner-
Peyser programs. States that choose to extend their negotiated PY 2010 goals for an additional
year should notify the appropriate Regional Administrator of their intention. If a state wishes to
negotiate new goals, the state must submit proposed levels of performance to the appropriate
Regional Administrator. Those states submitting a modification that covers PY 2011 can
include the proposed levels with the modification request.

The Regional Administrator’s letter advising the state of the agreed-upon goals will constitute a
modification to the State Plan. For subsequent revisions to performance goals during the life of
the State Plan, the Regional Administrator’s letter advising the state of the agreed upon goals
will also constitute a modification to the State Plan. The state must ensure that the agreed-upon
goals are included in the state’s official copy of the State Plan, and that any published State
Plan, on the state’s Web site or through other forums, includes the agreed upon goals. ETA
will incorporate the agreed-upon goals into the Regional and National Office copies of the State
Plan.

States should also note that the proposed levels of performance are subject to the same public
review and comment requirements that apply to State Plans and Plan modifications. When the
state submits the proposed levels to ETA, the state should confirm that it has made the proposed
levels available to the public for review and comment. States that choose to extend their
negotiated PY 2010 goals for an additional year are encouraged to notify the public of their
intent.

A group of states has volunteered to work with ETA on an implementation strategy for using a
regression model as part of the negotiations process. The work of this pilot continues, and ETA
is determining how best to implement the use of regression model goals at the state level.

Further guidance about the negotiation of performance goals for PY 2011 and the use of
regression-adjusted goals will be issued separately. Guidance regarding the negotiation of
measures of One-Stop Career Center services to veterans, and specific outcome measures for
the staff supported by the Jobs for Veterans State Grants will be issued separately by the
Veterans’ Employment and Training Service.




                                               8
11. State Planning for PY 2012 and Beyond. ETA intends to update the State Planning
Guidance for the PY 2012 planning cycle. Should WIA be reauthorized, ETA’s guidance will
reflect the new legislative requirements and priorities. Otherwise, ETA will update the
guidance within its current legislative authority. ETA’s goals in revising its planning guidance
are to facilitate state planning that: 1) emphasizes state strategy over compliance, 2) includes
active involvement from state and local workforce investment boards, 3) more readily lends
itself to strategic discussions among One-Stop partners, and 4) moves more states toward
developing a Unified Plan as envisioned in WIA. ETA efforts will focus on simplifying
planning questions and streamlining the paperwork requirements to facilitate the focus of state
planning on the above listed goals. ETA is also examining other enhancements to the planning
process, including introducing incentives for conducting unified planning and exploring
flexibility related to submission deadlines.

12. Tools and Resources. ETA maintains web-based resources that may facilitate the
development of State Plans and/or modifications. ETA posts WIA/W-P strategic planning
resources online at www.doleta.gov/usworkforce/wia-planning and waiver-related resources at
http://www.doleta.gov/waivers. We also encourage states to take advantage of the information
available at Workforce3one, an interactive knowledge sharing and learning platform, available
at www.workforce3one.org.

13. Inquiries. Please direct questions regarding this notice and instructions to the appropriate
Regional Office. States may also submit questions on the planning or waiver approval process
by e-mail to [email protected]. Responses to questions raised about the content of this TEGL
will be posted at www.doleta.gov/usworkforce/wia-planning.

14. Attachments.

     Attachment A: Sample of Program Administration Designees and Plan Signatures page in
      State Plans
     Attachment B: Agricultural Outreach Plan Information Potentially Included in State Plan




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Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL_17-10_A1.pdf

Attachment A

       PROGRAM ADMINISTRATION DESIGNEES AND PLAN SIGNATURES



Name of WIA Title I Grant Recipient Agency:________________________________

Address: ________________________________________________________________

         ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________



Name of State WIA Title I Administrative Agency (if different from the Grant Recipient):

_______________________________________________________________________

Address: ________________________________________________________________

         ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________



Name of WIA Title I Signatory Official:______________________________________

Address: ________________________________________________________________

         ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________



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Name of WIA Title I Liaison:_______________________________________________

Address: ________________________________________________________________

        ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________



Name of Wagner-Peyser Act Grant Recipient/State Employment Security Agency:

________________________________________________________________________

Address: ________________________________________________________________

        ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________



Name and Title of State Employment Security Administrator (Signatory Official):

________________________________________________________________________

Address: ________________________________________________________________

        ________________________________________________________________

Telephone Number:_______________________________________________________

Facsimile Number:________________________________________________________

E-mail Address:__________________________________________________________




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As the governor, I certify that for the State/Commonwealth of __________________, the

agencies and officials designated above have been duly designated to represent the

State/Commonwealth in the capacities indicated for the Workforce Investment Act, title I, and

Wagner-Peyser Act grant programs. Subsequent changes in the designation of officials will be

provided to the U.S. Department of Labor as such changes occur.



I further certify that we will operate our Workforce Investment Act and Wagner-Peyser Act

programs in accordance with this Plan and the assurances herein.



Typed Name of Governor___________________________________________________




Signature of Governor_________________________________ Date________________




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Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL_17-10_AII.pdf

Attachment B

         Agricultural Outreach Plan Information Potentially Included in State Plan

The Wagner-Peyser (W-P) regulations require states to submit agricultural outreach plans that
must include certain information, some of which may already be included in state responses to
current WIA/W-P planning guidance. This table indicates where in the WIA/W-P State Plan a
state may wish to include information typically included in an agricultural outreach plan.

This table is meant as a reference tool, and does not infer that all elements of the agricultural
outreach plan must be included in a WIA/W-P State Plan. However, ETA encourages states to
consider how to integrate some or all agricultural outreach plan information into the WIA/W-P
State Plan.

    Ag Outreach Plan Requirements                         WIA/Wagner-Peyser
        (from 20 CFR 653.107(c))                           Planning Guidance
(1) Assessment of need. This assessment       IX.C.4.e. How is the State’s workforce
of need shall include:                        investment system working collaboratively
                                              with business and industry and the
                                              education community to develop strategies
                                              to overcome barriers to skill achievement
                                              and employment experienced by …
                                              migrant and seasonal farmworkers … and
                                              to ensure they are being identified as a
                                              critical pipeline of workers?
(i) A review of the previous year's           IV.A. What is the current makeup of the
agricultural activity in the State.           State’s economic base by industry?
(ii) A review of the previous year's          IV.F. What are the current and projected
Migrant Season Farm Worker (MSFW)             demographics of the available labor pool
activity in the State.                        (including the incumbent workforce) both
                                              now and over the next decade?

                                              IV.G. Is the State experiencing any “in
                                              migration” or “out migration” of workers
                                              that impact the labor pool?
(iii) A projected level of agricultural       IV.B. What industries and occupations are
activity in the State for the coming year.    projected to grow and/or decline in the
                                              short term and over the next decade?
(iv) A projected number of MSFWs in the       IV.F. What are the current and projected
State for the coming year, which shall take   demographics of the available labor pool
into account data supplied by WIA 167         (including the incumbent workforce) both
National Farmworker Jobs Program              now and over the next decade?
grantees, other MSFW organizations,
employer organizations and Federal and/or     IV.G. Is the State experiencing any “in
State agency data sources such as the         migration” or “out migration” of workers
Department of Agriculture and the United      that impact the labor pool?
States Employment Service.



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(v) A statement of the consideration given   Plan Development process.1. Include (a) a
to the State Monitor Advocate's              discussion of the involvement of the
recommendation as set forth in the annual    governor and the State Board in the
summary developed under §653.108(t).         development of the Plan, and (b) a
                                             description of the manner in which the
                                             State Board collaborated with economic
                                             development, education, the business
                                             community and other interested parties in
                                             the development of the State Plan.
                                             (§112(b)(1).)

                                            Plan Development process.2. Include a
                                            description of the process the State used to
                                            make the Plan available to the public and
                                            the outcome of the State’s review of the
                                            resulting public comments. (§§111(g),
                                            112(b)(9).)
(2) Assessment of available resources. This V.A. Identify how the State will use WIA
assessment of the resources available for   title I funds to leverage other Federal,
outreach shall include:                     State, local, and private resources in order
(i) The level of funds available from all   to maximize the effectiveness of such
sources, including the funds specifically   resources and to expand the participation
made available to the State agency for      of business, employees, and individuals in
outreach.                                   the statewide workforce investment
(ii) Resources made available through       system.
existing cooperative agreements with
public and private community service        IX.C.4.a. Describe the State’s strategies to
agencies and MSFW groups.                   ensure that the full range of employment
(iii) Where fewer resources are available   and training programs and services
for outreach than in a prior year, a        delivered through the State’s One-Stop
statement of why fewer resources are        delivery system are accessible to and will
available.                                  meet the needs of …migrant and seasonal
                                            farmworkers…
(3) Proposed outreach activities. The       IX.C.4.i. Describe the State’s strategies to
proposed outreach activities shall be       enhance and integrate service delivery
designed to meet the needs determined       through the One-Stop delivery system for
under paragraph (c)(1) of this section with migrant and seasonal farmworkers and
the available resources determined under    agricultural employers. How will the State
paragraph (c)(2) of this section. The plan  ensure that migrant and seasonal
for the proposed outreach activities shall  farmworkers have equal access to
include:                                    employment opportunities through the
(i) Numerical goals for the number of       State’s One-Stop delivery system? Include
MSFWs to contact during the fiscal year     the number of migrant and seasonal
by Employment Service (ES) staff. The       farmworkers the State anticipates reaching
number of MSFWs planned to be               annually through outreach to increase their
contacted by other agencies under           ability to access core, intensive, and
cooperative arrangements during the fiscal training services in the One-Stop Career
year also should be included in the plan.   Center System.
These numerical goals shall be based on
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the number of MSFWs estimated to be in
the State in the coming year, taking into
account the varying concentration of
MSFWs during the seasons in each
geographic area, the range of services
needed in each area and the number of ES
and/or cooperating agency staff who will
conduct outreach.
(ii) Numerical goals for the staff years to
be utilized for outreach during the fiscal
year.
(iii) The level of funding to be utilized for
outreach during the fiscal year.
(iv) The tools which will be used to
conduct outreach contacts, including
personal contact, printed matter,
videotapes, slides, and/or cassette
recordings.
(v) The records to be maintained by the
ES outreach staff—logs of daily contacts
to include the number of MSFWs
contacted and assistance provided. The
name of the individual contacted should be
recorded when:
(A) An application for work is taken by an
outreach worker,
(B) A referral to a job is made by an
outreach worker, and/or
(C) A complaint is taken by an outreach
worker.
(20 CFR 653.107(d)) In developing the           IX.C.4.e. How is the State’s workforce
outreach plan, the State agency shall solicit   investment system working collaboratively
information and suggestions from WIA            with business and industry and the
167 National Farmworker Jobs Program            education community to develop strategies
grantees, other appropriate MSFW groups,        to overcome barriers to skill achievement
public agencies, agricultural employer          and employment experienced by …
organizations, and other interested             migrant and seasonal farmworkers … and
organizations. In addition, at least 45 days    to ensure they are being identified as a
before submitting its final outreach plan to    critical pipeline of workers?
the Regional Administrator, the State
agency shall provide a proposed plan to         Plan Development process.1. Include (a) a
WIA 167 National Farmworker Jobs                discussion of the involvement of the
Program grantees, public agencies,              governor and the State Board in the
agricultural employer organizations, and        development of the Plan, and (b) a
other organizations expressing an interest      description of the manner in which the
and allow at least 30 days for review and       State Board collaborated with economic
comment. The State agency shall:                development, education, the business
(1) Consider any comments received in           community and other interested parties in
formulating its final proposed plan.            the development of the State Plan.
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(2) Inform all commenting parties in         (§112(b)(1).)
writing whether their comments have been
incorporated and, if not, the reasons        Plan Development process.2. Include a
therefore.                                   description of the process the State used to
(3) Transmit the comments and                make the Plan available to the public and
recommendations received and its             the outcome of the State’s review of the
responses to the Regional Administrator      resulting public comments. (§§111(g),
with the submission of the plan. (If the     112(b)(9).)
comments are received after the
submission of the plan, they may be sent
separately to the Regional Administrator.)




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