EMPLOYMENT AND TRAINING ADMINISTRATION
ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR
Washington, D. C. 20210

CLASSIFICATION

WIA/Performance Levels

CORRESPONDENCE SYMBOL

OWS

ISSUE DATE

February 12, 2002

RESCISSIONS

 

EXPIRATION DATE

Continuing

DIRECTIVE

:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 11-01

 

TO

:

ALL STATE WORKFORCE LIAISONS
ALL STATE WORKFORCE AGENCIES
ALL STATE WORKER ADJUSTMENT LIAISONS
ALL ONE-STOP CENTER SYSTEM LEADS

 

FROM

:

EMILY STOVER DeROCCO
Assistant Secretary

 

SUBJECT

:

Guidance on Revising Workforce Investment Act (WIA) State Negotiated Levels of Performance

 

  1. Purpose. This guidance letter describes criteria and procedures the Department of Labor (DOL) will use when considering state requests to revise negotiated levels of performance established under title I-B of WIA.

  2. References. The Workforce Investment Act of 1998, section 136; 20 CFR part 666; 20 CFR 661.230(b)(2); Training and Employment Guidance Letter (TEGL) No. 8-99, March 3, 2000.

  3. Background. Under WIA title I, subtitle B, each state workforce agency must negotiate expected levels of performance with the Department for the adult, dislocated worker, and youth programs, as well as customer satisfaction (a total of 17 measures).

    Section 136(b)(3)(A)(vi) of the Act permits each Governor to request revisions to the state negotiated levels of performance in the event "unanticipated circumstances arise in a state resulting in a significant change in the factors" described in section 136(b)(3)(A)(iv)(II) of the Act. These factors include the economic conditions for the state, the characteristics of participants, and the services provided to participants.

    In September 2001, the Department's Employment and Training Administration (ETA) convened a meeting of state and local representatives to explore criteria for revising state negotiated levels of performance. A workgroup, created as a result of this meeting, then provided additional input over the next two months. This guidance letter largely reflects the contributions of the stakeholders involved in these forums.

  4. Policy on Requesting Revisions. The Department views the process of establishing and revising negotiated levels of performance as a way to promote performance accountability and continuous improvement. The Governor may request a revision to one or more negotiated performance levels at any time prior to the end of the program year for which the revised level(s) would apply. This policy allows adjustments to negotiated performance goals in order to account for changes in economic conditions, changes in the characteristics of the participants served by the program, and changes in service delivery design. The Department expects a request for revisions to performance levels to be submitted by a state workforce agency as soon as possible after the identification of the unanticipated circumstance. The Department will not consider requests to revise PY 2000 state negotiated levels of performance.

  5. Submitting Requests for Revised Levels of Performance. Each request submitted by a state workforce agency for a revision to one or more performance levels will be reviewed by the ETA Regional Office based on its own merits.

  6. ETA's Review Process. When determining whether sufficient information is available to document and satisfy the three conditions, the ETA Regional Office will look for:

  7. Action. States should distribute this guidance letter to all officials within the state who need such information to implement the performance accountability policies under the WIA.

  8. Inquiries. Questions concerning this issuance should be directed to your appropriate ETA Regional Office

  9. Attachment. Attachment I - Relating the Three Conditions for Revising Levels of Negotiated Performance; Attachment II - The Weighted Average Approach to Revising Levels of Negotiated Performance.