Federal Register

Tuesday, April 12, 2005

Part IV

Department of Labor
Employment and Training Administration
Workforce Investment Act: Revisions to the Workforce Investment Act Title I, Wagner
Peyser Act and the Senior Community Service Employment Program Unified Planning
Guidance; Notice
 customer needs; deliver integrated, public investments in workforce
DEPARTMENT OF LABOR
user-friendly services; and are development need to be strategic.
Employment and Training accountable to the customers and the Strategies for investment need to
Administration public. embrace new methods of engagement
with strategic partners as well as new
Workforce Investment Act: FOR FURTHER INFORMATION
service delivery paradigms that
Revisions to the Workforce CONTACT: Ms. Gay Gilbert,
address the ever-changing economy
Investment Act Title I, Wagner Administrator, Office of Workforce
and labor market. Innovation and
Peyser Act and the Senior Investment, U.S. Department of
technology are continuously
Community Service Employment Labor, 200 Constitution Avenue,
changing the nature of work at an
Program Unified Planning N.W., Room S4231, Washington, DC
accelerated pace. Therefore, the
Guidance; Notice 20210. Telephone: (202) 693–3980
strategic planning process for
(voice) (This is not a toll free
workforce investment must be
number) or (202) 693–7755 (TTY).
dynamic, fluid, and future oriented.
AGENCY: Employment and Information may also be found at the
Training Administration, Department Web site— The Workforce Investment Act
of Labor. (WIA) of 1998 created dramatic
http://www.doleta.gov/usworkforce.
changes to the workforce system.
ACTION: Notice. With the overarching goal to
DATES: The effective date of this
document is April 12, 2005. Due date streamline, consolidate, and integrate
for Plan submission is May 31, 2005. a wide array of employment and
SUMMARY: The purpose of this training programs, system changes
notice is to provide interested parties SUPPLEMENTARY spanned every facet of operation
with the revisions to portions of the INFORMATION: The Workforce
including governance, administration
“Workforce Investment Act: Final Investment Act (WIA or Act), Pub. L.
and funding, and service delivery.
Unified Planning Guidance: Notice” 105–220 (August 7, 1998) provides The vision is for an integrated
related to title I of the Workforce the framework for a reformed public
workforce investment system better
Investment Act of 1998, the Wagner workforce investment system able to respond to the needs of its
Peyser Act and the Senior designed to meet the needs of the
customers. The framework of the
Community Service Employment nation’s employers, job seekers and
Workforce Investment Act embodies
Program (SCSEP) under title V of those who want to further their
principles that remain critical to the
the Older Americans Act, for use by careers. This document updates the strategic planning process in today’s
States. The Department is DOL provisions of the interagency
economy.
anticipating the reauthorization of the planning guidelines for the State
Workforce Investment Act (WIA) Unified Plans under sec. 501 of the Since the passage of WIA, the
within the next two years. Therefore, Act, to provide guidance for states workforce investment system broadly
the Employment and Training which choose to submit a Unified has made great strides in
Administration (ETA) is requiring Plan to meet the WIA title I State implementing the principles
revisions to the Unified Plan related Plan requirements for PY 2005 and described above. However, there
to WIA and Wagner-Peyser only for 2006. Options for programs funded remains significant opportunity for
the first two years of the five-year by the U.S. Department of Education States and local areas to utilize the
planning cycle. For SCSEP, States that are included in a State’s Five- framework of WIA to realize the
have the option of submitting a two- year Strategic Unified Plan also are vision these principles reflect. The
year plan as well. “Options for discussed in this notice. changes in the WIA State Planning
programs funded by the U.S. process reflected in this document
In the context of the 21st century
Department of Education that are are intended to facilitate a realization
innovation economy, the public
included in a State’s Five-year of that vision as well as to set the
workforce investment system has a
Strategic Unified Plan also are stage for the planning process in the
critical role to play at every level—
discussed in this notice.” context of the 21st century economy.
local, State, and Federal—to ensure a
The Unified Planning Guidance skilled and competitive workforce. The Department of Labor sees as
and Instructions provide a framework To effectively drive the economic one of its primary roles providing
for the collaboration of Governors, growth of our communities and the leadership and guidance to support a
Local Elected Officials, businesses nation and to provide the workers of system that meets the objectives of
and other partners to continue the this country with the right skills and Title I of WIA, and in which State
development of workforce opportunities for good jobs with and local partners have flexibility to
investment systems that address good pay and career pathways, the design systems and deliver services
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

in a manner designed to achieve the H. Inquiries Part II. National Part IV. Certifications and
goals for WIA based on their Strategic Direction Assurances Attachments
particular needs. In the context of the
A. Vision and Goals related to WIA A. ETA Regional Administrators
21st century innovation economy, the
Title I and Wagner Peyser
workforce investment system has a B. Unified Plan Activities and
critical role to play at every level— B. Demand-driven Workforce Program Checklist
local, State, and Federal—to ensure a Investment System
skilled and competitive workforce.
C. System Reform and Increased
To effectively drive the economic State Unified Plan Planning
Focus on Training
growth of our communities and the Guidance
nation and to provide the workers of D. Enhanced Integration through
this country with the right skills and A. Statement of Purpose
One-Stop Delivery System
opportunities for good jobs with The purpose of this document is to
good pay and career pathways, the E. New Vision for Serving Youth
provide guidance to States which
public investments in workforce Most In Need
submit a State Unified Plan
development need to be strategic. F. A Stronger Workforce authorized by title V, section 501 of
Strategies for investment need to Information System the Workforce Investment Act of
embrace new methods of engagement 1998 (WIA). The State Unified Plan
with strategic partners as well as new G. Effective Utilization of Faith-
Planning Guidance facilitates the
service delivery paradigms that based and Community Based
development and submission of such
address the ever-changing economy Organizations
a plan, which addresses two or more
and labor market. Innovation and H. Increased Use of Flexibility of the programs or activities
technology are continuously Provisions in WIA specified at WIA Section 501(b)(2).
changing the nature of work at an This planning guidance updates the
accelerated pace. Therefore, the I. Performance Accountability and
requirements for the WIA/ Wagner
strategic planning process for Implementation of Common
Peyser Act and SCSEP portions of
workforce investment must be Performance Measures
the Unified Plan. Options for
dynamic, fluid, and future oriented. Part III. United Planning Instructions programs funded by the U.S.
Signed at Washington, DC, this 5th Department of Education that are
A. State Vision and Priorities included in a State’s Five-year
day of April, 2005.
B. One-Stop Delivery System Strategic Unified Plan also are
Emily Stover DeRocco, discussed in this notice. Minor
C. Plan Development and reference updates have been made
Assistant Secretary of Labor, Implementation for other programs authorized to be
Employment and Training
D. Needs Assessment included in the Unified Plan.
Administration.
Therefore, States that choose to
E. State and Local Governance update the WIA/Wagner Peyser
F. Funding and/or SCSEP portions of a Unified
Table of Contents
Plan need only submit the updated
Part I. State Planning Instructions G. Activities to Be Funded Plan meeting the WIA/Wagner
H. Coordination and Non- Peyser and/or SCSEP requirements
A. Statement of Purpose
Duplication of this document. States that choose
B. Background to submit a new Unified Plan for PYs
I. Special Populations and Other 2005–2007 for programs other than
C. Section 501 Programs and Groups SCSEP, title I of WIA and the
Activities
J. Professional Development and Wagner Peyser Act, will continue to
D. Submission of State Unified System Improvement use the guidance and instructions
Plans contained in this document, which
K. Performance Accountability have not been revised.
E. Federal Government Review
and Approval of Unified Plan L. Data Collection An approved Workforce
M. Corrective Action Investment Plan is required in order
F. How to Use “Attachment B” for States to receive formula
G. Modifications to State Plan N. Waiver and Work-Flex Requests allotments under WIA title I and the
Wagner Peyser Act. The current
Workforce Investment Plans expire
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

June 30, 2005. The Department of www.ed.gov/policy/sectech/guid/cte/ The Unified Plan requirements for
Labor is anticipating the memo011405.doc See also Guide for other programs remain the same as
reauthorization of WIA within the the Development of a State Plan under those outlined in the January 14,
next two years. To meet the the Adult Education and Family 2000 version of this document (65
requirements of WIA and Wagner Literacy Act (OMB Control number Federal Register 2464).
Peyser that States must have 1830–0026).
C. Section 501 Programs and
approved Plans in place to receive
The U.S. Department of Education Activities
allotments, the Employment and
anticipates that States will choose the
Training Administration (ETA) is Below is a listing of the programs
option of extending their existing
requiring States to only develop a and activities covered in Section 501
subsections of the currently approved
Plan for the first two years of the of WIA, along with the commonly
unified State plans with only the
five-year strategic planning cycle. used name. In this document, we
revisions discussed in the above-
This will allow States to strategically generally refer to the activities and
referenced guidance. However, any
approach their workforce investment programs by their commonly used
State that chooses to submit new
policies for the immediate future, names. Should State staff need
subsections related to the Perkins III
without requiring a full five-year information on the programs listed, a
or AEFLA programs in its unified
unified plan, in light of the staff contact is provided here also.
State plan submitted in accordance
anticipated reauthorization of WIA.
with this notice must fully comply  Secondary Vocational
States which choose to submit the
with all the planning, content, and Education programs (Perkins
WIA Title I/Wagner Peyser Plan as
other requirements that applied when III/Secondary) Note that
part of a Unified Plan must comply
the unified plan was originally inclusion of this program in
with the requirements of these
developed, adopted, and submitted. the Unified Plan requires prior
guidelines. Guidelines for the
These requirements are summarized approval of State legislature
submission of a stand-alone WIA title
together with references to the Administered by Department
I Plan are being issued separately.
underlying statutory and regulatory of Education, Office of
Options for programs funded by the requirements in the second section of Vocational and Adult
U.S. Department of Education. With this notice. With respect to the Education. Staff Contact:
respect to the programs originally Perkins III programs, for example, Jennifer Brianas: 202–245–
authorized by the Carl D. Perkins these requirements include State 7808 (phone); 202–245–7837
Vocational and Technical Education consultation of required parties and (fax); (E-mail:
Act of 1998 (Perkins III) and the Adult entities, public hearings, and [email protected]).
Education and Family Literacy Act adoption of the new State plan by the
(AEFLA), the U.S. Department of eligible agency, i.e., the State board  Postsecondary Vocational
Education already has issued guidance that is the sole State agency Education programs (Perkins
to States that discusses the option of responsible for the administration, or III/ Postsecondary)
extending the existing State plans with the supervision of the administration, Administered by Department
certain necessary revisions. This option of the State’s vocational and of Education, Office of
of extending the existing plan applies technical education program. With Vocational and Adult
as well to any subsections of a unified respect to the AEFLA program, for Education. Staff Contact:
State plan that are related to programs example, these requirements include Jennifer Brianas: 202–245–
under either Perkins III or AEFLA. A conducting a needs assessment. 7808 (phone); 202–245–7837
State’s request to extend subsections of (fax); (E-mail:
B. Background
a unified plan must be submitted [email protected]).
directly to the U.S. Department of The State Unified Plan Planning
Education and is due April 15, 2005, Guidance provides a framework for  Tech-Prep Education (Title II
for Perkins III programs and April 1, the collaboration of Governors, Local of Perkins III) Administered
2005, for AEFLA programs. See Elected Officials, businesses and by Department of Education,
Program Memorandum other partners to design and build Office of Vocational and Adult
OVAE/DHSPCE FY 2005–03, workforce investment systems that Education. Staff Contact:
Guidance for Submission of State Plan address customer needs; deliver Jennifer Brianas: 202–245–
Revisions, Budgets, and Proposed integrated, user-friendly services; and 7808 (phone); 202–245–7837
Performance Levels for Perkins Grant are accountable to the customers and (fax); (E-mail:
Awards (OMB Control number 1830– the public. Only provisions related to [email protected]).
0556), dated January 14, 2005, at the the SCSEP, WIA title I and Wagner
following Web site: http:// Peyser Act Plan have been changed.
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

 Activities authorized under 693–3015 (fax); (E-mail: Administration for Children

title I, Workforce Investment [email protected]). and Families. Staff Contact:
Systems (Workforce Robert M. Shelbourne: 202–
Investment Activities for
 Programs authorized under 401–5150 (phone); 202–205–
part B of title I of the 5887 (fax); (E-mail:
Adults, Dislocated Workers
Rehabilitation Act of 1973, [email protected]).
and Youth, or WIA title I)
other than section 112 of such
Administered by Department
of Labor, Employment and
Act (Vocational  Programs authorized under
Rehabilitation) Administered title V of the Older Americans
Training Administration. Staff
by Department of Education, Act of 1965 (Senior
Contact: Christine D. Kulick:
Rehabilitation Services Community Service
202–693–3045 (phone); 202–
Administration. Staff Contact: Employment Program, or
693–3015 (fax); (E-mail:
Jerry Abbott: 202–245–7251 SCSEP) Administered by
[email protected]).
(phone); 202– 245–7590 (fax); Department of Labor,
 Activities authorized under (E-mail: [email protected]) Employment and Training
title II of WIA, Adult Administration. Staff Contact:
Education and Family Literacy
 Programs authorized under Ria-Moore Benedict: 202–
chapters 41 and 42 of title 38, 693–3198 (phone); 202–693–
(Adult Education and Family
U.S.C., and 20 CFR 1001 and 3817 (fax); (E-mail:
Literacy Programs)
1005 (Veterans Programs, [email protected]).
Administered by Department
including Veterans
of Education, Office of
Vocational and Adult
Employment, Disabled  Training activities funded by
Veterans’ Outreach Program, the Department of Housing
Education. Staff Contact:
and Local Veterans’ and Urban Development under
Jennifer Brianas: 202–245–
Employment Representative the Community Development
7808 (phone); 202–245–7837
Program) Administered by Block Grants (CDBG) and
(fax); (E-mail:
Department of Labor, Public Housing Programs).
[email protected]).
Veterans’ Employment and Staff Contact: Christopher
 Food Stamp Employment and Training Service. Staff Lord: 202–708– 1506; Fax:
Training Program, or FSET Contact: Pamela Langley: 202–708–2706 (E-mail:
Administered by USDA, Food 202–693–4708 (phone); 202– [email protected]
and Nutrition Service. Staff 693–4755 (fax); (E-mail: ov).
Contact: Micheal Atwell: [email protected]).
703–305–2449 (phone); 703–
 Programs authorized under the
305–2486 (fax); (E-mail:
 Programs authorized under Community Services Block
State unemployment Grant Act (Community
[email protected]).
compensation laws Services Block Grant, or
 Activities authorized under (Unemployment Insurance) CSBG) Administered by
chapter 2 of title II of the Administered by Department Health and Human Services,
Trade Act of 1974 (Trade Act of Labor, Employment and Administration for Children
Programs) Administered by Training Administration. Staff and Families. Staff Contact:
Department of Labor, Contacts: William Coyne; Brandy RayNor: 202–205–
Employment and Training 202–693–3202 (phone); 202– 5926 (phone); 202–402–5718
Administration. Staff Contact: 693–3975 (fax); (E-mail: (fax); (E-mail:
Terry Clark: 202–693–3707 [email protected]); or [email protected]).
(phone); 202–693–3585 (fax); Delores Mackall: 202–693–
While the statute specifies that
(E-mail: [email protected]). 3183 (phone); 202– 693–3975;
States may submit a Unified Plan that
(E-mail:
includes “training activities” carried
 Programs authorized under the [email protected]).
out by HUD, for a number of
Wagner-Peyser Act
 Programs authorized under reasons, the Federal Partners agree
(Employment Service)
Administered by Department part A of title IV of the Social that the unique nature of HUD’s
Security Act (Temporary training activities warrants special
of Labor, Employment and
Training Administration. Staff Assistance for Needy Families treatment in a Unified Plan.
Contact: Stephanie Cabell: (TANF) administered by Accordingly, the final Unified Plan
202–693–2784 (phone); 202– Health and Human Services, guidance provides for informal
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

inclusion of HUD’s programs. Since of State Plan Revisions, Budgets, andonly required to send the Plan to the
HUD programs are generally funded Proposed Performance Levels for designated Federal Departmental
and implemented through local Perkins Grant Awards (OMB Control State Unified Plan Contact (hereafter,
communities, and HUD’s relevant number 1830–0556), dated January “Departmental Contact”). The
State formula grant programs are not 14, 2005, at the following Web site: Departmental Contact will be
specifically employment and training http://www.ed.gov/policy/sectech/gui responsible for ensuring that affected
programs, States that follow the final d/cte/memo011405.doc. See also agencies and appropriate Regional
Unified Planning guidance will not Guide for the Development of a State Offices in that Department receive
automatically receive funding for Plan under the Adult Education and copies of the Unified Plan. For
HUD’s formula programs through Family Literacy Act (OMB Control example, if a Unified Plan contains
their Unified Plans. However, to number 1830–0026). plans for both the Vocational
encourage States to think Rehabilitation and the Postsecondary
To reduce the reporting and
strategically about developing a Vocational Education programs, both
processing burden, States have the
comprehensive workforce investment of which are administered by
option of submitting their
system—including how that system different agencies within the United
WIA/Wagner-Peyser or SCESP
relates to the housing and workforce States Department of Education, the
Unified Plan to either
investment needs of the population State need only submit the Plan to
[email protected] or to the
receiving housing assistance—the the U.S. Department of Education
designated Federal Coordinator for
final guidance includes references to once, and it should be sent to the
Plan Review and Approval (hereafter,
HUD customers and services, as well Departmental Contact. Electronic
“Federal Coordinator”), depending
as local housing agencies, in the mail addresses for the Departmental
upon the submission option chosen
overarching questions pertaining to Contacts are as follows:
by the State (as discussed below).
the Unified Plan’s vision and goals,
The Federal Coordinator is Christine Department of Labor:
One-Stop service delivery, and needs
Kulick, e-mail:
assessment. [email protected]
[email protected]; phone:
D. Submission of State Unified Plans 202–693–3045. Her postal address is: Department of Education:
Division of One-Stop Operations,
1. Submission—Time Requirements [email protected]
Employment and Training
for Submission and Points of Contact
Administration, U.S. Department of Department of Health and Human
States have the option of Labor, 200 Constitution Ave., NW., Services:
submitting a Unified Plan to meet the Room S–4231, Washington, DC
20210, ATTN: Ms. Christine Kulick. [email protected]
requirements for submission of a
state Workforce Investment Plan for Department of Agriculture:
States are encouraged to send a
Program Year 2005 and 2006. Due to
single copy to [email protected]
the uncertainty relating to possible
[email protected] (which is
reauthorization of WIA, the Federal
managed by the Federal Coordinator) Department of Housing and Urban
Government is only requiring the Development:
or directly to the Federal Coordinator
submission of the first two program
who will be responsible for [email protected]
years of the WIA/Wagner Peyser
distributing the Plan to each Federal
portion of the five-year Unified Plan.
agency whose programs are included 2. Submission Options—Electronic,
The due date for submission of a CD– ROM or Hard Copy Format
in the Unified Plan. The Federal
Unified Plan covering the first two-
Coordinator will also provide a copy States have the option to submit
year period (July 1, 2005 through
of the Plan to the appropriate Unified Plans in an electronic, hard
June 30, 2007) is Tuesday, May 31,
Department of Labor (DOL) copy, or CD–ROM format. The
2005.
Regional Office. Federal Government is encouraging
A State’s request to extend
States have the option, however, of States to submit Unified Plans in
subsections of a unified plan related electronic format to reduce the
submitting their Unified Plans
to programs under either Perkins III
directly to each Federal Department reporting and process burden and to
or AEFLA must be submitted directly ensure timely receipt by each Federal
whose programs are included in the
to the U.S. Department of Education agency whose programs are included
Unified Plan, except for Perkins III
and is due April 15, 2005, for Perkins in the Unified Plan.
and AEFLA simple extensions,
III programs and April 1, 2005, for
which must be submitted to the U.S. Electronic submission. States can
AEFLA programs. See Program
Department of Education as stated submit a Unified Plan electronically
Memorandum OVAE/DHSPCE FY
above. States choosing this option are either by posting it on an Internet
2005–03, Guidance for Submission
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

Web site that is accessible to the submit a hard copy should submit start until all required components of
Department or by transmitting it one copy of the Plan (with an the Unified Plan have been received.
through electronic mail to the original signature) to Christine
E. Federal Government Review and
Department. Kulick, the Federal Coordinator for
Approval of Unified Plan
Plan Review and Approval (the
Posting Unified Plans on an
address is provided above). The Section 501(d)(2) of WIA States
Internet Web site. Under this option,
Federal Coordinator will ensure that that a portion of a State Unified Plan
a State need only post its Plan on an
Federal agencies whose programs are covering an activity or program is to
Internet Web site; inform the Federal
included in the Unified Plan, and the be considered to be approved by the
Coordinator through electronic mail
appropriate DOL Regional Office, appropriate Secretary at the end of
of the URL and the location of the
receive copies of the Plan. the 90-day period beginning on the
document on the Web site; provide
day the appropriate Secretary
contact information in the event of States submitting a Unified Plan on
receives the portion unless the
problems with accessing the Web CD–ROM should submit one copy of
appropriate Secretary makes a
site; and certify that no changes will the Plan to Christine Kulick, the
written determination, during the 90-
be made to the version of the Plan Federal Coordinator for Plan Review
day period, that the portion is not
posted on the Web site after it has and Approval. The Federal
consistent with the requirements of
been submitted to the Department, Coordinator will ensure that Federal
the Federal statute authorizing the
unless the Federal Coordinator or agencies whose programs are
activity or program or section
Federal agency overseeing the included in the Unified Plan, and the
501(c)(3) of WIA. However, for
portion to be changed grants prior appropriate DOL Regional Office,
Unified Plans that are submitted by
approval. The Federal Coordinator receive copies of the Plan. If the Plan
May 31, 2005, for the two-year
will ensure that Federal agencies on the CD–ROM does not include
planning period, July 1, 2005 through
whose programs are included in the the signature of the Governor on the
June 30, 2007, the Department of
Unified Plan, and the appropriate signature page, the State must submit
Labor is committed to completing its
DOL Regional Office, receive the separately an electronic signature or
review of those portions of the
relevant information: the URL and a signature page in hard copy. Plans
Unified Plan related to WIA/W–P
the location of the document on the submitted on a CD–ROM must be in
and SCSEP within 30 days, to allow
Web site; the contact information; Microsoft Word or PDF format.
States additional time to prepare the
and a copy of the statement certifying
It is important that States recognize Plan.
that there will be no changes.
that mail security requirements
The appropriate Secretary, or
Transmitting Unified Plans by implemented by the U.S. Postal
his/her representative, will advise the
electronic mail. Any State submitting Service can result in delays in
State by letter, as soon as possible,
its Plan by electronic mail should delivery of Plans whereas Federal
that the portion of the Unified Plan
send it to [email protected]. Express and United Parcel Service
over which his/her agency exercises
The Federal Coordinator, who deliveries have not been impacted.
administrative authority is approved
manages this site, will ensure that
States are encouraged to include a or disapproved. If the plan is not
Federal agencies whose programs are
table of contents at the beginning of approved, the appropriate Secretary,
included in the Unified Plan receive a
its State Unified Plan. This will or his/her representative, will advise
copy. The Federal Coordinator will
facilitate access by the public to its the State by letter that the portion of
also provide a copy to the appropriate
component parts and aid the Federal the Unified Plan over which his/her
DOL Regional Office.
Government in its review of the agency exercises administrative
Other considerations when using Unified Plan. States submitting a authority is not consistent with the
electronic submission. Unified Plan hard copy of their Plan are requirements of the Federal statute
certifications with electronic encouraged to provide an unbound authorizing the activity or program,
signatures are acceptable. If a State copy to facilitate duplication. or with section 501(c)(3) of WIA
chooses not to use an electronic Unified Plan, and clearly indicate the
The Federal Coordinator, without
signature, then the signature page reasons for disapproval and specify
regard to which option the State uses
must be submitted in hard copy. If a what additional information is
for submission, will confirm receipt
State chooses to submit its Unified required or what action needs to be
of the State Unified Plan within two
Plan by transmitting it through taken for the Unified Plan to be
workdays of receipt and indicate the
electronic mail, the State must submit approved.
date for the start of the review period.
it in Microsoft Word or PDF format.
When a State submits an incomplete F. How To Use “Attachment B”
Hard copy or CD–ROM Plan, the period for review will not
1. Forms for State Use
submission. States choosing to
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

In Attachment B you will find at any time. In general, it is directed to the staff contacts listed
three forms for use in submitting substantial changes to the Unified above.
your State Unified Plan. These forms Plan that require a modification, i.e.,
II. National Strategic Direction
are available for electronic any change that significantly impacts
download, along with this entire the operation of the state’s workforce A. Vision and Goals Related to WIA
guidance, at http:// investment system. Title I and Wagner Peyser
www.doleta.gov/usworkforce.
Plan modifications must be 1. The purpose of this portion of
a. Unified Plan Activities and submitted to the Federal Coordinator, this WIA and Wagner Peyser Unified
Programs Checklist: Please provide a who will ensure that Federal agencies Planning Guidance is to
list of the section 501 programs and whose programs are included in the communicate national direction and
activities you have included in your Unified Plan receive a copy, or to strategic priorities for the workforce
Plan. Use of this specific format is appropriate Federal agency, in investment system. Broadly, the
optional. accordance with the procedures of Federal goals for the workforce
the affected agency. Prior to investment system for this planning
b. Contact Information: Please
submission of the modification for cycle include:
provide the contact information
review and approval by the Federal
requested for each of the Section 501 a. Realizing the reforms envisioned
Government, the designated State
programs and activities that you have by the Workforce Investment Act
agency must circulate the
included in your Plan. Programs and including:
modifications among the other state
activities may be combined on one
and/or local agencies that may be i. Integrated, seamless service
form if they have the same contact
affected by the changes. Inclusion of delivery through comprehensive
information. Use of this specific
a program in the state Unified Plan One-Stop Career Centers;
format is optional.
does not remove the statutory
requirement for certain programs to ii. A demand-driven workforce
c. Plan Signature(s): Please
annually review the plan and submit system governed by business-led
provide the required signatures as
modifications as needed or to revise a Workforce Investment Boards;
appropriate for the programs and
activities you have included in your plan to reflect newly negotiated iii. Maximum flexibility in
State Unified Plan. Use of this performance levels. tailoring service delivery and making
specific format is optional, but the strategic investment in workforce
Modifications to the Unified Plan
wording on your signature page must development activities to meet the
are subject to the same public review
be identical to that provided here. needs of State and local economies
and comment requirements that apply
to the development of the original and labor markets;
2. Program Descriptions
plan. States should direct any iv. Customers making informed
Please respond fully to the general
questions about the need to submit a choices based on quality workforce
questions in the program descriptions
plan modification to the Federal information and accessing quality
section, as well as the additional
Coordinator, the Departmental training providers;
questions that relate to the programs
Contacts listed above, or to the
and activities that are included in v. Increased fiscal and performance
Regional Administrator or Regional
your State’s Unified Plan. accountability; and
Commissioner who exercises
3. Certifications and Assurances administrative authority over the vi. A youth program targeting out-
activity or program(s) impacted by of-school populations with increased
By signing the signature page(s), the modification. accountability for employment
you are assuring or certifying those
H. Inquiries and/or increased secondary and post-
items in the Certifications and
secondary education outcomes.
Assurances section that apply to the
General inquiries about the State
programs and activities you have b. Incorporating new statutory and
Unified Plan process may be directed
included in your State’s Unified Plan. regulatory program requirements that
to the Federal Coordinator for Plan
Review and Approval. The electronic have evolved since the passage of
G. Modifications
mail address for the Federal WIA, such as priority of service for
Modifications may be needed in Coordinator (Christine Kulick) is veterans as prescribed by the Jobs for
any number of areas to keep the [email protected]. The Veterans Act (Pub. L. 107–288),
Unified Plan a viable, living Federal Coordinator may be (38 U.S.C. 4215).
document over its two-year life. WIA contacted by phone at 202–693–
regulations permit states to modify 3045. Inquiries related to specific
their state workforce investment plan activities and programs can be
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

c. Providing the national strategic industries and sectors of the institutions that develop solutions to
priorities and direction in the American economy. The foundation workforce challenges; and
following areas: of this effort is partnerships that
d. Allocate training dollars to
include the workforce system,
i. Implementation of a demand- provide the skills and competencies
business and industry, and education
driven workforce system; necessary to support industry now
and training providers, that develop
and in the future.
ii. System reform to eliminate and implement a strategic vision for
duplicative administrative costs and economic development. Becoming 3. The workforce investment
to enable increased training demand-driven represents a major system is a catalyst that links
investments; transformation of this system, which, employers, economic development
for 40 years, has been primarily organizations, public agencies, and
iii. Enhanced integration of service
framed around individuals needs for the education community to build
delivery through One-Stop delivery
service rather than focusing on both and deliver innovative answers to
systems nationwide;
the needs of job seekers and the workforce challenges.
iv. A refocusing of the WIA youth business community.
4. Development of a demand
investments on out-of-school youth
2. To be successful, the workforce driven strategic plan requires
populations, collaborative service
investment system must begin today utilizing economic information and
delivery across Federal programs,
to prepare the workforce of analysis to drive strategic
and increased accountability;
tomorrow. Each year, the United investments, identifying strategic
v. Improved development and States invests approximately $15 partners, and designing effective
delivery of workforce information to billion into the workforce system. To service delivery systems. Some of the
support Workforce Investment ensure that this large investment is important elements of a demand-
Boards in their strategic planning and used effectively, it is imperative that driven strategic plan include the
investments; providing tools and all of the components of the following:
products that support business workforce system at the national,
a. Economic analysis is a
growth and economic development; State, and local levels become
fundamental starting point for a
and providing quality career demand-driven and contribute to the
demand-driven approach to
guidance directly to students and job economic well-being of communities
workforce investment. A wide array
seekers and their counselors through and the nation by developing a
of workforce information and data,
One-Stop Career Centers; qualified and competitive workforce.
including economic indicators, labor
Current job opportunities must be
vi. Faith-based and community- market information, census data,
known as well as where the good
based organizations playing an educational data, transactional data,
jobs will be in the future by (1)
enhanced role in workforce projections and data from the private
identifying the workforce needs in
development; sector, and one-on-one interviews
high-growth, high-demand and
with businesses needs to be collected
vii. Enhanced use of waivers and economically critical industries and
and analyzed.
workflex provisions in WIA to the necessary preparation required to
provide greater flexibility to States succeed in those occupations and (2) b. Workforce strategies that target
and local areas in structuring their understanding the workforce industries that are high growth, high
workforce investment systems; and challenges that must be addressed to demand and critical to the State
ensure a prepared and competitive and/or local economy are most likely
viii. Reporting against common workforce. This requires all of the to support economic growth and
performance measures across Federal key players in the State and local
provide individuals with the
employment and training programs. system, including Governors and opportunities to get good jobs with
B. Demand-Driven Workforce Local Elected Officials, State and good pay and career pathways.
Investment System Local Workforce Investment Boards
(WIBs), State Workforce Agencies, c. Strategic partnerships among the
1. The realities of today’s global and One-Stop Career Centers to: workforce investment system,
economy make it imperative that the targeted businesses and industries,
public workforce investment system a. Have a firm grasp of their State economic development agencies, and
be demand-driven, providing services and local economies; education and training providers
that prepare workers to take (including K–12) provide a strong
b. Strategically invest and leverage
advantage of new and increasing job their resources; foundation for identifying workforce
opportunities in high growth/high challenges and developing and
demand and economically vital c. Build partnerships between implementing innovative workforce
industry leaders and educational
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

solutions focused on a workforce States as part of their routine 3. The workforce system has had a
with the right skills. The workforce reporting under WIA. Some of these vision of integration for over a
system must be the catalyst for funds are wisely spent, but clearly decade, supported with the Federal
bringing these target partnerships more can be made available for investment in One-Stop Centers in
together. training. The President has called for the mid-1990s and later realized in
the system to double the number of statute with the passage of WIA.
d. A solutions-based approach that
individuals trained under major WIA Despite many efforts, the vision of
brings the right strategic partners and
grant programs. Through WIA seamless, integrated service delivery
resources to the table promotes a
reauthorization, additional reforms in remains unrealized in many areas. It
comprehensive analysis of workforce
support of these goals are anticipated. is still all too common to visit local
challenges and also provides the
areas across the nation and find a
synergy for successful, innovative 2. The WIA State Plan provides
One-Stop office within blocks of a
workforce solutions and the States with a platform to promote
separate “job service” or “affiliate”
opportunity to effectively leverage greater efficiencies in the workforce
office or a comprehensive One-Stop
workforce investment resources. system by articulating administrative
Center where programs are co-
policies for State and local
e. A demand-driven workforce located, but with little integration. In
governance processes. The State has
investment system ensures that the addition, there is often a lack of
multiple vehicles to increase
full array of assets available through consistency in policy and service
consolidation and integration of the
the One-Stop delivery system is delivery across workforce investment
infrastructure through policies,
available to support individual areas within a State, which causes
required practices, provision of
workers as well as to provide customer confusion and frustration.
technical assistance and monitoring.
solutions to workforce issues While there are real challenges to
The State also can articulate its goals
identified by business and industry. achieving the vision of integration, it
for expenditures of resources for
is a vision that can be realized. Due
f. Translating the demand for training in industries and occupations
to strong leadership, creativity, and
workers with the skills businesses critical to the State’s economy.
hard work at the State and local
need into demand-driven career
D. Enhanced Integration Through levels, a number of One-Stop Centers
guidance must be one of the human
One-Stop Delivery System have overcome turf issues and
resource solutions provided broadly
administrative challenges to offer
by the workforce investment system. 1. One of the primary expectations
integrated service delivery.
of the workforce system under the
5. The WIA and Wagner Peyser
WIA statutory framework is a 4. Strong State leadership has been
related Unified Planning guidance
seamless, integrated One-Stop identified as one of the key success
includes new language in support of
delivery system. The expectation for factors in achieving integration in
these principles which offers States
an integrated service delivery system One-Stop Centers. The WIA State
an opportunity, in the context of the
remains firmly embedded as a key Planning process offers a unique
State Planning process, to formally
principle of a demand-driven opportunity for the Governor and the
articulate demand-driven goals and
workforce system. State Workforce Investment Board to
strategies tailored to the unique needs
clearly articulate the State’s goals for
of the State. 2. The goal of integration is to
integration and to help remove any
ensure that the full spectrum of
C. System Reform and Increased barriers. The Employment and
community assets is used in the
Focus on Training Training Administration (ETA) is
service delivery system, and to
committed to working with States to
1. Workforce training is one of the support human capital solutions for support integration efforts.
major areas in which the President is businesses, industry and individual
focusing reform efforts. In April customers. Different programs fund E. New Vision for Serving Youth
2004, he challenged the workforce different types of services and serve Most In Need
investment system at the State and different populations. These unique
1. The Administration is
local levels to eliminate unnecessary program features in the system
committed to trying bold, innovative
overhead costs and simplify provide both breadth and depth to the
and flexible initiatives to prepare the
administration in order to preserve human capital solutions offered to
most at-risk and neediest youth for
more resources for training. The businesses and industry. However,
jobs in our changing economy. ETA,
system currently spends the assets go beyond program
in collaboration with the
approximately 30% of appropriated funding, and without integration of
Departments of Education, Health
funds each year on infrastructure and those assets, the system limits its
and Human Services, and Justice, has
“other” costs as currently reported by impact and success.
developed a new strategic vision to
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

more effectively and efficiently serve foster care, those aging out of foster role, States need to embrace a wide
out-of-school and those at risk of care, youth offenders, children of array of data sources, new strategies
dropping out-of-school (Training and incarcerated parents, homeless youth, for making it available to customers,
Employment Guidance Notice No. and migrant and seasonal farmworker and consider alternative ways to
3–04). Regional Youth Forums were youth. invest and leverage public and
conducted in the fall of 2004 that private resources to build the State’s
d. Improved Performance—Goal:
brought together State youth leaders workforce information system.
Key initiatives will be implemented
to develop similar partnerships at the
to assure that programs are Workforce information is critical
State level, and to begin to develop a
performance-based and focused on not only for driving the investments
common vision and action plan for
outcomes. of the workforce system, but it is also
implementing cross-agency State
a fundamental decision tool for the
approaches for serving the neediest 4. ETA has developed strategic
nation’s businesses, students,
youth. partnerships at the Federal level with
workers, parents, guidance
the Department of Education’s Office
2. Out-of-school youth (and those counselors, and education
of Vocational and Adult Education,
most at risk of dropping out) are an institutions. The development of
the Department of Health and Human
important part of the new workforce workforce information is the
Services’ Administration for Children
supply pipeline needed by businesses responsibility broadly of Governors,
and Families, and the Department of
to fill job vacancies in a knowledge- State workforce agencies, State
Justice’s Office of Juvenile Justice
based economy. WIA-funded youth agencies designated under WIA as
and Delinquency Prevention.
programs should connect these youth responsible for labor market
Through the State Planning process,
with quality secondary and post- information, State economic
Governors have the opportunity to
secondary educational opportunities development agencies, and Local
promote strategic partnerships across
and high-growth and other Workforce Investment Boards.
State agencies serving youth to
employment opportunities.
enhance service delivery and more G. Effective Utilization of Faith-
3. ETA’s new vision for serving effectively leverage available Based and Community-Based
youth will present challenges for how resources. ETA encourages Organizations
State and local WIA programs Governors to play a key leadership
1. President Bush signed Executive
interact and link with State and local role in enhancing intra-State
Order 13198 on January 29, 2001,
education and economic coordination among these agencies
with the goal of removing statutory,
development systems. To achieve this and to develop cross-agency
regulatory, and procedural barriers
vision, States should consider this approaches for serving youth. The
that prevent faith-based and
new strategic approach and WIA State Planning process is a
community organizations (FBCOs)
associated goals across four major vehicle for driving a Statewide youth
from participating in the provision of
areas: vision that ensures that previously
social services. The Department of
marginalized youth become an
a. Alternative Education—Goal: Labor Center for Faith-based and
important pipeline of workers.
Provide leadership to ensure that Community Initiatives, created under
youth served in alternative education F. A Stronger Workforce Information the Executive Order has worked
programs will receive a high quality System closely with ETA to help increase the
education that adheres to the State opportunities for FBCOs to partner
1. As discussed previously, a
standards developed in response to with the workforce investment
strong foundation of economic data
the No Child Left Behind (NCLB) system. As legal and regulatory
and workforce information, along
legislation. barriers have been removed, the
with the ability to analyze the data
Department of Labor has been
b. Demand of Business—Goal: The and transform it into easily
increasingly focusing on ways to
investment of WIA youth resources understood intelligence, is one of the
integrate FBCOs into the WIA
will be demand-driven, assuring that keys to effective strategic planning
system at the local level including:
youth obtain the skills needed by for a demand-driven workforce
businesses so that they can succeed investment system. To achieve that a. Expanding the access of faith-
in the 21st century economy. vision, the workforce system needs to based and community organizations’
move beyond traditional labor market clients and customers to the training,
c. Neediest Youth—Goal:
information strategies and develop a job and career services offered by the
Investments will be prioritized to
workforce information system that local One-Stop Centers;
serve youth most in need including
helps drive both economic
out-of-school youth (and those at risk b. Increasing the number of faith-
development and workforce
of dropping out of school), youth in based and community organizations
investment for the State. In their lead
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

serving as committed and active 1. Improved performance proposed revisions to reporting and
partners in the One-Stop delivery accountability for customer-focused record keeping requirements in
system. results is a central feature of WIA support of common measures in a
and remains a strategic priority for separate Federal Register Notice.
2. By integrating the workforce
the President and the Department of
system with the resources available 4. The common measures are an
Labor. In an effective accountability
through these organizations, the integral part of ETA’s performance
system, a clear link should exist
capacity of the workforce investment accountability system. ETA will
between the State’s program design
system to serve those most in need is continue to collect from states and
and the results achieved. The
significantly expanded. Continuing to grantees other data on program
performance information should be
promote integration of FBCOs activities, participants, and outcomes
available to and easily understood by
remains a focal point for the necessary for program management,
all customers, stakeholders, and
President and the Department of including data that support the
operators of the workforce
Labor. States are encouraged to existing WIA performance measures,
investment system.
incorporate strategies that include and to convey full and accurate
FBCOs into their State Plans. 2. To enhance the management of the information on the performance of
workforce system and the usability of workforce programs to policymakers
H. Increased Use of Flexibility
performance information, the and stakeholders.
Provisions in WIA
Department, in collaboration with
III. Unified Planning Instructions
For the workforce system to be other Federal agencies, has
successful in promoting business developed a set of common Note: The statutes cited in
prosperity and employment performance measures for Federally- parentheses refer to the authorizing
opportunities for workers, States funded training and employment legislation for each respective
must have the flexibility to design programs. The value of common program. This unified planning
innovative programs based on local measures is the ability to describe in guidance only relates to planning
need and labor markets. WIA as it a similar manner the core purposes of requirements; it does not affect the
exists today provides significant the workforce system—did people statutory and regulatory requirements
opportunities to States to obtain find jobs; did people stay employed; relating to other aspects of programs
waivers of statutory and regulatory and did earnings increase? included in the plan. References to
requirements that may impede Standardizing the definitions of the the Welfare-to-Work program have
achieving the State’s workforce outcomes across programs simplifies been deleted due to the expiration of
goals. Therefore, one of the key focal reporting. Coupled with valid and that program.
points as States move into a new accurate information, use of common
A. Vision and Priorities
planning cycle is to encourage States measures provides a greater ability to
to utilize the full range of flexibility compare and manage results. WIA/Wagner Peyser Plan
offered under WIA’s waiver and requirements:
3. It is ETA’s intent to begin data
workflex provisions. The workflex
collection in support of common 1. Describe the Governor’s vision
option has not been utilized by States
measures effective July 1, 2005, for for a Statewide workforce investment
and may offer the greatest range of
Program Year 2005. This was system. Provide a summary
opportunity for States. ETA is
recently announced in Training and articulating the Governor’s vision for
committed to sharing the waiver
Employment Guidance Letter 18–04, utilizing the resources of the
strategies States have utilized to date
“Announcing the soon-to-be- workforce system in support of the
and providing technical assistance to
published Proposed Revisions to State’s economic development that
States considering requesting
Existing Performance Reporting address the issues and questions
waivers. The State Unified Plan
Requirements for the Implementation below. States are encouraged to
provides a vehicle for the State to
of Common Measures for title I of attach more detailed documents to
identify waiver opportunities and to
the Workforce Investment Act expand upon any aspect of the
formally request waivers in concert
(WIA), the Wagner-Peyser Act summary response if available. (WIA
with overall strategic planning.
(Employment Service (ES)/ Labor § 112(a) and (b)(4)(A–C).)
Waivers may be requested at other
Exchange), the Trade Adjustment
times as well. 2. What are the State’s economic
Assistance Reform Act (TAA), and
title 38, chapter 41 Job Counseling, development goals for attracting,
I. Performance Accountability and
Training, and Placement Service retaining and growing business and
Implementation of Common
(Veterans’ Employment and Training industry within the State? (§ 112(a)
Performance Measures
Service (VETS)).” Prior to the and (b)(4)(A–C).)
effective date, ETA will publish
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

3. Given that a skilled workforce is B. One-Stop Delivery System and innovation that require
a key to the economic success of new skill sets for workers; or
1. Describe the State’s
every business, what is the
comprehensive vision of an  Industries that are new and
Governor’s vision for maximizing
integrated service delivery system, emerging and are expected to
and leveraging the broad array of
including the role each program grow.
Federal and State resources available
incorporated in the Unified Plan in
for workforce investment flowing (iv.) What strategies are in place to
the delivery of services through that
through the State’s cabinet agencies promote and develop ongoing and
system.
and/or education agencies in order to sustained strategic partnerships that
ensure a skilled workforce for the In answering this question, if your include business and industry,
State’s business and industry? Unified Plan includes: economic development, the
(§ 112(a) and (b)(4)(A–C).) workforce system, and education
(a) WIA Title I and Wagner-Peyser
4. Given the continuously partners (K–12, community colleges,
Act and/or Veterans Programs:
changing skill needs that business and others) for the purpose of
(i.) Identify how the State will use continuously identifying workforce
and industry have as a result of
WIA Title I funds to leverage other challenges and developing solutions
innovation and new technology, what
Federal, State, local, and private to targeted industries’ workforce
is the Governor’s vision for ensuring
resources in order to maximize the challenges? (§ 112(b)(8).)
a continuum of education and
effectiveness of such resources and to
training opportunities that support a (v.) What State strategies are in
expand the participation of business,
skilled workforce? (§ 112(a) and place to ensure that sufficient system
employees, and individuals in the
(b)(4)(A–C).) resources are being spent to support
Statewide workforce investment
5. What is the Governor’s vision training of individuals in high
system? (§ 112(b)(10).)
for bringing together the key players growth/ high demand industries?
(ii.) What strategies are in place to (§ 112(b)(4)(A) and
in workforce development including
address the national strategic 112(b)(17)(A)(i).)
business and industry, economic
direction discussed in Part I of this
development, education, and the (vi.) What workforce strategies
guidance, the Governor’s priorities,
workforce system to continuously does the State have to support the
and the workforce development
identify the workforce challenges creation, sustainability, and growth of
issues identified through the analysis
facing the State and to develop small businesses and support for the
of the State’s economy and labor
innovative strategies and solutions workforce needs of small businesses
market? (§ 112(a) and 112(b)(4)(D).)
that effectively leverage resources to as part of the State’s economic
address those challenges? (iii.) Based on the State’s economic strategy? (§ 112(b)(4)(A) and
(§ 112(b)(10).) and labor market analysis, what 112(b)(17)(A)(i).)
strategies has the State implemented
6. What is the Governor’s vision (vii.) How are the funds reserved
or plans to implement to identify and
for ensuring that every youth has the for Statewide activities used to incent
target industries and occupations
opportunity to develop and achieve the entities that make up the State’s
within the State that are high growth,
career goals through education and
high demand, and vital to the State’s workforce system at the State and
workforce training, including the local levels to achieve the Governor’s
economy? (§ 112(a) and
youth most in need, such as out of
112(b)(4)(A).) The State may want to vision and address the national
school youth, homeless youth, youth strategic direction identified in part I
consider:
in foster care, youth aging out of of this guidance? (§ 112(a).)
foster care, youth offenders, children  Industries projected to add a
of incarcerated parents, migrant and (viii.) Describe the State’s
substantial number of new
seasonal farmworker youth, and strategies to promote collaboration
jobs to the economy; or
other youth at risk? (§ 112(a).) between the workforce system,
 Industries that have a education, human services, juvenile
7. Given the labor shortage that significant impact on the justice, and others to better serve
will continue to increase over the overall economy; or youth that are most in need and have
next 25 years, describe the significant barriers to employment,
Governor’s vision for how it will  Industries that impact the and to successfully connect them to
ensure that older individuals receive growth of other industries; or education and training opportunities
workforce training that will prepare that lead to successful employment.
 Industries that are being
them to reenter the labor market and (§ 112(b)(18)(A).)
transformed by technology
become a workforce solution for
employers. (§ 112 (b)(17)(A)(iv).)
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

(ix.) Describe the State’s strategies C. Plan Development and State, consistent with section 111(g)
to identify State laws, regulations, Implementation of WIA, to provide an opportunity
policies that impede successful for public comment, including
1. Describe the methods used for
achievement of workforce comments by representatives of
joint planning and coordination of
development goals and strategies to business and representatives of labor
the programs and activities included
change or modify them. (§112(b)(2).) organizations, and input into
in the Unified Plan. (WIA
development of the Plan, prior to
(x.) Describe how the State will § 501(c)(3)(A).)
submission of the Plan.
take advantage of the flexibility
State Consultation with Local
provisions in WIA for waivers and (c) Adult Education and Family
Areas in Development of Plan: The
the option to obtain approval as a Literacy, describe the process that
authorizing statutes for many of the
workflex State pursuant to § 189(i) will be used for public participation
programs that may be included in a
and § 192. and comment with respect to the
Unified Plan require that the State
AEFLA portion of the Unified Plan.
2. Describe the actions the State Plan be developed in consultation
(§224(b)(9).)
has taken to ensure an integrated with various public and private
One-Stop service delivery system entities, as well as members of the (d) TANF, the State shall make
Statewide. (§§ 112(b)(14) and 121).) general public. Some statutes also available to the public a summary of
require formal public hearings. any Plan or Plan amendment
a. What State policies and
Depending upon the programs that a submitted by the State under this
procedures are in place to ensure the
State chooses to include in its section. With respect to the TANF
quality of service delivery through
Unified Plan, it may be possible for plan design, local governments and
One-Stop Centers such as
the State to satisfy many of these private sector organizations have
development of minimum guidelines
consultation requirements through a been consulted regarding the plan
for operating comprehensive One-
single set of processes. For example, and design of welfare services in the
Stop Centers, competencies for One-
both WIA Title I and Perkins III State so that the services are provided
Stop Career Center staff or
require that the business community in a manner appropriate to local
development of a certification
be involved in the development of populations; and have had at least 45
process for One-Stop Centers?
the State Plans for these programs. days to submit comments on the plan
(§ 112(b)(14).)
The State may satisfy both of these and the design of such services.
b. What policies or guidance has requirements by involving the (§402(c).)
the State issued to support maximum business community in the
(e) CSBG, provide evidence that
integration of service delivery development of a Unified Plan that
the public participation requirements
through the One-Stop delivery includes the two programs. Separate
were met, including documents
system for both business customers consultations are not necessary.
which confirms that a legislative
and individual customers?
2. Describe the process used by the public hearing on the State Plan was
(§ 112(b)(14).)
State to provide an opportunity for conducted as required by subsection
c. What actions has the State taken public comment and participation for 675(b) and that the Plan was also
to promote identifying One-Stop each of the programs covered in the made available for public inspection
infrastructure costs and developing Unified Plan. and review as required by 675(d)(2).
models or strategies for local use that
In addition, if your Unified Plan 3. This section should describe the
support integration? (§ 112(b)(14).)
includes: types of activities and outcomes that
d. How does the State use the were conducted to meet the
(a) Perkins III, the eligible agency
funds reserved for Statewide consultation requirement.
must hold public hearings and
activities pursuant to (§ 129(b)(2)(B) Demonstrate, as appropriate, how
include a summary of the
and 134(a)(2)(B)(v) to assist in the comments were considered in the
recommendations made by all
establishment and operation of One- plan development process including
segments of the public and interested
Stop delivery systems? specific information on how the
organizations and groups and the
(§ 112(b)(14).) various WIA agency and program
eligible agency’s response to the
partners were involved in developing
e. How does the State ensure the recommendations in the State Plan.
the unified State Plan.
full spectrum of assets in the One- (§122(a)(3).)
Stop delivery system support human The following agencies, groups or
(b) WIA Title I and Wagner-Peyser
capital solutions for businesses and individuals must be consulted, if your
Act and/or Veterans Programs,
individual customers broadly? Unified Plan includes:
describe the process used by the
(§ 112(b)(14).)
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

(a) Perkins III: (§ 122(a)(3),(b)(1), Local Boards and Youth Councils, been consulted regarding the plan
(c)(3), (e)(3).) Educators, Vocational Rehabilitation and design of welfare services in the
Agencies, Service providers, Welfare State so that services are provided in
 Parents. agencies, Faith-based and a manner appropriate to local
 Teachers. Community organizations and the populations; and have had at least 45
State Employment Security Agency. days to submit comments on the plan
 Students. and the design of such services.
In addition, describe the role of the
 Eligible Recipients. State Board and Local Boards in D. Needs Assessment
planning and coordination in the
 Representatives of special 1. Describe the educational and
Unified Plan (§ 501(c)(3).)
populations in the State. job-training needs of individuals in
Note: While WIA only requires the the overall State population and of
 Representatives of business involvement of State Board and relevant subgroups of all the
and industry in the State, Local Boards in the planning and programs included in the Unified
including small-and medium- coordination of the programs and Plan.
sized local businesses. activities authorized under title I, the
Many of the programs that may be
 Representatives of labor intent of the Unified Plan approach is
included in a Unified Plan require a
organizations in the State. to enable all the relevant parties in an
needs assessment. State agencies
area, if they so choose, to come
 Interested community should fulfill these assessment
together more readily to coordinate
members. responsibilities collaboratively or, at
their activities in the best interests of
a minimum, create a planning
 Governor of the State. the population to be served. However
process that promotes the sharing of
coordination is achieved, nothing in
In addition, the eligible agency needs assessment information among
the Unified Plan or in WIA itself
must consult with the State agency all agencies involved in preparing the
permits a Board or any other entity to
responsible for secondary education alter the decisions made by another Unified Plan. Sharing of assessment
and the State agency responsible for program grantee in accord with that data can create a framework for the
supervision of community colleges, coordinated and integrated services
grantee’s statutes.
technical institutes, or other 2-year that are to be provided through the
post secondary institutions primarily (c) Adult Education and Family One-Stop delivery system. The State
engaged in providing postsecondary Literacy: may organize the presentation of
vocational and technical education assessment data in its Unified Plan in
• Governor of the State (any
concerning the amount and uses of a manner it deems most appropriate
comments made by the Governor
funds proposed to be reserved for and useful for planning, such as on a
must be included in the Plan)
adult vocational and technical program-by-program basis, by
(§ 224(d).)
education, postsecondary vocational geographic region, or by special
and technical education, tech-prep (d) Vocational Rehabilitation: population.
education, and secondary vocational • State Rehabilitation Council In answering the above question, if
technical education. Include any (include the response of the your Unified Plan includes:
objections filed by either agency and designated State unit to such input
your response(s). (§122(e)(3).) (a) WIA Title I and Wagner-Peyser
and recommendations).
Act and/or Veterans Programs,
(b) WIA Title I and Wagner-Peyser (§101(a)(21)(A)(ii)(III).) identify the types and availability of
Act and/or Veterans Programs: (e) CSBG: workforce investment activities
(§§ 112(b)(1) and 112(b)(9).) currently in the State.
• Low-income individuals.
(§ 112(b)(4)(A–D).)
 The Governor of the State and
State Board. • Community organizations.
(b) Adult Education and Family
• Religious organizations. Literacy, objectively assess the adult
 Local Chief elected officials.
education and literacy needs of
• Representatives of low-income individuals, including an assessment
 Business community.
individuals. of those most in need and hardest to
 Labor organizations. (f) TANF: serve, including low income students,
 The following agencies, individuals with disabilities, single
• With respect to the TANF plan parents, displaced homemakers, and
groups and individuals should design, local governments and
also be consulted: individuals with multiple barriers to
private sector organizations have
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

educational enhancement (including vocational rehabilitation program, a. What is the current makeup of
individuals with limited English and individuals with disabilities the State’s economic base by
proficiency, criminal offenders in served through other components of industry?
correctional institutions and other the statewide workforce investment
b. What industries and occupations
institutionalized individuals.) system. (§§ 101(a)(15)(A)(i)(I–III)
are projected to grow and/or decline
(§§ 224(b)(10) and 225).) and 625(b)(2).)
in the short term and over the next
(c) Food Stamp Employment and (ii) Include State estimates of the decade?
Training (E&T), provide an answer number of individuals in the State
c. In what industries and
and explain the method used to: who are eligible for services under
occupations is there a demand for
title I of the Rehabilitation Act, the
(i) Estimate the number and skilled workers and available jobs,
number of such individuals who will
characteristics of the expected pool both today and projected over the
receive services provided with funds
of work registrants during the fiscal next decade? In what numbers?
provided under part B of title I and
year;
under part B of title VI (including, if d. What jobs/occupations are most
(ii) Estimate the number of work the designated State agency uses an critical to the State’s economy?
registrants the State agency intends order of selection, estimates of the
e. What are the skill needs for the
to exempt from E&T, along with a number of individuals to be served
available, critical and projected jobs?
discussion of the proposed exemption under each priority category within
criteria; the order), and the costs of the f. What is the current and projected
services provided (including, if the demographics of the available labor
(iii) Estimate the number of
designated State agency uses an pool (including the incumbent
placements into E&T components
order of selection, the service costs workforce) both now and over the
during the fiscal year;
for each priority category within the next decade?
(iv) Estimate the number of order.) (§101(a)(15)(B).)
g. Is the State experiencing any “in
ABAWDs (able-bodied adults
(iii) Provide an assessment of the migration” or “out migration” of
without dependents) in the State
need to establish, develop, or workers that impact the labor pool?
during the fiscal year;
improve community rehabilitation
programs within the State. h. Based on an analysis of both the
(v) Estimate the number of
(§ 101(a)(15)(A)(ii).) projected demand for skills and the
ABAWDs in both waived and
available and projected labor pool,
unwaived area of the State during the
(e) HUD Employment and what skill gaps is the State
fiscal year;
Training Programs: (Reminder: the experiencing today and what skill
(vi) Estimate the average monthly following is a suggestion for gaps are projected over the next
number of ABAWDs included in the incorporating HUD programs into decade?
State’s 15 percent exemption your State’s Unified Plan. However,
i. Based on an analysis of the
allowance, along with a discussion of following this guidance will not
trigger funding for HUD programs): economy and the labor market, what
how the State intends to apply the
workforce development issues has
exemption;
(i) Address the educational and the State identified?
(vii) Estimate the number of training needs of public housing
residents and other families receiving j. What workforce development
qualifying education/training and
issues have the State prioritized as
workfare opportunities for ABAWDS housing assistance.
being most critical to its economic
the State will create during the fiscal
2. WIA Title I and Wagner Peyser health and growth?
year.
Act: Economic and Labor Market
Analysis (§ 112(b)(4).): As a E. State and Local Governance
(d) Vocational Rehabilitation:
foundation for this strategic plan and 1. What is the organization,
(i) Assess the needs of individuals to inform the strategic investments
structure and role/function of each
with disabilities in the State, and strategies that flow from this State and local entity that will govern
particularly the vocational Plan, provide a detailed analysis of the activities of the Unified Plan?
rehabilitation needs of individuals the State’s economy, the labor pool,
with the most significant disabilities and the labor market context. In answering the above question, if
(including their need for supported Elements of the analysis should your Unified Plan includes:
employment services), individuals include the following: (a) Perkins III, describe the
with disabilities who have been
procedures in place to develop the
unserved or under-served by the
memoranda of understanding
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

outlined in Section 121(c) of the represent diverse regions of the State 2. Describe the lines of
Workforce Investment Act of 1998 as required under WIA? Describe communication established by the
concerning the provision of services how the Board’s membership enables Governor to ensure open and
only for postsecondary students and you to achieve your vision described effective sharing of information
school dropouts. (§ 122(c)(21).) above. (20 CFR 661.200).) among the State agencies responsible
for implementing the vision for the
(b) WIA Title I and Wagner-Peyser 5. Describe how the Board carries
workforce system and between the
Act and/or Veterans Programs: out its functions as required in
State agencies and the State
Section 111(d) and 20 CFR 661.205.
(i) Organization of State agencies Workforce Investment Board.
Include functions the Board has
in relation to the Governor:
assumed that are in addition to those 3. Describe the lines of
1. Provide an organizational chart required. Identify any functions communication and mechanisms
that delineates the relationship to the required in Section 111(d) the Board established by the Governor to
Governor of the agencies involved in does not perform and explain why. ensure timely and effective sharing of
the public workforce investment information between the State
6. How will the State Board ensure
system, including education and agencies/ State Board and local
that the public (including people with
economic development and the workforce investment areas and
disabilities) has access to Board
required and optional One-Stop Local Boards. Include types of
meetings and information regarding
partner programs managed by each regularly issued guidance and how
State Board activities, including
agency. Federal guidance is disseminated to
membership and meeting minutes?
Local Boards and One-Stop Career
2. In a narrative describe how the (20 CFR 661.207).)
Centers. (§ 112(b)(1).)
agencies involved in the public
7. Identify the circumstances
workforce investment system (iv) Describe any cross-cutting
which constitute a conflict of interest
interrelate on workforce and organizations or bodies at the State
for any State or Local Workforce
economic development issues and the level designed to guide and inform an
Investment Board member or the
respective lines of authority. integrated vision for serving youth in
entity that s/he represents, and any
the State within the context of
(ii) State Workforce Investment matter that would provide a financial
workforce investment, social
Board: benefit to that member or his or her
services, juvenile justice, and
immediate family. (§§ 111(f),
1. Describe the organization and education. Describe the membership
112(b)(13), and 117(g).)
structure of the State Board. of such bodies and the functions and
(§ 111).): 8. What resources does the State responsibilities in establishing
provide the Board to carry out its priorities and services for youth?
2. Include a description of the How is the State promoting a
functions, i.e., staff, funding, etc.?
process by which State and Local collaborative cross-agency approach
Boards were created. (iii) What is the structure/process
for both policy development and
for the State agencies and State
3. Identify the organizations or service delivery at the local level for
Board to collaborate and
entities represented on the State youth? (§112(b)(18)(A).)
communicate with each other and
Board. If you are using an alternative (v) Describe major State policies
with the local workforce investment
entity which does not contain all the and requirements that have been
system (§ 112(b)(8)(A).):
members required under section established to direct and support the
111(b)(1), describe how each of the 1. Describe the steps the State will
development of a Statewide
entities required under this section take to improve operational
workforce investment system not
will be involved in planning and collaboration of the workforce
described elsewhere in this Plan as
implementing the State’s workforce investment activities and other
outlined below. (§ 112(b)(2).)
investment system as envisioned in related activities and programs
WIA. How is the alternative entity outlined in section 112(b)(8)(A), at 1. What State policies and systems
achieving the State’s WIA goals? both the State and local level (e.g., are in place or planned to support
(§§ 111(a–c), 111(e), and 112(b)(1).) joint activities, memoranda of common data collection and
understanding, planned mergers, reporting processes, information
4. Describe the process your State management, integrated service
coordinated policies, etc.). How will
used to identify your State Board delivery, and performance
the State Board and agencies
members. How did you select Board management? (§§ 111(d)(2) and
eliminate any existing State-level
members, including business 112(b)(8)(B).)
barriers to coordination?
representatives, who have optimum
(§§ 111(d)(2) and 112(b)(8)(A).)
policy-making authority and who
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

2. What State policies are in place the State considered the extent to 1. What policy direction has the
that promote efficient use of which such local areas are consistent State provided for ITAs?
administrative resources such as with labor market areas: geographic
2. Describe innovative training
requiring more co-location and fewer areas served by local and
strategies used by the State to fill
affiliate sites in local One-Stop intermediate education agencies,
skills gaps. Include in the discussion
systems to eliminate duplicative post-secondary education institutions
the State’s effort to broaden the scope
facility and operational costs or to and area vocational schools; and all
and reach of ITAs through
require a single administrative other criteria identified in section
partnerships with business,
structure at the local level to support 116(a)(1) in establishing area
education, economic development,
Local Boards and to be the fiscal boundaries, to assure coordinated
and industry associations and how
agent for WIA funds to avoid planning. Describe the State Board’s
business and industry involvement is
duplicative administrative costs that role, including all recommendations
used to drive this strategy.
could otherwise be used for service made on local designation requests
delivery and training? Include any pursuant to § 116(a)(4). (§§ 112(b)(5) 3. Discuss the State’s plan for
specific administrative cost controls, and 116(a)(1).) Describe the appeals committing all or part of WIA Title I
plans, reductions, and targets for process used by the State to hear funds to training opportunities in
reductions, if the State has appeals of local area designations high-growth, high-demand, and
established them. (§§ 111(d)(2) and referred to in § 116(a)(5) and economically vital occupations.
112(b)(8)(A).) 112(b)(15).
4. Describe the State’s policy for
3. What State policies are in place (vii) Local Workforce Investment limiting ITAs (e.g., dollar amount or
to promote universal access and Boards—Identify the criteria the duration).
consistency of service Statewide? State has established to be used by
5. Describe the State’s current or
(§112(b)(2).) the chief elected official(s) in the
planned use of WIA Title I funds for
local areas for the appointment of
4. What policies support a demand- the
Local Board members based on the
driven approach, as described in Part
requirements of section 117. provision of training through
I. “Demand-driven Workforce
(§§ 112(b)(6), 117(b).) apprenticeship.
Investment System,” to workforce
development— such as training on (viii) Identify the circumstances 6. Identify State policies developed
the economy and labor market data which constitute a conflict of interest in response to changes to WIA
for Local Board and One-Stop Career for any State or Local Workforce regulations that permit the use of
Center staff? (§§ 112(b)(4) and Investment Board member or the WIA Title I financial assistance to
112(b)(17)(A)(iv).) entity that s/he represents, and any employ or train participants in
matter that would provide a financial religious activities when the
5. What policies are in place to
benefit to that member or his or her assistance is provided indirectly)
ensure that the resources available
immediate family. (§§ 111(f), such as through an ITA. (Note that
through the Federal and/or State
112(b)(13), and 117(g).) the Department of Labor provides
apprenticeship programs, the Job
Web access to the equal treatment
Corps and the Senior Community (ix) Identify the policies and
regulations and other guidance for
Service Employment Program are procedures to be applied by local
the workforce investment system and
fully integrated with the State’s One- areas for determining eligibility of
faith-based and community
Stop delivery system? local level training providers, how
organizations at http://
(§§ 112)(b)(17)(A)(iv) and performance information will be used
www.dol.gov/cfbci/legalguidance.ht
(b)(18)(C).) to determine continuing eligibility
m).
and the agency responsible for
(vi) Local Area Designations—
carrying out these activities. Describe (xi) Identify the criteria to be used
Identify the State’s designated local
how the State solicited by Local Boards in awarding grants
workforce investment areas and the
recommendations from Local Boards for youth activities, including criteria
date of the most recent area
and training providers and interested that the Governor and Local Boards
designation, including whether the
members of the public, including will use to identify effective and
State is currently re-designating local
representatives of business and labor ineffective youth activities and
areas pursuant to the end of the
organizations, in the development of providers of such activities.
subsequent designation period for
these policies and procedures. (§ 112(b)(18)(B).)
areas designated in the previous
Unified Plan. (§§ 112(b)(5).) Include (x) Individual Training Accounts (xii) Describe the competitive and
a description of the process used to (ITAs): non-competitive processes that will
designate such areas. Describe how
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

be used at the State level to award rationale for such allocation. (iv) Describe how the individuals
grants and contracts for activities (§122(c)(4)(A).) and entities on the State Board were
under title I of WIA, including how involved in the development of the
(iii) Describe how funds received
potential bidders are being made methods and factors, and how the
through the allotment made under
aware of the availability of grants State consulted with chief elected
section 111 will be allocated among
and contracts. (§ 112(b)(16).) officials in local areas throughout the
consortia which will be formed
State in determining such
(c) Vocational Rehabilitation, among secondary schools and
distribution.
designate a State agency as the sole eligible institutions, and how funds
State agency to administer the Plan, will be allocated among the members (v) Describe the procedures and
or to supervise the administration of of the consortia, including the criteria that are in place under
the Plan by a local agency, in rationale for such allocation. 20 CFR 663.600 for the Governor
accordance with section (§ 122(c)(4)(B).) and appropriate Local Boards to
101(a)(2)(A). (§101(a)(2)(A).) direct One-Stop operators to give
(iv) If the eligible agency decides
priority of service to public
(d) TANF, describe the objective to develop an alternative allocation
assistance recipients and other low-
criteria for the delivery of benefits formula under the authority of
income individuals for intensive and
and the determination of eligibility sections 131(c) and/or 132(b), submit
training services if funds allocated to
and for fair and equitable treatment, the proposed formula and supporting
a local area for adult employment
including an explanation of how the documentation to the Secretary of
and training activities are determined
State will provide opportunities for Education for approval prior to the
to be limited. (§§ 112(b)(17)(A)(iv)
recipients who have been adversely submission of your State Plan or as a
and 134(d)(4)(E).)
affected to be heard in a State part of the State Unified Plan.
administrative or appeal process. (§§ 131(c) and 132(b).) (vi) Specify how the State will use
(§ 402(a)(1)(B)(iii).) the 10 percent Wagner-Peyser Act
(b) Tech-Prep, describe how the
funds allotted to it under section 7(b)
F. Funding eligible agency will award tech-prep
in accordance with the three
funds in accordance with the
1. What criteria will the State use, provisions of allowable activities:
requirements of Sections 204(a) and
subject to each program’s authorizing performance incentives; services for
Section 205 of Perkins III, including
law, to allocate funds for each of the groups with special needs; and extra
whether grants will be awarded on a
programs included in the Unified costs of exemplary service delivery
competitive basis or on the basis of a
Plan? Describe how the State will use models. (§ 112(b)(7) and 20 CFR
formula determined by the State.
funds the State receives to leverage 652.204).)
other Federal, State, local, and (c) WIA Title I and Wagner-Peyser
(d) Adult Education and Family
private resources, in order to Act and/or Veterans Programs
Literacy:
maximize the effectiveness of such (§112(b)(12):
resources, and to expand the (i) Describe how the eligible
(i) If applicable, describe the
participation of business, employees, agency will fund local activities in
methods and factors (including
and individuals in the Statewide accordance with the considerations
weights assigned to each factor) your
workforce investment system. (WIA described in Section 231(e) and the
State will use to distribute funds to
§ 112(b)(10).) In answering the other requirements of title II of WIA.
local areas for the 30% discretionary
above question, if your Unified Plan (§224(b).)
formula adult employment and
includes:
training funds and youth funds (ii) Describe the process to show
(a) Perkins III: pursuant to Sections 128(b)(3)(B) that public notice was given of the
and 133(b)(3)(B). availability of Federal funds to
(i) Describe the criteria that you
eligible recipients and the procedures
will use in approving applications by (ii) Describe how the allocation
for submitting applications to the
eligible recipients for funds under methods and factors help ensure that
State, including approximate time
Perkins III. (§ 122(c)(1)(B).) funds are distributed equitably
frames for the notice and receipt of
throughout the State and that there
(ii) Describe how funds received applications. (§231(c).)
will be no significant shifts in
through the allotment made under
funding levels to a local area on a (iii) Describe how the eligible
section 111 will be allocated among
year-to-year basis. agency will use funds made available
secondary school vocational and
under Section 222(a)(2) for State
technical education, or postsecondary (iii) Describe the State’s allocation
leadership activities. (§ 223(a).)
and adult vocational and technical formula for dislocated worker funds
education, or both, including the under 133(b)(2)(B).
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

(iv) Describe the steps the eligible description of how the local entity an industry; and (3) prepare students
agency will take to ensure direct and will use the funds to support for opportunities in post-secondary
equitable access, as required in innovative community and education or entry into high skill and
section 231(c). (§ 224(b)(12).) neighborhood-based initiatives. high wage jobs in current and
emerging occupations.
(e) Food Stamp Employment and G. Activities To Be Funded
(§ 122(c)(1)(C) and (5)(A).)
Training, Estimate the total cost of
1. For each of the programs in your
the State’s E&T program and identify (v) Describe how the eligible
Unified Plan, provide a general
the source of funds according to the agency will ensure that students who
description of the activities the State
format for Table 5, Planned Fiscal participate in such vocational and
will pursue using the relevant
Year Costs, contained in the most technical education programs are
funding.
current release of “The Handbook on taught to the same challenging
Preparing State Plans for Food Stamp In answering the above question, if academic proficiencies as are taught
Employment and Training your Unified Plan includes: to all other students.
Programs.” (§ 122(c)(5)(B).)
(a) Perkins III:
(f) TANF, indicate the name, (vi) Describe how the eligible
(i) Describe the vocational and
address, and EIN number of the agency will actively involve parents,
technical education activities to be
TANF administering agency and teachers, local businesses (including
assisted that are designed to meet or
estimate for each quarter of the fiscal small- and medium-sized
exceed the State adjusted levels of
year by percentage the amount of businesses), and labor organizations
performance. (§ 122(c)(1).)
TANF grant that it wishes to receive. in the planning, development,
(ii) Describe the secondary and implementation and evaluation of
(g) Vocational Rehabilitation:
postsecondary vocational and vocational and technical education
(i) Describe how the State will technical education programs to be programs.
utilize funds reserved for the carried out, including programs that
(b) Tech-Prep, describe how funds
development and implementation of will be carried out by the eligible
will be used in accordance with the
innovative approaches to expand and agency to develop, improve, and
requirements of section 204(c).
improve the provision of vocational expand access to quality, state-of-the-
rehabilitation services to individuals art technology in vocational and (c) WIA Title I and Wagner-Peyser
with disabilities under the State Plan, technical education programs. Act and/or Veterans Programs:
particularly individuals with the most (§122(c)(1)(A).)
(i) Service Delivery—Describe the
significant disabilities.
(iii) Describe how funds will be approaches the State will use to
(§ 101(a)(18)(B).)
used to improve or develop new provide direction and support to
(ii) Describe the quality, scope, and vocational and technical education Local Boards and the One-Stop
extent of supported employment courses and effectively link Career Center delivery system on the
services authorized under the Act to secondary and postsecondary strategic priorities to guide
be provided to individuals who are education. (§ 122(c)(1)(D) and investments, structure business
eligible under the Act to receive the 122(c)(19).) engagement, and inform service
services. (§625(b)(3).) delivery approaches for all
(iv) Describe how the eligible
customers. (§112(b)(17)(A).)
(iii) In the event that vocational agency will improve the academic
rehabilitation services cannot be and technical skills of students 1. One-Stop Service Delivery
provided to all eligible individuals participating in vocational and Strategies: (§ 111(d)(2) and
with disabilities in the State who technical education programs, 112(b)(2).)
apply for services, indicate the order including strengthening the
a. How will the services provided
to be followed in selecting eligible academic, and vocational and
by each of the required and optional
individuals to be provided vocational technical, components of vocational
One-Stop partners be coordinated
rehabilitation services and provide and technical education programs
and made available through the One-
the justification for the order. through the integration of academics
Stop system? (§112(b)(8)(A).)
(§101(a)(5)(A)–(B).) with vocational and technical
education to (1) Ensure learning in b. How are youth formula
(h) CSBG, describe how the State
the core academic, vocational and programs funded under
intends to use discretionary funds
technical subjects; (2) provide § 128(b)(2)(A) integrated in the One-
made available from the remainder of
students with strong experience in, Stop system?
the grant or allotment described in
and understanding of, all aspects of
Section 675C(b), including a
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

c. What minimum service delivery as libraries, schools, worksites, and at of WIA title I funds and the
requirements does the State mandate home. leveraging of other funds and
in a comprehensive One-Stop resources.
c. Describe how the State’s
Centers or an affiliate site?
Workforce Information Core d. Eligible Training Provider List.
d. What tools and products has the Products and Services Plan is aligned Describe the State’s process for
State developed to support service with the WIA State Plan to ensure providing broad customer access to
delivery in all One-Stop Centers that the investments in core products the statewide list of eligible training
Statewide? and services support the State’s providers and their performance
overall strategic direction for information including at every One-
e. What
workforce investment. Stop Career Center.
models/templates/approaches does
(§ 112(b)(17)(A)(iii).)
the State recommend and/or mandate d. Describe how State workforce
for service delivery in the One-Stop information products and tools are e. On-the-Job (OJT) and
Centers? For example, do all One- coordinated with the national Customized Training
Stop Centers have a uniform method electronic workforce information (§ 112(b)(17)(A)(i) and 134(b).)
of organizing their service delivery to tools including America’s Career Based on the outline below, describe
business customers? Is there a Information Network and Career the State’s major directions, policies
common individual assessment Voyages. and requirements related to OJT and
process utilized in every One-Stop customized training.
3. Adults and Dislocated Workers
Center? Are all One-Stop Centers
(i) Describe the Governor’s vision
required to have a resource center a. Core Services.
for increasing training opportunities
that is open to anyone? (§ 112(b)(17)(a)(i).)
to individuals through the specific
2. Workforce Information—A (i) Describe State strategies and delivery vehicles of OJT and
fundamental component of a policies to ensure adults and customized training.
demand-driven workforce investment dislocated workers have universal
(ii) Describe how the State: (a.)
system is the integration and access to the minimum required core
Identifies OJT and customized
application of the best available State services as described in § 134(d)(2).
training opportunities;
and local workforce information
(ii) Describe how the State will
including, but not limited to, (b.) Markets OJT and customized
ensure the three-tiered service
economic data, labor market training as incentives to untapped
delivery strategy for labor exchange
information, census data, private employer pools including new
services for job seekers and
sources of workforce information business to the State and employer
employers authorized by the Wagner-
produced by trade associations and groups;
Peyser Act includes (1) self-service,
others, educational data, job vacancy
(2) facilitated self-help service, and (c.) Partners with high-growth,
surveys, transactional data from job
(3) staff-assisted service, and is high-demand industries and
boards, and information obtained
accessible and available to all economically vital industries to
directly from businesses.
customers at the local level. develop potential OJT and
(§§ 111(d)(8), 112(b)(1), and
customized training strategies;
134(d)(2)(E).) (iii) Describe how the State will
integrate resources provided under (d.) Taps business partners to help
a. Describe how the State will
the Wagner-Peyser Act and WIA title drive the strategy through joint
integrate workforce information into
I for adults and dislocated workers as planning, competency and
its planning and decision-making at
well as resources provided by curriculum development; and
the State and local level, including
required One-Stop partner programs, determining appropriate lengths of
State and Local Boards, One-Stop
to deliver core services. training, and
operations, and case manager
guidance. b. Intensive Services. Describe (e.) Leverages other resources
State strategies and policies to ensure through education, economic
b. Describe the approach the State
adults and dislocated workers who development and industry
will use to disseminate accurate and
meet the criteria in § 134(d)(3)(A) associations to support OJT and
timely workforce information to
receive intensive services as defined. customized training ventures.
businesses, job seekers, and
employment counselors, in easy to c. Training Services. Describe the f. What policies and strategies does
use formats that are readily Governor’s vision for increasing the State have in place to ensure that,
accessible within One-Stop Career training access and opportunities for pursuant to the Jobs for Veterans Act
Centers and at remote locations such individuals including the investment (Pub. L. 107–288)(38 U.S.C. 4215),
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

that priority of service is provided to Include whether Rapid Response 5. Youth. ETA’s strategic vision
veterans and certain spouses who partners with economic development identifies youth most in need, such as
otherwise meet the eligibility agencies to connect employees from out of school youth and those at risk,
requirements for all employment and companies undergoing layoffs to youth in foster care, youth aging out
training programs funded by the U.S. similar companies that are growing of foster care, youth offenders,
Department of Labor, in accordance and need skilled workers? How does children of incarcerated parents,
with the provisions of TEGL 5–03 Rapid Response promote the full homeless youth, and migrant and
(9/16/ 03/)? range of services available to help seasonal farmworker youth as those
companies in all stages of the most in need of service.
g. Rapid Response. Describe how
economic cycle, not just those
your State provides Rapid Response State programs and services should
available during layoffs? How does
services with the funds reserved take a comprehensive approach to
the State promote Rapid Response as
under Section 133(a)(2). serving these youth, including basic
a positive, proactive, business-
skills remediation, helping youth stay
(i) Identify the entity responsible friendly service, not only a negative,
in or return to school, employment,
for providing Rapid Response reactive service?
internships, help with attaining a high
services. Describe how Rapid
(f.) What other partnerships does school diploma or GED, post-
Response activities involve Local
Rapid Response engage in to expand secondary vocational training,
Boards and Chief Elected Officials.
the range and quality of services apprenticeships and enrollment in
If Rapid Response activities are
available to companies and affected community and four-year colleges.
shared between the State and local
workers and to develop an effective (§ 112(b)(18).)
areas, describe the functions of each
early layoff warning network?
and how funds are allocated to the a. Describe your State’s strategy
local areas. (g.) What systems does the Rapid for providing comprehensive,
Response team use to track its integrated services to eligible youth,
(ii) Describe the process involved
activities? Does the State have a including those most in need as
in carrying out Rapid Response
comprehensive, integrated described above. Include any State
activities.
Management Information System requirements and activities to assist
(a.) What methods are involved in that includes Rapid Response, Trade youth who have special needs or
receiving notice of impending layoffs Act programs, National Emergency barriers to employment, including
(include WARN Act notice as well as Grants, and One-Stop activities? those who are pregnant, parenting, or
other sources)? have disabilities. Include how the
(h.) Are Rapid Response funds
State will coordinate across State
(b.) What efforts does the Rapid used for other activities not described
agencies responsible for workforce
Response team make to ensure that above; e.g., the provision of
investment, foster care, education,
rapid response services are provided, additional assistance to local areas
human services, juvenile justice, and
whenever possible, prior to layoff that experience increased workers or
other relevant resources as part of the
date, onsite at the company, and on unemployed individuals due to
strategy. (§ 112(b)(18).)
company time? dislocation events?
b. Describe how coordination with
(c.) What services are included in 4. Veterans Programs. For the grant
Job Corps and other youth programs
Rapid Response activities? Does the period FY 2005—FY 2009, States
will occur. (§ 112(b)(18)(C).)
Rapid Response team provide submitted a five-year strategic plans
workshops or other activities in to operate the Local Veterans’ c. How does the State Plan to
addition to general informational Employment Representative (LVER) utilize the funds reserved for
services to affected workers? How do and Disabled Veterans’ Outreach Statewide activities to support the
you determine what services will be Programs (DVOP) Specialist State’s vision for serving youth?
provided for a particular layoff programs under the Jobs for Veterans Examples of activities that would be
(including layoffs that may be trade- Act. These plans may be appropriate investments of these
affected)? incorporated by reference as part of a funds include:
state’s Unified Plan. Modifications to
(d.) How does the State ensure a (i) utilizing the funds to promote
these five year Jobs for Veterans Act
seamless transition between Rapid cross agency collaboration;
plans will be managed in accordance
Response services and One-Stop
with policy guidance from the (ii) demonstration of cross-cutting
activities for affected workers?
Veterans’ Employment and Training models of service delivery;
(e.) Describe how Rapid Response Service.
functions as a business service?
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

(iii) development of new models of overall strategy for workforce State (not necessarily in a uniform
alternative education leading to investment. manner), that provides assistance to
employment; or needy families with (or expecting)
8. Strategies for Faith-based and
children and provides parents with
(iv) development of demand-driven Community Organizations
job preparation, work, and support
models with business and industry (§ 112(b)(17)(i).) Describe those
services to enable them to leave the
working collaboratively with the activities to be undertaken to: (1)
program and become self-sufficient.
workforce investment system and increase the opportunities for
(§402(a)(1)(A)(i).)
education partners to develop participation of faith-based and
strategies for bringing these youth community organizations as (ii) Require a parent or caretaker
successful into the workforce committed and active partners in the receiving assistance under the
pipeline with the right skills. One-Stop delivery system; and (2) program to engage in work (as
expand the access of faith-based and defined by the State) once the State
d. Describe in general, how your
community organizations’ clients and determines the parent or caretaker is
State will meet the Act’s provisions
customers to the services offered by ready to engage in work, or once the
regarding youth program design.
the One-Stops in the State. Outline parent or caretaker has received
(§§ 112(b)(18) and 129(c).)
those action steps designed to assistance under the program for 24
6. Business Services. strengthen State collaboration efforts months (whether or not consecutive,)
with local workforce investment whichever is earlier, consistent with
a. Describe how the needs of
areas in conducting outreach section 407(e)(2).
employers will be determined in the
campaigns to educate faith-based and (§402(a)(1)(A)(ii).)
local areas and on a statewide basis.
community organizations about the
(iii) Ensure that parents and
b. Describe how integrated attributes and objectives of the
caretakers receiving assistance under
business services, including Wagner- demand-driven workforce investment
the program engage in work
Peyser Act services, will be delivered system. Indicate how these resources
activities in accordance with section
to employers through the One-Stop can be strategically and effectively
407. (§ 402(a)(1)(A)(iii).)
system. leveraged in the State’s workforce
investment areas to help meet the (iv) Take such reasonable steps as
c. How will the system streamline objectives of the Workforce
deemed necessary to restrict the use
administration of Federal tax credit Investment Act. and disclosure of information about
programs within the One-Stop
individuals and families receiving
system to maximize employer (d) Adult Education and Literacy
assistance under the program
participation (20 CFR 652.3(b), Services, including workplace
attributable to funds provided by the
§ 112(b)(17)(A)(i).) literacy services:
Federal government.
7. Innovative Service Delivery (i) Family literacy services. (§ 402(a)(1)(A)(iv).)
Strategies. (§ 112(b)(17)(A).)
(ii) English literacy programs. (v) Describe the financial
a. Describe innovative service eligibility criteria and corresponding
(e) Food Stamp Employment and
delivery strategies the State has or is benefits and services covered with
Training:
planning to undertake to maximize State Maintenance of Effort (MOE)
resources, increase service levels, (i) Describe the components of the funds. This description applies to
improve service quality, achieve State’s E&T program. State MOE funds that are used in the
better integration or meet other key State’s TANF program or used to
(ii) Discuss the weekly/monthly
State goals. Include in the description fund a separate State program.
hours of participation required of
the initiative’s general design,
each program component. (g) SCSEP, provide a description
anticipated outcomes, partners
of each project function or activity
involved and funds leveraged (e.g., (iii) Describe planned
and how the State will implement the
title I formula, Statewide reserve, combinations of components to meet
project. The following activities
employer contributions, education the statutory requirement of 20 hours
should be discussed separately: (title
funds, non-WIA State funds). of participation per week to qualify
V of the Older Americans Act)
as a work program for ABAWDS.
b. If your State is participating in
(i) Describe how the services
the ETA Personal Re-employment (f) TANF, outline how the State
proposed support the State Senior
Account (PRA) demonstration, intends to:
Employment Services Coordination
describe your vision for integrating
(i) Conduct a program, designed to Plan.
PRAs as a service delivery
serve all political subdivisions in the
alternative as part of the State’s
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

(ii) Describe how recruitment and Centers, the Registered other partner programs under the
selection of participants will be Apprenticeship Program, and the Workforce Investment Act to
achieved under TEGL 13–04 and the Disability Program Navigators. maximize opportunities for SCSEP
regulations at 20 CFR 641.500 and participants.
(x) Describe the supportive
641.525. Include a description of the
services that will be offered to help (xx) Describe efforts to work with
new recruitment strategies that will
participants obtain and retain an local economic development offices
be used to reach the target
unsubsidized job. in rural locations.
population.
(xi) Describe arrangements that (xxi) Describe current slot
(iii) Describe how participant
will be made to provide imbalances and proposed steps to
income will be recertified each year,
transportation assistance to correct inequities to achieve
including where eligibility records
participants. equitable distribution.
will be maintained.
(xii) Describe the steps that will be (xxii) List the cities and counties
(iv) Describe the arrangements that
taken to move or place participants where the project and subprojects
will be made to offer physical
into unsubsidized employment, will be conducted. Include the
examinations as a required fringe
including cooperative measures that number of SCSEP authorized
benefit.
will be taken with the One-Stop positions and indicate where the
(v) Describe the orientation Delivery System, and that support the positions changed from the prior
procedures for participants and host Administration’s focus on high- year.
agencies. growth industries. Any grantee that
(xxiii) Describe the organizational
failed to meet at least 20 percent
(vi) Describe the procedures for structure of the project and how
unsubsidized placements in program
assessing job aptitudes, job readiness, subprojects will be managed,
year 2004 must submit a corrective
and job preferences of participants including assurances that adequate
action plan.
and their potential for transition into resources for administrative costs
unsubsidized employment. (xiii) Describe any policy for will be provided. Also describe the
maximum duration of enrollment or training that will be provided to local
(vii) Describe how the assessment
maximum time in community staff and describe how projects will
will be used to develop the
service. be monitored for program and
participant’s Individual Employment
financial compliance, including audit
Plan (IEP). (xiv) Describe procedures for
plans.
terminating a participant, including
(viii) Describe how the participant
Individual Employment Plan (xxiv) Describe how the State will
will be assigned to community
terminations and the grievance manage its providers and how it will
service including: The types of
procedures that will address transfer participants if new providers
community service activity that will
termination from the program. are selected to serve in the State.
be emphasized and how they were
chosen; methods used to match (xv) Describe the procedures for (xxv) Include a proposed level for
participants with community service addressing and resolving participant each performance measure for each
training; the extent to which complaints. of the program years covered by the
participants will be placed in the Plan. While the Plan is under review
(xvi) Describe procedures for over
administration of the project itself; or through a subsequent
enrolling participants, including how
the types of host agencies used and modification, the State will negotiate
over enrollments will be balanced
the procedures and criteria for with the Division of Older Worker
with Equitable Distribution
selecting the assignments; the Programs to set the appropriate levels
requirements.
average number of hours in a for the next two years. At a
participant’s training week; the (xvii) Describe steps that will be minimum, States must identify the
average wage paid during training; taken to ensure compliance with the performance indicators required
the fringe benefits offered (if any); Maintenance of Effort provision of under 20 CFR 641.710, and, for each
procedures for ensuring adequate section 501(b)(1)(F). indicator, the State must develop an
supervision. objective and quantifiable
(xviii) Describe payroll procedures
performance goal for two program
(ix) Describe the training that will and how workers’ compensation
years. The performance measures
be provided during community premiums are paid.
include: placement rate; service
service training and any other types
(xix) Describe collaboration efforts level; service to most in need;
of training provided, including
with the One-Stop System and with community service; employment
linkages with local One-Stop Career
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

retention; customer satisfaction of (viii) Create youth development (b) WIA Title I and Wagner-Peyser
employers, participants, and host programs that support the primary Act and/or Veterans Programs:
agencies; and earning increase. The role of the family, give priority to the
(i) Structure/Process for State
requirements for reporting are prevention of youth problems and
agencies and State Board to
outlined in Older Worker Bulletin crime, and promote increased
collaborate and communicate with
04– 06 dated September 7, 2004. community coordination and
each other and with the local
collaboration in meeting the needs of
(xxvi) Describe any request for an workforce investment system
youth, and support development and
increase in administrative costs (§112(b)(8)(A).)
expansion of innovative community-
consistent with section 502(c)(3) of
based youth development programs (a.) Describe the steps the State
the Older Americans Act.
that have demonstrated success in will take to improve operational
(xxvii) Describe plans to provide a preventing or reducing youth crime. collaboration of the workforce
copy of this section to Area Agencies investment activities and other
(ix) Provide supplies, services,
on Aging consistent with section related activities and programs
nutritious foods, and related services,
502(d) of the Older American Act. outlined in Section 112(b)(8)(A), at
as may be necessary to counteract
both the State and local level (e.g.,
(h) CSBG, explain how the conditions of starvation and
joint activities, memoranda of
activities funded will: malnutrition among low-income
understanding, planned mergers,
individuals.
(i) Remove obstacles and solve coordinated policies, etc.). How will
problems that block the achievement H. Coordination and Non- the State Board and agencies
of self-sufficiency, including those Duplication eliminate any existing State-level
families and individuals who are barriers to coordination?
1. Describe how your State will
attempting to transition off a State (§§ 111(d)(2) and 112(b)(8)(A).)
coordinate and integrate the services
program carried out under part A of
provided through all of the programs (b.) Describe the lines of
title IV of the Social Security Act.
identified in the Unified Plan in order communication and mechanisms
(ii) Secure and retain meaningful to meet the needs of its customers, established by the Governor to
employment. ensure there is no overlap or ensure timely and effective sharing of
duplication among the programs, and information between the State
(iii) Attain an adequate education,
ensure collaboration with key agencies/ State Board and local
with particular attention toward
partners and continuous workforce investment areas and
improving literacy skills of the low-
improvement of the workforce Local Boards. Include types of
income families in the communities
investment system. (States are regularly issued guidance and how
involved, which may include
encouraged to address several Federal guidance is disseminated to
carrying out family literacy
coordination requirements in a single Local Boards and One-Stop Career
initiatives.
narrative, if possible.) Centers. (§ 112(b)(1).)
(iv) Make better use of available
In answering the above question, if (c.) Describe any cross-cutting
income.
your Unified Plan includes: organizations or bodies at the State
(v) Obtain and maintain adequate level designed to guide and inform an
(a) Perkins III, describe
housing and a suitable living integrated vision for serving youth in
coordination with the following
environment. the State within the context of
agencies or programs:
workforce investment, social
(vi) Obtain emergency assistance services, juvenile justice, and
(i) Programs listed in Section
through loans, grants, or other means education.— Describe the
112(b)(8)(A) of the Workforce
to meet immediate and urgent family membership of such bodies and the
Investment Act of 1998
and individual needs. functions and responsibilities in
(§ 122(c)(21).) concerning the
(vii) Achieve greater participation provision of services for establishing priorities and services
in the affairs of the communities postsecondary students and school for youth? How is the State
involved, including the development dropouts. promoting a collaborative cross-
of public and private grassroots agency approach for both policy
(ii) Other Federal education
partnerships with local law development and service delivery at
programs, including any methods
enforcement agencies, local housing the local level for youth?
proposed for joint planning and
authorities, private foundation, and (§112(b)(18)(A).)
coordination. (§122(c)(16).)
other public and private partners. (c) Adult Education and Family
Literacy, describe how the Adult
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

Education and Family Literacy (f) CSBG, describe how the State (§ 112(b)(17)(A)(iv) and
activities that will be carried out with and eligible entities will coordinate 112(b)(17)(B).):
any funds received under AEFLA programs to serve low-income
(i) Service to Specific Populations.
will be integrated with other adult residents with other organizations,
(§112(b)(17)(A)(iv).)
education, career development, and including:
employment and training activities in (a.) Describe the State’s strategies
(i) Religious organizations.
the State or outlying area served by to ensure that the full range of
the eligible agency. (§ 224(b)(11).) (ii) Charitable groups. employment and training programs
and services delivered through the
(d) Vocational Rehabilitation: (iii) Community organizations.
State’s One-Stop delivery system are
(i) Describe the State agency’s I. Special Populations and Other accessible to and will meet the needs
plans policies, and procedures for Groups of dislocated workers, displaced
coordination with the following homemakers, low-income individuals
1. Describe how your State will
agencies or programs: such as migrants and seasonal
develop program strategies, to target
farmworkers, women, minorities,
(a.) Federal, State and local and serve special populations. States
individuals training for non-
agencies and programs, including may present information about their
traditional employment, veterans,
programs carried out by the Under service strategies for those special
public assistance recipients and
Secretary for Rural Development of populations that are identified by
individuals with multiple barriers to
the Department of Agriculture and multiple Federal programs as they
employment (including older
State use contracting programs to the deem most appropriate and useful for
individuals, people with limited
extent that such agencies and planning purposes, including by
English-speaking proficiency, and
programs are not carrying out special population or on a program
people with disabilities.)
activities through the statewide by program basis. In providing this
(§112(b)(17)(iv).)
workforce investment system. description, if your Unified Plan
(§101(a)(11)(C).) includes any of the programs listed (b.) Describe the reemployment
below, please address the following services you will provide to
(b.) Education officials responsible
specific relevant populations: unemployment insurance claimants
for the public education of students
and the Worker Profiling services
with disabilities, including a formal (a) Perkins III:
provided to claimants identified as
interagency agreement with the State
(i) Each category of special most likely to exhaust their
educational agency.
populations defined in Section 3(23) unemployment insurance benefits in
(§ 101(a)(11)(D).)
of the Act. (§ 122(c)(7).) accordance with section 3(c)(3) of
(c.) Private, non-profit vocational the Wagner-Peyser Act.
(ii) Students in alternative
rehabilitation service providers
education programs, if appropriate. (c.) Describe how the State
through the establishment of
(§ 122(c)(13).) administers the unemployment
cooperative agreements.
insurance work test and how
(§ 101(a)(24)(B).) (iii) Individuals in State feedback requirements (under
correctional institutions. § 7(a)(3)(F) of the Wagner-Peyser
(d.) Other State agencies and
(§ 122(c)(18).) Act) for all UI claimants are met.
appropriate entities to assist in the
provision of supported employment (i) Describe how funds will be (d.) Describe the State’s strategy
services. (§ 625(b)(4).) used to promote preparation for for integrating and aligning services
nontraditional training and to dislocated workers provided
(e.) Other public or nonprofit
employment. (§ 122(c)(17).) through the WIA rapid response,
agencies or organizations within the
State, employers, natural supports, (ii) Describe how individuals who WIA dislocated worker, and Trade
and other entities with respect to the are members of special populations Adjustment Assistance (TAA)
provision of extended services. will be provided with equal access to programs. Does the State have a
(§ 625(b)(5).) activities assisted under Title I of policy supporting co-enrollment for
Perkins III and will not be WIA and TAA? (§ 112(b)(17)(A)(ii
(e) Unemployment Insurance,
discriminated against on the basis of and iv).)
summarize requests for any Federal
their status as members of special (e.) How is the State’s workforce
partner assistance (primarily non-
populations. (§ 122(c)(8)(B).) investment system working
financial) that would help the SWA
attain its goal. (b) WIA Title I and Wagner-Peyser collaboratively with business and
Act and/or Veterans Programs industry and the education
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

community to develop strategies to State ensure that migrant and assistance. (§ 402(a)(1)(B) (i) and
overcome barriers to skill seasonal farm workers have equal (ii).); and
achievement and employment access to employment opportunities
(iii) Outline how the State intends
experienced by the populations listed through the State’s One-Stop delivery
to conduct a program designed to
above in section (b)(i)(a.) of this system? Include the number of
reach State and local law
section and to ensure they are being Migrant and Seasonal Farmworkers
enforcement officials, the education
identified as a critical pipeline of (MSFWs) the State anticipates
system, and relevant counseling
workers? reaching annually through outreach
services, that provides education and
to increase their ability to access
(f.) Describe how the State will training on the problem of statutory
core, intensive, and training services
ensure that the full array of One-Stop rape so that teenage pregnancy
in the One-Stop Career Center
services are available to individuals prevention programs may be
System.
with disabilities and that the services expanded in scope to include men.
are fully accessible? (c) Adult Education and Family (§401(a)(1)(A)(vi).)
Literacy:
(g.) Describe the role (g) SCSEP (§ 3(a)(1).): Indicate
LVER/DVOP staff have in the One- (i) Low income students how the State will serve individuals
Stop Delivery System? How will the (§224(b)(10)(A).) age 60 and older as a priority
State ensure adherence to the (§ 516(2)), and the following
(ii) Individuals with disabilities
legislative requirements for veterans’ “preference” groups
(§224(b)(10)(B).)
staff? How will services under this (§502(b)(1)(M)):
Plan take into consideration the (iii) Single parents and displaced
(i) Minorities.
agreement reached between the homemakers (§ 224(b)(10)(C).)
Secretary and the State regarding (ii) Limited English-speakers.
(iv) Individuals with multiple
veterans’ employment programs?
barriers to educational enhancement, (iii) Indian eligible individuals.
(§§ 112(b)(7), 322, 38 U.S.C. chapter
including individuals with limited
41 and 20 CFR 1001.120).) (iv) Individuals with the greatest
English proficiency
economic need.
(h.) Department of Labor (§ 224(b)(10)(D).)
regulations at 29 CFR part 37, (h) CSBG:
(v) Criminal offenders in
require all recipients of Federal
correctional institutions and other (i) Low-income families.
financial assistance from DOL to
institutionalized individuals (§ 225).)
provide meaningful access to limited (ii) Families and individuals
English proficient (LEP) persons. (d) TAA and NAFTA–TAA, describe receiving assistance under part A of
Federal financial assistance includes how rapid response and basic Title IV of the Social Security Act
grants, training, equipment usage, readjustment services authorized (42 U.S.C. 601 et seq.).
donations of surplus property, and under other Federal laws will be
other assistance. Sub-recipients are (iii) Homeless families and
provided to trade-impacted workers.
also covered when Federal DOL individuals.
funds are passed through from one (e) Vocational Rehabilitation:
(iv) Migrant or seasonal
recipient to a sub-recipient. Describe (i) Minorities with most significant farmworkers.
how the State will ensure access to disabilities. (§ 21(c).)
services through the State’s One-Stop (v) Elderly low-income individuals
delivery system by persons with (f) TANF, indicate whether the and families.
limited English proficiency and how State intends to:
(vi) Youth in low-income
the State will meet the requirements (i) Treat families moving into the communities.
of ETA Training and Employment State from another State differently
Guidance Letter (TEGL) 26–02, (i) HUD Employment and Training
than other families under the
(May 29, 2003) which provides Programs: (Reminder: the following
program, and if so, how the State
guidance on methods of complying is a suggestion for incorporating
intends to treat such families under
with the Federal rule. HUD programs into your State’s
the program;
Unified Plan. However, following
(i.) Describe the State’s strategies (ii) Provide assistance under the this guidance will not trigger funding
to enhance and integrate service program to individuals who are not for HUD programs):
delivery through the One-Stop citizens of the United States, and if
delivery system for migrant and (i) Public housing residents
so, shall include an overview of such
seasonal farm workers and (ii) Homeless and other groups
agricultural employers. How will the
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

2. Identify the methods of (ii) Local Planning Process— programs prior to approving the State
collecting data and reporting progress Describe the State mandated Plan.
on the special populations described requirements for local workforce
1. What are the State’s
in Question 1 of this section. areas’ strategic planning. What
performance methodologies,
assistance does the State provide to
3. If your Plan includes Perkins III, indicators and goals in measurable,
local areas to facilitate this process,
Tech-Prep, Adult Education and quantifiable terms for each program
(§ 112(b)(2) and 20 CFR
Family Literacy or Vocational included in the Unified Plan and how
661.350(a)(13)), including:
Rehabilitation, describe the steps the will each program contribute to
eligible agency will take to ensure • What oversight of the local achieving these performance goals?
equitable access to, and equitable planning process is provided, (Performance indicators are generally
participation in, projects or activities including receipt and review of Plans set out by each program’s statute.) In
carried out with the respective funds and negotiation of performance answering the above question, if your
by addressing the special needs of agreements? and Unified Plan includes:
student, teachers, and other program
• How does the local plan approval (a) Perkins III and Tech-Prep:
beneficiaries in order to overcome
process ensure that local plans are
barriers to equitable participation, (i) Identify and describe the core
consistent with State performance
including barriers based on gender, indicators (§ 113(b)(2)(A)(i-iv).), a
goals and State strategic direction?
race, color, national origin, disability, State level of performance for each
and age. (§ 427(b) General Education (iii) Oversight/Monitoring Process core indicator of performance for the
Provisions Act.) — Describe the monitoring and first two program years covered by
oversight criteria and procedures the the State Plan (§ 113(b)(3)(A)(ii).),
J. Professional Development and
State utilizes to move the system any additional indicators identified
System Improvement
toward the State’s vision and achieve by the eligible agency
1. How will your State develop the goals identified above, such as (§ 113(b)(1)(B).), and a State level of
personnel to achieve the performance the use of mystery shoppers, performance for each additional
indicators for the programs included performance agreements. indicator (§ 113(b)(3)(B).)
in your Plan? (§112(b)(14).)
(ii) Describe how the effectiveness
In answering the above question, if (c) Vocational Rehabilitation, of vocational and technical education
your Unified Plan includes: describe the designated State programs will be evaluated annually.
agency’s policies, procedures and (§122(c)(6).)
(a) Perkins III:
activities to establish and maintain a
(iii) Describe how individuals who
(i) Describe how comprehensive comprehensive system of personnel
are member of special populations
professional development (including development designed to ensure an
will be provided with programs
initial teacher preparation) for adequate supply of qualified State
designed to enable the special
vocational and technical, academic, rehabilitation professional and
populations to meet or exceed State
guidance, and administrative paraprofessional personnel for the
adjusted levels of performance, and
personnel will be provided. designated State unit pursuant to
how it will prepare special
(§ 122(c)(2).) section 101(a)(7) of the Act.
populations for further learning and
(§ 101(a)(7).)
(ii) Describe how the eligible for high skill, high wage careers.
agency will provide local educational K. Performance Accountability (§122(c)(8)(C).)
agencies, area vocational and
Nothing in this guidance shall (iv) Describe what steps the
technical education schools, and
relieve a State of its responsibilities eligible agency will take to involve
eligible institutions in the State with
to comply with the accountability representatives of eligible recipients
technical assistance. (§122(c)(14).)
requirements of WIA Title I and II in the development of the State
(b) WIA Title I and Wagner-Peyser and the Carl D. Perkins Vocational adjusted levels of performance.
Act and/or Veterans Programs: and Technical Education Act of 1998 (§ 122(c)(9).)
(Perkins III), including, for example,
(i) How will your State build the (b) WIA Title I and Wagner-Peyser
the requirements to renegotiate
capacity of Local Boards to develop Act and/or Veterans Programs:
performance levels at statutorily
and manage high performing local
defined points in the 5-year Unified (i) Improved performance and
workforce investment system?
Plan cycle. The appropriate Secretary accountability for customer-focused
(§§ 111(d)(2) and 112(b)(14).)
will negotiate adjusted levels of results are central features of WIA.
performance with the State for these To improve, States need not only
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

systems in place to collect data and (iv) Describe any actions the (i) Include a description of how the
track performance, but also systems Governor and State Board will take eligible agency will evaluate
to analyze the information and to ensure collaboration with key annually the effectiveness of the
modify strategies to improve partners and continuous Adult Education and Family Literacy
performance. (See Training and improvement of the Statewide activities, such as a comprehensive
Employment Guidance Letter workforce investment system. performance accountability system,
(TEGL) 15–03, Common Measures (§§ 111(d)(2) and 112(b)(1).) based on the performance measures
Policy, December 10, 2003.) In this in section 212.
(v) How do the State and Local
section, describe how the State
Boards evaluate performance? What (ii) Identify levels of performance
measures the success of its strategies
corrective actions (including for the core indicators of
in achieving its goals, and how the
sanctions and technical assistance) performance described in section
State uses this data to continuously
will the State take if performance 212(b)(2)(A) for the first three
improve the system.
falls short of expectations? How will program years covered by the Plan
(i) Describe the State’s the State and Local Boards use the (§ 212(b)(3)(A)(ii).), and any
performance accountability system, review process to reinforce the additional indicators selected by the
including any State-system measures strategic direction of the system? eligible agency. (§ 212 (b)(2)(B).)
and the State’s performance goals (§§ 111(d)(2), 112(b)(1), and
(iii) Describe how such
established with local areas. Identify 112(b)(3).)
performance measures will be used
the performance indicators and goals
(vi) What steps, has the State taken to ensure the improvement of Adult
the State has established to track its
to prepare for implementation of new Education and Family Literacy
progress toward meeting its strategic
reporting requirements against the activities in the State or outlying
goals and implementing its vision for
common performance measures as area. (§ 224(b)(4).)
the workforce investment system.
described in Training and
For each of the core indicators, (d) Unemployment Insurance:
Employment Guidance Letter
explain how the State worked with
(TEGL), 15–03, December 10, 2003, (i) Submit a Plan to achieve an
Local Boards to determine the level
Common Measures Policy. Note: See enhanced goal in service delivery for
of the performance goals. Include a
TEGL 18–04 which articulates ETA’s areas in which performance is not
discussion of how the levels compare
plans for future policy guidance on deficient. Goals may be set at a
with the State’s previous outcomes as
negotiating performance levels and State’s own initiative or as the result
well as with the State-adjusted levels
common measures. of negotiations initiated by the
of performance established for other
Regional Office.
States (if available), taking into (vii) Include a proposed level for
account differences in economic each performance measure for each (ii) Identify
conditions, the characteristics of of the program years covered by the milestones/intermediate
participants when they entered the Plan. accomplishments that the SWA will
program and the services to be use to monitor progress toward the
While the Plan is under review, the
provided. Include a description of goals.
State will negotiate with the
how the levels will help the State
respective ETA Regional (e) TANF, outline how the State
achieve continuous improvement
Administrator to set the appropriate intends to establish goals and take
over the two years of the Plan.
levels for the next two years. At a action to prevent and reduce the
(§§ 112(b)(3) and 136(b)(3).)
minimum, States must identify the incidence of out of wedlock
(ii) Describe any targeted applicant performance indicators required pregnancies, with special emphasis
groups under WIA title I, the under section 136, and, for each on teenage pregnancies, and establish
Wagner-Peyser Act or title 38 indicator, the State must develop an numerical goals for reducing the
chapters 41 and 42 (Veterans objective and quantifiable illegitimacy ratio of the State for
Employment and Training Programs) performance goal for two program calendar years 1996 through 2005.
that the State tracks. (§§ 111(d)(2), years. States are encouraged to (§ 402(a)(1)(A)(v).)
112(b)(3) and 136(b)(2)(C).) address how the performance goals
(f) SCSEP: Provisions on
for local workforce investment areas
(iii) Identify any performance performance are set forth in section
and training provides will help them
outcomes or measures in addition to G.1. (g)(xxv) of these instructions.
attain their Statewide performance
those prescribed by WIA and what
goals. (§§ 112(b)(3) and 136).) (g) CSBG:
process is the State using to track and
report them? (c) Adult Education and Family (i) Describe how the State and all
Literacy: eligible entities in the State will
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

participate in the Results Oriented (b) WIA Title I and Wagner-Peyser (ii) To the extent the goals were not
Management and Accountability Act and/or Veterans Programs, achieved, a description of the factors
System, a performance measure describe the State’s common data that impeded that achievement.
system pursuant to Section 678E(b) system and reporting processes in
(iii) An assessment of the
of the Act, or an alternative system place to track progress. Describe
performance of the State on the
for measuring performance and what data will be collected from the
standards and indicators established
results that meets the requirements of various One-Stop partners (beyond
pursuant to section 106 of the Act.
that section, and a description of that required by DOL), use of
(§ 101(a)(15)(E)(i).)
outcome measures to be used to quarterly wage records (including
measure eligible entity performance how your State accesses wage (b) Unemployment Insurance,
in promoting self-sufficiency, family records), and how the Statewide explain the reasons for the areas in
stability, and community system will have access to the which the State’s performance is
revitalization. information needed to continuously deficient. If a Corrective Action Plan
improve. (§ 112(b)(8)(B).) was in place the previous fiscal year,
(ii) Describe the standards and
provide an explanation of why the
procedures that the State will use to (c) Food Stamp Employment &
actions contained in that Plan were
monitor activities carried out in Training, describe how employment
not successful in improving
furtherance of the Plan and will use and training data will be compiled
performance. Identify steps to
to ensure long-term compliance with and where responsibility for
improve performance, including an
requirements of the programs employment and training reporting is
explanation of why the actions now
involved, including the organizationally located at the State
specified will be more successful.
comprehensive planning level. Include the department,
requirements. (§ 91.330) agency, and telephone number for the N. Waiver and Work-Flex Requests
person(s) responsible for both
2. Has the State developed any 1. Will your State be requesting
financial and non-financial E&T
common performance goals waivers as a part of this Unified
reporting.
applicable to multiple programs? If Plan?
so, describe the goals and how they 2. What common data elements
In answering the above question,
were developed. and reporting systems are in place to
the following waiver provisions
promote integration of Unified Plan
L. Data Collection apply if your Unified Plan includes:
activities?
1. What processes does the State (a) WIA Title I and Wagner-Peyser
M. Corrective Action
have in place to collect and validate Act and/or Veterans Programs, States
data to track performance and hold 1. Describe the corrective actions may submit a Workforce Flexibility
providers/ operators/subgrantees the State will take for each program, (Work-Flex) Plan under WIA section
accountable? as applicable, if performance falls 192 and/ or a General Statutory
short of expectations. Waiver Plan under WIA section
In answering the above question, if
189(i) as part of the WIA Title I Plan.
your Unified Plan includes: In answering the above question, if
These waiver Plans may also be
your Unified Plan includes:
(a) Perkins III and Tech-Prep: submitted separately, in which case
(a) Vocational Rehabilitation, they must identify related provisions
(i) Describe how data will be
include the results of an evaluation of in the State’s Title I Plan. State
reported relating to students
the effectiveness of the vocational Waiver Plans should be developed in
participating in vocational and
rehabilitation program, and a report accordance with planning
technical education in order to
jointly developed with the State requirements at subpart D of 20 CFR
adequately measure the progress of
Rehabilitation Council (if the State part 661.420 and planning guidelines
the students, including special
has a Council) on the progress made issued by the Department of Labor.
populations. (§ 122(c)(12).)
in improving effectiveness from the
(b) Vocational Rehabilitation, if a
(ii) Describe how the data reported previous year including:
State requests a waiver of the
to the eligible agency from local
(i) An evaluation of the extent to Statewide requirement identified in
educational agencies and eligible
which program goals were achieved assurance number 13 for the
institutions under Perkins III and the
and a description of the strategies vocational rehabilitation program in
data you report to the Secretary are
that contributed to achieving the Section III of this unified planning
complete, accurate, and reliable.
goals. guidance, the request must be made
(§122(c)(20).)
in accordance with the provisions of
34 CFR 361.26(b).
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

IV. Certifications and Assurances programs: Perkins III, Tech-Prep, By signing the Unified Plan
Adult Education and Literacy or signature page, you are certifying
General Certifications and
vocational rehabilitation. A State may that:
Assurances
satisfy the EDGAR requirement by
1. The ED grantee has filed ED
By signing the Unified Plan having all responsible State agency
80– 0013. This form also applies to
signature page, you are certifying officials sign a single set of EDGAR
AEFLA and RSA. States can print
that: certifications.
ED 80–0013 from
1. The methods used for joint EDGAR Certifications http://ocfo.ed.gov/grntinfo/
planning and coordination of the appforms.htm.
By signing the Unified Plan
programs and activities included in
signature page, you are certifying Perkins III
the Unified Plan included an
that:
opportunity for the entities By signing the Unified Plan
responsible for planning or 1. The Plan is submitted by the signature page, the eligible agency is
administering such programs and State agency that is eligible to submit certifying that:
activities to review and comment on the Plan. [34 CFR 76.104(a)(1).]
1. The State Plan complies with
all portions of the Unified Plan.
2. The State agency has authority the requirements of title I of
(WIA, § 501(c)(3)(B).)
under State law to perform the Perkins III and the provisions of
In addition, if you submit your functions of the State under the the State Plan, including the
Unified Plan by posting it on an program. [34 CFR 76.104(a)(2)] provision of a financial audit of
Internet Web site, you are certifying funds received under this title
3. The State legally may carry out
that: which may be included as part of
each provision of the Plan. [34 CFR
an audit of other Federal or State
2. The content of the submitted 76.104(a)(3)]
programs. (§122(c)(10).)
Plan will not be changed after it is
4. All provisions of the Plan are
submitted. Plan modifications must 2. None of the funds expended
consistent with State law. [34 CFR
be approved by the reviewing State under title I of Perkins III will be
76.104(a)(4)]
agency. It is the responsibility of the used to acquire equipment
designated agency to circulate the 5. A State officer, specified by title (including computer software) in
modifications among the other in the certification, has authority any instance in which such
agencies that may be affected by the under State law to receive, hold, and acquisition results in a direct
changes. disburse Federal funds made financial benefit to any
available under the Plan. [34 CFR organization representing the
In addition, the following
76.104(a)(5)] interests of the purchasing entity,
certifications and assurances apply to
the employees of the purchasing
the extent that the programs and 6. The State officer who submits
entity, or any affiliate of such an
activities are included in your State the Plan, specified by title in the
organization. (§122(c)(11).)
Unified Plan. certification, has authority to submit
the Plan. [34 CFR 76.104(a)(6)] 3. Section 501(b)(1) provides
3. Nonconstruction Programs. By
that secondary vocational
signing the Unified Plan signature 7. The agency that submits the
education programs authorized
page, you are certifying that: Plan has adopted or otherwise
under Perkins III may only be
formally approved the Plan. [34 CFR
1. The grantee has filed the included in a Unified Plan “with
76.104(a)(7)]
Government-wide standard the prior approval of the legislature
assurances for nonconstruction 8. The Plan is the basis for State of the State.” Documentation of
programs (SF 424). States can print operation and administration of the this approval is submitted with the
SF 424 from http:// program. [34 CFR 76.104(a)(8)] Unified Plan. State legislative
ocfo.ed.gov/grntinfo/appforms.htm. approval may be conferred by a
9. A copy of the State Plan was resolution adopted by votes of both
EDGAR Certifications, submitted into the State houses of your State legislature
Nonconstruction Programs, Intergovernmental Review Process. (unless your State has a unicameral
Debarment, Drug-Free Work Place [Executive Order 12372]. legislature) on any date following
and Lobbying Certifications
Debarment, Drug-Free Work Place, July 28, 1998. The resolution need
You must include the following and Lobbying not be freestanding; it may be
certifications for each of the State included as an amendment to other
agencies that administer one of these legislation. In either event, the
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

resolution should be specific and title 38 U.S. Code. The State assures (ii) 29 CFR part 96 (as amended by
refer to the requirements of section that it will comply with the veterans OMB Circular A–133)—Single Audit
501(b)(1) and must clearly priority established in the Jobs for Act.
differentiate between secondary Veterans Act. (38 U.S.C. 4215).)
(iii) OMB Circular A–87—Cost
and postsecondary vocational
5. The State assures that the Principles (as amended by the Act).
education.
Governor shall, once every two
b. Assurances and Certifications:
WIA Title I/Wagner-Peyser years, certify one Local Board for
Act/Veterans Programs each local area in the State. (i) SF 424 B—Assurances for
(§ 117(c)(2).) Non-construction Programs.
By signing the Unified Plan
signature page, you are certifying 6. The State assures that it will (ii) 29 CFR part 37 —
that: comply with the confidentiality Nondiscrimination and Equal
requirements of section 136(f)(3). Opportunity Assurance (and
1. The State assures that it will
regulation) 29 CFR 37.20.
establish, in accordance with section 7. The State assures that no funds
184 of the Workforce Investment received under the Workforce (iii) CFR part 93—Certification
Act, fiscal control and fund Investment Act will be used to assist, Regarding Lobbying (and
accounting procedures that may be promote, or deter union organizing. regulation).
necessary to ensure the proper (§181(b)(7).)
(iv) 29 CFR part 98—Drug Free
disbursement of, and accounting for,
8. The State assures that it will Workplace and Debarment and
funds paid to the State through the
comply with the nondiscrimination Suspension Certifications (and
allotments made under sections 127
provisions of section 188, including regulation).
and 132. (§ 112(b)(11).)
an assurance that a Methods of
c. Special Clauses/Provisions:
2. The State assures that it will
Administration has been developed
comply with section 184(a)(6), which Other special assurances or
and implemented. (§ 188.).
requires the Governor to, every two provisions as may be required under
years, certify to the Secretary, that— 9. The State assures that it will Federal law or policy, including
collect and maintain data necessary specific appropriations legislation,
a. the State has implemented the
to show compliance with the the Workforce Investment Act, or
uniform administrative requirements
nondiscrimination provisions of subsequent Executive or
referred to in section 184(a)(3);
section 188. (§ 185.). Congressional mandates.
b. the State has annually monitored
10. The State assures that it will 11. The State certifies that the
local areas to ensure compliance with
comply with the grant procedures Wagner-Peyser Act Plan, which is
the uniform administrative
prescribed by the Secretary (pursuant part of this document, has been
requirements as required under
to the authority at section 189(c) of certified by the State Employment
section 184(a)(4); and
the Act) which are necessary to enter Security Administrator.
c. the State has taken appropriate into grant agreements for the
12. The State certifies that
action to secure compliance pursuant allocation and payment of funds
veterans’ services provided with
to section 184(a)(5). (§ 184(a)(6).) under the Act. The procedures and
Wagner-Peyser Act funds will be in
agreements will be provided to the
3. The State assures that the adult compliance with 38 U.S.C. chapter
State by the ETA Office of Grants
and youth funds received under the 41 and 20 CFR part 1001.
and Contract Management and will
Workforce Investment Act will be
specify the required terms and 13. The State certifies that Wagner-
distributed equitably throughout the
conditions and assurances and Peyser Act-funded labor exchange
State, and that no local areas will
certifications, including, but not activities will be provided by merit-
suffer significant shifts in funding
limited to, the following: based public employees in
from year to year during the period
accordance with DOL regulations.
covered by this Plan. a. General Administrative
(§ 112(b)(12)(B).) Requirements: 14. The State assures that it will
comply with the MSFW significant
4. The State assures that veterans (i) 29 CFR part 97—Uniform
office requirements in accordance
will be afforded employment and Administrative Requirements for
with 20 CFR part 653.
training activities authorized in State and Local Governments (as
section 134 of the Workforce amended by the Act). 15. The State certifies it has
Investment Act, and the activities developed this Plan in consultation
authorized in chapters 41 and 42 of with local elected officials, Local
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

Workforce Boards, the business applicant understands that the United provided to the State as
community, labor organizations and States has the right to seek judicial reimbursements under Sections
other partners. enforcement of this assurance. 16(h)(2) and 16(h)(3) of the Act will
be used only for operating an
16. As a condition to the award of 17. The State assures that funds
employment and training program
financial assistance from the will be spent in accordance with the
under section 6(d)(4) of the Act.
Department of Labor under title I of Workforce Investment Act and the
WIA, the grant applicant assures that Wagner-Peyser Act and their 2. The State will submit to the
it will comply fully with the regulations, written Department of Food and Nutrition Service (FNS)
nondiscrimination and equal Labor Guidance implementing these annual updates to its Employment
opportunity provisions of the laws, and all other applicable Federal and Training Plan for the coming
following laws: and State laws. fiscal year. The updates are due by
August 15 of each year. The annual
a. Section 188 of the Workforce Adult Education and Family Literacy
update must include any changes the
Investment Act of 1998 (WIA),
By signing the Unified Plan State anticipates making in the basic
which prohibits discrimination
signature page, you are certifying structure or operation of its program.
against all individuals in the United
that: At a minimum, the annual update
States on the basis of race, color,
must contain revisions to Tables 1
religion, sex, national origin, age, 1. The eligible agency will award
(Estimated Participant Levels), 2
disability, political affiliation or not less than one grant to an eligible
(Estimated E&T Placement Levels),
belief, and against beneficiaries on provider who offers flexible
4 (Operating Budget), and 5
the basis of either citizenship/status schedules and necessary support
(Funding Categories).
as a lawfully admitted immigrant services (such as child care and
authorized to work in the United transportation) to enable individuals, 3. If significant changes are to be
States or participation in any WIA including individuals with made to its E&T program during the
title I—financially assisted program disabilities, or individuals with other fiscal year, the State will submit to
or activity; special needs, to participate in Adult FNS a request to modify its Plan.
Education and Literacy activities, FNS must approve the modification
b. Title VI of the Civil Rights Act
which eligible provider shall attempt request before the proposed change is
of 1964, as amended, which prohibits
to coordinate with support services implemented. The State may be
discrimination on the basis of race,
that are not provided under this liable for costs associated with
color and national origin; Section
subtitle prior to using funds for Adult implementation prior to approval.
504 of the Rehabilitation Act of
Education and Literacy activities See “The Handbook on Preparing
1973, as amended, which prohibits
provided under AEFLA for support State Plans for Food Stamp
discrimination against qualified
services. (§224(b)(5).) Employment and Training Programs”
individuals with disabilities;
for additional information.
2. The funds received under
c. The Age Discrimination Act of
subtitle A of title II of WIA will not 4. The State will submit a quarterly
1975, as amended, which prohibits
be expended for any purpose other E&T report, FNS–583. Reports are
discrimination on the basis of age;
than for activities under subtitle A of due no later than 45 days after the
and
title II of WIA. (§224(b)(6).) end of each Federal fiscal quarter.
d. Title IX of the Education The information required on the
3. The eligible agency will expend
Amendments of 1972, as amended, FNS–583 is listed in Exhibit 3 of the
the funds under subtitle A of title II
which prohibits discrimination on the “The Handbook on Preparing State
of WIA only in a manner consistent
basis of sex in educational programs. Plans for Food Stamp Employment
with fiscal requirements in section
and Training Programs.”
e. The grant applicant also assures 241. (§224(b)(8).)
that it will comply with 29 CFR part 5. The State will submit E&T
Food Stamp Employment and
37 and all other regulations program financial information on the
Training (FSET)
implementing the laws listed above. SF–269, Financial Status Report. It
This assurance applies to the grant By signing the Unified Plan must include claims for the 100
applicant’s operation of the WIA signature page, you are certifying percent Federal grant, 50 percent
Title I-financially assisted program that: matched funding, and participant
or activity, and to all agreements the reimbursements. The SF– 269 is due
1. Federal funds allocated by the 30 days after the end of each Federal
grant applicant makes to carry out the
Department of Agriculture to the fiscal quarter.
WIA Title I-financially assisted
State under section 16(h)(1) of the
program or activity. The grant
Food Stamp Act of 1977 (the Act), or
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

6. The State will deliver each 3. The designated State agency or provision of vocational rehabilitation
component of its E&T program designated State unit is authorized to services under the State Plan and
through the One-Stop delivery submit this State Plan under title I of supported employment services
system, an interconnected strategy the Act and its supplement under title under the supplement to the State
for providing comprehensive labor VI, part B of the Act. Plan, including making any
market and occupational information amendment to such policies and
4. The State submits only those
to job seekers, employers, core procedures, conducts public meetings
policies, procedures, or descriptions
services providers, other workforce throughout the State after providing
required under this State Plan and its
employment activity providers, and adequate notice of the meetings, to
supplement that have not been
providers of workforce education provide the public, including
previously submitted to and approved
activities. If the component is not individuals with disabilities, an
by the Commissioner of the
available locally through such a opportunity to comment on the
Rehabilitation Services
system, the State may use another policies or procedures, and actively
Administration. (§ 101(a)(1)(B).)
source. consults with the Director of the
5. The State submits to the client assistance program, and, as
Vocational Rehabilitation
Commissioner at such time and in appropriate, Indian tribes, tribal
By signing the Unified Plan such manner as the Secretary organizations, and Native Hawaiian
signature page, you are certifying determines to be appropriate, reports organizations on the policies or
that: containing annual updates of the procedures. (§ 101(a)(16)(A).)
information relating to the:
1. As a condition for the receipt 9. The designated State agency
comprehensive system of personnel
Federal funds under title I, part B of takes into account, in connection
development; assessments, estimates,
the Rehabilitation Act for the with matters of general policy arising
goals and priorities, and reports of
provision of vocational rehabilitation in the administration of the Plan, the
progress; innovation and expansion
services, the designated State agency views of individuals and groups of
activities; and requirements under
agrees to operate and administer the individuals who are recipients of
title I, part B or title VI, part B of the
State Vocational Rehabilitation vocational rehabilitation services, or
Act. (§ 101(a)(23).)
Services Program in accordance with in appropriate cases, the individual’s
provisions of this title I State Plan, 6. The State Plan and its representatives; personnel working in
the Act and all applicable regulations, supplement are in effect subject to programs that provide vocational
policies and procedures established the submission of such modifications rehabilitation services to individuals
by the Secretary. Funds made as the State determines to be with disabilities; providers of
available under section 111 of the Act necessary or as the Commissioner vocational rehabilitation services to
are used solely for the provision of may require based on a change in individuals with disabilities; the
vocational rehabilitation services State policy, a change in Federal law, Director of the client assistance
under title I and the administration of including regulations, an program; and the State Rehabilitation
the title I State Plan. interpretation of the Act by a Federal Council, if the State has such a
court or the highest court of the State, Council. (§101(a)(16)(B))
2. As a condition of the receipt of
or a finding by the Commissioner of
Federal funds under title VI, part B 10. The designated State agency
State noncompliance with the
of the Act for supported employment (or, as appropriate, agencies) is a
requirements of the Act, until the
services, the designated State agency State agency that is:
State submits and receives approval
agrees to operate and administer the
of a new State Plan or Plan a. __ primarily concerned with
State Supported Employment
supplement. (§ 101(a)(1)(C).) vocational rehabilitation, or
Services Program in accordance with
vocational and other rehabilitation, of
the provisions of the supplement to 7. The State has an acceptable plan
individuals with disabilities; or
this State Plan, the Act, and all for carrying out part B of title VI of
applicable regulations, policies, and the Act, including the use of funds b. __ not primarily concerned with
procedures established by the under that part to supplement funds vocational rehabilitation, or
Secretary. Funds made available made available under part B of title I vocational and other rehabilitation, of
under title VI, part B are used solely of the Act to pay for the cost of individuals with disabilities, and
for the provision of supported services leading to supported includes within the State agency a
employment services and the employment. (§101(a)(22).) vocational rehabilitation bureau, or
administration of the supplement to division, or other organizational unit
8. The designated State agency,
the title I State Plan. that: is primarily concerned with
prior to the adoption of any policies
vocational rehabilitation, or
or procedures governing the
vocational and other rehabilitation, of
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

individuals with disabilities, and is a summary of input provided by the (including funds contributed to such
responsible for the designated State Council, including recommendations agency by a private agency,
agency’s vocational rehabilitation from the annual report of the Council organization, or individual); and in a
program; has a full-time director; has described in section 105(c)(5) of the case in which earmarked funds are
a staff, all or substantially all of Act, the review and analysis of used toward the non-Federal share
whom are employed full time on the consumer satisfaction described in and such funds are earmarked for
rehabilitation work of the section 105(c)(4), and other reports particular geographic areas within the
organizational unit; and is located at prepared by the Council, and the State, the earmarked funds may be
an organizational level and has an response of the designated State unit used in such areas if the State notifies
organizational status within the to such input and recommendations, the Commissioner that the State
designated State agency comparable including explanations for rejecting cannot provide the full non-Federal
to that of other major organizational any input or recommendation; and share without such funds.
units of the designated State agency. transmits to the Council all Plans, (§101(a)(4).)
(§ 101(a)(2)(B).) reports, and other information
14. The State agency employs
required under this title to be
11. The designated State agency methods of administration found by
submitted to the Secretary; all
(or, as appropriate, agencies): the Commissioner to be necessary for
policies, and information on all
the proper and efficient
a. __ is an independent practices and procedures, of general
administration of the State Plan.
commission that is responsible under applicability provided to or used by
(§ 101(a)(6)(A).)
State law for operating, or overseeing rehabilitation personnel in carrying
the operation of, the vocational out this title; and copies of due 15. The designated State agency
rehabilitation program in the State; is process hearing decisions issued and entities carrying out community
consumer-controlled by persons who under this title, which shall be rehabilitation programs in the State,
are individuals with physical or transmitted in such a manner as to who are in receipt of assistance under
mental impairments that substantially ensure that the identity of the title I of the Act, take affirmative
limit major life activities; and participants in the hearings is kept action to employ and advance in
represent individuals with a broad confidential. (§ 101(a)(21).) employment qualified individuals
range of disabilities, unless the with disabilities covered under and
12. The State provides for financial
designated State unit under the on the same terms and conditions as
participation, or if the State so elects,
direction of the commission is the set forth in section 503 of the Act.
by the State and local agencies, to
State agency for individuals who are (§ 101(a)(6)(B).)
provide the amount of the non-
blind; includes family members,
Federal share of the cost of carrying 16. Facilities used in connection
advocates, or other representatives,
out title I, part B of the Act. with the delivery of services assisted
of individuals with mental
(§ 101(a)(3).) under the State Plan comply with the
impairments; and undertakes the
provisions of the Act entitled “An
functions set forth in section 13. The Plan is in effect in all
Act to insure that certain buildings
105(c)(4) of the Act; or political subdivisions of the State,
financed with Federal funds are so
except that in the case of any activity
b. __ has established a State designed and constructed as to be
that, in the judgment of the
Rehabilitation Council that meets the accessible to the physically
Commissioner, is likely to assist in
criteria set forth in section 105 of the handicapped,” approved on August
promoting the vocational
Act and the designated State unit: 12, 1968 (commonly known as the
rehabilitation of substantially larger
jointly with the Council develops, “Architectural Barriers Act of
numbers of individuals with
agrees to, and reviews annually State 1968”), with section 504 of the Act
disabilities or groups of individuals
goals and priorities, and jointly and with the Americans with
with disabilities, the Commissioner
submits annual reports of progress Disabilities Act of 1990.
may waive compliance with the
with the Council, in accordance with (§ 101(a)(6)(C).)
requirement that the Plan be in effect
the provisions of section 101(a)(15)
in all political subdivisions of the 17. If, under special circumstances,
of the Act; regularly consults with the
State to the extent and for such the State Plan includes provisions for
Council regarding the development,
period as may be provided in the construction of facilities for
implementation, and revision of State
accordance with regulations community rehabilitation programs
policies and procedures of general
prescribed by the Commissioner, but —
applicability pertaining to the
only if the non-Federal share of the
provision of vocational rehabilitation a. The Federal share of the cost of
cost of the vocational rehabilitation
services; includes in the State Plan construction for the facilities for a
services involved is met from funds
and in any revision to the State Plan, fiscal year will not exceed an amount
made available by a local agency
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

equal to 10 percent of the State’s agencies and organizations. ensure that individuals with
allotment under section 110 for such (§ 101(a)(24)(A).) disabilities are provided accurate
year; vocational rehabilitation information
20. The designated State agency
and guidance, using appropriate
b. The provisions of section 306 has cooperative agreements with
modes of communication, to assist
(as in effect on the day before the other entities that are components of
such individuals in preparing for,
date of enactment of the the Statewide workforce investment
securing, retaining, or regaining
Rehabilitation Act Amendments of system of the State in accordance
employment, and are appropriately
1998) shall be applicable to such with section 101(a)(11)(A) of the Act
referred to Federal and State
construction and such provisions and replicates these cooperative
programs, including other
shall be deemed to apply to such agreements at the local level between
components of the Statewide
construction; and individual offices of the designated
workforce investment system in the
State unit and local entities carrying
c. There shall be compliance with State. (§101(a)(20).)
out activities through the Statewide
regulations the Commissioner shall
workforce investment system. 26. In the event that vocational
prescribe designed to assure that no
(§ 101(a)(11)(A) and (B).) rehabilitation services cannot be
State will reduce its efforts in
provided to all eligible individuals
providing other vocational 21. The designated State unit, the
with disabilities in the State who
rehabilitation services (other than for Statewide Independent Living
apply for the services, individuals
the establishment of facilities for Council established under section
with the most significant disabilities,
community rehabilitation programs) 705 of the Act, and the independent
in accordance with criteria
because the Plan includes such living centers described in part C of
established by the State for the order
provisions for construction. title VII of the Act within the State
of selection, will be selected first for
(§ 101(a)(17).) have developed working
the provision of vocational
relationships and coordinate their
18. The designated State unit rehabilitation services and eligible
activities. (§ 101(a)(11)(E).)
submits, in accordance with section individuals, who do not meet the
101(a)(10) of the Act, reports in the 22. If there is a grant recipient in order of selection criteria, shall have
form and level of detail and at the the State that receives funds under access to services provided through
time required by the Commissioner part C of the Act, the designated the information and referral system
regarding applicants for and eligible State agency has entered into a implemented under section
individuals receiving services under formal agreement that meets the 101(a)(20) of the Act.
the State Plan and the information requirements of section 101(a)(11)(F) (§ 101(a)(5)(C) and (D).)
submitted in the reports provides a of the Act with each grant recipient.
27. Applicants and eligible
complete count, unless sampling (§ 101(a)(11)(F).)
individuals, or, as appropriate, the
techniques are used, of the applicants
23. Except as otherwise provided applicants’ representatives or the
and eligible individuals in a manner
in part C of title I of the Act, the individuals’ representatives, are
that permits the greatest possible
designated State unit provides provided information and support
cross-classification of data and
vocational rehabilitation services to services to assist the applicants and
ensures the confidentiality of the
American Indians who are eligible individuals in exercising
identity of each individual.
individuals with disabilities residing informed choice throughout the
(§ 101(a)(10)(A) and (F).)
in the State to the same extent as the rehabilitation process, consistent with
19. The designated State agency designated State agency provides the provisions of section 102(d) of
has the authority to enter into such services to other significant the Act. (§ 101(a)(19).)
contracts with for-profit populations of individuals with
28. An individualized plan for
organizations for the purpose of disabilities residing in the State.
employment meeting the
providing, as vocational (§101(a)(13).)
requirements of section 102(b) of the
rehabilitation services, on-the-job
24. No duration of residence Act will be developed and
training and related programs for
requirement is imposed that excludes implemented in a timely manner for
individuals with disabilities under
from services under the Plan any an individual subsequent to the
part A of title VI of the Act, upon the
individual who is present in the State. determination of the eligibility of the
determination by the designated State
(§101(a)(12).) individual for services, except that in
agency that such for-profit
a State operating under an order of
organizations are better qualified to 25. The designated State agency
selection, the Plan will be developed
provide such vocational has implemented an information and
and implemented only for individuals
rehabilitation services than non-profit referral system that is adequate to
meeting the order of selection
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

criteria; services under this Plan will An immediate job placement; or individual’s representative), to
be provided in accordance with the determine the interests, priorities, and
Provision of such service to any
provisions of the individualized plan needs of the individual with respect
individual who is determined to be at
for employment. (§ 01(a)(9).) to competitive employment or
extreme medical risk, based on
training for competitive employment;
29. Prior to providing any medical evidence provided by an
provides for the input into the review
vocational rehabilitation services, appropriate qualified medical
and reevaluation, and a signed
except: professional. (§ 101(a)(8)(A).)
acknowledgment that such review
a. Assessment for determining 30. The Governor of the State in and reevaluation have been
eligibility and vocational consultation with the designated conducted, by the individual with a
rehabilitation needs by qualified State vocational rehabilitation agency disability, or, if appropriate, the
personnel, including, if appropriate, and other appropriate agencies individual’s representative; and
an assessment by personnel skilled in ensures that there is an interagency makes maximum efforts, including
rehabilitation technology; agreement or other mechanism for the identification and provision of
interagency coordination that meets vocational rehabilitation services,
b. Counseling and guidance,
the requirements of section reasonable accommodations, and
including information and support
101(a)(8)(B)(i)– other necessary support services, to
services to assist an individual in
assist such individuals in engaging in
exercising informed choice (iv) of the Act between any
competitive employment.
consistent with the provisions of appropriate public entity, including
(§ 101(a)(14).)
section 102(d) of the Act; the State Medicaid program, public
institution of higher education, and a 32. Funds made available under
c. Referral and other services to
component of the Statewide title VI, part B of the Act will only be
secure needed services from other
workforce investment system, and used to provide supported
agencies through agreements
the designated State unit so as to employment services to individuals
developed under section 101(a)(11)
ensure the provision of the vocational who are eligible under this part to
of the Act, if such services are not
rehabilitation services identified in receive the services.
available under this State Plan;
section 103(a) of the Act, other than (§ 625(b)(6)(A).)
d. Job-related services, including the services identified as being
33. The comprehensive
job search and placement assistance, exempt from the determination of the
assessments of individuals with
job retention services, follow-up availability of comparable services
significant disabilities conducted
services, and follow-along services; and benefits, that are included in the
under section 102(b)(1) of the Act
individualized plan for employment
e. Rehabilitation technology, and funded under title I will include
of an eligible individual, including
including telecommunications, consideration of supported
the provision of such services during
sensory, and other technological aids employment as an appropriate
the pendency of any dispute that may
and devices; and employment outcome.
arise in the implementation of the
(§ 625(b)(6)(B).)
f. Post-employment services interagency agreement or other
consisting of the services listed under mechanism for interagency 34. An individualized plan for
subparagraphs (a) through (e), to an coordination. (§ 101(a)(8)(B).) employment, as required by section
eligible individual, or to members of 102 of the Act, will be developed and
31. The State agency conducts an
the individual’s family, the State unit updated using funds under title I in
annual review and reevaluation of the
determines whether comparable order to specify the supported
status of each individual with a
services and benefits exist under any employment services to be provided;
disability served under this State Plan
other program and whether those specify the expected extended
who has achieved an employment
services and benefits are available to services needed; and identify the
outcome either in an extended
the individual unless the source of extended services, which
employment setting in a community
determination of the availability of may include natural supports, or to
rehabilitation program or any other
comparable services and benefits the extent that it is not possible to
employment under section 14(c) of
under any other program would identify the source of extended
the Fair Labor Standards Act
interrupt or delay: services at the time the
(29 U.S.C.
individualized plan for employment
Progress of the individual toward is developed, a statement describing
214(c)) for 2 years after the
achieving the employment outcome the basis for concluding that there is
achievement of the outcome (and
identified in the individualized plan a reasonable expectation that such
annually thereafter if requested by
for employment;
the individual or, if appropriate, the
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

sources will become available. States should not include written mandatory meetings and training
(§ 625(b)(6)(C).) assurances in their Unified Plan sessions, or unused funds will be
submittal. The assurances are returned.
35. The State will use funds
identified and explained in
provided under title VI, part B only States that have subawards to
Paragraphs (2)–(11) below.
to supplement, and not supplant, the organizations covered by audit
funds provided under title I, in 2. Assurance of Equal Opportunity requirements of OMB Circular A–
providing supported employment (EO). As a condition to the award of 133 (Revised) (Audit Requirements
services specified in the financial assistance from ETA: of Institutions of Higher Education
individualized plan for employment. and Other Non-Profits) must (1)
(a) The State assures that it will
(§ 625(b)(6)(D).) ensure that such subrecipients meet
comply with the nondiscrimination
the requirements of that circular, as
36. Services provided under an provisions of WIA section 188, and
applicable, and (2) resolve audit
individualized plan for employment its implementing regulations at
findings, if any, resulting from such
will be coordinated with services 29 CFR part 37, including an
audits, relating to the UI program.
provided under other individualized assurance that a Method of
plans established under other Federal Administration has been developed (a) The SWA also assures that it
or State programs. (§ 625(b)(6)(E).) and implemented. (§§ 188 and will comply with the following
112(b)(17).); specific administrative requirements.
37. To the extent job skills training
is provided, the training will be (b) The State assures that it will (i). Administrative Requirements.
provided on site. (§ 625(b)(6)(F).) collect and maintain data necessary
Program Income. Program income
to show compliance with the
38. Supported employment is defined in 29 CFR 97.25 as gross
nondiscrimination provisions of
services will include placement in an income received by a grantee or
section 188, as provided in the
integrated setting for the maximum subgrantee directly generated by a
regulations implementing that section
number of hours possible based on grant supported activity, or earned
(§ 185).)
the unique strengths, resources, only as a result of the grant
priorities, concerns, abilities, 3. Assurance of Administrative agreement during the grant period.
capabilities, interests, and informed Requirements and Allowable Cost States may deduct costs incidental to
choice of individuals with the most Standards. The SWA will comply the generation of UI program income
significant disabilities. (§ 625(b)(G).) with administrative requirements and from gross income to determine net
cost principles applicable to grants UI program income. UI program
39. The State will expend not more
and cooperative agreements as income may be added to the funds
than 5 percent of the allotment of the
specified in 20 CFR part 601 committed to the grant by ETA. The
State under title VI, part B for
(Administrative Procedure), 29 CFR program income must be used only
administrative costs of carrying out
part 93 (Lobbying Prohibitions), as necessary for the proper and
this part. (§ 625(b)(7).)
29 CFR part 96 (Audit efficient administration of the UI
40. The supported employment Requirements), 29 CFR part 97 program. Any rental income or user
supplement to the title I State Plan (Uniform Administrative fees obtained from real property or
contains such other information and Requirements for Grants and equipment acquired with grant funds
be submitted in such manner as the Cooperative Agreements to State and from prior awards shall be treated as
Commissioner of the Rehabilitation Local Governments), and OMB program income under this grant.
Services Administration may require. Circular A–87 (Revised), 60 FR
Budget Changes. Except as
(§ 625(b)(8).) 26484 (May 17, 1995), further
specified by terms of the specific
amended at 62 FR 45934 (August 29,
Unemployment Insurance grant award, ETA, in accordance
1997) (Cost Principles for State,
with the regulations, waives the
The Governor, by signing the Local, and Indian Tribal
requirements in 29 CFR
Unified Plan Signature Page, certifies Governments), and with
97.30(c)(1)(ii) that States obtain prior
that: administrative requirements for
written approval for certain types of
debarment and suspension applicable
1. The SWA will comply with the budget changes.
to subgrants or contracts as specified
following assurances, and that the in 29 CFR part 98 (Debarment and Real Property Acquired with Reed
SWA will institute plans or measures Suspension). The cost of State staff
Act Funds. The requirements for real
to comply with the following travel to regional and national property acquired with Reed Act or
requirements. Because the Signature meetings and training sessions is
other non-Federal funds and
Page incorporates the assurances by included in the grant funds. It is
amortized with UI grants are in UIPL
reference into the Unified Plan, assured that State staff will attend
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

39–97, dated September 12, 1997, —Employee Fringe Benefits. As an necessary court costs, as fixed by
and in 29 CFR exception to OMB Circular A–87 the court, incurred by the
(Revised) with respect to claimant on appeals to the courts
97.31 to the extent amortized with UI
personnel benefit costs incurred in the following cases:
grants.
on behalf of SESA employees
Any court appeal from an
Equipment Acquired with Reed who are members of fringe
administrative or judicial decision
Act Funds. The requirements for benefit plans which do not meet
favorable in whole or in part for the
equipment acquired with Reed Act or the requirements of OMB
claimant;
other non-Federal funds and Circular No. A–87 (Revised),
amortized with UI grants are in UIPL Attachment B, item 11, the costs Any court appeal by a claimant
39–97, dated September 12, 1997, of employer contributions or from a decision which reverses a
and in 29 CFR expenses incurred for SESA prior decision in his/her favor;
fringe benefit plans are allowable,
97.31 to the extent amortized with UI Any court appeal by a claimant
provided that:
grants. from a decision denying or reducing
For retirement plans, all covered benefits awarded under a prior
Real Property, Equipment, and
employees joined the plan before administrative or judicial decision;
Supplies. Real property, equipment,
October 1, 1983; the plan is
and supplies acquired under prior Any court appeal as a result of
authorized by State law; the plan was
awards are transferred to this award which the claimant is awarded
previously approved by the
and are subject to the relevant benefits;
Secretary; the plan is insured by a
regulations at 29 CFR part 97.
private insurance carrier which is Any court appeal by a claimant
For super-microcomputer systems licensed to operate this type of plan from a decision by a tribunal, board
and all associated components which in the applicable State; and any of review, or court which was not
were installed in States for the dividends or similar credits because unanimous; and
purpose of Regular Reports, Benefits of participation in the plan are
Any court appeal by a claimant
Accuracy Measurement, and other UI credited against the next premium
falling due under the contract. where the court finds that a
Activities, the requirements of
reasonable basis exists for the appeal.
29 CFR part 97 apply. The National
For all SESA fringe benefit plans
Office reserves the right to transfer Reed Act. Payment from the
other than retirement plans, if the
title and issue disposition instructions SESA’s UI grant allocations, made
Secretary granted a time extension
in accordance with paragraph (g) of into a State’s account in the
after October 1, 1983, to the existing
Federal regulations at 29 CFR 97.32. Unemployment Trust Fund for the
approval of such a plan, costs of the
States also will certify an inventory purpose of reducing charges against
plan are allowable until such time as
list of system components which will Reed Act funds (Section 903(c)(2) of
the plan is comparable in cost and
be distributed annually by ETA. the Social Security Act, as amended
benefits to fringe benefit plans
(42 U.S.C. 1103(c)(2)), are allowable
Standard Form 272, Federal Cash available to other similarly employed
State employees. At such time as the costs provided that:
Transactions Report. In accordance
with 29 CFR 97.41(c), SESAs are cost and benefits of an approved The charges against Reed Act
required to submit a separate SF 272 fringe benefit plan are equivalent to funds were for amounts appropriated,
for each subaccount under the the cost and benefits of plans obligated, and expended for the
Department of Health and Human available to other similarly employed acquisition of automatic data
Services (DHHS) Payment State employees, the time extension processing installations or for the
Management System. However, will cease and the cited requirements acquisition or major renovation of
SESAs are exempt from the of OMB Circular A–87 (Revised) State-owned real property (as defined
requirement to submit the SF 272A, will apply. For retirement plans and in 29 CFR 97.3); and
Continuation Sheet. all other fringe benefit plans covered
above, any additional costs resulting With respect to each acquisition or
(ii). Exceptions and Expansions to from improvements to the plans improvement of property, the
Cost Principles. The following made after October 1, 1983, are not payments are accounted for as credit
exceptions or expansions to the cost chargeable to UI grant funds. against equivalent amounts of Reed
principles of OMB Circular No. A– Act funds previously withdrawn
87 (Revised) are applicable to —UI Claimant’s Court Appeals under the respective appropriation.
SESAs: Costs. To the extent authorized by
State law, funds may be expended Prior Approval of Equipment
for reasonable counsel fees and Purchases. As provided for in OMB
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

Circular No. A–87 (Revised), measures, program reviews, and the funds will be used to pay salaries or
Attachment B, item 19, the administration of the UI BAM, BTQ expenses related to any activity
requirement that grant recipients measures, and TPS program designed to influence legislation or
obtain prior approval from the requirements. appropriations pending before the
Federal grantor agency for all Congress of the United States. (k).
6. Assurance on Use of
purchases of equipment (as defined Drug-Free Workplace (29 CFR part
Unobligated Funds. The SESA
in 29 CFR 97.3) is waived and 98). The SESA assures and certifies
assures that non-automation funds
approval authority is delegated to the that it will comply with the
will be obligated by December 31 of
SESA Administrator. requirements at this part.
the following fiscal year, and
4. Assurance of Management liquidated (expended) within 90 days Temporary Assistance for Needy
Systems, Reporting, and Record thereafter. ETA may extend the Families (TANF)
Keeping. The SESA assures that: liquidation date upon written request.
By signing the Unified Plan
Automation funds must be obligated
—Financial systems provide fiscal signature page, you are certifying
by the end of the 3rd fiscal year, and
control and accounting that:
liquidated within 90 days thereafter.
procedures sufficient to permit
ETA may extend the liquidation date 1. During the fiscal year, the State
timely preparation of required
upon written request. Failure to will operate a child support
reports, and the tracing of funds
comply with this assurance may enforcement program under the State
to a level of expenditure adequate
result in disallowed costs from audits Plan approved under part D.
to establish that funds have not
or review findings. (§ 402(a)(2).)
been expended improperly
(29 CFR 97.20).) 7. Assurance of Disaster Recovery 2. During the fiscal year, the State
Capability. The SESA assures that it will operate a foster care and
The financial management system
will maintain a Disaster Recovery adoption assistance program under
and the program information system
Plan. the State Plan approved under part E,
provide Federally-required reports
and that the State will take such
and records that are uniform in 8. Assurance of Conformity and
actions as are necessary to ensure
definition, accessible to authorized Compliance. The SESA assures that
that children receiving assistance
Federal and State staff, and verifiable the State law will conform to, and its
under such part are eligible for
for monitoring, reporting, audit, and administrative practice will
medical assistance under the State
evaluation purposes. substantially comply with, all Federal
Plan under title XIX. (§ 402(a)(3).)
UI law requirements, and that it will
It will submit reports to ETA as
adhere to DOL directives. 3. Which State agency or agencies
required in instructions issued by
will administer and supervise the
ETA and in the format ETA 9. Assurance of Participation in UI
TANF program for the fiscal year,
prescribes. PERFORMS. The SESA assures that
which shall include assurances that
it will participate in the annual UI
The financial management system local governments and private sector
PERFORMS State Quality Service
provides for methods to insure organizations have been consulted
Planning process by submitting any
compliance with the requirements regarding the plan and design of
Corrective Action Plans (CAPs)
applicable to procurement and grants welfare services in the State so that
required under UI PERFORMS as
as specified in 29 CFR part 98 services are provided in a manner
part of the State Quality Service
(Debarment and Suspension), and for appropriate to local populations; and
Planning process.
obtaining the required certifications have had at least 45 days to submit
under 29 CFR 98.510(b) regarding 10. Assurance of Financial Reports comments on the Plan and the design
debarment, suspension, ineligibility, and Planning Forms. The SESA of such services. (§ 402(a)(4).)
and voluntary exclusions for lower assures that it will submit financial
4. That, during the fiscal year, the
tier covered transactions. reports and financial planning forms
State will provide each member of an
as required by the Department of
5. Assurance of Program Quality. Indian tribe, who is domiciled in the
Labor to support the annual
The SESA assures that it will
allocation of administrative grants. State and is not eligible for
administer the UI program in a
assistance under a tribal family
manner that ensures proper and 11. Assurance of Prohibition of
assistance plan approved under
efficient administration. “Proper and Lobbying Costs (29 CFR part 93).
section 412, with equitable access to
efficient administration” includes The SESA assures and certifies that,
Federally-funded assistance under
performance measured by ETA in accordance with the DOL
the State’s TANF program
through Tier I measures, Tier II Appropriations Act, no UI grant
(§ 402(a)(5).)
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

5. That the State has established —29 CFR part 97—Uniform 1. Funds made available through
and is enforcing standards and Administrative Requirements for the grant or allotment will be used—
procedures to ensure against program State and Local Governments (as
To support activities that are
fraud and abuse, including standards amended by the Act).
designed to assist low-income
and procedures concerning nepotism,
—29 CFR part 96 (as amended by families and individuals, including
conflicts of interest among
OMB Circular A–133)—Single families and individuals receiving
individuals responsible for the
Audit Act. assistance under part A of title IV of
administration and supervision of the
the Social Security Act
State program, kickbacks, and the —OMB Circular A–87—Cost
(42 U.S.C. 601 et seq.), homeless
use of political patronage. Principles (as amended by the
families and individuals, migrant or
(§ 402(a)(6).) Act).
seasonal farmworkers, and elderly
6. (Optional) that the State has • Assurances and Certifications: low-income individuals and families,
established and is enforcing and a description of how such
—SF 424—Application for Federal
standards and procedures to: activities will enable the families and
Assistance.
individuals—
Screen and identify individuals
—SF 424A—Budget Information—
receiving assistance under this part To remove obstacles and solve
Non-construction Programs.
with a history of domestic violence problems that block the achievement
while maintaining the confidentiality —SF 424 B—Assurances for Non- of self-sufficiency (including self-
of such individuals; construction Programs. sufficiency for families and
individuals who are attempting to
Refer such individuals to —Hatch Act Notices must be placed transition off a State program carried
counseling and supportive services; in all work locations. out under part A of title IV of the
and
—Privacy Statement must be Social Security Act); to secure and
Waive, pursuant to a determination provided to all participants. retain meaningful employment;
of good cause, other program
—ETA–5140—Quarterly Progress To attain an adequate education,
requirements such as time limits (for
Report. with particular attention toward
so long as necessary) for individuals
improving literacy skills of the low-
receiving assistance, residency —ETA–8705—Equitable income families in the communities
requirements, child support Distribution Report. involved, which may include
cooperation requirements, and family
By signing the Unified Plan carrying out family literacy
cap provisions, in cases where
signature page, you are certifying initiatives;
compliance with such requirements
would make it more difficult for that you will abide by the following To make better use of available
individuals receiving assistance special clauses: income;
under this part to escape domestic • Web site contact information To obtain and maintain adequate
violence or unfairly penalize such must be updated on a regular basis. housing and a suitable living
individuals who are or have been
• Attendance is required at any environment;
victimized by such violence, or
individuals who are at risk of further significant training to be held during To obtain emergency assistance
domestic violence. the program year. through loans, grants, or other means
(§ 402(a)(7)(A)(i), (ii), (iii).) • Any recipient that did not meet to meet immediate and urgent family
the 20 percent performance goal for and individual needs; and to achieve
Senior Community Service
unsubsidized placements in Program greater participation in the affairs of
Employment Program (SCSEP)
Year 2003 or 2004 must attach a the communities involved, including
By signing this Unified Plan you corrective action plan unless the the development of public and
also certify that the State agrees to recipient has already achieved this private grassroots partnerships with
meet the requirements of or submit goal in Program Year 2004 at the local law enforcement agencies, local
the following documents as time of application. housing authorities, private
applicable, in addition to the general foundations, and other public and
ETA requirements for receipt of Community Services Block Grant private partners to—
Federal funds: (CSBG)
Document best practices based on
• General Administrative By signing the Unified Plan successful grassroots intervention in
Requirements: signature page, you are certifying urban areas, to develop
that: methodologies for widespread
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

replication; and strengthen and 5. Information is provided by and in communities with entities
improve relationships with local law eligible entities in the State, providing activities through
enforcement agencies, which may containing— Statewide and local workforce
include participation in activities investment systems under the
A description of the service
such as neighborhood or community Workforce Investment Act of 1998.
delivery system, for services
policing efforts.
provided or coordinated with funds 8. The State will ensure
2. The needs of youth in low- made available through grants made coordination between antipoverty
income communities are being met under Section 675C(a), targeted to programs in each community in the
through youth development programs low-income individuals and families State, and ensure, where appropriate,
that support the primary role of the in communities within the State; that emergency energy crisis
family, give priority to the prevention intervention programs under title
A description of how linkages will
of youth problems and crime, and XXVI (relating to low-income home
be developed to fill identified gaps in
promote increased community energy assistance) are conducted in
the services, through the provision of
coordination and collaboration in such community.
information, referrals, case
meeting the needs of youth, and
management, and follow-up 9. The State will permit and
support development and expansion
consultations; cooperate with Federal investigations
of innovative community-based
undertaken in accordance with
youth development programs that A description of how funds made
section 678D.
have demonstrated success in available through grants made under
preventing or reducing youth crime, section 675C(a) will be coordinated 10. Any eligible entity in the State
such as— with other public and private that received funding in the previous
resources; and fiscal year through a community
Programs for the establishment of
services block grant made under this
violence-free zones that would A description of how the local
subtitle will not have its funding
involve youth development and entity will use the funds to support
terminated under this subtitle, or
intervention models (such as models innovative community and
reduced below the proportional share
involving youth mediation, youth neighborhood-based initiatives
of funding the entity received in the
mentoring, life skills training, job related to the purposes of this
previous fiscal year unless, after
creation, and entrepreneurship subtitle, which may include
providing notice and an opportunity
programs); and fatherhood initiatives and other
for a hearing on the record, the State
initiatives with the goal of
After-school child care programs. determines that cause exists for such
strengthening families and
There is an effective use of, and to termination or such reduction,
encouraging effective parenting.
coordinate, other programs related to subject to review by the Secretary as
the purposes of this subtitle 6. Eligible entities in the State will provided in section 678C(b).
(including State welfare reform provide, on an emergency basis, for
11. The State will require each
efforts). the provision of such supplies and
eligible entity in the State to establish
services, nutritious foods, and related
3. There is an effective use of, and procedures under which a low-
services, as may be necessary to
to coordinate with, other programs income individual, community
counteract conditions of starvation
related to the purposes of this subtitle organization, or religious
and malnutrition among low-income
(including State welfare reform organization, or representative of
individuals.
efforts). low-income individuals that
7. The State and the eligible considers its organization, or low-
4. A description is provided on
entities in the State will coordinate, income individuals, to be
how the State intends to use
and establish linkages between, inadequately represented on the
discretionary funds made available
governmental and other social board (or other mechanism) of the
from the remainder of the grant or
services programs to assure the eligible entity to petition for adequate
allotment described in section
effective delivery of such services to representation.
675C(b) in accordance with this
low-income individuals and to avoid
subtitle, including a description of 12. The State will require each
duplication of such services, and a
how the State will support innovative eligible entity in the State to establish
description of how the State and the
community and neighborhood-based procedures under which a low-
eligible entities will coordinate the
initiatives related to the purposes of income individual, community
provision of employment and
this subtitle. organization, or religious
training activities, as defined in
organization, or representative of
section 101 of such Act, in the State
low-income individuals that
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

considers its organization, or low- Region 2—Philadelphia check beside the programs and
income individuals, to be activities your State or
Lenita Jacobs-Simmons, Regional
inadequately represented on the Commonwealth is including in this
Administrator, U.S. Department of
board (or other mechanism) of the Unified Plan.
Labor/ETA, The Curtis Center, 170
eligible entity to petition for adequate
South Independence Mall West, The State Unified Plan shall cover
representation.
Suite 825 East, Philadelphia, one or more of the following
13. The State will secure from each Pennsylvania 19106–3315, (215) programs and activities:
eligible entity in the State, as a 861–5205, FAX: 215–861–5260,
_Secondary vocational education
condition to receipt of funding by the [email protected].
programs (Perkins III/Secondary).
entity through a community services
Region 3—Atlanta Note that inclusion of this program
block grant made under this subtitle
requires prior approval of State
for a program, a community action Helen Parker, Regional
legislature. (Carl D. Perkins
plan (which shall be submitted to the Administrator, U.S. Department of
Vocational and Technical
Secretary, at the request of the Labor/ETA, Atlanta Federal Center
Education Act of 1998
Secretary, with the State Plan) that Rm. 6M12, 61 Forsyth Street, SW.,
(20 U.S.C. 2301 et seq.)
includes a community-needs Atlanta, Georgia 30303, (404)
assessment for the community 562–2092, FAX: 404– 562–2149, _Postsecondary vocational education
served, which may be coordinated [email protected]. programs (Perkins
with community-needs assessments III/Postsecondary). Note that for
Region 4—Dallas/Denver
conducted for other programs. the purposes of what the State
Joseph C. Juarez, Regional Unified Plan shall cover, Perkins
14. The State and all eligible
Administrator, U.S. Department of III/Secondary and Perkins III/
entities in the State will participate in
Labor/ETA, Federal Building, Rm. Postsecondary count as one
the Results Oriented Management
317, 525 Griffin Street, Dallas, program. (Carl D. Perkins
and Accountability System, another
Texas 75202, (214) 767–8263, Vocational and Technical
performance measure system for
FAX: 214– 767–5113, Education Act of 1998
which the Secretary facilitated
[email protected]. (20 U.S.C. 2301 et seq.))
development pursuant to Section
678E(b), or an alternative system for Region 5—Chicago/Kansas City _Activities authorized under title I,
measuring performance and results Workforce Investment Systems
that meets the requirements of that Byron Zuidema, Regional
(Workforce Investment Activities
section, and a description of outcome Administrator, U.S. Department of
for Adults, Dislocated Workers and
measures to be used to measure Labor/ETA, 230 S. Dearborn
Youth, or WIA title I, and the
eligible entity performance in Street, Rm. 628, Chicago, Illinois
Wagner-Peyser Act) (Workforce
promoting self-sufficiency, family 60604, (312) 596–5400, FAX:
Investment Act of 1998
stability, and community 312–596–5401,
(29 U.S.C. 2801 et seq.))
revitalization. [email protected].
_Activities authorized under title II,
15. The information describing Region 6—San Francisco/Seattle
Adult Education and Family
how the State will carry out the Richard Trigg, Regional Literacy (Adult Education and
assurances is described in this Administrator, U.S. Department of Family Literacy Programs)
subsection. Labor/ETA, 71 Stevenson Street, (Workforce Investment Act of
Rm. 830, San Francisco, California 1998 (20 U.S.C. 9201 et seq.))
Attachment A
94119–3767, (415) 975–4610.
The State Unified Plan may cover
ETA Regional Administrators FAX: 415–975–4612,
one or more of the following
[email protected].
January 2005 programs and activities:
Attachment B
Region 1—Boston/New York _Food Stamp Employment and
1. Unified Plan Activities and Training Program, or FSET
Douglas Small, Regional
Programs Checklist (7 U.S.C. 2015(d))
Administrator, U.S. Department of
Labor/ETA, JFK Federal Building, Under section 501 of the _Activities authorized under chapter
Room E–350, Boston, Workforce Investment Act, the 2 of title II of the Trade Act of
Massachusetts 02203, (617) 788– following activities or programs may 1974 (Trade Act Programs)
0170, FAX: 617–788–0101, be included in a State’s Unified Plan. (19 U.S.C. 2271 et seq.)
[email protected]. From the list below, please place a
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

_Programs authorized under part B

2. Contact Information
of title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et seq.), Please complete one copy for
other than section 112 of such Act EACH of the separate activities and
(29 U.S.C. 732) (Vocational programs included in your State
Rehabilitation) Unified Plan.
_Activities authorized under chapters Program: __________________
41 & 42 of title 38, U.S.C., and
State Name for
20 CFR 1001 and 1005 (Veterans
Program/Activity: ___________
Programs, including Veterans
Employment, Disabled Veterans’ Name of Grant Recipient
Outreach Program, and Local Agency for Program/Activity: _
Veterans’ Employment
Representative Program) Address: __________________

_Programs authorized under State Telephone Number: _________

unemployment compensation laws Facsimile Number: __________
(Unemployment Insurance) (in
accordance with applicable Federal E-mail Address: ____________
law which is authorized under title Name of State Administrative
III, title IX and title XII of the Agency (if different from the
Social Security Act and the Federal Grant Recipient): ___________
Unemployment Tax Act)
Address: __________________
_Programs authorized under part A of
title IV of the Social Security Act Telephone Number: _________
(Temporary Assistance for Needy Facsimile Number: __________
Families (TANF).
E-mail Address: ____________
_Programs authorized under title V
of the Older Americans Act of Name of Signatory Official: ___
1965 (Senior Community Service Address: __________________
Employment Program (SCSEP).)
(42 U.S.C. 3056 et seq.) Training Telephone Number: _________
activities funded by the Facsimile Number: __________
Department of Housing and Urban
Development under the E-mail Address: ____________
Community Development Block Name of Liaison: ___________
Grants (CDBG) and Public
Housing Programs). Note that Address: __________________
programs funded by the CDBG Telephone Number: _________
and Public Housing programs can
only be included in your State Facsimile Number: __________
Unified Plan if the State is the E-mail Address: ____________
funds recipient, and approval of the
Unified Plan will not trigger 3. Plan Signature(s)
funding for these programs. Governor (if Applicable)
_Community Development Block As the Governor, I certify that for
Grants the State/Commonwealth of
_Public Housing ______, for those activities and
programs included in this Plan that
_Programs authorized under the are under my jurisdiction, the
Community Services Block Grant agencies and officials designated
Act (Community Services Block above under “Contact Information”
Grant, or CSBG) (42 U.S.C. 9901 have been duly designated to
et seq.) represent the State/Commonwealth
 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Notices

in the capacities indicated for the capacities indicated for the programs
programs and activities indicated. I and activities indicated. I will
will provide subsequent changes in Typed Name, Title, and Agency of provide subsequent changes in the
the designation of officials to the Responsible State Official for designation of officials to the
designated program or activity Vocational Education designated program or activity
contact as such changes occur. Signature__________________ contact as such changes occur.
I further certify that, for those Date______________________ I further certify that, for those
activities and programs included in activities and programs included in
this Plan that are under my Responsible State Official for this Plan that are under my
jurisdiction, we will operate the Eligible Agency for Vocational jurisdiction, we will operate the
workforce development programs Rehabilitation (if Applicable) programs included in this Unified
included in this Unified Plan in I certify that for the State/ Plan in accordance with this Unified
accordance with this Unified Plan Commonwealth of ______, for those Plan and the applicable assurances
and the assurances described in activities and programs included in described in Section III of this
section III of this Unified Plan. this Plan that are under my Unified Plan.
jurisdiction, the agencies and
officials designated above under
Typed Name and Signature of “Contact Information” have been Typed Name, Title, and Agency of
Governor duly designated to represent the Responsible State Official for Adult
State/ Commonwealth in the Education
Date __________________________
capacities indicated for the programs
Signature__________________
Responsible State Official for and activities indicated. I will
Eligible Agency for Vocational provide subsequent changes in the Date______________________
Education (if Applicable) designation of officials to the
[FR Doc. 05–7175 Filed 4–11–05;
designated program or activity
I certify that for the State/ 8:45 am]
contact as such changes occur.
Commonwealth of ______, for those
BILLING CODE 4510–30–P
activities and programs included in I further certify that we will
this Plan that are under my operate those activities and programs
jurisdiction, the agencies and included in this Unified Plan that are
officials designated above under under my jurisdiction in accordance
“Contact Information” have been with this Unified Plan and the
duly designated to represent the assurances described in section III of
State/ Commonwealth in the this Unified Plan.
capacities indicated for the programs
and activities indicated. I will
provide subsequent changes in the Typed Name, Title, and Agency of
designation of officials to the Responsible State Official for
designated program or activity Vocational Rehabilitation
contact as such changes occur.
Signature__________________
I further certify that, for those
activities and programs included in Date______________________
this Plan that are under my Responsible State Official for
jurisdiction, we will operate the Eligible Agency for Adult Education
programs included in this Unified (if Applicable)
Plan in accordance with this Unified
Plan and the applicable assurances I certify that for the State/
described in section III of this Commonwealth of ______, for those
Unified Plan. activities and programs included in
this Plan that are under my
jurisdiction, the agencies and
officials designated above under
“Contact Information” have been
duly designated to represent the
State/ Commonwealth in the