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Approved Requests In accordance with the Training and Employment
Guidance Letter No. 21-11, DLLR's Division of Workforce Development and Adult Learning, State of Maryland, has submitted
to the U.S. Department of Labor a request for extension of the current WIA/Wagner/Peyser State Plan until October 17,
2012. Comments should be directed to DWDALcomments@dllr.state.md.us.
Waiver Request
Waiver on the submission of its integrated State Plan until September 15, 2012
Waiver Request
In compliance with WIA Section 189(i) (4) (B) and 29 CFR 661.420(c), please accept the following request for waiver.
This Waiver is to reduce the number of statewide activities required and the requirement to provide incentive grants to
local areas.
The intent of this Waiver request is to reduce the number of statewide activities required under the Workforce
Investment Act Law for the duration of the Governor's Reserve reduction from 15 percent to 5 percent. Without this
funding, we will not be able to complete these activities, and will experience difficulties in completing other mandatory
activities that we are not allowed to waive.
A. Statutory or Regulatory Requirements to be Waived
WIA Section 134(a) (2) (B) (iii) and 20 CFR 665.200(e) requiring provision of incentive grants to local areas.
B. State or Local Statutory or Regulatory Barriers
There are no state statutory, local statutory or regulatory barriers related to this waiver request.
C. Goals of the Waiver and Expected Programmatic Outcomes if Waiver is Granted
The reduction to five percent in the WIA allotment for Program Year 2011 Governor's Reserve funds restricts the state's ability to effectively fund and carry out all of the required statewide workforce investment activities. The current funding level in the Governor's Reserve is insufficient to cover the cost of incentive grants to local areas, disseminate training provider performance and cost information. The state's reduced funds are being used to cover the following activities:
- Providing technical assistance to local areas that fail to meet local performance measures. (WIA Section 134(a)(2)(B)(vi)
and 20 C.F.R. 665.200 (b)(1);
- Submitting required reports (WIA Section 136 (f);
- Disseminating the list of eligible training providers for adults and dislocated workers (WIA Section 134(a)(2)(B)(i)
and C.F.R. 665.200 (b)(1), and youth activities (20 C.F.R. 665.200 (b)(4);
- Assisting in the establishment and operation of One Stop delivery systems, in accordance with the strategy described
in the State workforce investment plan. (WIA sec. 112(b)(14);
- Operating a fiscal and management accountability information system, based on guidelines established by the Secretary
after consultation with the Governors, chief elected officials, and One Stop partners, as required by WIA section 136(f).
(WIA sec. 129(b)(2), 134(a)(2), and 136(e)(2).
Our goal in seeking this waiver is to ensure that the state may prioritize the use of the Governor's Reserve funds for
the required activities we deem most essential to the basic functions of the workforce investment system, releasing us
from the requirements below.
Individuals impacted by the Waiver
This waiver will provide the state agency with more flexibility in directing Governor's Reserve funds to those activities
that best preserve basic functions of the statewide workforce investment system.
Process for monitoring progress in implementation
The State will monitor progress and ensure accountability for Federal funds in connection with these waivers by reviewing
monthly expenditure, performance and other reports, through regular contact with the ETA Regional Office liaisons, and
through its monitoring and performance accountability system.
Our goal in seeking this waiver is to ensure that the state may prioritize the use of the Governor's Reserve funds for
the required activities we deem most essential to the basic functions of the workforce investment system releasing us from
the requirements below.
1. WIA Section 134(a) (2) (B)(iii) and 20 CFR 665.200(e) requiring provision of incentive grants to
local areas; and
The goal of this waiver is to offset the burden imposed by the elimination of the 10 percent discretionary budget. Local
service providers will need to work solely with formula allocations, which were slightly increased. This reduction in funding
will impact programmatic outcomes, as service providers often use local incentive award funding to provide direct services,
such as to fund resource room staff and training programs.
D. Description of Individuals Impacted by the Waivers
This waiver will provide Maryland's DLLR/DWDAL with more flexibility in directing Governor's Reserve funds to those
activities that best preserve basic functions of the statewide workforce investment system.
WIA Section 134(a) (2) (B) (iii) and 20 CFR 665.200(e) requiring provision of incentive grants to local areas;
Depending upon the Local Workforce Investment Area customers will be impacted by a reduction in funding available for direct
services. Some of Maryland's LWIAs rely on these funds to pay for training of staff. The expectation is there will be
minimal on impact on individual customers as service providers received a slight increase in formula allocations.
E. Process for monitoring progress in implementation
As outlined in the waiver request template, the State will monitor progress and ensure accountability for Federal
funds in connection with these waivers by reviewing monthly expenditure, performance and other reports through frequent
contact with the ETA Regional Project Officer and the State of Maryland monitoring, performance and accountability system.
F. Notice to affected local boards and public comment
Local workforce administrative entities will be provided a copy of this proposed waiver request as well as the US
DOL/ETA's reply to this request. Local areas have already been notified (during a recent WIA Meeting) that no incentive
grants will be made in Program Year 2012 due to the loss of Governor's 10 Percent WIA funds.
G. Extension request for previously approved Waivers
Waiver of the required 50 percent employer contribution for customized training at WIA Section 101 (8) (C)
Maryland was previously granted a waiver of the required 50 percent employer contribution for customized training to
permit the use of a sliding scale for the employer contribution based o the size of the business.
Waiver of WIA Section 101 (31) (B) to increase the employer reimbursement for on-the-job training
Maryland was previously granted a waiver to permit an increase in employer reimbursement for on the job training through
a sliding scale based on the size of the business.
Waiver of WIA Section 133 (b) (4) to increase the allowable transfer amount between Adult and Dislocated Worker
funding streams allocated to a local area
Maryland was previously granted a waiver to permit an increase in the amount a state is allowed to transfer between the Adult
and Dislocated Worker funding streams. Under this waiver, transfer authority is limited to 50 percent.
Waiver to permit the State to replace the performance measures at WIA Section 136 (b) with the Common Measures
Maryland was previously granted a waiver that allows the State to replace the 17 performance measures under WIA Section
136 (b) with the common measures.
Waiver of the provision at 20 CFR 663.530 that prescribes a time limit on the period of initial eligibility for
training providers
Maryland was previously granted a waiver of the time limit on the period of initial eligibility of training providers
provided at 20 CFR 663.530.
Waiver of the Prohibition at 20 CFR 664.510 on the use of Individual Training Accounts for older and out-of school youth
Maryland was previously granted a waiver of the prohibition at 20 CFR 664.510 on the use of Individual Training Accounts
(ITAs) for older and out-of-school youth program participants.
Public Comment
The proposed new waiver and extension of previous waivers request will be posted on the agency's official website
with instructions regarding the submittal of comments and closing date for comments.
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