Maryland's One-Stop Career Centers

Approved Waivers

DLLR's Division of Workforce Development has submitted to the U.S. Department of Labor the following waiver requests for approval. Comments should be directed by May 16, 2009 to Sharon Harris at the following e-mail address: DWDALcomments@dllr.state.md.us

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Waiver of the required 50 percent customized training employer match

Waiver Request

The proposed scale will range from 10 to 50 percent, based on the size of the business. Characteristics measurement will be based on alignment with Maryland's Strategic State Workforce Investment Plan, which focuses on training and programs that achieve high-skill, high-demand, high wage occupations and industries. The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will develop the sliding scale and processes for application and implementation. The following sliding scale is permitted: 1) no less than 10 percent match for employers with 50 or fewer employees, and 2) no less than 25 percent match for employers with 51- 250 employees. For employers with more than 250 employees, the current statutory requirements (50 percent contribution) continue to apply.

This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c).

Statutory Regulations to be Waived

The WIA Section 101 (8) and Title CFR 663.715 (c) dealing with the 50 percent match requirement.

Waiver Duration

July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.

Goals and Expected Programmatic Outcomes if Waiver is Granted

Increased flexibility at the local level to offer tailored businesses training solutions to respond to the specific needs of the businesses
Elevated skill proficiencies for workers that will result in increased worker viability
Increased responsiveness to labor market issues in the private sector
Increased capability to attract new businesses into Maryland
Increased percentages of employers using customized training as a means of hiring and retaining a skilled workforce
Increased percentages of workers trained and hired through customized training programs

State or Local Statutory or Regulatory Barriers

There are no state or local statutory or regulatory barriers to implementing the waiver.

Individuals Impacted by the Waiver

Employers will benefit because this waiver will allowing access to customized training at a reduced cost. It will allow businesses to more readily adapt to changes in technology and the marketplace. Businesses will be capable of expanding or remaining competitive with affordable, customized training options, uniquely designed to achieve their specific developmental goals.

The waiver will also benefit Adults, Out of-School Youth and Dislocated Workers who are eligible for services under WIA by the availability of customized training options. The eligible individuals who are most likely to benefit are those who have multiple barriers to employment, low basic skills or limited English language proficiency.

Process to Provide Notice to any Local Board Affected by the Waiver

Should this waiver be granted, The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on the DLLR website.

Process used to Monitor Progress in Implementing the Waiver

The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Transfer of Workforce Investment Act (WIA) Title I Funds between the Adult and Dislocated Worker Funding Streams

Waiver Request

The Governor's Workforce Investment Board (GWIB) and the Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I programs, request the renewal of a waiver of the legislative provisions, calling for the transfer of no more than 20% of a program year's allocation between Adult and Dislocated Worker program. The waiver would grant individual LWIBs, with State approval, the ability to transfer up to 50% of each program year allocation between the Adult and Dislocated Worker funding streams, beginning in Program Year 2009. In addition, the State is permitted to transfer up to 30 percent of ARRA funds between programs under WIA and under the Department of Labor Appropriations Act or 2009. This authority is discussed in the TEGL No. 14-08, change 1.

Waiver Duration

July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.

Statutory Regulations to be Waived

Statute: P.L. 105-220, WIA Section 133(b)(4)(A), and Regulations: 20 CFR, WIA Final Rules Section 667.140 (a). These sections provide that with the approval of the Governor, Local Workforce Investment Boards (LWIBs) may transfer up to 20% of a program year's allocation for adult employment and training activities, and up to 20% of a program year's allocation for dislocated worker employment and training activities between the two programs.

In Maryland, twelve Local Workforce Investment Areas (LWIAs) are comprised of diverse communities and labor markets that represent unique challenges to the provision of WIA services. In addition, the disproportion of Marylanders residing in the state's Baltimore and Suburban Washington metropolitan areas, which account for 82% of the state's population, versus those who reside in large rural areas, reflects the need for maximum flexibility in the transfer of funds. Throughout non-metropolitan areas, the majority of businesses employ fewer than fifty (50) people and employee turnover is minimal. In contrast, metropolitan areas are headquarters for some of the state's largest employers.

The Governor's Workforce Investment Board has consistently advocated for local alliances that strengthen the level and mix of services to job seekers, as well as streamlining service delivery. However, local decisions have been constrained at times by Federal rules that limit funding and thus, services to adults and dislocated workers. Maximum flexibility in the transfer of funds would help ensure that services to both adults and dislocated workers would be maintained at levels sufficient to meet the distinct needs of each group. This flexibility would also help support local service plans that must integrate the cultural, educational, and employment related needs unique to each workforce community.

State and Local Regulatory Barriers:

There are no state or local regulatory barriers to implementing the waiver.

Goals and Expected Programmatic Outcomes if Waiver is Granted

Enhance the ability of local boards to respond to workforce and economic dynamics within their local areas;
Increase local flexibility in the design of Adult and Dislocated Worker service plans;
Improve performance outcomes;
Improve the ability of local boards to design programs and provide targeted assistance in response to customer needs; and
Enhance the local board's ability to respond to employer needs for workers trained in employer-specific skills.

Programmatic Outcomes to be Achieved by the Waiver:

The responsibility of each LWIB is to plan, oversee and evaluate the delivery of WIA employment and training programs in their respective areas through the One-Stop service delivery system. Because of Maryland's size, its population distribution, its cultural diversity, and the remoteness of many of the communities, customer needs vary greatly from one local workforce investment area to another. The flexibility to transfer funds between the Adult and Dislocated Workers programs allows LWIBs to respond more effectively to their individual communities.

With this waiver, LWIBs would be obliged to design programs that speak to the services priorities among their customers and that lead to customer employment and self-sufficiency. The waiver would also position Maryland's workforce as better skilled and more competitive in the wake of a broader economic picture.

Individuals Impacted by the Waiver

This waiver is expected to benefit LWIBs, One-Stop partner programs, employers, service providers and WIA customers.

LWIB will have the flexibility to design programs based on local needs and priorities.
One-Stop partner programs will be able to better align their service offering with those of the local WIA programs.
Employers will be better served through participants that acquire skills specific to each employer's needs.
WIA program participants will receive services appropriate to the participant group(s) for which they are eligible.
Increased utilization of funds will result in more participants being served in the aggregate.

Process used to Monitor Progress in Implementing the Waiver

The Maryland Department of Labor, Licensing and Regulation will monitor the implementation and impact of the waiver through the program and administrative monitoring system.

Process to Provide Notice to any Local Board Affected by the Waiver

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Waiver of the required maximum 50 percent OJT employer reimbursement

Waiver Request

The Maryland Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I program for the twelve local workforce areas within Maryland, request a waiver of WIA Section 663.710 (b) related to the statutory exclusion and regulatory prohibition of the maximum On-the-Job Training (OJT) reimbursement This wavier will allow a change to the maximum employer reimbursement for OJT training from the current 50 percent of the wage rate. The waiver request seeks to allow Maryland to reimburse the employer on a graduated scale based on the size of the business. Under the waiver, the following reimbursement amounts will be permitted: 1) up to 90 percent for employers with 50 or fewer employees, and 2) up to 75 percent for employers with more than 51 to 250 employees. For employers with 250 or more employees, the current statutory requirements (50 percent reimbursement) will continue to apply. The statutory maximum reimbursement has been determined to be a deterrent for small employers in Maryland that had considered OJT as a means to develop workforce skills necessary for growth in their respective industries. A graduated scale of reimbursement will create more incentive for small employers to participate in OJT that achieves high-skill, high demand and/or high wage attainment and family sustaining jobs.

As required by 20 CFR 663.700, the length of an OJT will still be determined by the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan. No reimbursement greater than 50 percent will remain in effect longer than three months.

Approval of this waiver will be especially beneficial to small businesses that provide most of the new jobs being created in the Maryland.

This waiver request follows guidelines identified in WIA 189 (i) (4) (B) and 20 CFR Section 661.420 (c).

Statutory Regulations to be Waived

The WIA Section 101 (31) (B) and Title CFR 663.710 (b) dealing with the OJT reimbursements.

Waiver Duration

July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.

Goals and Expected Programmatic Outcomes if Waiver is Granted

Increased percentages of employers using OJT as a means of hiring and retaining a skilled workforce
Increased number and percentages of workers trained and hired through OJT programs
Elevated skill proficiencies for workers that will result in increased worker viability
Increased responsiveness to labor market issues in the private sector
Increased flexibility at the local level to offer businesses training solutions tailored to respond to the specific needs of the business

State or Local Statutory or Regulatory Barriers

There are no state or local statutory or regulatory barriers to implementing the waiver.

Individuals Impacted by the Waiver

Employers will benefit from this waiver allowing OJT at a reduced cost. It will allow businesses to more rapidly adapt to changes in technology and the marketplace. Businesses will be capable of expanding and remaining competitive with affordable OJT options uniquely designed to achieve their specific developmental goals. This waiver will make OJT a much more viable option, especially for small businesses looking to get started or expand.

The waiver will also benefit Adults, Dislocated Workers and Out-of-School Youth who are eligible for services under WIA by the availability of OJT options.

Process to Provide Notice to any Local Board Affected by the Waiver

Process used to Monitor Progress in Implementing the Waiver

The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Waiver of the Time Limit on the Period of Initial Eligibility for Training Providers

Waiver Request

The Maryland Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I program for the twelve local workforce areas within Maryland, request a waiver of WIA Section 122 (c) (5) related to eligible training provider provisions. We request the waiver of the time limit on the period of initial eligibility for training providers. This waiver will address the data collection barriers related to meeting the training provider requirements, and will increase the number of community colleges and other entities that are available to deliver training to Adult and Dislocated Worker participants.

The Department of Labor has approved this waiver for many states, and it has become a fundamental aspect of the operation of workforce system. This waiver request is applicable to the American Recovery and Reinvestment Act and Formula Allocation Funds.

This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c).

Statutory Regulations to be Waived

The WIA Section 122 (c) (5) and Title CFR 663.530 dealing with the time limit on the period for initial eligibility.

Waiver Duration

July 1, 2008 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.

Goals and Expected Programmatic Outcomes if Waiver is Granted

Maximizes quality training opportunities for workforce system customers.
Removes barriers that will allow LWIBs to award contracts to institutions of higher education.
Increases the number of institutions that can deliver training to Adult and Dislocated Worker participants.

State or Local Statutory or Regulatory Barriers

There are no state or local statutory or regulatory barriers to implementing the waiver.

Individuals Impacted by the Waiver

Approval of this waiver will positively impact the customers of the workforce investment system by increasing the availability of training providers.

Process to Provide Notice to any Local Board Affected by the Waiver

Should the waiver be granted, the Division of Workforce Development of DLLR will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on Maryland Department of Labor, Licensing and Regulation website.

Process used to Monitor Progress in Implementing the Waiver

The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Relating to Procurement Requirements for Summer Youth Employment

Waiver Request

The Maryland Department of Labor, Licensing and Regulation (DLLR), administrative entity for WIA Title I programs for the twelve local workforce areas within Maryland, requests a waiver relating to the procurement requirements for youth services in WIA Section 123 for youth training programs and services related to the American Recovery and Investment Act of 2009 (ARRA), Summer Youth funds. Our existing processes are a barrier to rapid implementation of summer employment programs. This waiver will allow the state and local Workforce Investment Areas to conduct an expedited, limited competition to select service providers. The limited competition will be among service providers with proven records of success in providing youth services. This waiver will only apply to the summer employment program element and only for the summer of 2009. The waiver will only be applicable to Recovery Act funding.

This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c).

Statutory and Regulatory Sections to be Waived

WIA Section 123 provides that all WIA youth service providers shall be selected on a competitive basis. 20 CFR 664.610 further provides that if summer employment opportunities are provided other than by the grant recipient, the service provider must be selected on a competitive basis.

Goals and Expected Programmatic Outcomes if Waiver is Granted

This waiver will support local and state-level activities included in the TEGL-14-08 and allow the state and locals to expend the entire youth allocation by the end of the summer. It will also allow the State of Maryland to respond to the current economic climate.

The most immediate outcome of this requested waiver will be to expediently increase the number of youth in employment. This waiver will also allow the State and locals to allocate the funds quickly and efficiently to our training providers.

State or Local Statutory or Regulatory Barriers

There are no state or local statutory or regulatory barriers to implementing the waivers.

Individuals Impacted by the Waiver

This waiver is expected to benefit youth, local workforce areas, employers, and the economic health of communities and our state.

Process to Provide Notice to any Local Board Affected by the Waiver

Process used to Monitor Progress in Implementing the Waiver

Maryland's program and fiscal monitoring system has been developed with input from the U.S. Department of Labor's Employment and Training Administration Region 2 Office. The State's performance tracking system continually assesses the effectiveness of our WIA program. The State will pay specific attention to the effects of implementation of this waiver. In addition, the State will conduct a random sample of contracts or grants that are awarded with these funds to ensure that the rules and regulations are enforced.

State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development

Waiver Request
Performance Measures for Youth

Waiver Request

The Maryland Department of Labor, Licensing and Regulation (DLLR), administrative entity for WIA Title I programs for the twelve local workforce areas within Maryland, requests a waiver of TEGL 17-05 and TEGL 17-05 Change 1 of the youth performance requirements for WIA eligible youth, who are out-of-school aged 18-24 served with American Recovery and Reinvestment Act (AARA) funds beyond the summer months who participate in work experience only. This waiver will allow states to use the work readiness indicator as the only indicator of performance for such youth, the same measure that applies to summer youth only participants. The waiver would only be applicable for the first six months following the summer of 2009 (i.e. October to March). As part of this waiver we are requesting that the program design flexibility for summer youth articulated in Section 16.A of TEGL 14-08 apply to such youth who participate in work experience only beyond the summer months.

This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420(c).

Statutory and Regulatory Sections to be Waived

TEGL 17-05 and TEGL 17-05 Change 1

Goals and Expected Programmatic Outcomes if Waiver is Granted

This waiver would support state and local level activities including programs that provide training to out-of-school youth (18-24) as identified in TEGL 14-08 Section 19 (A). It will also allow the State of Maryland to respond to the current economic climate.
The most immediate outcome of this requested waiver is that out-of-school youth age (18-24) served with ARRA Funds may participate in an extended summer employment program from (October 1, 2009 through March 31, 2010) and use only the work readiness indicator as the only performance indicator requirement for participation in the employment program. This waiver will allow the State to extend the use of ARRA Summer Youth Employment funds to out-of-school youth age 18-24 through March 31, 2010. This waiver will also provide more time to ensure that local area can develop work sites that provide meaningful work experience and to develop "green work experiences". Also more time is provided to ensure that the worksite placement does not violate the prohibition that existing employment is unfavorably impacted or that the youth perform functions of laid off employees. This waiver will allow us to serve older youth who began their participation late in summer and also serve those older youth that need longer and/or more varied work experience in order for them to become job ready.
State or Local Statutory or Regulatory Barriers

There are no known state or local statutory or regulatory barriers to implementing this waiver. Upon notification on the approval of this waiver, Maryland Department of Labor, Licensing and Regulation (DLLR) will incorporate it into policy and distribute the new policy to the WIBs.

Individuals Impacted by the Waiver

Eligible WIA youth (ages 18-24) who have the necessary academic skills will benefit with extension of the summer employment program for youth who will acquire work readiness skills and the ARRA 2009 funds available will be expended for their intended purpose as desired by USDOL and the US Congress.

Process to Provide Notice to any Local Board Affected by the Waiver

Should the waiver be granted, the Division of Workforce Development of DLLR will provide policy and guidance through an agency issuance of a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on Maryland Department of Labor, Licensing and Regulation website.

Process used to Monitor Progress in Implementing the Waiver

The Workforce Information Unit has systems in place that can distinguish between those youth that receive summer employment and work experience only and are subject to the job readiness measure from those youth that are co-enrolled or enrolled in either the regular Youth or Adult programs and would be subject to the Common Measure (Maryland is a Common Measures waiver State).

Department of Labor, Licensing and Regulation (for pda/handhelds)

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Maryland's One-Stop Career Centers

Approved Waivers