Policy Chapters and Sections

Performance Sanctions

Chapter: 3 Section: 7.3
Effective Date: 4/5/2019
Expiration Date: Continuing
Published Date: 6/17/2021 3:27:01 PM
Status: Rescinded
Version: 3

Tags: Sanctions, Incentive Award, Performance, Training Expenditure, Performance, Reporting

The criteria below outline the instances in which technical assistance or a sanction may be applied if the LWIA fails to meet the described negotiated performance requirements and the minimum training expenditure levels.

  1. An LWIA will be precluded from receiving an incentive award for failure to meet any of the performance standards. This will result in ongoing technical assistance to the LWIA. 
  2. If a local area fails to meet the adjusted levels of performance for the same primary indicator of performance for the same core program authorized under WIOA Title I for a third consecutive program year, in addition to not receiving any incentive award, the Governor shall take corrective action, which may include development of a plan for reorganization.
  3. If the outcome for any performance measure is N/A, the LWIA must provide: 
    1. A narrative statement detailing why clients were not exited in that measure.
    2. An accounting of funds spent.
    3. This documentation must be submitted to the Office of Employment and Training (OET) in accordance with instructions provided in the annual WIOA Notice announcing the incentive bonus awards.
    4. Late, inadequate, or missing documentation will result in failure of that measure.
  4. Failure to certify that the Annual Certification Report (ACR) accurately reflects transactions for the prior program year will preclude an LWIA from receiving an incentive award.
    1. Deadline for submission of the report will be outlined in the WIOA Notice. 
    2. Should failure to certify the report as accurate occur as a result of technical problems with the report, sanctions may not be applied.
  5. Discovery of a significant difference between the certified ACR and the ACR that is generated for Departmental review, will preclude an LWIA from receiving an incentive award.  For purposes of this review, a significant difference is defined as a difference of any item in the ACR of more than five percentage (5%) points or five (5) customer records, whichever is greater.

Training Expenditure Requirement

General Requirements for Negotiation of Performance Goals

USDOL Training and Employment Guidance Letter (TEGL) No. 14-18, Aligning Performance Accountability Reporting, Definitions, and Policies Across Workforce Employment and Training Programs Administered by the U.S. Department of Labor (DOL) (March 25, 2019)

USDOL Training and Employment Notice (TEN) No. 05-05, Workforce Investment Act (WIA) Reporting (September 1, 2005)

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