Policy Chapters and Sections

Enforcement of the Required Expenditure Level

Chapter: 8 Section: 4.7
Effective Date: 5/28/2020
Expiration Date: Continuing
Published Date: 8/18/2021 2:07:11 PM
Status: Current
Version: 4

Tags: Training Expenditure, Administration, Fiscal

  1. Hold Harmless Clause:  Any LWIB that fails to meet the minimum Expenditure level may be eligible to receive an earned performance incentive bonus for that Program Year, pending approval by the IWIB.
    1. Approval shall be based on a written explanation of conditions that led to the lower training expenditures.
    2. An LWIB shall follow the procedures outlined in the Request for Hold Harmless in Failure to Meet the Training Expenditure Level attachment if a request is being made to the IWIB to apply the Hold Harmless Clause.  (See the Attachments tab.)
    3. Examples of such conditions might include:
      1. Unexpected large expenditures related to trade adjustment assistance events;
      2. Federal or State funding cuts; and
      3. Other unforeseen events that prevent the local board in meeting the minimum rate.
  2. LWIBs may be placed on “High-Risk” status for failure to meet the minimum expenditure level, even if granted performance incentive bonus eligibility in a given program year.
    1. Grantees or subgrantees placed on “High-Risk” status may be subject to the following special conditions or restrictions that may include:
      1. Requiring the establishment of an improvement plan designed to increase training expenditures;
      2. Payment on a reimbursement basis;
      3. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period;
      4. Requiring additional, more detailed financial reports;
      5. Additional project monitoring;
      6. Requiring the Grantee or subgrantee to obtain technical or management assistance; or
      7. Establishing additional prior approvals.
    2. An LWIB shall follow the procedures outlined in the Request for Hold Harmless in Failure to Meet the Training Expenditure Level attachment if a request is being made to the IWIB to waive the “High-Risk” status for failure to meet the minimum training level.  (See the Attachments tab.)

 


WIOA Final Rules, Part 677, Subpart A - State indicators of performance for core programs

WIOA Final Rules, Part 677, Subpart F - Performance reporting administrative requirements

WIOA Final Rules, Part 678, Subpart C - Memorandum of understanding for the one-stop delivery system

WIOA Final Rules, Part 680, Subpart C - Individual training accounts

WIOA Final Rules, Part 680, Subpart F - Work-based training

WIOA Section 134 - Adult and Dislocated Worker Employment and Training Activities, Use of funds

WIOA Final Rules, Part 681, Subpart C - Youth program design, elements, and parameters

WIOA Final Rules, Part 680, Subpart A - Delivery of Adult and Dislocated Worker Activities

Training Provider and Training Program Eligibility

On-the-Job Training (OJT)

Regional and Local Planning Requirements

Incentives and Sanctions for Performance

2 CFR 2900 Uniform Guidance UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

2 CFR 200 Uniform Guidance UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

USDOL Training and Employment Guidance Letter (TEGL) No. 08-18, Workforce Innovation and Opportunity Act (WIOA) Title I and Wagner-Peyser Act Waiver Requirements and Request Process (December 19, 2018)

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