WIA Questions and Answers
Questions Regarding Administration

Question #1 (9/28/00)
What do you do if a required One-Stop partner will not sign the memorandum of understanding (MOU)?

Response
Find out why the required partner will not sign and then consider modifying the MOU to accommodate their needs. MOU's do not have to be the same for every partner unless it is an umbrella MOU. If there is no resolution, then state in the board meeting minutes that "name of partner" refuses to sign the MOU it is important to get that onto the record. Then treat that entity like a regular audience member. Section 662.310(b) of the regulations outlines the process to follow when agreement cannot be reached on MOUs.

Question #2 (9/28/00)
As the local areas are working on policies and procedures they are sometimes making changes that impact the responses to questions in their 5 year plans. Is there a formal process to amend the plans? Is there an actual need to submit the changes? For instance, the workforce policy board has decided that the Individual Training Account (ITA) amount should be greater that what was originally listed in the 5 year plan.

Response
If local areas make changes that impact responses included in their 5 year plans, they may submit a letter notifying us of the revisions. We will review the revisions and send a letter stating the change has been reviewed and filed with the 5 year plan. Section 661.355 of the regulations lists some situations that would require revising the 5 year plan.

Question #3 (9/28/00)
Please clear up our confusion regarding sections 667.268(a)(1) and 667.268(a)(2) of the WIA Regulations, which prohibit the use of WIA Title I funds to encourage business relocation. A pharmaceutical company is relocating from New York. They are trying to decide in what city to move their business. They want to know how much money our county has available for on-the-job training (OJT). There will be job losses at the original location.

Response
The underlying principle of both of these sections of the regulations is that if a relocation has resulted in any employee losing his or her job at the original location, WIA funds cannot be used for certain activities. Section 667.268(a)(1) prohibits the encouragement or inducement of a business to relocate with WIA funds; while section 667.268(a)(2) prohibits the use of WIA funds for services (customized training, skill training, OJT or company-specific assessments) to job applicants or employees of the business until the company has operated at that location for 120 days.

Question #4 (9/28/00)
How much, generally, is given to an individual in her/her ITA? Is it generally full-tuition for the length of the program or for half?

Response
Generally, ITAs can range between $3,000 to $5,000, depending on the type and length of the training being provided. The amount and length of ITAs are locally determined and are established in the local plan. Because of the emphasis on customer choice, clients may choose training that costs more than the amount of the ITA. In those instances, other funding sources should be developed. References CFR 663.420(d) and CFR 663.430.

Question #5 (9/28/00)
How much money is passed through for local boards for ITAs? Is it a population-based formula?

Response
WIA funds are allocated by formula to the local areas. Reference Sections 128 and 133 of the Workforce Investment Act. It is the responsibility of the local board to determine the amount of funding to be devoted to training services. Training services may never be provided if core and intensive services are adequate to assist the individual.

Question #6 (9/28/00)
When transferring participants from JTPA to WIA, what county do these people transfer to for WIA payments?

Response
JTPA carryover participants were assigned to their county of residence. If it is a multi-county area, any of the counties can cover the costs since the counties have the option of pooling resources as a single area allocation.

Question #7 (9/28/00)
Can participants be referred to providers of short term, single course work, ( Intro to computers, MS Word, MS Access, MS Excel), without going through the requirements of the training providers process?

Response
A single course in computer applications (like Word Perfect or Lotus) that are generally applicable to employment rather than part of program leading to certification necessary for a certain occupation are not "training" but intensive services. Intensive services do not have to be on the eligible training provider list and an ITA does not have to be issued.

Question #8 (10/12/00)
How will audits work under this merged system? The Fed regulations require us to have an audit. Under JTPA the State Auditor's office gave us authority to procure our own audits. We asked our account executive who was not sure of the answer.

Response
If the records are maintained by the county department, then the Auditor of State will be conducting the audit. If the records are maintained by other than a county department, the audit will need to be procured.

Question #9 (10/12/00)
If we do not spend the 30% required for WIA out-of-school youth as required by law, is it considered a disallowed cost since we may have enrolled ineligible clients? I asked this question to Rochelle Daniels at a training session on Sept' 21 because I do not believe everyone across the State will meet all the WIA requirements in the first year. She told me it would be there would be disallowed costs if we did not meet the 30% expenditure requirement.

Response
If you do not spend the 30% required for WIA out-of-school youth as required by law, it will be considered a disallowed cost. But, in accordance with section 667.107 (b)(1)(2) you have two years to meet the 30% expenditure requirement.

Question #10 (10/12/00)
The closeout plan is finished. It shows carryover dollars bu JTPA subgrant. I know these will be reallocated back to us and If I have read Jacqui Sensky's letter of September 15 right, it will come back to us based on the amount we list in the plan. However, I assume it will come back as WIA money. My question is how will the JTPA individual grant amounts be folded into the WIA funding streams? For example, will all IIB and IIC funds come back to us as WIA Youth funds? How will Incentive carryover come back to us? I am asking because if we wait until November or December to have this money certified as usable by us, we may have a serious problem spending and/or obligating it before June 30. You indicated we may be able to begin obligating the carryover money before we get an official okay. We need to understand in which funding stream it will come back to us in order to begin obligating it.

Response
JTPA funds will go back to the program operators by: WIA Adult, and Dislocated Workers and WIA Youth streams. Unspent JTPA Rapid Response and Governor's Reserve funds will be kept by the state. Any JTPA Title II-A, 5% Incentive funds, will be allocated to the WIA Adult funding stream. The JTPA Title III Dislocated Workers funds will be allocated to the WIA dislocated workers funding stream, and the JTPA Title II B and Title C funds will be allocated to the WIA youth funding stream.

Yes, you can begin obligating funds.

Question #11 (10/26/00)
Does the County Risk Sharing Authority (CORSA) provide the liability coverage required for participants in WIA 7?

Response
We have been advised by the County Commissioners Association (CCAO)

that CORSA provides property and liability coverage for counties. If a participant was injured, the participant would need to file a claim against the county alleging that the county was negligent and the negligence caused the injury. To avoid these complications counties should obtain separate liability coverage for participants.

Question #12 (10/26/00)
Please provide clarification on the issue of liability insurance for WIA participants. Our county human resource person wants to know if they are to be covered under Workers Compensation.

Response
The ODJFS Legal Section has provided clarification on Section 667.274 of the WIA Regulations. Section 667.274(a) states that all federal and state laws, such as minimum wage, overtime, apply to Title I participants as they would apply to every other similarly situated employee.

Section 667.274(b)(1) states that Title I participants must be covered by Workers Compensation if similarly situated employees are also covered.

Section 667.274(b)(2) states that if state Workers Compensation law applies to participants in work experience, then it must apply to WIA participants in the same manner. If the state Worker's Compensation law does not apply to work participants, then insurance must be procured for them.

Question #13 (10/26/00)
I am interested in finding out what grant funds are available for workforce development demonstration programs. We have a unique placed based initiative in Information Technology for which we are seeking funding for demonstration in Ohio.

Response
Ohio does not have funds available for workforce development demonstration programs through the Workforce Investment Act (WIA). However, the U.S. Department of Labor Employment and Training Administration (DOLETA) awards grants and contracts for demonstration and pilot projects. Information concerning Solicitations for Grant Applications (SGAs) and Requests for Proposals (RFPs) can be obtained through their website. The web address is: www.doleta.gov , then click: "Grants and Contracts".

Question #14 (10/26/00)
Do OJT and Customized training providers have to be on the state eligible list?

Response
Yes, on-the-job-training and customized training providers must be on the eligible training provider list. See section134(d)(4)(F)(ii)(I) of the WlA and section 663.440(b) of the final regulations. A memo dated June 7, 2000 was transmitted to the field titled "Eligible Training Provider Certification Procedure for On-the-Job Training and Customized Training Providers".

Question #15 (10/26/00)
Do you have any guidelines and/or general information that I could pass on to the Local Advisory Board members as to their role and responsibilities?

Response
Section 117(d) of the Act and section 661.035 of the Final Regulation lists the functions of the workforce investment boards. They are: (1) develop a 5 year local plan; (2) conduct oversight of the One-Stop delivery system; (3) youth activities and employment and training activities; (4) selecting One-Stop operators; (5) selecting eligible youth service providers; (6) develop a budget for carrying out the duties of the local board; (7) negotiating performance measures; (8) assisting the Governor in developing the statewide statistics system under Wagner-Peyser; (9) coordinating workforce investment activities wi economic development strategies and developing employer linkages; and (10) promoting private sector involvement in the statewide workforce investment system.

House Bill 470 discusses the duties of the local workforce policy boards. (See Section 6301.07). The local workforce policy boards provide policy guidance and recommendations to the chief elected officials of the local area and may, by agreement, perform additional duties assigned by the chief elected officials.

A conference providing a comprehensive look at local WIA boards and workforce policy is scheduled for December 14, 2000. This is a one day conference called "2000 and Beyond" which will be held at the Hyatt Regency in Columbus, Ohio. Additional information may be found at www.ohioworkforce.org. Select the "What's New?" button and you will find more information on the conference.

Question #16 (11/21/00)
In the Ohio State Plan it refers to the Wagner-Peyser waiver section being removed from the plan and addressed separately as a request for a demonstration project. Has the demonstration project document been drafted yet; and, if so, how may I obtain a copy of it?

Response
No, a demonstration project document has not been drafted. We are presently in the process of making changes to the State Plan based on input received from the Department of Labor (DOL). The Wagner-Peyser waiver request is one of the areas we are changing. At this time we will not be requesting a Wagner-Peyser demonstration project through DOL.

Question #17 (11/21/00)
Where can workforce development agencies find Training and Employment Information Notices (TEIN) and Training and Employment Guidance Letters (TEGL) on the internet?

Response
Training and Employment Information Notices(TEIN) and Training and Employment Guidance Letters (TEGL) are located at http://wdr.doleta.gov/directives/

Question#18(a) (11/21/00)
I want to contract with qualified individuals to provide one-on-one tutoring to youth in math, reading, etc. More than likely they would be teachers. Our agency would pay the tutor "x" dollars per hour for tutoring.

Is placing an ad in the newspaper which would state the qualifications required and duties of the tutor enough to satisfy the WIA procurement requirement to find tutors which is one of the 10 elements and must be procured?

Response
Consult with your fiscal department to determine if your local small purchase procurement procedures would meet the requirements. Placing an ad in the newspaper may or may not satisfy WIA procurement requirements. In accordance with 29CFR 97.36, when small purchase procurement are used, price or rate quotations are to be obtained from an adequate number of qualified sources.

Question#18(b) (11/21/00)
Would the tutors' names (John Smith, Mary Jones, etc.) have to be placed on the Youth Provider list? They are individuals not training/education institutions?

Response
No, the tutors' names do not have to be placed on the Youth Provider list.

Question #19 (11/21/00)
Currently, we are only able to get WIA money through the Random Moment Survey system. However, my role, as a supervisor, is not supposed to be part of the RMS's, since I do not have a caseload. How will the county draw WIA money down to cover my ( and other administrative) expenses?

Response
RMS - any supervisor or employee performing program activity related to WIA are to be in the RMS time study. The supervisor or employee does NOT have to have a caseload.

Question #20 (11/21/00)
Must OJT and Customized training providers be on the state eligible list?

Response
Providers of OJT and customized training are exempt from the eligible training provider procedures designed for Individual Training Accounts (ITAs). However, WIAs/SAs are required to submit an OJT and custom training provider list to the State within thirty days of the approved training contracts. The list of OJT and custom training providers must contain the following information:(1)name of the company and location, (2)description of the on-the-job training or customized training, (3)anticipated cost of the program, and (4) business category, e.g., sole proprietary, partnership, corporation, etc.

Reference the memo dated June 7, 2000, Eligible Training Provider Certification Procedures for On-the-Job Training and Customized Training Providers for additional information.

Eligible training providers of OJT and customized training will follow the procedure established by the One-Stop operator in the local area and the WIAs/SAs.

Question #21 (12/11/00)
How can business secure WIA funds for incumbent workers and new hires?

Response
Presently, WIA funds are not being allocated for incumbent workers. Local WIA funds may be used to provide services for employed individuals whose income does not meet the self-sufficiency criteria as defined by the local area. On-the-job training contracts or skill upgrading and retraining could be used for this purpose. Every employee would have to receive intensive as well as core services before receiving training services. For more information on incumbent workers funded programs you can contact the Ohio Department of Development-Industrial Training Program. 

Question #22 (12/11/00)
What is the involvement of DOL and Governor appointed State WPB regarding incumbent worker's funds?

Response
The Department of Labor allows the Governor to reserve no more than 15 percent of each of the amounts allotted to the State to carry out statewide youth activities or statewide employment and training activities for adult and dislocated workers. A portion of this 15 percent has been given to the Governor's board for deciding on the use of these funds. The State Workforce Policy Board (WPB) will make a recommendation about incumbent workers funding.

Question #23 (12/11/00)
Where are the rules and regulations coming from?

Response
The regulations come from the August 11, 2000, Federal Register where the U.S. Department of Labor issued its Final Rule.

Question #24 (12/11/00)
Who is making the interpretation/decisions based on the law?

Response
Without knowing which interpretation/decision that to which you are referring, a specific source cannot be identified. However, the Governor's Workforce Policy Board and the Bureau of WIA have established most policies that have been released.

Question #25 (12/11/00)
We have an amendment that needs to be mailed in. Do these go directly to the address listed or do we send them through our region?

Response
Amendments should be submitted in the same manner as the 5 year plan. The local board is responsible for developing and submitting the local plan to the Governor, hence the local board should develop and submit amendments.

Question #26 (12-11-00)
I have looked high and low in the Federal Regulations, Questions & Answers and HB 470, and have been unsuccessful in finding information on whether a fidelity bond is required for WIA contracts. HELP!

Response
The WIA regulations and ODJFS statutes do not require subrecipients to be bonded. The State does not require fidelity bonding at this time; however, since the liability for losses ultimately rests with the local elected officials, a local entity may find it prudent to protect against possible losses by requiring their subrecipients to secure fidelity bonding coverage.

Question #27 (12/11/00)
How can I stay up-to-date with what is happening within the Ohio Work Force and WIA?

Response
The best way for workforce professionals to keep up-to-date on WIA happenings in Ohio is through our website: www.ohioworkforce.org . You may be familiar with one of the features of the site, "What's New", which highlights upcoming events and identifies changes that have been made to the site. Also, www.ohioworks.com and jfs.ohio.gov provide additional information that may be of interest to you. These websites provide links to other related sites as well.

Question #28 (12/11/00)
Is there a program out there that explains how we can market WIA in our local area? It seems there are a few people out there that have never heard of the Workforce Investment Act. Are there any models that I can present to the board so that we may advertise WIA to the extent that it becomes a household word?

Response
Yes, the Department of Labor/Employment & Training Administration (DOLETA) has a public outreach/marketing manual which was developed to be utilized by State and local areas for their marketing efforts under WIA. If you visit their website at you will find several marketing tools that can be utilized by your organization by selecting "Resources", then select "Marketing". There is a listing of tools, including tools on how to market to employers. Also, you will find information about the new "America's Workforce Network" logo and marketing campaign that the USDOL is using to promote all of their Federal, State and local partner programs, services and tools.

Question #29 (1/9/01)
Must WIA dollars be spent on training in order to pull down WIA administration funds? Is the 10% WIA administration limitation based on training dollars spent, or on any WIA expenditure or time study hit?

Response
No, the 10% administrative funds are based on the type of administrative functions actually performed. The 10 percent limitation is based upon the availability of funds (i.e., WIA allocation) and not upon the actual expenditures. As an example, if a Workforce Development Agency (WDA) received an allocation of $100,000 for adult services during PY 2000, it may expend a maximum of $10,000 for administrative costs. These administrative costs may occur during the period that these funds may be expended and are totally independent of the expenditure of the balance of $90,000. Additionally, WDAs do have the right to choose to expend less than 10 percent of their allocations for administrative costs.

The type of functions that would be included in administrative costs might include: accounting, budgeting, procurement, personnel management, payroll, audit, legal services, oversight, monitoring and costs of information system. Functions that are not related to the direct provision of workforce development services are generally defined as administrative costs. Please see the regulatory provisions set forth in Sections 667.210 and 667.220 of the WIA Final Rules (Federal Register dated August 11, 2000, 20 CFR Part 652 et. al.) for a complete definition of what is included in administrative costs.

Question #30 (1/9/01)
Can WIA/TANF (Ohio Option Incentive Funds) dollars be used for an adult with no minor children or does WIA/TANF have to be spent on families only?

Response
Ohio Option Incentive dollars can only be spent on TANF eligible individuals and therefore cannot be used to serve an adult with no minor children.