Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Purpose: This rule establishes the requirements and methodology that the Office
of Community Colleges and Workforce Development will utilize for distribution
of state incentive grants and performance improvement plans pursuant to the
federal Workforce Investment Act (WIA),
PL
105-220, its amendments and regulations thereto.
(2) Definitions:
(a) Continuous Performance Improvement Plan:
Funds made available to Local Workforce Investment Areas (LWIAs) that achieve a
cumulative program area score less than 100% and at least 80% of the negotiated
performance level on each performance indicator within a program area. See
agency Policy 589-20.2 for application process.
(b) Cumulative Program Area Score: The
aggregate amount by which a Local LWIA exceeds or falls below the negotiated
performance levels in a particular program area.
(c) Exemplary Performance: Having achieved a
cumulative program area score greater than 100% and at least 80% of the
negotiated performance level on each performance indicator within a program
area.
(d) Failure to Meet: Actual
performance for any of the performance indicators that falls below the
negotiated level of performance. Technical assistance is required to be
provided under WIA Section 134(a)(2)(B)(iv) to Local Workforce Investment Areas
(LWIAs) that fail to meet local performance measures.
(e) Grantee: Recipient of grant funds from
the Department of Labor. Refers to the Office of Community Colleges and
Workforce Development (the Office).
(f) Incentive Awards: Funds awarded to LWIAs
that meet Exemplary Performance.
(g) Incentive Grants: A portion of the
Statewide Employment and Training Activities funds under WIA Title IB Section
134(a)(2)(B)(iii) and (vi) that is required to be used to award exemplary
performance by local areas on the local performance measures and to provide
technical assistance for LWIAs that fail to meet local performance measures.
(h) Local Performance Measure: A
performance measure established under Section 136(c) of WIA. Local performance
measures consist of the core performance indicators established under Section
136(b)(2)(A) of WIA and fall into four program areas - adult, dislocated
worker, youth, and customer satisfaction.
(i) Local Workforce Investment Area(s): The
area(s) in the state designated by the Governor under Section 116 of WIA to
which WIA Title IB funds are allocated to carry out WIA Title IB programs.
(j) Mandatory Performance
Improvement Plan: LWIAs that achieve a cumulative program area score of less
than 100% and less than 80% of the negotiated performance level on a
performance indicator within a program area must prepare and seek funding for a
plan to address failure to meet performance. See agency Policy 589-20.2 for
application process.
(k)
Negotiated Performance Level: The numeric performance targets agreed to by the
State and the LWIA for each of the core performance indicators.
(l) Performance Measures: The performance
indicators required by the Workforce Investment Act of 1998.
(m) Program Area: Four program areas used in
the evaluation of performance for incentive purposes; adults, dislocated
workers, youth, and customer satisfaction.
(n) Program Year (PY): The period July 1
through June 30 of each year.
(3) Available WIA funds shall be reserved for
incentive awards and awarded in accordance with the following criteria:
(a) To be eligible for an incentive award for
a program area, the LWIA must achieve a cumulative average score greater than
100% for the performance measures in a given program area (adult, dislocated
worker, youth, or customer satisfaction); and
(b) The LWIA must achieve at least 80% of the
negotiated performance level on each performance measure within a given program
area.
(c) Incentive funds shall be
awarded annually after the end of each Program Year (PY), when data to compute
actual performance becomes available.
(4) Funds available to each LWIA, which may
be earned in accordance with (3)(a) and (b) shall be determined:
(a) By calculating the percent each of the
adult, youth and dislocated worker program's PY allocation is of the total PY
allocation;
(b) By multiplying the
total funds available for incentive awards by the percentages identified in
(5)(1) of this OAR to arrive at the available funds for each program (adult,
dislocated worker, and youth); and finally
(c) By multiplying the amounts identified in
(5)(b) of this OAR for each program by the PY allocation percentages of each
LWIA for the respective program; these products are then added to arrive at the
total funds that each LWIA might earn.
(5) Funds available to be earned for each
program area (adult, dislocated worker, youth and customer satisfaction) shall
be calculated in the following manner:
(a)
Each program area bears equal weight (25% for each of the four program areas).
(b) The total funds that each LWIA
might earn ((4)(c) of this OAR) are multiplied by 25% to arrive at the amount
that might be earned for each program area (adult, dislocated worker, youth,
and customer satisfaction).
(6) Incentive awards will be made from funds
available for that purpose out of current year funding, e.g., PY'04 incentive
funds are used to reward PY'03 performance.
(7) Awarded incentive funds may be used for
any activities allowed under WIA Title IB.
(8) Definitions used for performance measures
shall conform to those provided by the Department of Labor in Training and
Employment Guidance Letter (TEGL) 17-05.
(9) Incentive awards shall only be applied to
performance in Title IB programs.
(10) Funds for Continuous Performance
Improvement Plans and Mandatory Performance Improvement Plans will be made
available for LWIAs whose cumulative program area scores fall below 100% of the
negotiated level.
(a) LWIAs whose cumulative
program area score falls below 100% of the negotiated performance level may
seek funding for Continuous Performance Improvement Plans.
(b) LWIAs whose cumulative program area score
falls below 80% of the negotiated performance level must develop and seek
funding for Mandatory Performance Improvement Plans.
(c) Funds may be used for any allowable WIA
Title IB activities in support of a Continuous Performance Improvement Plan or
Mandatory Performance Improvement Plan to correct identified deficiencies that
led to failure to meet agreed upon levels of performance.
(d) Continuous Performance Improvement Plan
and Mandatory Performance Improvement Plan awards will not exceed the amount
the LWIA would have earned had performance been met.
(e) LWIAs seeking funds to support Continuous
Performance Improvement Plan or Mandatory Performance Improvement Plan must
submit the plan in writing to the Office . The plan shall be submitted timely,
identify the problem/issue to be remedied, and provide a budget supporting the
work to be accomplished.
(11) Funds remaining after distribution of
all incentive awards, and Continuous Improvement Plan and Mandatory Performance
Improvement Plan awards will revert to the Office's 15% Statewide Activities
Fund for allowable uses at the discretion of the Director of the
Office.
Stat. Auth.: ORS
351.755 &
660.318
Stats. Implemented:
660.318
