Attachment
WIA Waiver Summary Report
As of July 21, 2003
This report at-a-glance: Waiver extension requests through June 30, 2004, were approved for Alabama, Arizona, Colorado, Connecticut, South Carolina, Utah, and Vermont. Waiver action was completed on deferred Alaska performance reporting waiver request.
| State | Waiver | Action | Date of Action |
|---|---|---|---|
| Alabama (1) and (2) | Waive 10 percent limitation on local administrative costs. | Request withdrawn by state. DOL acknowledgement letter. | Notification letter sent July 24, 2000. |
| Waive 80 percent obligation requirement for adult and youth funds for PY 2000. | DOL determined waiver was not needed. Notification letter sent to state. | Notification letter sent June 8, 2001 | |
| Alabama (3) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through January 1, 2004. | Notification letter sent July 19, 2002 |
| Alabama (4) | Request to extend the period of the approved waiver in Alabama (3) above for a period of 6 months, from December 31, 2003, through June 30, 2004. | Approved through June 30, 2004. | Notification letter sent July 14, 2003. |
| Alabama (5) | Request to waive the title I-B 20% funds transfer authority between adult and dislocated worker funding streams to increase the limit up to 50%. | Pending – Waiver decision documents cleared and forwarded to ASET Office for action. | |
| Alaska | Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 to permit ITAs for older youth and out-of-school youth. (WIA Sec. 123 and 134(d)(4)) | Approved. | Notification letter sent May 14, 2003 |
| Request to waive the core performance measure for retention in unsubsidized employment (6 months) and substitute a state developed measure. | Approved. | Notification letter sent July 18, 2003. | |
| Alaska | Waiver request to eliminate the 20% limitation on transferring WIA title I funds between the Adult and Dislocated Worker funding streams. | Decision documents cleared and in ASET Office for action. | |
| Arizona (1) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Waiver approved through June 30, 2003, as requested. | Notification letter sent September 12, 2002 |
| Arizona (2) | Request to waive section 133(b)(2)(B) requirements on within state allocations of dislocated worker funds for a proposed six county consortium. (The consortium administrative entity would also receive and handle Rapid Response funds for the six local areas.) | Approved. (Applicable through June 30, 2004) | Notification letter sent January 3, 2003 |
| Request to waive section 134(a)(2)(B)(iii) provision on awarding incentive funds to local areas for the proposed six county consortium. | Approved. | Notification letter sent January 3, 2003 | |
| Request to waive the section 136(c) pertaining to local performance measures to permit the collective negotiation of dislocated worker core indicators for the six local areas forming the proposed consortium | Approved. | Notification letter sent January 3, 2003 | |
| Request to waive section 136(h) provisions pertaining to sanctions for local areas failure to meet performance measures to permit the consortium administrative entity to bear all responsibility for any failure to meet dislocated worker core measure on behalf of the six local areas. | Approved. | Notification letter sent January 3, 2003 | |
| Arizona (3) | Request to extend the period of the approved waiver in Arizona (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. | Approved through June 30, 2004. | Notification letter sent July 14, 2003. |
| Arkansas | Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 to permit ITAs for older and out-of-school youth. (WIA Sec. 123 and 134(d)(4)) | Decision documents cleared and forwarded to ASET Office for action. | |
| Colorado (1) | Waive the competitive selection of youth service providers for three required elements: work experience, follow-up and support services, and categorize as part of design framework. | Approved through June 30, 2003. | Notification letter sent June 21, 2002. |
| Request an exemption to the exclusion of One-Stop centers as eligible providers of youth services. | Disapproved. | State notified in above letter sent June 21, 2002. | |
| Colorado (2) | Waive the 20% local-level transfer authority limit on funds between the adult and dislocated worker program and increase the transfer limit to 40%. | Waiver approved through June 30, 2004. | Notification letter sent March 3, 2003 |
| Colorado (3) | Request to extend the waiver granted through June 30, 2003, In Colorado (1) above to waive the competitive selection of youth service providers for three required elements: work experience, follow-up and support services, and categorize as part of design framework, for one-year through June 30, 2004. | Approved through June 30, 2004. | Notification letter sent July 18, 2003 |
| Connecticut (1) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Waiver approved through July 1, 2003, as requested. | Notification letter sent September 12, 2002 |
| Connecticut (2) | Request to extend the period of the approved waiver in Connecticut (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. | Approved through June 30, 2004. | Notification letter sent July 14, 2003 |
| Florida | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Pending –Decision documents revised per DASET and recleared for ASET action 06/23/03. | |
| Request to waive the section 133(c) and 20 CFR 667.160 provisions pertaining to the reallocation of funds to local areas to permit a state expenditure-based requirement in addition to the 80 percent obligation requirement provided for in the statute and regulations. | Pending – See above. | ||
| Georgia | Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 | Approved. | January 21, 2003 |
| Hawaii | Request to waive the “all- student” reporting requirement for subsequent eligibility of training providers. | Approved a waiver to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530 through June 30, 2004, in lieu of waiving the “all-student” requirement, which was not approved. | Notification letter sent May 13, 2002 |
| Request to waive the section 122 provisions pertaining to state-level verification of local-level performance of providers on the list provided to the state. | Action deferred on request pending further review. Response to be handled under separate cover. Update: Waiver action completed and waiver approved. | Notification letter sent September 12, 2002 | |
| Idaho | Request to waive the subsequent eligibility provisions outlined in Section 122 (c) and (d) of the WIA legislation and that the USDOL approve Idaho’s proposed process for determining subsequent eligibility. | Approved a waiver to extend the period of initial eligibility through June 30, 2004. | Notification letter sent July 19, 2002 |
| Illinois | Waive the application of performance standards under sec. 136 for statewide set aside funds used to serve incarcerated individuals under sec. 134(a)(3)(A)(vii). | Disapproved as submitted. State provided with guidance on addressing the issue without the need for a waiver (renegotiate performance measure levels) | Notification letter sent July 18, 2002 |
| Waive the application of the eligible training provider, Individual training Account and customer choice requirements under secs. 122 and 134, for statewide set aside funds used to serve incarcerated individuals under sec. 134(a)(3)(A)(vii). | Addressed as part of response on performance measures waiver above. Waiver not needed. | July 18, 2002 | |
| Illinois (2) | Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 to permit ITAs for older youth and out-of-school youth. (WIA Sec. 123 and 134(d)(4) | Pending – Draft decision documents prepared for clearance. | |
| Indiana | Continue the Social Security Disability Income exclusion from the definition of "family income." | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent May 25, 2000 |
| Exclude work-based learning wages from the definition of "family income." | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent May 25, 2000 | |
| Permit the use of rapid response funds for intensive and training services to dislocated workers. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent May 25, 2000 | |
| Permit state to change definition of "school dropout" for the purposes of determining eligibility for services. | Not approved. Provision not subject to a waiver since it is a participant eligibility issue. Notification letter sent to state. | Notification letter sent May 25, 2000 | |
| Waive the prohibition on the use of individual training accounts for youth. | Conditionally approved. Notification letter sent to state. | Notification letter sent May 25, 2000 | |
| Waive the 17 core indicators of performance for WIA title I and replace them with state-develop system measures. | Not approved. Inconsistent with WIA key reform principles. Notification letter sent to state. | Notification letter sent May 25, 2000 | |
| Indiana (Reconsideration of deferred waiver decision on issue in May 25, 2000 letter) | Waive the 10 percent limitation of local administrative costs. | Partially approved to permit Governor to waive 10 percent local administration limit under certain conditions. Notification letter sent to state. | Notification letter sent October 26, 2000 |
| Indiana (2002) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved. | January 21, 2003 |
| Iowa | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through December 31, 2003 | Notification letter sent October 8, 2002 |
| Kentucky (1) | Waive 80% obligation requirement for dislocated worker funds for PY 2000. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent May 15, 2001 |
| Kentucky (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Waiver approved through January 1, 2004 | Notification letter sent April 17, 2002 |
| Kentucky (3) | Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 | Waiver approved through June 30, 2004 | Notification letter sent September 17, 2002 |
| Kentucky (4) | Waive the 20% local-level transfer authority limit on funds between the adult and dislocated worker program and increase the transfer limit to 50%. | Waiver approved through June 30, 2004. | Notification letter set March 3, 2003 |
| Louisiana | Request to waive the 5% limitation on providing WIA funded services to non-disadvantaged youth at the local level (WIA sec. 129 (c)(5) and 20 CFR 664.220) | Disapproved-participant eligibility, which is excluded from the Secretary’s waiver authority. State provided with suggested options to help achieve goal without a waiver. | Notification letter sent May 10, 2002 |
| Maine | Waive eligible training provider provisions for one year (WIA sec.122) | Request withdrawn by state. Acknowledgement letter sent to state. | Notification letter sent July 24, 2000 |
| Maine (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Waiver approved through June 30, 2004, as requested. | Notification letter sent September 12, 2002 |
| Massachusetts | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through June 30, 2004 | Notification letter sent October 8, 2002 |
| Minnesota (1) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through January 1, 2003, as requested by the state. | Notification letter sent February 15, 2002 |
| Mississippi (1) | Waive the subsequent eligibility requirement that all mandated performance items must be submitted, and acceptable levels met, for programs and courses to remain on the ETP List. (Sec. 122(c)(5) and 20 CFR 663.535(c)(1) and (2)) | Approved through June 30, 2003. | Notification letter sent July 19, 2002 |
| Mississippi (2) | Request to waive the title I-B 20% funds transfer authority between adult and dislocated worker funding streams to increase the limit up to 50%. | Decision documents cleared and in ASET Office for action. | |
| Mississippi (3) | Request to extend the period of the approved waiver in Mississippi (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. | Decision documents prepared and in clearance for ASET action. | |
| Missouri | Request to waive the section 133(c) and 20 CFR 667.160 provisions pertaining to the reallocation of funds to local areas to permit a state expenditure-based requirement in addition to the 80 percent obligation requirement provided for in the statute and regulations. | Approved. (Applicable through June 30, 2004) | Notification letter sent March 17, 2003 |
| Montana (1) | Waive the 10 percent limitation of local administrative costs. | Partially approved to permit Governor to waive 10 percent local administration limit under certain conditions. Notification letter sent to state. Approved through June 30, 2004. | Notification letter sent October 26, 2000 |
| Montana (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through June 30, 2004. | Notification letter sent to state June 21, 2002. |
| New Jersey (1) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through June 30, 2003 | Notification letter sent October 8, 2002 |
| New Jersey (2) | Request to extend the period of the approved waiver in New Jersey (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. | Decision documents prepared and in clearance for ASET action. | |
| New Mexico | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through June 30, 2004. | January 21, 2003 |
| New Mexico (2) | Waiver request to eliminate the 20% limitation on transferring WIA title I funds between the Adult and Dislocated Worker funding streams. | Approved through June 30, 2004. | Notification letter sent to the state May 7, 2003. |
| New York | Waive the 20% local-level transfer authority limit on funds between the adult and dislocated worker programs. | Approved to permit transfer of up to 40% between adult and dislocated worker funding streams. | Notification letter sent to state June 28, 2002. |
| North Carolina | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec 122(c)(5) and 20 CFR 663.530. | Approved a waiver to extend the period of initial eligibility through June 30, 2004. | Notification letter sent July 19, 2002 |
| North Dakota | Waive the competitive selection of youth service providers at WIA sec. 123 for all required elements under WIA sec. 129(c)(2). | State formally withdrew its waiver request in a letter dated April 29, 2002. Acknowledgement letter sent to the state from the Dallas Regional Administrator. | Notification letter sent May 8, 2002. |
| North Dakota (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Waiver approved through January 1, 2004, as requested. | Notification letter sent September 12, 2002 |
| Ohio | Continue the 50 percent exclusion of Social Security and Old Age Survivors’ Insurance benefit payments from the definition of family income. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 |
| Continue the Social Security Disability Income exclusion from the definition of "family income." | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Procurement requirements. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Cost limitations. | Partially approved to permit Governor to waive 10 percent local administration limit under certain conditions. Notification letter sent to state. Applicable through June 30, 2004. | Notification letter sent October 26, 2000 | |
| Ohio (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through January 1, 2004. | Notification letter sent July 19, 2002 |
| Oklahoma | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Request lacking in specifics – additional information requested through Regional Office to conform to the provisions at 20 CFR 661.420(c). Update1: Supplemental information received September 9, 2002. Update 2: Waiver Approved | January 21, 2003 |
| Oregon | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through June 30, 2004. | Notification letter sent April 1, 2002 |
| Puerto Rico | Waive the 20% local-level transfer authority limit on funds between the adult and dislocated worker programs. | Approved through June 30, 2004 | Notification letter sent December 6, 2002 |
| Waive the 10 percent limitation of local administrative costs, and increase the local limit to 15%. | Decision documents forwarded to ASET for action. | ||
| South Carolina (1) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through June 30, 2003. | Notification letter sent to state June 21, 2002. |
| South Carolina (2) | Request to extend the period of the approved waiver in South Carolina (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. | Approved through June 30, 2004 | Notification letter sent July 18, 2003 |
| Tennessee | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec 122(c)(5) and 20 CFR 663.530. | Approved through January 1, 2003. | Notification letter sent to the state June 21, 2002. |
| Texas | Waive the 50% employer match for customized training at 101(8) and 20 CFR 663.715(c) to permit a sliding scale of between 10 and 50% for the match. | Waiver approved through June 30, 2004 | Notification letter sent January 3, 2003 |
| Waive the "all student" reporting requirements for subsequent eligibility of training providers at WIA sec. 122(d)(1)(A)(i) and 20 CFR 663.535 and 540 and substitute state developed alternative process. | Waiver approved through June 30, 2004 | Notification letter sent January 3, 2003 | |
| Waiver request to eliminate the 20% limitation on transferring WIA title I funds between the Adult and Dislocated Worker funding streams. | Waiver approved through June 30, 2004 | Notification letter sent January 3, 2003 | |
| Waive the prohibition on the use of individual training accounts for older youth at 20 CFR 664.510 to permit ITAs for older youth and out-of-school youth. (WIA secs. 123 and 134(d)(4) | Waiver approved through June 30, 2004 | Notification letter sent January 3, 2003 | |
| Request to remove the 15% statutory limitation for funds reserved for statewide activities at WIA sec. 128(a)(1) and 20 Cfr 667.130(b) | Disapproved – excluded from the Secretary’s waiver authority under the “allocation of funds to local areas” exclusion. | Notification letter sent January 3, 2003 | |
| Texas (2) | Request to waive the use of youth funds, at WIA section 129, and adult and dislocated worker funds, at WIA section 134 to permit local boards to conduct statewide activities authorized at WIA sections 134(a) and 129(b). | Pending – conference call held between NO and RO – Region forwarded additional information submitted by the state on elements of the state’s submission. Draft decision documents have been prepared and are ready for clearance. | |
| Utah (1) | Cost limitations/cost categories. | Partially approved to permit Governor to waive 10 percent local administration limit under certain conditions. Notification letter sent to state. Applicable through June 30, 2004. | Notification letter sent October 26, 2000 |
| Continue JTPA waiver of the reallotment provisions. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Continue JTPA waiver permitting limited internships with for-profit employers, for non-economically disadvantaged individuals. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Continue JTPA procurement waiver permitting state to use state procurement procedures. | DOL determined waiver was not needed under WIA. Notification letter sent to state | Notification letter sent October 26, 2000 | |
| Continue JTPA waiver for simplified definition of youth employability enhancements for reporting requirements. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Continue JTPA waiver to permit work experience with for-profit employers, for dislocated workers. | DOL determined waiver was not needed under WIA. Notification letter sent to state. | Notification letter sent October 26, 2000 | |
| Utah (2) | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at WIA sec. 122(c)(5) and 20 CFR 663.530. | Approved through June 30, 2003 | Notification letter sent October 8, 2002 |
| Utah (3) | Request to extend the period of the approved waiver in Utah (2) above to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility for a period of one-year, from June 30, 2003 through June 30, 2004. | Approved through June 30, 2004 | Notification letter sent July 18, 2003 |
| Vermont (1) | Waive the competitive selection of youth service providers for three required elements at sec. 129(c)(2): work experience, follow-up and support services, and categorize as part of design framework. | Approved through June 30, 2003. | Notification letter sent January 23, 2002 |
| Request to waive the "all- student" reporting requirement for subsequent eligibility of training providers. | Approved a waiver to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530 through June 30, 2003, in lieu of waiving the “all-student” requirement, which was not approved. | Notification letter sent January, 23, 2002 | |
| Vermont (2) | Request to extend the period of the approved waivers granted in Vermont (1) above for a period of one-year, from June 30, 2003 through June 30, 2004. Granted waivers to 1) waive the competitive selection of youth service providers for three required elements at sec. 129(c)(2), and 2) extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility | Approved through June 30, 2004 | Notification letter sent July 14, 2003 |
| West Virginia | Request to waive the “all-student” performance reporting requirements for subsequent eligibility of training providers. | Approved a waiver to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530 through June 30, 2004, in lieu of waiving the “all-student” requirement, which was not approved. | January 21, 2003 |
| Request to waive the title I-B 20% funds transfer authority between adult and dislocated worker funding streams to increase the limit up to 50% | Approved. | January 21, 2003 | |
| Wisconsin | Request to extend the initial period of provider eligibility by waiving the 18-month requirement for subsequent eligibility at 20 CFR 663.530. | Approved through January 1, 2004 | Notification letter sent February 15, 2002 |
| Wyoming | Request to waive the definition of “low income individual” WIA Sec. 101(25)(B) used in determining eligibility for youth services | Pending. | |
| Request to waive the "fair share" provision for partner portion of administration of One-Stop delivery system operations at 20 CFR 662.270, to permit all costs to be paid for by WIA funds. |
Pending - Awaiting additional clarification from the state on the waiver submission. |